Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law

States routinely provide support and assistance to their corporate nationals in their global trade and investment ventures. While states may not intend to allow corporate nationals to violate human rights in their extraterritorial operations, by their actions or omissions, states may facilitate, or otherwise contribute to, a situation in which such violations by a corporation occur. This article investigates the extent to which the extraterritorial activities of transnational corporations (TNCs) that violate international human rights law can give rise to home state responsibility. The analysis shows that home states of TNCs have obligations under international law in certain situations to regulate the extraterritorial activities of corporate nationals or the latter's foreign subsidiaries and can incur international responsibility where they fail to do so.     

The Global Capitalism School Tested in Asia: Transnational Capitalist Class vs Taking the State Seriously

Globalisation continues to stir debate. One burgeoning theoretical perspective is the “global capitalism school” (GCS), anchored around the writings of William Robinson. The GCS argues that globalisation marks a new epoch as nationally-based elites are no longer the central locus of power in world order with the rise of a “transnational capitalist class” (TCC). Jeb Sprague’s edited volume, Globalization and Transnational Capitalism in Asia and Oceania, is the first book-length study testing key tenets of the GCS in the Asia-Pacific, and therefore fills a crucial gap. In this review article, it is argued that this book does not overcome what I believe are some key theoretical and empirical problems in the GCS, from not taking the state seriously to a dearth of corporate ownership data to demonstrate the existence of a TCC. To argue this, the article draws upon chapters in the book itself that are critical of the GCS, as well as from empirical research on corporate ownership and nationality. Nevertheless, it is concluded that this book is essential reading for anyone interested in the GCS, as well as the broader theoretical implications and empirical impacts of globalisation in the Asia-Pacific region.     

Las funciones de los consejeros independientes de las sociedades en México: Recomendaciones para el cambio a partir de las asimetrías existentes entre la práctica y la ley

The legal notion of an independent board member was introduced to the Mexican legislation in 2005. The goal was to improve the corporate governance of the corporations listed on the stock exchange. It was thought that including the independent board members would help to better represent the interest of the minority holders, as well as to increase the level of accountability. This article challenges these ideas based on 10 interviews carried out with independent board members. It finds that what the law says is far from what actuatly occurs: they lack of an adequate level of knowledge to perform their tasks, their degree of independence is severely limited by the criteria used to appoint them and they usually ignore essential corporate information, which impede them from participating effectively in the board sessions. The article suggests the creation of an independent board member’s association, a mechanism that, along with a mandatory certification system, would improve the way in which they perform their duties.     

The five capabilities of socially responsible companies

This paper develops and tests a model that integrates processes of public affairs management with stakeholder engagement and dialogue, business ethics and social reporting to explain social responsibility capabilities in organisations. The model, called Corporate Social Responsibility Management Capacity, describes social responsiveness as arising from a firm's social responsibility orientation and its public relations orientation. The paper shows how the model can be used by managers to measure, manage and improve their company's ability to be socially responsible. Copyright © 2004 Henry Stewart Publications     

Creative internationalization: widening the perspectives on analysis and policy regarding international R&D activities

Internationalization in R&D is further growing; it is changing its geographical balance, as it is shifting somewhat to the Far East, and its nature, increasing the global quest for talent and good research conditions as well as for low cost R&D. This paper focuses on the European perspective, i.e. it discusses current challenges Europe faces vis-à-vis trends in industrial R&D, but the findings and arguments are more general ones. It argues that our perspective on internationalization is still shaped too much by a zero sum-rationale, whereby one location wins R&D capacity that another location loses. It develops a cost–benefit matrix in order to capture the overall costs and benefits of international R&D activities more broadly. The paper argues that more creativity is needed, that our perspective needs to be broadened to tackle all variables conditioning international activities in R&D (including local conditions of demand and discourse) and to stress the importance of the absorption of global knowledge by as many actors within an innovation system as possible. On the basis of recent survey data the paper furthermore concludes that public research should be thought of as a trans-national transmission belt of knowledge and as the prime factor that shapes the attractiveness and effectiveness of a location for business R&D. Finally, it is argued that policy schemes geared towards international R&D need to accept and tackle the issue of co-ordination of governance and to take advantage of the flexible possibilities offered at the European level, beyond the logic of the European Framework Programme.

"不方便法院原则"存废之我见 --析跨国公司境外侵权对"不方便法院原则"的冲击

目前,学界对"不方便法院原则"褒贬不一,有关其存废争议颇大.笔者通过对其内涵和功能的考察找到其实质所在,并针对跨国公司境外侵权对该原则的冲击提出自己的意见,期望对相关立法有所裨益.     

由韩国的企业结构调整看经济改革方向

韩国企业自金融危机后 ,为适应经营环境的变化 ,正在进行结构调整。企业结构调整包括几个方面 ,即改善所有权结构与支配结构 ,灵活运用社外理事制度 ,扩大小额股东的权力 ,充分发挥机构投资者的作用 ,改善会计监察制度 ,加强对企业的监督。同时 ,今后韩国企业的发展方向是减少信贷经营 ,充实自有资本 ,设立控股公司负责企业总体规划 ,子公司专心从事企业经营 ,从而全面提高企业的经营效率。