bluuebunny/crossref_metadata_2025 huggingface dataset:
THE ‘PROVISIONAL APPLICATION’ OF THE ENERGY CHARTER TREATY
Authors: Hafner Gerhard
Published: September 2009

In the course of recent arbitration cases such as Ioannis Kardassopoulos v Georgia, Petrobart Limited v The Kyrgyz Republic, Plama Consortium Limited v Republic of Bulgaria, as well as three arbitrations under the Energy Charter Treaty which have been brought by certain corporate entities (Hulley Enterprises Ltd, Yukos Universal Ltd, and Veteran Petroleum Ltd) against the Russian Federation, questions have been raised as to the provisional application of the Energy Charter Treaty (ECT). This chapter scrutinizes this kind of application of the ECT. In recent times, the European Union has rather frequently resorted to this procedure, in particular as far as mixed agreements are concerned, since their entry into force requires the ratification of all Member States of the European Union and the increasing number of Member States delays the entry into force considerably.
THE ECONOMIC EMERGENCY DEFENCE IN BILATERAL INVESTMENT TREATIES: A DEVELOPMENT PERSPECTIVE
Authors: Qureshi Asif H.
Published: September 2009

The existence of a national security escape clause in bilateral investment treaties (BITs) has given rise in investment arbitration to a number of concerns in terms of its scope, process of review, and interpretation. It is settled now that the provision of ‘national security’ now encompasses ‘severe economic crises’. This chapter considers three general points from a development perspective, namely: the objective review of the economic emergency security defence in BITs; the interpretative approach to the economic emergency security defence in BITs; the processes involved in the interpretation of the economic emergency security defence in BITs.
RECENT CASE LAW ON THE PROTECTION OF PROPERTY IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Authors: Wildhaber Luzius , Wildhaber Isabelle
Published: September 2009

The guarantee of the protection of property, contained in Article 1 of Additional Protocol No. 1, has become — after Article 6 ECHR — the second most frequently invoked guarantee of the Convention. This chapter first begins by presenting the jurisprudence describing the Convention notion of protection of property generally. It then discusses illustrative case law concerning the concept of ‘legitimate expectations’, social security claims, and the way some well-known recent judgments approach the interpretation of Article 1 of Protocol No. 1. It selects four categories of very recent cases and discusses them. The discussion demonstrates that the Strasbourg Court has encountered exaggerated formalism, chicanery, tricks, or plainly arbitrary acts by State authorities.
HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY
Authors: Simma Bruno , Kill Theodore
Published: September 2009

Under customary principles of treaty interpretation, tribunals routinely resort to rules of international law whose normative validity is grounded in a source outside of the treaty that is the subject of interpretation. Rules fitting this description are referred to as ‘external rules’ in relation to the treaty being interpreted. This chapter explores the possibility that investment tribunals may take international human rights law into account as such external rules when interpreting the treaties upon which investor claims are based. Section B discusses the practice of the International Court of Justice (ICJ) in looking to external rules of international law as interpretative aids. Section C examines Article 31, paragraph 3, sub-paragraph c (Article 31(3)(c)) of the 1969 Vienna Convention on the Law of Treaties. Section D briefly sets out the ways in which international human rights law can inform the interpretation of BITs, based on our analysis of ICJ case law and Article 31(3)(c).
CONTINUITY AND DISCONTINUITY IN INTERNATIONAL DISPUTE SETTLEMENT
Authors: Crawford James
Published: September 2009

This chapter argues that the ‘brave new world’ of international dispute settlement turns out to have a great deal of the old world in it too. International law expands through processes of accumulation and accretion rather than of displacement, as domestic legal systems commonly develop. It is not infrequent that States are bound by multiple obligations contained in coexisting international instruments, so that the same conduct of a State may be susceptible of breaching more than one obligation at a time. Multiple obligations regulating the same conduct are perfectly capable of coexistence, with displacement occurring in cases of inconsistency, displacement which will be governed by the principles of lex specialis and lex posterior. Equally, States may be subjected, at the same time, to multiple dispute settlement mechanisms with respect to the same conduct, all of which are susceptible of coexistence lacking any manifest inconsistency. There is a real conflict in the context of different tribunals acting consistently with one another and maintaining the fabric of the law, a problem which is arising with increasing frequency.
PRECEDENT IN INVESTMENT TREATY ARBITRATION
Authors: Sureda Andrés Rigo
Published: September 2009

This chapter reviews how arbitral tribunals have dealt with precedent, in particular how they have weighed its relevance, and the role of values and doctrine in shaping precedent. It argues that to the extent that tribunals apply international law, judicial decisions are at least evidence of what the law is. When tribunals elaborate their reasons for finding support in a particular precedent or explaining why it is not relevant to the issues under consideration, this contributes to the certainty of the law and its development. In this respect, precedents ignored or accepted without reasoning are missed opportunities.
THE SAGA OF CMS:RES JUDICATA,PRECEDENT, AND THE LEGITIMACY OF ICSID ARBITRATION
Authors: Brower Charles N. , Ottolenghi Michael , Prows Peter
Published: September 2009

The spate of recent investment arbitration cases against repeat-respondent States, as well as the increasingly strident legal and political pushback these cases have begun to engender, call into question in various ways whether ICSID arbitration will continue to be a useful and legitimate forum for resolving international disputes. This chapter evaluates the continued viability of ICSID arbitration in light of these developments. Section A describes the relative legal finality and binding nature of ICSID awards as compared to other forms of adjudicating international disputes and observes that an individual ICSID award entails one of the legally most final and binding dispositions in international law, subject only to a few narrow ‘remedies’ against an award (the most notable being annulment). Section B describes that there is no formal general doctrine of binding precedent or stare decisis in ICSID arbitration and thus how an ICSID award, final and binding though it may be for an individual case, does not bind subsequent tribunals faced with the same or similar issues. Finally, it discusses the recent decision by the ad hoc (annulment) committee in CMS Gas Transmission Co v Argentine Republic, which shows that the ICSID system not only maintains the finality of individual awards, but also provides an opportunity for such a committee at least to comment on the reviewed tribunal's application of the law in a particular case and thus contribute to the corpus of international investment law.
COMPLIANCE WITH INVESTMENT TREATIES: WHEN ARE STATES MORE LIKELY TO BREACH OR COMPLY WITH INVESTMENT TREATIES?
Authors: Hirsch Moshe
Published: September 2009

The ongoing increase in investment treaties raises more questions regarding compliance with their provisions. This chapter discusses the major international relations approaches to this important question (the realist approach, the liberal perspective, and the constructivist approach). Each theoretical perspective presents a different conception of international investment law, and a different set of factors for analysing the prospects of compliance with or violation of international investment treaties.
HUMAN RIGHTS, CONSTITUTIONALISM, AND ‘PUBLIC REASON’ IN INVESTOR-STATE ARBITRATION
Authors: Petersmann Ernst-Ulrich
Published: September 2009

This chapter uses the example of investor–State arbitration concerning private water services in a brief discussion of the applicable law, and the role of the judge in the settlement of international investment disputes involving human rights. It argues that the independence and impartiality of ‘public law judges’ require them to interpret investment law in conformity with the human rights obligations of the States concerned and to justify their judgments by ‘inclusive public reason’, taking into account all interests affected by the dispute.
THE FUTURE OF INVESTMENT ARBITRATION
Authors: Reinisch August
Published: September 2009

This chapter reflects on the current state and possible future of investment arbitration in international economic law. It begins by analyzing why this system is so appealing and so widely accepted. It then considers the developments that may threaten the integrity of the investment arbitration process and ultimately lead to a loss of confidence by the users of this system, that is, investors and States. Only after such a critical examination will it be possible to make an informed judgement on the future of investment arbitration. The chapter addresses the damaging potential of inconsistent case law and poorly reasoned opinions in order to assess the requirements of a dispute settlement system which retains acceptance through predictability and fairness.
The English Parliaments of Henry VII 1485-1504
Authors: Cavill P. R.
Published: September 2009

This study offers a major reinterpretation of early Tudor constitutional history. According to the grand ‘Whig’ tradition, the parliaments of Henry VII were a disappointing retreat from the onward march of liberty towards parliamentary democracy. The king was at best indifferent and at worst hostile to parliament; its meetings were cowed and quiescent, subservient to the royal will. Yet little research has tested these assumptions. Drawing on extensive archival research, this study challenges existing accounts and revises our understanding of the period. Neither to the king nor to his subjects did parliament appear to be a waning institution, fading before the waxing power of the crown. For a ruler in Henry's vulnerable position, parliament helped to restore royal authority by securing the good governance that legitimated his regime. For his subjects, parliament served as a medium through which to communicate with the government and to shape—and, on occasion, criticize—its policies. Because of the demands parliament made, its impact was felt throughout the kingdom, among ordinary people as well as among the elite. Cooperation between subjects and the crown, rather than conflict, characterized these parliaments. While for many scholars parliament did not truly come of age until the 1530s, when—freed from its medieval shackles—the modern institution came to embody the sovereign nation state, in this study Henry's reign emerges as a constitutionally innovative period. Ideas of parliamentary sovereignty were already beginning to be articulated. It was here that the foundations of the ‘Tudor revolution in government’ were being laid.
Legitimation
Authors: Cavill P. R.
Published: September 2009

Part I is concerned with the king and his regime. Chapter 1 examines parliament as a political event, summoned by the crown to communicate royal policies and to foster loyalty to the regime. It discusses parliament first as a venue for the public performance of government: ceremonies that took place during sessions are analysed; the king's duty of consultation is explored. Next it discusses parliament's role in addressing the problem of royal insecurity. Particular attention is paid to the legitimation of the royal title and to the consolidation of the succession. The punishment of disloyalty through acts of attainder is then discussed. The reaction in parliament to acts of attainder is considered, as is the reversal of such acts in subsequent sessions.
Income
Authors: Cavill P. R.
Published: September 2009

Chapter 2 examines parliament in the context of crown finances. It distinguishes between the crown's ordinary income and its extraordinary income, granted by a parliament for a particular purpose. It discusses crown lands first in the light of acts of resumption. It considers customs levies authorized in Henry's first parliament, are discussed. Efforts to improve income from this source by raising customs rates and reducing customs evasion. Extraordinary grants of taxation, made in later parliaments, are then discussed. Particular attention is paid to the evolution of the lay subsidy through the crown's attempts to revise the terms of fifteenths and tenths. The opposition these reforms provoked in parliament is examined.
Representation
Authors: Cavill P. R.
Published: September 2009

Part II examines parliament from the subjects' perspective. Chapter 4 addresses representation in parliament by studying the composition and membership of the two houses. It discusses the Lords first, and using the nature of the parliamentary peerage, the issuing of writs of summons, the attendance record of individual lords, and the presence of law officers. Turning to the Commons, it discusses the conduct of elections in constituencies examining.the extent of the parliamentary franchise, the nature of contested elections, and the character of external interventions. Then the members of parliament are discussed. The careers of the men sitting in the Commons, their various reasons for serving, and their relationships with those whom they were representing are explored. MPs' activities at parliament are also touched on. In conclusion, the chapter considers the representativeness of the institution.
Law‐Making
Authors: Cavill P. R.
Published: September 2009

Chapter 5 analyses the development of new laws and their passage through parliament. It first discusses bicameralism, bill procedure, in turn addressing the drafting of proposals, the introducing of measures into one house, the adopting of measures by the other house, the making of amendments, the adding of provisos, and the giving of the royal assent. Next it explores lobbying, and the means by which petitioners persuaded royal councillors and others sitting in parliament to support proposals. Then the types of laws that were enacted are discussed. The distinction between public legislation and private legislation is analysed. The identities of individuals and interest groups putting forward legislation and their reasons for so doing are examined.
The Illusion of Decline
Authors: Cavill P. R.
Published: September 2009

Part III explores the effect of the new monarchy on parliament's standing as an institution. Chapter 7 debates the character of Henry VII's relationship with parliament. It first discusses why the king summoned only one parliament in the last twelve years of his reign. Attitudes towards the frequency of parliaments are considered. Next it discusses the implications for parliament of the crown's efforts to improve its ordinary income. The revival of feudalism and the reassertion of the royal prerogative are considered. Particular attention is paid to the crown's request for a feudal aid in 1504. Then it discusses perceived parallels between the English parliament and representative assemblies in other European states at this time. Particular attention is paid to the estates general of France and to the Scottish parliament.
The Evolution of Parliament
Authors: Cavill P. R.
Published: September 2009

Chapter 8 locates the institution in Henry VII's reign within a broader account of the evolution of parliament. It first discusses the emergence of a parliamentary trinity, and examines procedural developments in the drafting of proposals, in the amendment of bills and petitions, and in the royal assent. Next it considers parliament's relationship with other branches of government. Parliament's status as a high court is addressed. The appropriateness of the distinction between a legislature and a judicature is considered. Then some of the possible implications for the polity of these developments are discussed. The chapter examines the significance of this period for the idea of the parliamentary supremacy and for the break with Rome, land it touches on. The ambiguous implications of developments in the early Tudor period for theories of sovereignty.
Sasang Constitution as a Risk Factor for Diabetes Mellitus: A Cross‐Sectional Study
Authors: Lee Tae-Gyu , Koh Byunghee , Lee Sookyung
Published: September 2009

Sasang Constitutional Medicine, which is a branch of traditional Korean medicine, states that medications for diabetes should be individualized according to the patient′s individual constitution. However, the effect of constitution on diabetes has not been evaluated to date. Therefore, this study was conducted to determine if constitution is an independent risk factor for diabetes by comparing the prevalence and odds ratios (ORs) of the disease according to constitution. The medical records of 1443 adults who had been examined and classified based on their constitution at Kyung Hee University Hospital in Seoul, Korea were reviewed. A chi‐squared test and Fisher′s exact test were used to compare the prevalence of diabetes according to constitution, and multiple logistic regression was used to calculate the ORs for diabetes. The prevalence of diabetes differed significantly according to constitution (Χ2 = 36.20, df = 2, P < 0.001). Specifically, the prevalence of the disease was higher in Tae‐eumin (11.4%) individuals than in Soyangin (5.0%) or Soeumin (1.7%) individuals. In addition, multiple logistic regression revealed that Tae‐eumin individuals had a greater risk for diabetes than Soeumin individuals. When compared to Soeumin individuals, the adjusted ORs were 2.01 (95% CI 0.77–5.26) for Soyangin individuals and 3.96 (95% CI 1.48–10.60) for Tae‐eumin individuals. These results show that constitution has a significant and independent association with diabetes, which suggests that constitution is an independent risk factor for diabetes that should be considered when attempting to detect and prevent the disease.
Genetic Approach to Elucidation of Sasang Constitutional Medicine
Authors: Kim Bu-Yeo , Cha Seongwon , Jin Hee-Jeong , Jeong Sangkyun
Published: September 2009

Sasang Constitutional Medicine (SCM) offers a medical principle that classifies humans into four constitution groups and guides their treatment with constitution‐matched medical assistance. The principle of this traditional medicine, although requires significant scientific support, appears to suggest a genetic influence on constitution type. The relative frequency of constitution types in a population, for instance, has remained relatively constant since Jema Lee first described them from his observations. In addition, the body compartment concept of SCM appears to be related to the anterio–posterior patterning of the embryonic gut and associated internal organs. This study describes the attributes of the constitution concept of SCM that can be interpreted in the language of genetics and current approaches to identity the genetic factors that make up the constitution. These efforts should make it possible to interpret the principle of this traditional medicine scientifically. Considering the recent trend in medicine that pursues individualized or tailored medical offerings, once SCM is proven to be explainable with scientific evidence, it will be able to contribute to and take a place in the rapidly evolving medicine environment.
Feature Selection from a Facial Image for Distinction of Sasang Constitution
Authors: Koo Imhoi , Kim Jong Yeol , Kim Myoung Geun , Kim Keun Ho
Published: September 2009

Recently, oriental medicine has received attention for providing personalized medicine through consideration of the unique nature and constitution of individual patients. With the eventual goal of globalization, the current trend in oriental medicine research is the standardization by adopting western scientific methods, which could represent a scientific revolution. The purpose of this study is to establish methods for finding statistically significant features in a facial image with respect to distinguishing constitution and to show the meaning of those features. From facial photo images, facial elements are analyzed in terms of the distance, angle and the distance ratios, for which there are 1225, 61 250 and 749 700 features, respectively. Due to the very large number of facial features, it is quite difficult to determine truly meaningful features. We suggest a process for the efficient analysis of facial features including the removal of outliers, control for missing data to guarantee data confidence and calculation of statistical significance by applying ANOVA. We show the statistical properties of selected features according to different constitutions using the nine distances, 10 angles and 10 rates of distance features that are finally established. Additionally, the Sasang constitutional meaning of the selected features is shown here.
Perspective of the Human Body in Sasang Constitutional Medicine
Authors: Lee Junhee , Jung Yongjae , Yoo Junghee , Lee Euiju , Koh Byunghee
Published: September 2009

The Sasang constitutional medicine (SCM), a medical tradition originating from Korea, is distinguished from the traditional Chinese medicine in its philosophical background, theoretical development and especially, the fundamental rationale that analyzes the structure and function of the human body within a quadrifocal scheme. In SCM, the structure of the body is comprehended within the Sasang quadrifocal scheme, and the function of the body is understood within the context of the energy‐fluid metabolism and the water‐food metabolism controlled by the four main organs (lung, spleen, liver and kidney). Also, the concept of Seong-Jeong is used to explain the structural and functional variations between different constitutional types that arise from the constitutional variations in organ system scheme, which are in turn caused by deviations in the constitutional Seong-Jeong. Therefore, understanding the SCM perspective of the human body is essential in order to fully appreciate the advantages of the constitutional typological system (which focuses on individual idiosyncrasies) found in SCM.
Analysis of Skin Humidity Variation Between Sasang Types
Authors: Jung Soon-Oh , Park Soo-Jin , Chae Han , Park Soo Hyun , Hwang Minwoo , Kim Sang-Hyuk , Kwon Young-Kyu
Published: September 2009

The purpose of this study was to examine the relationship between variations in skin humidity (SH) induced by perspiration across Sasang types and to identify novel and effective Sasang classification factors. We also analyzed the responses of each Sasang type to sweating‐related QSCC II items. The results revealed a significant difference in SH across gender and significant differences in SH before and after perspiration between Tae‐Eum and So‐Eum men. In addition, Tae‐Eum women showed significant differences in SH compared with women classified as another Sasang type. Furthermore, evaluation of the items related to sweating in the QSCC II and their relationship to each constitution revealed a significant difference between Tae‐Eum and other Sasang types. Overall, the results of this study indicate that there is a distinct SH difference following perspiration between Tae‐Eum and other Sasang types. Such findings may aid in Sasang typology diagnostic testing with the support of further sophisticated clinical studies.
Quantitative Sasang Constitution Diagnosis Method for Distinguishing between Tae‐eumin and Soeumin Types Based on Elasticity Measurements of the Skin of the Human Hand
Authors: Song Han Wook , Lee SungJun , Park Yon Kyu , Woo Sam Yong
Published: September 2009

The usefulness of constitutional diagnoses based on skin measurements has been established in oriental medicine. However, it is very difficult to standardize traditional diagnosis methods. According to Sasang constitutional medicine, humans can be distinguished based on properties of the skin, including its texture, roughness, hardness and elasticity. The elasticity of the skin was previously used to distinguish between people with Tae‐eumin (TE) and Soeumin (SE) constitutions. The present study designed a system that uses a compression method to measure the elasticity of hand skin and evaluated its measurement repeatability. The proposed system was used to compare the skin elasticity between SE and TE subjects, which produced a measurement repeatability error of <3%. The proposed system is suitable for use as a quantitative constitution diagnosis method for distinguishing between TE and SE subjects with an acceptable level of uncertainty.
Association between Genetic Polymorphism of Multidrug Resistance 1 Gene and Sasang Constitutions
Authors: Kim Hyun-Ju , Hwang Seung Yeon , Kim Ju-Ho , Park Hye-Jung , Lee Sang-Gyu , Lee Si-Woo , Joo Jong-Cheon , Kim Yun-Kyung
Published: September 2009

Multidrug resistance 1 (MDR1) is a gene that expresses P‐glycoprotein (P‐gp), a drug transporter protein. Genetic polymorphisms of MDR1 can be associated with Sasang constitutions because Sasang constitutional medicine (SCM) prescribes different drugs according to different constitutions. A Questionnaire for Sasang Constitution Classification II (QSCC II) was used to diagnose Sasang constitutions. Two hundred and seven healthy people whose Sasang constitutions had been identified were tested. Genotype analyses, restriction fragment length polymorphism (RFLP) and pyrosequencing were used in MDR1 C1236T, and in MDR1 G2677T/A and C3435T, respectively. Significant differences in MDR1 C1236T genotypes were found between So‐yangin and So‐eumin. MDR1 G2677T/A genotype also showed significant differences in allele distribution between So‐yangin and Tae‐eumin. So‐yangin and So‐eumin showed significant differences in the distribution of both 1236C‐2677G‐3435C and 1236T‐2677G‐3435T, haplotypes of MDR1. The genetic polymorphism of the MDR1 gene was thus shown to be an indicator that could distinguish So‐yangin from other constitutions.
The Corporate Social Responsibility Agenda
Authors: Crane Andrew , McWilliams Abagail , Matten Dirk , Moon Jeremy , Siegel Donald S.
Published: September 2009

Corporate social responsibility (CSR) has experienced a journey that is almost unique in the pantheon of ideas in the management literature. Its phenomenal rise to prominence in the 1990s and 2000s suggests that it is a relatively new area of academic research. This book seeks to offer such a critical reflection on some of the major debates that coalesce around the subject of CSR. Bringing together a range of voices from within, across, and around the management literature, this book is intended as an authoritative account available on the CSR literature as it stands today, from the world's leading scholars in the area. This introductory article provides an overview of CSR as a subject of academic inquiry, discusses the institutionalization of the CSR literature, and outlines the guiding principles adopted in assembling this book and selecting the contributors.
A History of Corporate Social Responsibility
Authors: Carroll Archie B.
Published: September 2009

The purpose of this article on corporate social responsibility (CSR) concepts and practices, referred to as just ‘social responsibility’ (SR) in the period before the rise and dominance of the corporate form of business organization, is to provide an overview of how the concept and practice of SR or CSR has grown, manifested itself, and flourished. It considers how the CSR concept, expanded from its focus on a few stakeholders, close at hand, to be more far reaching and inclusive, eventually becoming global in scope. In addition, it briefly considers what organizational activities and changes have taken place to accommodate these new initiatives, to the point at which it has become fully institutionalized today. It becomes apparent that today, well into the first decade of the 2000s, CSR in many firms is moving towards full integration with strategic management and corporate governance.
Principals and Agents
Authors: Salazar José , Husted Bryan W.
Published: September 2009

Friedman's original critique of corporate social responsibility (CSR) remains one of the most important in the CSR literature. Perhaps it would be more accurate to say that Friedman provides an outline of a critique as he does not fully develop his arguments. In any case this article defines the requirements for a CSR, which is ethical because it does not renounce obligations to shareholding principals, as well as specifying the challenges of CSR given the nature of the principal-agent relationship. By following the logic inherent in Friedman's argument, this article highlights some of the very practical problems that need to be resolved in order to move the CSR agenda forward. This article identifies many of the challenges that CSR faces if it is to move beyond symbol to substance.
Critical Theory and Corporate Social Responsibility
Authors: Kuhn Timothy , Deetz Stanley
Published: September 2009

This article examines corporate social responsibility (CSR) from the angle of critical theory. It begins by arguing that values shape corporate decisions in three general ways: managerial choices, routines, and reasoning processes; governmental regulation, incentives, tax structures, and oversight; and consumption choices within market systems. It shows that, alone and jointly, these ‘sites’ are fundamentally weak in their capacity to produce greater CSR in the sense of more diverse values and reasoning processes. Institutionalized power relations, various forms of systematically distorted communication, and ideology provide insight into different weaknesses and pitfalls. This article treats ideology as the presence of values embedded in language, routines, practices, and positions that privilege dominant groups which are difficult to identify, discuss, and assess owing to various covering mechanisms. Following this, it turns to exploring communication systems and practices that can provide for a more sustainable, and democratic, CSR.
Top Managers as Drivers for Corporate Social Responsibility
Authors: Swanson Diane L.
Published: September 2009

This article addresses top managers as drivers for corporate social responsibility (CSR). It summarizes the responsibility roles implied by or assigned to managers in selected models of corporate social performance. Given this backdrop for business and society research, it focuses on the importance of moral leadership in directing the formal and informal organization toward socially responsible goals. In other words, the emphasis is on the focal role of top executive managers in driving social responsibility. This focus is not meant to convey that middle or lower managers are irrelevant to CSR. It is simply that their decision-making discretion is largely circumscribed by top managers, which is why middle and lower managers often face uncomfortable moral dilemmas when their values are incompatible with those established at a higher level of command. Finally, this article points to some contextual factors that impact socially responsible leadership in terms of external and internal controls.
Socially Responsible Investment and Shareholder Activism
Authors: Kurtz Lloyd
Published: September 2009

This article looks at shareholder activism and the industry that has emerged around socially responsible investment, which has put pressure on publicly listed companies to comply with basic ethical and social standards. Socially responsible investment is a broad field with many points of connection and disconnection with corporate social responsibility (CSR). It would be natural to assume that socially responsible investment represents an implementation of CSR in financial markets, but many social investors have motivations very different from what one might call the academic view of CSR. Socially responsible investment has a long history, and many of its practices pre-date modern conceptions of social responsibility. Since studies of socially responsible investment are often cited in discussions of CSR, it is important to understand what is, and what isn't, being said. This article therefore begins by reviewing some basic definitional issues.
Corporate Governance and Corporate Social Responsibility
Authors: Buchholtz Ann K. , Brown Jill A. , Shabana Kareem M.
Published: September 2009

Corporate governance is concerned with holding the balance between economic and social goals and between individual and communal goals. The corporate governance framework is there to encourage the efficient use of resources and equally to require accountability for the stewardship of those resources. This article outlines the relationship between corporate governance and corporate social responsibility (CSR). It begins by examining the role of corporate governance in creating value for shareholders. It focuses on the actions of the corporation and the board toward its shareholders and other stakeholders, i.e., how corporate governance serves or fails to serve their interests. It covers the assumptions that underlie theories of corporate governance and the expected outcomes of various board structures and compositions. It then examines the state of corporate democracy, the issue of accountability, and key legislation relative to corporate governance.
Stakeholder Theory
Authors: Dunfee Thomas W.
Published: September 2009

This article provides a basic understanding of stakeholder thinking, arguably one of the very few theoretical frameworks generated by the corporate social responsibility (CSR) literature itself, to explore the management challenges of CSR. It considers the role of the stakeholder concept in helping managers make decisions allocating spending on discretionary social responsibility. Here, the focus is on CSR defined as discretionary spending in furtherance of an explicit measurable social objective consistent with relevant social norms and laws. This article introduces the concept of discretionary corporate social responsibility (dCSR) which involves voluntary spending on explicit social objectives consistent with societal expectations. The dCSR concept is justified as a proper and legitimate business investment based on supportive social political norms and supportive laws in most developed countries.
Corporate Social Responsibility
Authors: Owen David L. , O'Dwyer Brendan
Published: September 2009

The purpose of this article is to provide a brief overview of the development of corporate social and environmental reporting practice since it first began to achieve some degree of prominence on an international scale in the 1970s, before offering a critical evaluation of the state of current practice. This article focuses on the contribution of present day reporting, and associated assurance, initiatives made towards enhancing the transparency of corporate social and environmental impact, together with delivering enhanced levels of accountability to organizational stakeholders. A large part of this article draws on research in social and environmental accounting within the field of interdisciplinary accounting research. This research field has a thirty-five-year history and has developed in parallel with certain streams of corporate social responsibility research in the management literature. For example, social and environmental accounting research embraces both normative concerns with fulfilling obligations and duties to the wider society.
Educating for Responsible Management
Authors: Windsor Duane
Published: September 2009

This article reviews theories of management education and current coverage of corporate social responsibility (CSR) concepts in the United States, Europe, and elsewhere. It then examines prospects for responsible management education in the 21st century. It proceeds in four main sections. First, it addresses management education theories. Second, it assesses the state of knowledge concerning responsible management. Third, it examines the state of knowledge concerning education for responsible management. Views range from the impossibility of changing the moral character of adults and the uselessness of responsibility education through the identification of profit incentives for responsibility activities to demands for business schools and corporations to try harder in the wake of recent corporate scandals. Fourth, this article discusses the effect of the Association to Advance Collegiate Schools of Business international accreditation standards on responsibility education. A concluding section summarizes the chief points.
Senior Management Preferences and Corporate Social Responsibility
Authors: Mackey Alison , Mackey Tyson B. , Barney Jay B.
Published: September 2009

The purpose of this article is to examine whether or not having senior managers who are personally committed to socially responsible causes is either necessary or sufficient for firms to implement socially responsible activities. While not denying that having such senior managers may increase the probability that a firm will pursue a socially responsible agenda, this article concludes that senior manager commitment to socially responsible causes is neither necessary nor sufficient for a firm to implement socially responsible activities. This article has important practical implications for those seeking to increase the amount of socially responsible corporate behavior in the economy. In particular, the arguments developed here suggest that efforts that focus exclusively on changing the social responsibility preferences of senior managers in firms may be misguided, and at the least should be augmented by efforts focused on different firm stakeholders.
The Transatlantic Paradox
Authors: Donaldson Thomas
Published: September 2009

The concept of the corporation is not separable from the systems of incorporation and regulation that instantiate it. This is true of both the ‘American’ model of the corporation, with its dominant emphasis on shareholder rights (no matter how imperfectly those rights are protected), and of the ‘European’ model, with its attention on community interests, especially employment issues. The former is frequently attacked by Europeans for its neglect of the interests of key stakeholders, while the latter is attacked by Americans for its neglect of economic efficiency. This article shows why too much journalistic and academic debate has been wasted defending the American conception over the European and vice versa. Given the conceptual tools that both sides tend to employ defending their conceptions, the debate is irresolvable. It is, in effect, a puzzle with missing pieces.
Spirituality as a Firm Basis for Corporate Social Responsibility
Authors: Pruzan Peter
Published: September 2009

This article focuses primarily on how to operationalize corporate social responsibility—how to integrate it into the corporation's vocabulary, policies, stakeholder communications, and reporting systems. It argues that in order for an organization and its members to be able to experience an obligation to live up to their social responsibility, an organization must address the following three fundamental questions. The first question asks what responsibility is. The second asks whether organizations can be responsible or not. Finally, the third asks why should organizations be responsible. This article briefly addresses these inquiries. In particular, based on theoretical reasoning and empirical research in the form of interviews with leaders from six continents and fifteen countries, it is argued that true responsibility, both by leaders and their organizations, is grounded in a perspective on leadership—spiritual-based leadership—that transcends the (self-imposed) limitations of economic rationality.
Future Perspectives of Corporate Social Responsibility
Authors: Steger Ulrich
Published: September 2009

This contribution not only tries to place the current debate in the context of developments over the last twenty-five years, but also exhorts academics to design less ‘holistic’ concepts (which easily degenerate into propaganda used in political debate), to contribute to transparency by providing sober empirical evidence, and to express more appreciation for marginal yet continuous incremental improvements in the business world. The public rhetoric about corporate social responsibility has not had any significant effect on everyday life in the corporate sector, nor has the wealth of currently available academic research and suggestions. To put it in a nutshell: even for the most risk-exposed companies or industries, everything beyond the (hard-) core business is of secondary importance. Any empirical evidence is only a snapshot of the status quo. Identifying drivers for change and emerging trends is a more compelling challenge than simply describing the current state of affairs.
Reduced opsin gene expression in a cave-dwelling fish
Authors: Tobler Michael , Coleman Seth W. , Perkins Brian D. , Rosenthal Gil G.
Published: September 2009

Regressive evolution of structures associated with vision in cave-dwelling organisms is the focus of intense research. Most work has focused on differences between extreme visual phenotypes: sighted, surface animals and their completely blind, cave-dwelling counterparts. We suggest that troglodytic systems, comprising multiple populations that vary along a gradient of visual function, may prove critical in understanding the mechanisms underlying initial regression in visual pathways. Gene expression assays of natural and laboratory-reared populations of the Atlantic molly (
Poecilia mexicana
) revealed reduced opsin expression in cave-dwelling populations compared with surface-dwelling conspecifics. Our results suggest that the reduction in opsin expression in cave-dwelling populations is not phenotypically plastic but reflects a hardwired system not rescued by exposure to light during retinal ontogeny. Changes in opsin gene expression may consequently represent a first evolutionary step in the regression of eyes in cave organisms.
Flip, flop and fly: modulated motor control and highly variable movement patterns of autotomized gecko tails
Authors: Higham Timothy E. , Russell Anthony P.
Published: September 2009

Many animals lose and regenerate appendages, and tail autotomy in lizards is an extremely well-studied example of this. Whereas the energetic, ecological and functional ramifications of tail loss for many lizards have been extensively documented, little is known about the behaviour and neuromuscular control of the autotomized tail. We used electromyography and high-speed video to quantify the motor control and movement patterns of autotomized tails of leopard geckos (
Eublepharis macularius
). In addition to rhythmic swinging, we show that they exhibit extremely complex movement patterns for up to 30 min following autotomy, including acrobatic flips up to 3 cm in height. Unlike the output of most central pattern generators (CPGs), muscular control of the tail is variable and can be arrhythmic. We suggest that the gecko tail is well suited for studies involving CPGs, given that this spinal preparation is naturally occurring, requires no surgery and exhibits complex modulation.
Recent advances in the analysis of behavioural organization and interpretation as indicators of animal welfare
Authors: Asher Lucy , Collins Lisa M. , Ortiz-Pelaez Angel , Drewe Julian A. , Nicol Christine J. , Pfeiffer Dirk U.
Published: September 2009

While the incorporation of mathematical and engineering methods has greatly advanced in other areas of the life sciences, they have been under-utilized in the field of animal welfare. Exceptions are beginning to emerge and share a common motivation to quantify ‘hidden’ aspects in the structure of the behaviour of an individual, or group of animals. Such analyses have the potential to quantify behavioural markers of pain and stress and quantify abnormal behaviour objectively. This review seeks to explore the scope of such analytical methods as behavioural indicators of welfare. We outline four classes of analyses that can be used to quantify aspects of behavioural organization. The underlying principles, possible applications and limitations are described for: fractal analysis, temporal methods, social network analysis, and agent-based modelling and simulation. We hope to encourage further application of analyses of behavioural organization by highlighting potential applications in the assessment of animal welfare, and increasing awareness of the scope for the development of new mathematical methods in this area.
Inflow boundary profile prescription for numerical simulation of nasal airflow
Authors: Taylor D. J. , Doorly D. J. , Schroter R. C.
Published: September 2009

Knowledge of how air flows through the nasal passages relies heavily on model studies, as the complexity and relative inaccessibility of the anatomy prevents detailed
in vivo
measurement. Almost all models to date fail to incorporate the geometry of the external nose, instead employing a truncated inflow. Typically, flow is specified to enter the model domain either directly at the nares (nostrils), or via an artificial pipe inflow tract attached to the nares. This study investigates the effect of the inflow geometry on flow predictions during steady nasal inspiration. Models that fully replicate the internal and external nasal airways of two anatomically distinct subjects are used as a reference to compare the effects of common inflow treatments on physiologically relevant quantities including regional wall shear stress and particle residence time distributions. Inflow geometry truncation is found to affect flow predictions significantly, though slightly less so for the subject displaying more pronounced passage area contraction up to the internal nasal valve. For both subject geometries, a tapered pipe inflow provides a better approximation to the natural inflow than a blunt velocity profile applied to the nares. Computational modelling issues are also briefly outlined, by comparing quantities predicted using different surface tessellations, and by evaluation of domain-splitting techniques.
Taxonomic scale-dependence of habitat niche partitioning and biotic neighbourhood on survival of tropical tree seedlings
Authors: Queenborough Simon A. , Burslem David F. R. P. , Garwood Nancy C. , Valencia Renato
Published: September 2009

In order to differentiate between mechanisms of species coexistence, we examined the relative importance of local biotic neighbourhood, abiotic habitat factors and species differences as factors influencing the survival of 2330 spatially mapped tropical tree seedlings of 15 species of Myristicaceae in two separate analyses in which individuals were identified first to species and then to genus. Using likelihood methods, we selected the most parsimonious candidate models as predictors of 3 year seedling survival in both sets of analyses. We found evidence for differential effects of abiotic niche and neighbourhood processes on individual survival between analyses at the genus and species levels. Niche partitioning (defined as an interaction of taxonomic identity and abiotic neighbourhood) was significant in analyses at the genus level, but did not differentiate among species in models of individual seedling survival. By contrast, conspecific and congeneric seedling and adult density were retained in the minimum adequate models of seedling survival at species and genus levels, respectively. We conclude that abiotic niche effects express differences in seedling survival among genera but not among species, and that, within genera, community and/or local variation in adult and seedling abundance drives variation in seedling survival. These data suggest that different mechanisms of coexistence among tropical tree taxa may function at different taxonomic or phylogenetic scales. This perspective helps to reconcile perceived differences of importance in the various non-mutually exclusive mechanisms of species coexistence in hyper-diverse tropical forests.