Constituting Europe: The European Court of Human Rights in a National, European and Global Context (Studies on Human Rights Conventions, Series Number 2)

At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements Machine generated contents note: List of figures; List of tables; 1. Introduction: corporate governance after the 'end of history': investigating the new 'Great Transformation' Cynthia Williams and Peer Zumbansen; Part I. Historical Trajectories of Business and Regulation: 2. Corporate governance and financial crisis in the long run Simon Deakin; 3. Financialism: a (very) brief history Lawrence E. Mitchell; 4. Legitimating power: the changing status of the board of directors Dalia Tsuk Mitchell; 5. Engaging corporate boards: the limits of liability rules in modern corporate governance William T. Allen; 6. The primacy of Delaware and the embeddedness of the firm Fenner Stewart; 7. The new embeddedness of the corporation: corporate social responsibility in the knowledge society Peer Zumbansen; Part II. New Interests, New Shareholder Constellations, New Landscapes: 8. Beyond the Berle and Means paradigm: private equity and the new capitalist order Stephen F. Diamond; 9. Pension funds as owners and as financial intermediaries: a review of recent Canadian experience Simon Archer; 10. Credit derivatives market design: creating fairness and sustainability Janis Sarra; 11. The EU Takeovers Directive: a shareholder or stakeholder model? Blanaid Clarke; 12. 'Law and finance': inaccurate, incomplete and important Ruth V. Aguilera and Cynthia A. Williams; Part III. Labor's Evolution in the Economy: 13. Labor and finance in the United States Sanford M. Jacoby; 14. The conflicting logic of markets and the management of production Suzanne Konzelmann and Frank Wilkinson; 15. Organising workers globally the need for public policy to regulate investment John Evans; 16. From governance to political economy: insights from a study of relations between corporations and workers Harry W. Arthurs and Claire Mumme;; Part IV. The Transnational Embedded Firm and the Financial Crisis: 17. The intellectual foundations of the global financial crisis: analysis and proposals for reform Frank Jan De Graaf and Cynthia A. Williams; 18. Why executive pay matters to innovation and inequality William Lazonick; 19. Products, perimeters and politics: systemic risk and securities regulation Mary Condon; 20. Modernizing pension fund legal standards for the twenty-first century Keith Johnson and Frank Jan De Graaf; Part V. Conclusion: 21. Conclusion: evaluation, policy proposals and research agenda Cynthia A. Williams and Peer Zumbansen; Index. At Fifty, The European Court Of Human Rights Finds Itself In A New Institutional Setting. With The Eu Joining The European Convention On Human Rights In The Near Future, And The Court Increasingly Having To Address The Responsibility Of States In Un-led Military Operations, The Court Faces Important Challenges At The National, European And International Levels. In Light Of Recent Reform Discussions, This Volume Addresses The Multilevel Relations Of The Court By Drawing On Existing Debates, Pointing To Current Deficits And Highlighting The Need For Further Improvements--unedited Summary From Book Cover. The Court And The Member States : Procedural Aspects / Ian Cameron -- The Margin Of Appreciation Doctrine : A Theoretical Analysis Of Strasbourg's Variable Geometry / Yutaka Arai-takahashi -- The Echr As A Living Instrument : Its Meaning And Legitimacy / George Letsas -- No Longer Offering Fine Mantras To A Parched Child? The European Court's Developing Approach To Remedies / Philip Leach -- National Implementation Of Echr Rights / Mads Andenas And Eirik Bjorge -- The Court As A Part Of The Council Of Europe : The Parliamentary Assembly And The Committee Of Ministers / Elisabeth Lambert-abdelgawad -- Should The European Union Ratify The European Convention For Human Rights? Some Remarks On The Relations Between The European Court Of Human Rights And The European Court Of Justice / Leonard F.m. Besselink -- The European Court Of Human Rights And The United Nations / Christian Tomuschat. Edited By Andreas Føllesdal, Birgit Peters, And Geir Ulfstein. Includes Bibliographical References (p. 403-429) And Index. International Human Rights And The Challenge Of Legitimacy / Johan Karlsson Schaffer, Andreas Føllesdal And Geir Ulfstein -- The Legitimate Authority Of International Human Rights : On The Reciprocal Legitimation Of Domestic And International Human Rights / Samantha Besson -- On The Legitimate Authority Of International Human Rights Bodies / Steven Wheatley -- Equality, Human Rights, And Political Legitimacy / Kristen Hessler -- The Legitimacy Of International Interpretive Authorities For Human Rights Treaties : An Indirect-instrumentalist Defence / Başak Çali -- Torture And The Politics Of Legitimation In International Law / Ian Hurd -- Legitimacy, Institutional Power, And International Human Rights Institutions : A Conceptual Enquiry / Lynn Dobson -- Legitimacy, Global Governance And Human Rights Institutions : Inverting The Puzzle / Johan Karlsson Schaffer -- The Democratic Legitimacy Of International Human Rights Conventions : Political Constitutionalism And The Hirst Case / Richard Bellamy -- Much Ado About Nothing? : International Judicial Review Of Human Rights In Well-functioning Democracies / Andreas Føllesdal. Edited By, Andreas Føllesdal, Johan Karlsson Schaffer, Geir Ulfstein. Includes Bibliographical References And Index. "The globalization of capital markets since the 1980s has been accompanied by a vigorous debate over the convergence of corporate governance standards around the world towards the shareholder model. But even before the financial and economic crisis of 2008/2009, the dominance of the shareholder model was challenged with regard to persisting divergences and national differences in corporate law, labor law and industrial relations. The present collection explores this debate at an important crossroads, echoing Karl Polanyi's famous observation in 1944 of the disembeddedness of the market from society. Drawing on pertinent insights from scholars, practitioners and regulators in corporate and labor law, securities regulation as well as economic sociology and management theory, the contributions shed important light on the empirical effects on the economy of the shift to shareholder primacy, in light of a comprehensive reconsideration of the global context, policy goals and regulatory forms which characterize market governance today"-- Provided by publisher The globalization of capital markets since the 1980s has been accompanied by a vigorous debate over the convergence of corporate governance standards around the world towards the shareholder model. But even before the financial and economic crisis of 2008/2009, the dominance of the shareholder model was challenged with regard to persisting divergences and national differences in corporate law, labor law and industrial relations. This collection explores this debate at an important crossroads, echoing Karl Polanyi's famous observation in 1944 of the disembeddedness of the market from society. Drawing on pertinent insights from scholars, practitioners and regulators in corporate and labor law, securities regulation as well as economic sociology and management theory, the contributions shed important light on the empirical effects on the economy of the shift to shareholder primacy, in light of a comprehensive reconsideration of the global context, policy goals and regulatory forms which characterize market governance today. Prominent scholars in law, political philosophy and international relations examine the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority and provide a unique and thorough overview of the legitimacy problems involved in the global governance of human rights. The European Court of Human Rights is facing a period of change. The EU may soon become subject to the Court, and it also increasingly finds itself addressing actions by the UN and other international organizations. This volume explores the Court's new national, European and international positions.