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All We Want is the Earth: Land, Labour and Movements Beyond Environmentalism

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All We Want is the Earth: Land, Labour and Movements Beyond Environmentalism

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All We Want is the Earth - Land, Labour and Movements Beyond Environmentalism; This book traces a counter-history of modern environmentalism from the 1960s to the present day. It focuses on claims concerning land, labour and social reproduction arising at important moments in the history of environmentalism made by feminist, anti-colonial, Indigenous, workers’ and agrarian movements.

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Neoliberal discourses and ethnonormative regime in post-recognition Peru: redefining hierarchies and identities

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Explotación como un fenómeno internacional

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Explotación como un fenómeno internacional

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Focusing on a matter of continuing contemporary significance, this book is the first work to offer an in-depth exploration of exploitation in the doctor-patient relationship. It provides a theoretical analysis of the concept of exploitation, setting out exploitation's essential elements within the authors' account of wrongful exploitation. It then presents a contextual analysis of exploitation in the doctor-patient relationship, considering the dynamics of this fiduciary relationship, the significance of vulnerability, and the reasons why exploitation in this relationship is particularly wrongful. Two case studies - sexual exploitation and assisted dying - are employed to assess what the appropriate legal, ethical and regulatory responses to exploitation should be, to identify common themes regarding the doctor's behaviour (such as the use of undue influence as a conduit through which to take advantage of and misuse patients), and to illustrate the effects of exploitation on patients. A recurring question addressed is how exploitation in the doctor-patient relationship is and should be dealt with by ethics, regulators and the law, and whether exploitation in this relationship is a special case.

The book provides a critical, interdisciplinary evaluation of exploitation in the doctor-patient relationship that will be of interest to health care lawyers, bioethicists, legal academics and practitioners, health care professionals and policymakers.

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Exploitation, Ethics and Law: Violating the Ethos of the Doctor-Patient Relationship (Biomedical Law and Ethics Library)

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Amazon.com: Exploitation, Ethics and Law: Violating the Ethos of the Doctor-Patient Relationship (Biomedical Law and Ethics Library): 9781032041131: Ost, Suzanne, Biggs, Hazel: Libros

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Resumen precarización y capitalismo verde

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Resumen precarización y capitalismo verde

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Storytelling in precarious landscapes: Insights from a photovoice project in rural Appalachia

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Storytelling in precarious landscapes: Insights from a photovoice project in rural Appalachia

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VALENCIA, A. S.(2018). Sacrificios de derechos humanos en contextos de falta de libertad sistémica. En Descolonizar el Derecho: Pueblos Indígenas, Derechos Humanos y Estado Plurinacional. (pp. 373 - 420). LIMA. Palestra. Recuperado de: http://palestraeditores.com/producto/descolonizar-el-derecho/

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VALENCIA, A. S.(2018). Sacrificios de derechos humanos en contextos de falta de libertad sistémica. En Descolonizar el Derecho: Pueblos Indígenas, Derechos Humanos y Estado Plurinacional. (pp. 373 - 420). LIMA. Palestra. Recuperado de: http://palestraeditores.com/producto/descolonizar-el-derecho/

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Descripción del producto

Diversos profesores e investigadores de distintos países se reúnen para plantear en este libro aproximaciones críticas -desde la teoría de las capacidades y el igualitarismo, hasta perspectivas post y decoloniales- sobre los temas más relevantes de la cuestión indígena en América Latina y en el mundo. Todos los trabajos que se presentan en este volumen sobresalen por su originalidad y apertura interdisciplinaria, a través del diálogo que establecen con diversas áreas del conocimiento, como la filosofía política, la ecología política, la sociología, la antropología, la historia y los estudios de desarrollo.

Resulta esencial resaltar que la perspectiva crítica es fundamental para un ámbito de estudio que muchas veces ha sido cooptado por acercamientos legalistas o jurisprudencialistas. Y es que un objetivo fundamental de esta colección es mostrar que existe teoría detrás del llamado Derecho de los Pueblos Indígenas. No se trata solo de reconocer ciertos derechos de acuerdo a un marco legal y político vigente, sino de transformar las estructuras institucionales de ese marco. Para ello, es necesario, como se ha hecho en varios capítulos del libro, mostrar cómo las aproximaciones usuales parten de perspectivas convencionales y, por lo tanto, sus entendimientos y soluciones son también convencionales y limitados.

De la Introducción

INTRODUCCIÓN
I. El proyecto
II. El contenido de los capítulos
III. Comentarios finales

SOCIEDAD MULTICULTURAL Y ESTADO INTERCULTURAL POR AMÉRICA LATINA ENTRE HISTORIA Y CONSTITUCIÓN
Bartolomé Clavero
Bibliografía

I. Introducción
II. El tratado de westfalia y la idea de soberanía
III. El rol de la colonización en la creación del derecho internacional
IV. Imperialismo, globalismo y derecho internacional
V. Bibliografía

LA DECLARACIÓN DE LAS NACIONES UNIDAS
Y EL TERRITORIO
Alexandre Surrallés / Pedro García Hierro

¿EL SUBSUELO COMO PIEDRA DE TOQUE Y LÍMITE
REAL DE LA PLURINACIONALIDAD EN ECUADOR?
Philipp Altmann / Johannes M. Waldmüller

I. Una breve introducción
II. De la "cuestión social" a la "cuestión indígena". El hecho del sometimiento y la necesidad de ir más allá de las políticas "integradoras"
III. Los derechos indígenas en las nuevas constituciones
IV. Poder político concentrado y derechos indígenas expandidos
V. Bibliografía

I. Introducción
II. El pluralismo jurídico en Latinoamérica
III. El reconocimiento del pluralismo legal en México
IV. Las mujeres indígenas en los debates de la reforma constitucional de 2001
V. Las reformas subnacionales
VI. Casos de estudio
VII. Conclusión
VIII. Bibliografía

I. Introducción
II. La salud frente al trabajo en La Oroya: límites de los modelos analíticos existentes
III. Modelo de análisis sistémico de violaciones a derechos humanos: (MSADH)
IV. La falta de libertad sistémica en La Oroya: orígenes y encadenamiento
V. Factores de conversión institucionales
VI. Factores de conversión sociales
VII. Factores de conversión ambientales
VIII. Factores de conversión personales
IX. Conclusión
X. Bibliografía

I. Introducción
II. La denegación de indigeneidad de las comunidades campesinas en el Perú contemporáneo: contextos y argumentos
III. El derecho como lenguaje de interacción
IV. Breves referencias a las nociones de lo indígena en el derecho internacional del siglo XX
V. Nociones de lo indígena en el indigenismo oficial peruano
VI. La construcción de ambigüedades explícitas a finales del siglo XX
VII. A manera de conclusión: decolonizar la indigeneidad
VIII. Bibliografía

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Diversos profesores e investigadores de distintos países se reúnen para plantear en este libro aproximaciones críticas -desde la teoría de las capacidades y el igualitarismo, hasta perspectivas post y decoloniales- sobre los temas más relevantes de la cuestión indígena en América Latina y en el mundo.

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Gender and Class at Work

Overview

LJB Hayes

Law and Society Research Fellowship, Cardiff Law School, Cardiff University, Cardiff, United Kingdom

Winner of the Hart SLSA Prize for Early Career Academics 2018

Interdisciplinary outlook geared towards a broad range of academic disciplines

A newsworthy topic with coverage of legal and political issues that the general public care about

Distinct in its empirical approach, featuring interviews with care workers

Table of contents (5 chapters)

About this book

Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK's crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work.

'Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.' - Keith Ewing, Professor of Public Law, King's College London

'An important contribution to socio-legal research on care work and labour law.' - Judy Fudge, Professor of Labour Law, University of Kent

'Innovative and meticulous; merits a very wide readership.' - Lizzie Barmes, Professor of Labour Law, Queen Mary University of London

'A really important text which shows, through deep analysis of care workers' stories, how badly undervalued their work is... It offers an excellent analysis.' - Robin Allen QC, Cloisters Chambers

'A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.' - David Brindle, Public Services Editor, The Guardian

'Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.' - Joanne Conaghan, Professor of Law, University of Bristol

Reviews

"This book should be required reading for all politicians, employment tribunal judges, and social care professionals because it provides a clear and coherent explanation of the consequences of contemporary neo-liberal moves to privatize care. Stories of Care is also a masterclass in the importance of socio-legal research, accessible to students and care professionals, grounded in a first-rate empirical, qualitative, ethnography." (Rosie Harding, Journal of Law and Society, Vol. 46 (1), March, 2019)

Winner of the Hart SLSA Prize for Early Career Academics 2018 and Winner of the Society of Legal Scholars 'Peter Birks' Second Prize for Outstanding Legal Scholarship 2018

'Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.' - Keith Ewing, Professor of Public Law, King's College London

'An important contribution to socio-legal research on care work and labour law.' - Judy Fudge, Professor of Labour Law, University of Kent

'Innovative and meticulous; merits a very wide readership.' - Lizzie Barmes, Professor of Labour Law, Queen Mary University of London

'A really important text which shows, through deep analysis of care workers' stories, how badly undervalued their work is... It offers an excellent analysis.' - Robin Allen QC, Cloisters Chambers

'A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.' - David Brindle, Public Services Editor, The Guardian

'Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.' - Joanne Conaghan, Professor of Law, University of Bristol

Authors and Affiliations

Law and Society Research Fellowship, Cardiff Law School, Cardiff University, Cardiff, United Kingdom

LJB Hayes

About the author

LJB Hayes is a socio-legal researcher and holder of the Law and Society Research Fellowship at Cardiff Law School, Cardiff University, UK. www.stories-of-care.com

Bibliographic Information

Publish with us

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Gender and Class at Work LJB Hayes Law and Society Research Fellowship, Cardiff Law School, Cardiff University, Cardiff, United Kingdom Winner of the Hart SLSA Prize for Early Career Academics 2018 Interdisciplinary outlook geared towards a broad range of academic disciplines A newsworthy topic with coverage of legal and political issues that the general public care about Distinct in its empirical approach, featuring interviews with care workers Table of contents (5 chapters) Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work.

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The role of law in global value chains: a research manifesto 

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The role of law in global value chains: a research manifesto 

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Abstract

This article seeks to establish the importance for both scholars and policymakers of investigating some of the complex ways in which the law shapes and is shaped by GVCs. The research agenda articulated here emerged from a series of ongoing conversations among a group of legal scholars, sociologists and political economists that first met in June 2014 under the auspices of the IGLP at Harvard University. For the most part, legal scholarship has only summarily or incidentally analysed GVCs, and similarly, GVCs scholars outside law have not made law a focal point of their theoretical or empirical analyses. We believe that placing law at the centre of the analysis of what have historically been treated as primarily 'economic structures' will not only enrich our understanding of the shape, nature and dynamic character of GVCs, but will also help to illuminate the complex inter-relationship between law and global political economy more broadly.

We begin with a broad description of the question at the heart of our collective inquiry: how does law shape the structure and organisation of production globally and how is law impacted through this process? To make this meta-question more concrete, we articulate three thematic starting points for exploration of the relationship between law and GVCs: law and the geography of GVCs; law and the production and distribution of value and power in GVCs; and law and the coordination of GVCs (the latter being a process referred to in the GVC literature as 'governance'). We focus our research inquiry into the role of law in global structures of production on GVCs both because of their ubiquity in modern capitalism and the rich variety of extant scholarship (largely outside the field of law) exploring GVCs in a variety of industries and contexts. This combination of factors makes GVCs a rich source for research both empirically and theoretically. In an effort to suggest, albeit in a highly preliminary way, what a legal analysis of GVCs might entail, and what insights this line of inquiry might yield, we include brief descriptions of several ongoing research projects initiated by group members. Our goal is to invite scholars in law and related disciplines to begin to view the study of law and global production as an important and worthy field of research in its own right.

THE CENTRAL RESEARCH QUESTION

We are hardly the first to acknowledge the significance of GVCs as a feature of modern capitalism. Former Director-General of the World Trade Organization (WTO) Pascal Lamy recently observed that GVCs, as the 'face of the modern global economy', are creating a 'new world of trade'. The United Nations Conference on Trade Development (UNCTAD) recently dedicated its annual flagship publication, the World Investment Report, to the topic of GVCs. It includes a definition of GVCs and a quantitative estimate of their importance in the world economy:

Global investment and trade are inextricably intertwined through the international production networks of firms investing in productive assets worldwide and trading inputs and outputs in cross-border value chains of various degrees of complexity. Such value chains (intra-firm or inter-firm, regional or global in nature, and commonly referred to as Global Value Chains or GVCs) shaped by TNCs [transnational corporations] account for some 80% of global trade.

In our view, law is more than an 'external' or contextual factor shaping the strategic decision-making of firms 'inside' GVCs. Rather, we argue that law resides at the heart of the GVC phenomenon-it is the vehicle through which value is generated, captured and distributed within and between organisational and jurisdictional domains, and diverse and geographically disparate business operations are coordinated and governed . This recognition of the significance of law is important for a richer understanding of modern capitalism as well as the formulation and critique of policy programmes and interventions. For example, rather than asking how firms can use law to upgrade a particular chain configuration, we aim instead to understand how the possibilities for upgrading are already structured in and through law-that is, how law constitutes the power relations between actors that give rise to particular forms of governance and engender particular distributive effects. This focus on the role that legal frameworks play at different levels of a particular chain, and on the politico-economic power dynamics that operate behind competing legal norms, can help facilitate a critical assessment of the structural and distributional dimensions of GVCs-and the global economy more broadly-that are often taken for granted or normalised. Such an imaginative legal exercise can then help to elucidate alternative and potentially more progressive sites of intervention by scholars, policymakers and civil society groups.

Our analysis of law and GVCs draws on and aims to contribute to several strands of contemporary legal thought. For instance, Marxist legal scholars have theorised the relationship between capital and law as symbiotic, and the analysis of the constitutive role of law in GVCs provides the opportunity to deepen our understanding of the complex dynamics of this relationship. While systems theory has been used to describe co-evolutionary processes of law and production regimes, and institutional views explore the reciprocal relation between chain structures and regulatory strategies essentially as a matter of choice, the role of law in GVCs foregrounds questions of power and distribution. At the same time, a comprehensive analysis of law in GVCs would harness tools developed by contemporary socio-legal and pluralist inquiries into law. Our investigation of law and global production shares much with legal work that questions the territorial and statist preoccupations of legal regimes, and the separation of economic activity from political contestation. Hence, the tension between a territorial logic of law and the transnational logic of capital as it is expressed in GVCs becomes productive in nature. Theorising the constitutive role of the present legal landscape in the proliferation of GVCs thus immediately invites reflections on the adequacy of this legal paradigm, both at the conceptual level and at the level of legal reform. It is in this sense that GVCs appear as a salient and highly topical field of research for contemporary critical legal scholarship.

DEVELOPING A CRITICAL LEGAL APPROACH TO GLOBAL VALUE CHAINS: INITIAL RESEARCH PROJECTS

To study the extent and implications of the mutual dependence and co-evolution of law and GVCs, members of the Law and Global Production Working Group have initiated projects that illuminate some of the ways in which our research questions and methods can be pursued. These projects cluster along three broad themes: the legal geography of GVCs; the relation between law, value and bargaining power in GVCs; and the role of law in GVC governance. In the remainder of this manifesto, we provide an overview of these overarching themes using examples from group members' projects where appropriate to suggest how these themes might begin to be productively explored.

Legal geography of GVCs

The creation and operation of GVCs involve immense complexity in terms of the legal norms, tools and institutions involved. This complexity is multi-layered, and has both organisational and geographic dimensions. Accordingly, it will be crucial to develop techniques to study these phenomena in ways that illustrate the particularity of diverse legal and GVC structures, while remaining cognisant of the broader complexity of the contexts in which these structures operate. For this reason, we focus here on mapping the legal geography of GVCs as a vital subfield in our broader research field of law and global structures of production.

It is by mapping the legal geography of GVCs that we can show what the traditional division of law into discrete subfields misses or conceals, and how domestic and international hard and soft law and private ordering mechanisms intermingle in ways that challenge efforts to maintain clear distinctions between them. At the same time, mapping can help to make visible the constitutive role of law to non-legal scholars.

This radically simplified example becomes all the more complex when we consider that diverse forms of productive activity will involve multiple kinds of law, and different business actors pursuing the same business activity may make different choices based on their assessment of the legal and economic terrain with which they seek to engage and the distributive effects they seek to achieve. Such choices will have significant impact on firms' bargaining power, for example, and exposure to commercial risk.

Law, value and power

A second theme that merits serious scholarly attention is the role of law in the creation, recognition and distribution of value among actors in GVCs, as well as the relationship between legal entitlements and bargaining power in chain structures. In particular, we believe a focus on the constitutive role of law in the production process and in the economy poses serious challenges for notions of 'value' and 'value-added' commonly held by scholars of GVCs.

While, at an intuitive level, value-added through upgrading in GVCs may seem a straightforward proposition, researchers face multiple practical and conceptual difficulties in accessing, systematising and measuring relevant data on value and value-adding processes. Some development scholars have questioned the implications of firm-level upgrading for workers or its consequences more broadly for the processes of productivity growth and (human) capital formation traditionally associated with macro-level development. Recent work has even tried to expand the concept of firm-level upgrading, beyond a narrow focus on value-added, to incorporate a 'social upgrading' dimension that addresses the quantity and quality of employment generated at particular links in a value chain. These efforts reveal underlying tensions around this notion of value and the application of GVC thinking in its pursuit. Yet, these tensions have not, thus far, led to a conceptual reassessment among most GVC scholars of 'value' and 'value-added'.

To be clear, we see the relationship between law and value as more than a matter of how value is distributed . Our research agenda calls for opening the 'black box' of value-added in order to interrogate, more precisely, what role the law might play in the production of value. As a group we acknowledge-but do not claim to resolve-the theoretical tensions among us and the orthodox approach to GVCs with regard to the question of value. Such tensions, for instance, reside ineluctably at the interface between the Marxian theory of value, Schumpeterian conception of rents and Hale-ian analysis of coercion and bargaining power. We recognise this tension because we have found it a source of intellectual energy that enriches understanding and that is preferable to neat formulations that gloss over internal theoretical inconsistencies.

Despite these theoretical tensions, it is a shared interest in how power-laden social relations construct systems of production, exchange and distribution that has allowed the legal scholars among us to talk so effectively with the political economists and sociologists. More specifically, we share a common interest in the following kinds of questions: What role does law play in creating barriers to entry at particular links in the chain, and thus in creating and protecting rents? How do legal dynamics with regard to the appropriation of rent influence how chains are organised, including their geographic configuration? Since legal entitlements shape the relative bargaining power of actors to extract concessions from each other, in what way do changes in legal entitlements affect the distribution of bargaining power and hence the distribution of resources? What tools (legal and otherwise) enable which actors to define what constitutes value and/or reshape the conditions under which it is generated and distributed?

Issues of legal entitlements and their role in the creation and distribution of value pervade GVCs, including tax law, IP law, labour law and the plethora of legal structures that have enabled financialisation. For example, the ubiquitous practice of tax structuring for the purpose of maximising post-tax profitability brings into stark relief how the existence, recognition and location of value may be as much a function of legal rules as production processes. Or as an example from intellectual property law reveals, under the global patent regime established by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), multinational pharmaceutical companies have been able to maintain higher prices globally for their patented drugs than under the previous nationally divergent patent regimes that allowed India, Brazil, Egypt and other nations to develop competing drugs based on identical pharmaceutical compounds. While one might debate the economic or moral justifications for this change in global patent regulation, its impact on the legal distribution of value among pharmaceutical producers and nations around the world is indisputable.

In sum, the ways in which law creates and distributes value and bargaining power are numerous and pervasive. We have found a focus on these dynamics in GVCs to be particularly fruitful both for enhancing our understanding of the background legal norms that are shaping the relative bargaining positions of actors in the global economy, as well as of the relative ability of such actors to participate in chain structures or to capture an equitable share of chain surplus. This strand of law and GVC research also seems important in helping to identify which legal and policy tools might be most useful to shift power and resources more equitably across chains.

Law and GVC governance

Gary Gereffi's original formulation of governance in what were then called commodity chains identified both a 'producer-driven' logic and a 'buyer-driven' logic. The criterion for differentiating between buyer- and producer-driven chains was who had the power to control the organisation of activities and the distribution of value along the chain: manufacturers (i.e., those who make) or retailers (i.e., those who buy). Subsequent literature shifted towards a concern with how governance was exercised and why it takes the form that it does. At a general level, then, the primary focus of governance within the GVC literature has been elaborating typologies of, and developing explanations for, the ways in which coordination is achieved in geographically dispersed and organisationally fragmented production networks.

While the insights of GVC scholars on lead firms and their role in chain governance tell us much, we are only at the beginning of understanding law's role in GVC governance. More research is needed in order to better understand the circumstances under which firms assume chain coordinating functions, and in particular, about the tools (legal or otherwise) at their disposal for carrying out those functions. This is because, although the assumption of coordinating functions may be motivated by technical or managerial imperatives or pressure from competitors or consumers, not surprisingly, it may also result from legal regulation or arbitrage. A research focus on law and the distribution of power among chain actors is important not only with regard to developing a richer analysis of the mechanisms through which value is created and rent captured, but also for the purpose of elaborating the means through which chain activities are, or could be, coordinated and controlled.

Several projects have been initiated by members of our group around the theme of law and governance . In one, Jennifer Bair, Jason Jackson and Brishen Rogers trace the emergence of a new form of labour regulation that they identify as ' supply chain liability '. Prior private regulatory efforts such as transnational tort litigation and unilateral codes of conduct laid the groundwork for such new legal regimes, but states have begun to push beyond the limitations of norm-based governance. For example, Israel, the Netherlands and various states within the US have begun to hold domestic firms jointly liable for their overseas contractors' and suppliers' labour law violations. While those laws are embedded in national legal systems, and accordingly vary in many ways, they share a common core: they establish a duty of care rooted in tort doctrines requiring party A to prevent party B from causing harms to party C. Bair, Jackson and Rogers examine the degree to which the legal logics underlying this emergent regulatory form rest on claims about the nature of lead firm governance in specific GVCs and its effects. Specifically, they suggest three dimensions which they believe will prove critical for developing the jurisprudence of supply chain liability: the specific labour practices for which lead firms should be responsible; what standards of liability should apply so as to differentiate firms based upon their capacity to ensure decent work and whether those standards should vary based upon the geographic location of production work; and provisions for private or public enforcement, whether in domestic or new transnational tribunals.

Additional projects by Dez Farkas and Jaakko Salminen explore the theme of law and governance through contract. Farkas's project draws on examples from the recent financial crisis and the electronics sector and uses recent developments in corporate governance to interrogate the structural and distributional dimensions of GVCs and their underlying assumptions of value. His project pays particular attention to how complex inter-firm relations, often linked by contract alone, can undermine efforts to hold domestic firms liable for violations by the foreign affiliates over whom they exercise governance, and explores the legal mechanisms that enable internal firm governance to influence other value chain actors.

Salminen's work involves bringing together research in GVC governance with research into the legal mechanisms used for governing complex contractual structures. Turning towards comparative law, this project aims to elaborate a transnational discourse on law and value chain governance that transcends different national conceptualisations of contract, tort and other relevant legal relationships.

From here we can see that law is not, or not only, an exogenous factor that firms confront in making decisions about where and how to do business, nor can it be reduced to an external force that 'guides', 'drives', 'pulls' and 'pushes' the value chain. This is because, while the legal environment undoubtedly shapes firm-level decisions, the large corporations that coordinate many of the most expansive and consequential GVCs are not simply 'context-takers'. They also help to produce the rules that govern their operations through, among other things, the pursuit of their business objectives.

In his work on transnational corporations, Dan Danielsen has sought to catalogue some of the ways in which corporate actors create and shape local, national, regional and transnational legal regimes. He states:

Sometimes [corporations] contribute through interpretations of or reactions to a legal rules scheme. Sometimes they supply rules where none exist. Sometimes they shape a rule scheme through direct political or economic pressure on regulators. Sometimes they shape it by evading the rule scheme and doing business elsewhere. Sometimes to satisfy other business purposes they adopt more stringent practices than the applicable rules require. Sometimes they act on their own to get a market edge or exploit an opportunity. Sometimes they act in groups to create a harmonized regulatory environment or to prevent regulation. These diverse forms of corporate actions and decisions are related to the applicable legal rules and the acts and decisions of regulators, but are not wholly determined by them. When corporations create or shape the content, interpretation, efficacy, or enforcement of legal regimes, and, in so doing, produce effects on social welfare similar to the effects resulting from rulemaking and enforcement by governments, corporate actors are engaged in governance.

Deborah McBarnet has argued that the work of lobbyists, lawyers, accountants and strategists is a fundamental component of GVCs. This work, which she calls 'transnational legal work', is

not just about playing with the different laws of different jurisdictions, finding tax-or regulatory-havens, set up precisely for that purpose. It is about playing with law per se, even within one jurisdiction. It is about constructing 'creative compliance', finding legal forms which fall outside disadvantageous or inside advantageous legal categories. ... It is about concocting legal forms as yet undreamt of by legislators and regulators.

From this perspective, law not only acts upon firms, delimiting or regulating their global activities; it is also a resource that corporate actors mobilise and innovate to produce certain value chain configurations and effects as well as a product of the organisational and business choices undertaken by chain actors in and through chain activities.

Our research agenda on the theme of chain governance, then, not only calls for additional consideration of how states, directly and indirectly, shape value chains specifically by and through law, but also how firms and chains shape law and sovereignty. Perhaps more than any other, this conundrum crystallises the central problem orienting our project: how to better understand the productive tension between the territorial organisation of law and the jurisdictional boundaries that demarcate distinct legal regimes on the one hand, and the global logic of value chains that operate across, but also through, these regimes, transforming them in the process, on the other.

CONCLUSION

By now it should be clear that our research ambition extends well beyond exploring the impact of GVCs on legal scholarship or of law on GVCs. Rather, we aim for nothing less than a legal ontology of the GVC, which under conditions of contemporary capitalism, should take us some distance towards a richer theoretical and empirical understanding of the global economy tout court . Doubtless, bringing law into the centre of GVC analysis will add substantial complexity to a field already rife with complexity. Yet, as we hope we have demonstrated, the continued relegation of law to 'exogeneity' or 'context' misses a great deal of the constitutive role of law in the structure, geography and function of GVCs; the creation, recognition and distribution of value in GVCs; and the mechanisms through which GVCs are coordinated and controlled. In other words, simplifying law out of the GVC story leaves many of the core explanatory aspirations of the traditional GVC analytic unmet. Through this intervention, and our future work, we hope to begin to address this gap.

In laying out this research agenda, then, we approach GVCs as the terrain from which we can construct (hopefully) more useful maps of a rapidly changing and complicated global political economy, yielding a deeper understanding of the relationship between law, value and power and the global political economy more generally. At the same time, we acknowledge that people (including us) generally make maps with a particular destination in mind if not in view. Thus, even as we pursue our individual and collective projects of value chain mapping, we aim to highlight the necessarily political or normative implications of our renderings-an aspiration we hope our attention to law, value and power will help us to keep squarely in view.

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The role of law in global value chains: a research manifesto

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Abstract. Most scholars attribute the development and ubiquity of global value chains to economic forces, treating law as an exogenous factor, if at all. B

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. We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. "Neoliberal" premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neutrality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the "Twentieth-Century Synthesis": a pervasive view of law that encases "the market" from claims of justice and conceals it from analyses of power.

This Feature offers a framework for identifying and critiquing the Twentieth-Century Synthesis. This is also a framework for a new "law-and-political-economy approach" to legal scholarship. We hope to help amplify and catalyze scholarship and pedagogy that place themes of power, equality, and democracy at the center of legal scholarship.

author. The authors are, respectively, William S. Beinecke Professor of Law at Columbia Law School; Professor of Law at Berkeley Law School; Professor of Law at Yale Law School; and Associate Professor of Law at Brooklyn Law School and President, Demos. They are cofounders of the Law & Political Economy Project. The authors thank Anne Alstott, Jack Balkin, Jessica Bulman-Pozen, Corinne Blalock, Angela Harris, Luke Herrine, Doug Kysar, Zach Liscow, Daniel Markovits, Bill Novak, Frank Pasquale, Robert Post, David Pozen, Aziz Rana, Kate Redburn, Reva Siegel, Talha Syed, John Witt, and the participants of the January 2019 Law and Political Economy Workshop at Yale Law School for their comments on drafts at many stages of the project.

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Jedediah Britton-Purdy, David Singh Grewal, Amy Kapczynski & K. Sabeel Rahman

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Current crises of economic inequality and eroding democracy require us to move beyond legal orientations that prioritize efficiency, neutrality, and apolitical governance. This Feature suggests new orientations and questions for scholarship on "law and political economy" that instead foreground realities of power, aspire toward equality, and are committed to democracy.

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LAW AND POLITICAL ECONOMY: TOWARD A MANIFESTO

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LAW AND POLITICAL ECONOMY: TOWARD A MANIFESTO

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This is a time of crises. Inequality is accelerating, with gains concentrated at the top of the income and wealth distributions. This trend - interacting with deep racialized and gendered injustice - has had profound implications for our politics, and for the sense of agency, opportunity, and security of all but the narrowest sliver of the global elite. Technology has intensified the sense that we are both interconnected and divided, controlled and out of control. New ecological disasters unfold each day. The future of our planet is at stake: we are all at risk, yet unequally so. The rise of right-wing movements and autocrats around the world is threatening democratic institutions and political commitments to equality and openness. But new movements on the left are also emerging. They are challenging economic inequality, eroded democracy, the carceral state, and racism, sexism, and other forms of discrimination with a force that was unthinkable just a few years ago.

Law is central to how these crises were created, and will be central to any reckoning with them. Law conditions race and wealth, social reproduction and environmental destruction. Law also conditions the political order through which we must respond.

How should legal scholars and lawyers respond to this moment? We propose a new departure - a new orientation to legal scholarship that helps illuminate how law and legal scholarship facilitated these shifts, and formulates insights and proposals to help combat them. A new approach of this sort is, we believe, in fact emerging: a coalescing movement of "law and political economy."

The approach we call law and political economy is rooted in a commitment to a more egalitarian and democratic society. Scholars working in this vein are seeking to reconnect political conversations about the economic order with questions of dignity, belonging, or "recognition" and to challenge versions of "freedom" or "rights" that ignore or downplay social and economic power.

We pursue these egalitarian and democratic commitments through a set of theoretical premises. Politics and the economy cannot be separated. Politics both creates and shapes the economy. In turn, politics is profoundly shaped by economic relations and economic power. Attempts to separate the economy from politics make justice harder to pursue in both domains. As recent events illustrate, market society generates political conflict - conflict that is profoundly racialized and gendered. A politics that can engage this conflict must be attentive to the interplay between the ways the state creates "the market" and the ways market power feeds back into the politics, and between the hierarchies and humiliations of "private" life and the appeal of reactionary political visions.

Law gives shape to the relations between politics and the economy at every point. It is the mediating institution that ties together politics and economics. Though legal realists and more recent critical scholars of law recognized this long ago, their insights must be revived, and given new meaning in the face of the recent history of legal scholarship.

Much of legal scholarship and practice in recent decades has held politics and economics apart, abstracting away from, or actively denying, their interdependence.

Law schools and legal scholarship are divided along an implicit divide between "public" and "private" fields of law, which is constructed in significant part by the role that economics is thought to play in these respective fields. Many fields are thought of as being "about the economy" - contracts, torts, anti-trust, intellectual property, trade, consumer protection are examples. For the past several decades, scholarship in these fields has been dominated by law and economics approaches that have downplayed considerations of distribution and elevated questions of efficiency. This approach treats efficiency as a "neutral" value, yet construes the term in a manner that reproduces a constitutive priority for the privileged.

Public-law scholarship, in turn, has tended to make questions of economy foreign. To learn and practice constitutional law today, for example, is often to assert that constitutional values have no purchase on questions of economy or class: these, after all, are the received lessons of Lochner and Carolene Products , of San Antonio and McRae More generally, scholars in these public-law fields rarely devote themselves to the normative question of what kind of economic order might be necessary to make democracy real and vindicate constitutional principles such as equality.

This artificial division between the economy and politics has worked its way into law, in part through legal scholarship and law school pedagogy. But a new body of scholarship is emerging to challenge these divisions and their conceptual foundations across a wide variety of legal fields. In fields such as constitutional law that have made questions of economy foreign, political economy work characteristically seeks to excavate the implications of inequality for the political order. In fields thought of as responding to efficiency, political economy characteristically seeks to articulate the political foundations and implications of existing rules, and of the efficiency approach itself .

Law and political economy scholars are joined, too, by a shared set of questions. How does law create and reproduce global capitalism ? How does law make for specific patterns of capital mobility, labor "flexibility" within countries and regions but immobility across borders, and distributions of wealth and income within and across countries? How do global markets and national states interact with gender roles and hierarchies and with racialized division and subordination - producing them, relying on them, complicating or reshaping them? What capacity do social movements and national, local, and transnational institutions have to make these arrangements democratically answerable, to turn the shape of common life into something collectively intended rather than an unequal and unaccountable form of fate? To give life to principles such as equality, democracy, and liberty - principles that are indispensable but often both underdetermined and betrayed in practice - what do we have to demand of economic as well as political life, social as well as economic existence? How does law work to give these liberating demands power, or to disable them? How do the political and constitutional forms of "public law" make, or baffle, a "we" that can pursue equality and democracy at all?

We hope to contribute to this reorientation, and help to consolidate it, through this blog. Our project is hopeful in spirit. Rigorous criticism is the precondition of viable hope. To think realistically about the ways that another world is possible, we have to understand the ways that our own has been made, with all of its hierarchies and harms, and to see how the same tools that made it might remake it differently. The point is to understand the world in order to change it, which begins by making it less resistant to both change and understanding.

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Law and Political Economy: Toward a Manifesto

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This is a time of crises. Inequality is accelerating, with gains concentrated at the top of the income and wealth distributions. This trend - interacting with deep racialized and gendered injustice...

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Ideas iniciales de la estructura del artículo

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Ideas iniciales de la estructura del artículo

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Curso: Capitalismo verde y otros mundos posibles

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Curso: Capitalismo verde y otros mundos posibles

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Las demás sesiones en: https://www.youtube.com/watch?v=nDgKf4MkWPQ&list=PLyLiA73ZIAkaAEUjE17m1XhrZcW7K2nBR&ab_channel=AulaVirtualFundaci%C3%B3ndelosComunes

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1ª Sesión - Curso Capitalismo verde y otros mundos posibles.

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Renewables but unjust? Critical restoration geography as a framework for addressing global renewable energy injustice.

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Renewables but unjust? Critical restoration geography as a framework for addressing global renewable energy injustice.

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The renewables pull effect: How regional differences in renewable energy costs could influence where industrial production is located in the future

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The renewables pull effect: How regional differences in renewable energy costs could influence where industrial production is located in the future

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Sofia Avila, Yannick Deniau, Alevgul H Sorman, James McCarthy

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(Counter)mapping renewables: Space, justice, and politics of wind and solar power in Mexico - Sofia Avila, Yannick Deniau, Alevgul H Sorman, James McCarthy, 2022

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The ongoing expansion of renewable energies entails major spatial reconfigurations with social, environmental, and political dimensions. These emerging geograph…

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(Counter)mapping renewables: Space, justice, and politics of wind and solar power in Mexico

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(Counter)mapping renewables: Space, justice, and politics of wind and solar power in Mexico

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Amazonía, entre la deuda, la crisis climática y el extractivismo

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Amazonía, entre la deuda, la crisis climática y el extractivismo

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Amazonía, entre la deuda, la crisis climática y el extractivismo

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¿Qué problemas en común enfrentan todos los países que comparten el territorio de la Amazonía? ¿Es posible pensar en una estrategia común y que deje de lado las fronteras geopolíticas? ¿Qué necesita la Amazonía para superar estas amenazas a su preservación?

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Daños y pérdidas derivados del cambio Climático en Comunidades rurales de Honduras y Colombia

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Daños y pérdidas derivados del cambio Climático en Comunidades rurales de Honduras y Colombia

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Daños y pérdidas derivados del cambio Climático en Comunidades rurales de Honduras y Colombia

Ubicación

El Jardín, Edificio ACEPESA,

San José, Costa Rica

Horario

Lunes - Viernes

9am - 4pm

Contacto

info@larutadelclima.org

+506 71341453

Todos los derechos reservados ©

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Daños y pérdidas derivados del cambio Climático en Comunidades rurales de Honduras y Colombia

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Las historias de las comunidades rurales narradas en este documento son el resultado de un proceso de investigación climática, social y participativa, con

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The Global Disappearance of Decent Work? Precarity, Exploitation, and Work‐Based Harms in the Neoliberal Era

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The Global Disappearance of Decent Work? Precarity, Exploitation, and Work‐Based Harms in the Neoliberal Era

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Exploitation, and Work‐Based Harms in the Neoliberal Era

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SI 12 - The Global Disappearance of Decent Work_ Precarity, Exploitation, and Work-Based Harms in the Neoliberal Era.pdf

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Faces of Precarity: Critical Perspectives on Work, Subjectivities and Struggles

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Faces of Precarity: Critical Perspectives on Work, Subjectivities and Struggles

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Critical Perspectives on Work, Subjectivities and Struggles

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Joseph Choonara , Annalisa Murgia, Renato Miguel Carmo - Faces of Precarity_ Critical Perspectives on Work, Subjectivities and Struggles-Bristol University Press (2022)

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Positioning precarity: The contingent nature of precarious work in structure and practice

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Positioning precarity: The contingent nature of precarious work in structure and practice

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British Journal of Sociology - 2024 - Jankowski - Positioning precarity  The contingent nature of precarious work in