Search results for "LAW AND ECONOMICS"
showing 10 items of 236 documents
Individual, Collective and Social Responsibility of the Firm
2000
The main concern of this paper is the moral responsibility of the firm, as well as of the individuals in a firm, to uphold environmental protection. Much of the business ethics literature defines corporate social responsibility in terms of stakeholder relationships, and the emphasis is frequently on collective as opposed to individual responsibility. This paper has three objectives. The first is to clarify the nature of moral responsibility, and the distinction between legal and moral responsibility. The second objective is to steer academicians and others towards a new vision of the firm. We argue that a firm is not just a singular legal entity but also a collectivity of morally responsibl…
An Example: Money
1995
The institution of money, like that of language, or that of the State, has often been seen to be based on some kind of contractual agreement. Aristotle describes the nature of money as follows: Money has become by convention a sort of representative of demand; and that is why it has the name ‘money’ (nomisma) because it exists not by nature but by law (nomos) and it is in our power to change it and make it useless. (Ethica Nicomachea, V.5.II33a) The word nomos is ambiguous: in another translation of Ethica it has been translated as “custom”. This ambiguity reflects a theoretical problem in the classical social theory: money has been seen either as a result of an act of will of the legislato…
Class Actions or Collective Redress: The Need for an Efficient European Tool
2014
Collective redress makes sense both in court-based litigation and in alternative dispute resolution (ADR). Yet while the courts generally have a good sense of collective redress (though arguably there is room for improvements), in the second framework, there are some contradictions from a dogmatic point of view. When collective interests come up in conflict, judicial coercion and a judicial structure are often needed to resolve the conflict. In addition, the absence of a voluntary agreement, especially from the abuser’s side, makes it more difficult to resolve conflicts using ADR. The future EU Directive in Consumer Collective Redress aims to bring a new era to the field. In this paper, I s…
Die Grenzen der Solidarität
2020
This paper uses the COVID-19 pandemic to reflect on the relationship between governance and solidarity It considers how a social model based on self-regulating individuals has been complemented by a new form of state dirigisme reliant on evocations of solidarity However, this configuration may be approaching the limits of its viability Given that governance relies on the robust internalization and execution of both care and control and on an ethos of renunciation, especially among the middle and upper classes, the paper proposes the need for analyses that better incorporate concepts of social inequality © Vandenhoeck & Ruprecht GmbH & Co KG, Gottingen 2020
Le commerce équitable et la société civile internationale : une chance pour la mondialisation d'un droit de l'économie solidaire
2003
SUMMARY The international trade law passes through a crisis of legitimacy following the inequitable character of its rules and the irrelevance of its principles to the peculiarities of the North-South relations. Being the legal translation of the capitalist free market economic system, these rules are to protect the mercantile and free trade values. In order to overcome this crisis the movement of fair trade has emerged and has since its origin been supported by members of the international civil society. Fair trade means taking into account the standard of living and the conditions of employment of the marginalized producers in developing countries so as to improve them. This study is an a…
The Puzzle of the New European COMI Rules: Rethinking COMI in the Age of Multinational, Digital and Glocal Enterprises
2019
EU Regulation 2015/848 (Recast) laid down new rules on the debtor’s ‘centre of main interests’ (COMI) both to make it easier to determine international jurisdiction and to prevent a debtor from fraudulently relocating his/her/its COMI from one Member State to another. However, the terms of the litigation concerning the NIKI case and an in-depth analysis of the Recast demonstrate that this operation has been unsuccessful. This paper argues: first, that the new COMI rules contain logical and teleological flaws; secondly, that the prerequisite that the COMI ‘shall be the place […] which is ascertainable by third parties’ is a duplicate of the prerequisite ‘on a regular basis’; thirdly, that th…
The Concept of Worker in European Union Law and Its Application to the New Economic Realities. Is the Reasoned Order of the CJEU in the Case of Food …
2020
The complex interpretation of the concept of worker for European Union law has been caught up, as it could not be otherwise, with the question of digital platforms and the new way of organising labour. In this work, the CJEU's Reasoned Order will be analysed, where for the first time an approach is made to the subject of the concept of worker applied to digital platforms in the field of Union law.
Análisis del despido nulo ex Art. 55.5 ET
2020
En este trabajo se realiza un análisis de la configuración jurídica de la institución recogida en el art. 55.5 ET en relación con la declaración automática de nulidad de los despidos que tengan como móvil alguno de los supuestos relacionados en sus letras a), b) o c), esto es, relativos a la conciliación de la vida familiar y laboral, tanto desde el punto de vista de su conceptuación como nulidad objetiva -sin necesidad de comunicación expresa al empresario-, como desde el punto de vista de su extensión temporal de protección. Para ello, se analiza, en primer lugar, la normativa, tanto a nivel internacional, comunitario y nacional. A continuación, se examina su ámbito de protección, centrán…
Opinion Statement ECJ-TF 3/2019 on the CJEU Decision of 22 November 2018 in Case C-575/17, Sofina, on Withholding Taxes, Losses and Territoriality
2020
This article deals with the decision taken by the Court of Justice of the European Union in Sofina. In the authors' view, it may have extended the standard of comparability, requiring (foreign) non-dividend income of the recipient to be taken into consideration in comparing the tax treatment of domestic and outbound dividends. This comparator, however, upsets the principle of territoriality, as accepted by the Court in Futura (Case C-250/95) and Centro Equestre (Case C-345/04), by requiring the source state to take into account losses that the non-resident taxpayer has in the residence state. Taken at face value, Sofina's impact may extend well beyond withholding taxes, specifically, and di…
An operator view on alliances in politics
2015
We introduce the concept of an {\em operator decision making technique} and apply it to a concrete political problem: should a given political party form a coalition or not? We focus on the situation of three political parties, and divide the electorate into four groups: partisan supporters of each party and a group of undecided voters. We consider party-party interactions of two forms: shared or differing alliance attitudes. Our main results consist of time-dependent decision functions for each of the three parties, and their asymptotic values, i.e., their final decisions on whether or not to form a coalition.