Colombian Political Bases of the Andean Pact Statute on Foreign Capitals: National Influences on International Regulation of Foreign Investment

1973 ◽  
Vol 15 (1) ◽  
pp. 102-121
Author(s):  
Gail Richardson Sherman

Recognition of the economic power of multinational corporations has stimulated speculation about the development of international political structures to regulate this power. A major difficulty in assuming that corporate expansion throughout the world will give rise to political phenomena of similar scope lies in the difference between international power based on corporate growth and international power based on the cooperation of nation-states. Whereas the economic internationalism of corporations is in general an expansion of power which has well-defined historical foundations in ideology and organization, the task of developing international political associations with power to enforce policy within a number of states entails at least a partial redefinition of traditional bases of political sovereignty. The former is growth of existing power; the latter is creation of a new form of power. There is no obviously necessary development from one to the other.

Author(s):  
Elizabeth Fisher

Environmental problems transcend the boundaries of nation states. That fact is a reminder of the physical reality of such problems, but—for good or ill—political and legal imagination is the product of political communities that cluster into nation states. ‘The significance of nation states’ looks at how environmental law is shaped by the legal culture of nation states. It also discusses the difference between civil law systems and common law systems. The internal constitutional arrangements of a country are fundamental to how environmental law develops in a particular legal culture. Is a ‘global environmental law’ emerging?


2018 ◽  
Vol 25 (4) ◽  
pp. 1094-1104
Author(s):  
Claire Karle

Purpose The purpose of this paper is to engender new thinking regarding the intersection between universal human rights and development, and associated programmes. This leads to three subsidiary objectives: demonstrating the mutually reinforcing relationship between human rights and development; considering the practical divide between having and exercising a right; understanding the impact of non-state actors; and emphasising the ways in which state capacity and social capabilities need to be enhanced to both transform the consideration of human rights into a meaningful development catalyst and treat development as a significant contributor to human rights endeavours. Design/methodology/approach The paper begins by exploring the historical and contemporary understanding of the relationship between development and human rights – arguing for the increasing recognition of their mutually reinforcing relationship. The second section analyses the controversy regarding the existence of genuine “universal” human rights; followed by considering whether human rights are mere aspirations or genuine rights – exposing the difficulty of monitoring, evaluating, and enforcing adherence to human rights mandates, particularly given the growth of non-state actors, such as multinational corporations (MNCs)/transnational corporations (TNCs). The paper closes with a call to strengthen social capabilities and state capacities to consolidate the union between development and human rights. Findings Credence is broadly given to the moral argument for including human rights within a development framework. However, the economic argument remains largely neglected and certainly under-emphasized. Human rights and development should not be viewed or pursued as separate ends in themselves – competing objectives for separate organisations or programmes – but as mutually reinforcing. Both drive the same goal: the inclusive, equitable and qualitative development of human well-being. Further, to transform human rights into meaningful development catalysts one needs to be able to “exercise” the given rights – which in turn calls for strengthening social capabilities and state capacities. Originality/value Unlike some previous works, this paper does not prescribe a particular remedy. Rather, accepting the intangibility of human rights and the associated large degree of subjectivity, it provokes the reader to move beyond the strictures of conventional theories and frameworks. For example, the difference between “having” and “exercising” a right – a stark feature of actual practice has frequently been omitted from theoretical discussion. Likewise, the role of non-state actors, such as MNCs and TNCs, and the way in which their power can impede or support development goals and human rights is a relatively new point of discussion demanding further exploration.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Leanne Winkels

The collection and analysis of individuals data by governments and organizations is an area that lacks overarching protection at the international level, there is potential for an international system monitoring the use of Big Data and providing protections against violations of the right to privacy among other human rights laws. This paper outlines the policy background, then analyzes the use of Big Data through case studies of collection of data on LBTQ+ in Russia, and Uyghur Muslims in China’s Xinjiang province. After establishing the potential for abuses and violations of human rights and the right to privacy through unfettered access to personal data, this paper then considers proposed models to assess and protect human rights in this area, and looks at the potential for the development of an international monitoring system. To take steps towards developing an international legal framework of data protection I argue that the use of international norms to create monitoring bodies, and treaty law between nation-states and also international organizations can be utilized to develop such a framework. 


2010 ◽  
Vol 20 (3) ◽  
pp. 481-502 ◽  
Author(s):  
Jonathan Doh ◽  
Bryan W. Husted ◽  
Dirk Matten ◽  
Michael Santoro

ABSTRACT:The literatures of business ethics and international business have generally had little influence on each other. Nevertheless, the decline in the power of nation states, the emergence of non-governmental organizations, the proliferation of self-regulatory bodies, and the changing responsibilities, roles, and structure of multinational corporations make constructive engagement between these two disciplines imperative. This changing institutional landscape creates many areas of common concern. In this article, we describe the changing institutional context of global business and suggest ways in which both business ethics and international business may inform each other more fruitfully.


1970 ◽  
Vol 24 (3) ◽  
pp. 503-519 ◽  
Author(s):  
Jonathan F. Galloway

Students of international organization have been increasingly concerned with analyzing and measuring international integration and disintegration. In fact, the emphasis on international integration is the major focus of the contemporary study of international organization. One area of inquiry which has been overlooked until recently, however, is the role of multinational corporations in undermining and/or maintaining the functions of nation-states. The paucity of studies in this area by students of international organization can be explained by I) a preference for analyzing intergovernmental rather than nongovernmental entities and 2) the difficulty of acquiring data concerning worldwide firms.


1973 ◽  
Vol 8 (1) ◽  
pp. 24-47 ◽  
Author(s):  
Ghiţa Ionescu

MOST STUDENTS OF SAINT-SIMON HAVE BEEN ESPECIALLY CONCERNED with his relations with the different 19th-century ideological movements; hence few have approached his work from the point of view of the incompatibility between his attitudes and those of the Jacobins. Yet such an approach re-situates his intellectual biography in its proper context – and indeed protects his work from the anachronistic interpretations which have plagued it in the history of ideas. Moreover it illuminates even more rewardingly his present relevance. His clash with Jacobinism might be taken as the startingpoint of the opposition between Jacobinism and industrialism, between the modern industrial societies and the ‘politics of power’ of the old centralized nation states. From this then derives his theory of the difference between the politics of power and the politics of abilities. The importance of this theory, especially for political science, has not been sufficiently stressed in the classic studies on Saint-Simon's work. Mostly sociological, these studies are divided amongst themselves on whether his work must be seen as socialism, Utopian or otherwise, or as elitism, technocratic or otherwise. And yet it is this theory which provides the logical link between these two seemingly contradictory interpretations.


1997 ◽  
Vol 29 (2) ◽  
pp. 205-234 ◽  
Author(s):  
Firoozeh Kashani-Sabet

Long before the French Revolution, an anonymous geographer of the 10th century had already imagined the “boundaries of the world”—(ḥudūd al-ʿālam)—as comprising distinct regions. According to this unknown figure, each territory varied from another “First, by the difference of water, air, soil, and temperature (garma-va-sarma). Secondly, by the difference of religion, law (sharīʿat) and beliefs (kīsh). Thirdly, by the difference of words (lughāt) and languages. Fourthly, by the difference of kingdoms (padshāʾī-hā).” These criteria, as well as natural barriers—mountains, rivers, deserts—allowed the author of this work to divide the world into tracts much like nation-states today.


2020 ◽  
Vol 15 (2) ◽  
Author(s):  
Yannick Fischer

AbstractThis research uses a normative approach to examine the relationship between basic income and migration. The decisive variable is the effect of labour automation, which increases economic insecurities globally, leaving some nation states in a position to cope with this and others not. The insecurities will increase migratory pressures on one hand but also justify the introduction of basic income on a nation state level on the other.The normative guideline is the republican conception of freedom as non-domination. This is used to justify a basic income, analyse how labour automation creates dominating structures and how borders dominate migrants seeking to move to countries which introduce a basic income.The result is that nation states that introduce a basic income to counter internal domination through labour automation, also have to look outside of their nation state. The imposition of borders in order to keep a basic income sustainable as well as labour automation itself, establish a form of domination over less developed countries and thus demand international regulation.


2020 ◽  
Vol 9 (s1) ◽  
pp. 267-290 ◽  
Author(s):  
Muhammad Tahir ◽  
Haslindar Ibrahim ◽  
Abdul Hadi Zulkafli ◽  
Muhammad Mushtaq

AbstractThis study aims to examine the effect of exchange rate fluctuations and credit supply on the dividend repatriation policy of foreign subsidiaries of U.S. multinational corporations (MNCs) around the world. The difference generalised method of moments (GMM) estimator was applied to estimate the dynamic dividend repatriation model. The results suggest that the appreciation of host-country currency against the USD leads to higher dividend repatriation by the foreign subsidiaries of U.S. MNCs. Moreover, results reveal that higher availability of private credit in the host country results in lower dividend repatriation by the U.S. MNCs’ foreign subsidiaries.


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