- Table View
- List View
Governing Britain: Parliament, ministers and our ambiguous constitution
by Philip NortonWho governs Britain? Is Parliament sovereign? Who chooses the Prime Minister? And who enforces the rules? The United Kingdom is in the throes of political and constitutional conflict. Tensions between different Westminster and Holyrood, and between the UK and the European Union, are part of a wider picture of constitutional flux. The United Kingdom is one of only three nations that does not have the principal provisions of the organs of state, nor is how they relate to one another and to the citizen embodied in a single document. Devolution and Brexit have given rise to calls for a codified constitution, but the debate has taken place against a background of confusion and uncertainty as to existing constitutional arrangements. We must first understand what already exists and how our constitution works today. This deeply informed and elegantly written book addresses the problems that have arisen in the context of the greatest political crisis our country has faced in decades.
Governing Britain: Parliament, ministers and our ambiguous constitution (G - Reference,information And Interdisciplinary Subjects Ser.)
by Philip NortonWho governs Britain? Is Parliament sovereign? Who chooses the Prime Minister? And who enforces the rules? The United Kingdom is in the throes of political and constitutional conflict. Tensions between different Westminster and Holyrood, and between the UK and the European Union, are part of a wider picture of constitutional flux. The United Kingdom is one of only three nations that does not have the principal provisions of the organs of state, nor is how they relate to one another and to the citizen embodied in a single document. Devolution and Brexit have given rise to calls for a codified constitution, but the debate has taken place against a background of confusion and uncertainty as to existing constitutional arrangements. We must first understand what already exists and how our constitution works today. This deeply informed and elegantly written book addresses the problems that have arisen in the context of the greatest political crisis our country has faced in decades.
Governing by Numbers: Delegated Legislation and Everyday Policy-Making
by Edward C PageGoverning by Numbers is a jargon-free account of how delegated legislation - laws that do not pass through the full legislative scrutiny to which Acts of Parliament are subjected - is made. It is based on new research involving an analysis of nearly 30,000 pieces of delegated legislation; detailed investigation of 46 recent regulations based on in-depth interviews with those involved in developing, writing and scrutinising them and a major survey of nearly 400 interest groups. Delegatedlegislation is examined as a form of "everyday policy-making". It deals with important issues, from the level of welfare benefits to weapons exports, animal health and the prevention of air pollution, yet has been largely ignored in studies of the British political and administrative system. This book analyses the distinctive character of everyday policy making and the implications of how it works for our understanding of British democracy.
Governing by Numbers and Human Capital in Education Policy Beyond Neoliberalism: Social Democratic Governance Practices in Public Higher Education (Educational Governance Research #19)
by Miriam MadsenThis book addresses governing by numbers and human capital policy in higher education by asking how higher education is quantified, how the quantitative information is used in educational governance, and how the information is perceived by students, teachers, managers, and policymakers, and affects decision-making. It also thematically discusses how human capital theory affects the quantification practices and, thereby, their effects. Based on these analyses, the book asks whether governing by numbers and human capital in education policy are necessarily neoliberal practices, and thus questions the theory of global convergence in educational governance.The book provides a thorough analysis of the quantification of graduate outcomes based on the philosophical framework of Agential Realism, thus offering a novel analytical approach to the study of data and indicators in educational governance. The book draws on a comprehensive ethnographic case study from Danish higher education, and relates the findings from this case study to empirical cases in other countries and international research in the field. The book brings together literature from various fields, including political science, accounting, education, and sociology of quantification, in order to provide a comprehensive account of how quantification practices affect education.
Governing Cities in a Global Era: Urban Innovation, Competition, and Democratic Reform
by R. Hambleton Jill GrossThis book is about the role that ideas, institutions, and actors play in structuring how we govern cities and, more specifically, what projects or paths are taken. Global changes require that we rethink governance and urban policy, and that we do so through the dual lens of theory and practice.
Governing Continuous Transformation: Re-framing the Strategy-Governance Conversation (Contributions to Management Science)
by Bijan KhezriThis book transposes the ‘free-energy principle’, as espoused by the neuroscientist Karl Friston, to strategic governance, and forming the new concept of Free-Energy Governance (FEG). This concept lays the foundation for a new logic of governing continuous transformation. In addition to guiding the structure, cognition, and capabilities of success in strategic renewal, FEG provides a systematic and practice-relevant approach to predicting a firm’s potential for entropy.Using this new concept, the author shows that the success of continuous strategic renewal and business innovation, elements crucial for firm survival, are determined by the triplet of a firm’s structure, cognition, and dynamic board capabilities. “How to govern large organizations in times of high uncertainty and permanent change? To answer this pressing question, … Bijan Khezri has been the first to apply [the free energy] principle to management science … This book is an eyeopener for every reflective leader.¨ Professor Oliver Gassmann, Director of the Institute of Management and Technology, University of St. Gallen “I really enjoyed reading this book. It was both exciting and reassuring to see how the same fundamental ideas can be found in fields as disparate as nonequilibrium steady-state physics and theories of governance.” Professor Karl. J. Friston; Director of the Wellcome Centre for Human Neuroimaging “Using a term often applied to best-selling novels, ‘it is a page turner’ in which I learned something new in every chapter! Every board member, all executives and scholars interested in strategic leadership and governance must read this book if they wish to remain relevant in the coming transformational decades.” Michael A. Hitt University Distinguished Professor Emeritus, Mays Business School, Texas A&M University Former President, Academy of Management, and former Editor, Academy of Management Journal "We could not ask for a better author to initiate this new conversation in the board research community and convey its merits to the world of board practice." Martin HilbProfessor Emeritus, University of St. Gallen Founder and Managing Partner, International Board Foundation and President of Swiss Institute of Directors “Set against a wide swath of literature, the book impressively makes the case for a new logic of strategic renewal in which the board of directors plays a central role.” Professor Constance E. Helfat, Tuck School of Business at Dartmouth
Governing Corporate Social Responsibility in the Apparel Industry after Rana Plaza
by Anil Hira Maureen Benson-ReaThis edited collection critically explores the efforts of the apparel industry to improve safety conditions and suggests governance reforms that will resolve lingering issues. The volume examines two consortia: the Alliance and the Accord, which set up cooperative auditing systems of supplying factories and penalties for non-compliance, and include funding to help factories comply and for workers if factories are idled during repairs, though the editors raise doubts about the long-lasting value of such efforts. In the wake of the 2013 Rana Plaza disaster, leading researchers across labor relations and industry studies tackle and debate such issues, giving their perspective of how multinationals operating in developing countries should regulate labor standards in order to resolve and improve the substandard working conditions under which much of our clothing is made.
Governing Corporate Tax Management: The Role of State Ownership, Institutions and Markets in China
by Chen Zhang Rajah Rasiah Kee Cheok CheongThis book focuses on corporate sector development in the context of transition economies, such as China. In doing so, the book uses quantitative methods to test several hypotheses that are salient to the Chinese economic situation.Topics covered in the book include the relationship between tax management and firm performance, the extent to which a short-term focus on tax management can lead to long-term vulnerabilities, the impact of government ownership on tax management impact, and the link between the co-evolution of marketization and corruption, and institutional change and tax management.With that the book offers rich empirical evidence to examine tax management, firm performance and corruption in a broad context, while permitting comparison between the Chinese experience and the market economies.
Governing Cross-Border Data Flows: Reconciling EU Data Protection and International Trade Law (Oxford Data Protection & Privacy Law)
by Svetlana YakovlevaGoverning Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, Yakovleva examines the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for the further research necessary to design a fully-fledged reform proposal of the EU framework for the transfer of personal data outside the European Economic Area.
Governing Cross-Border Data Flows: Reconciling EU Data Protection and International Trade Law (Oxford Data Protection & Privacy Law)
by Svetlana YakovlevaGoverning Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, Yakovleva examines the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for the further research necessary to design a fully-fledged reform proposal of the EU framework for the transfer of personal data outside the European Economic Area.
Governing Digital Transformation: Guidance for Corporate Board Members (Management for Professionals)
by Steven De Haes Laura Caluwe Tim Huygh Anant JoshiThis title provides clear and readily applicable guidance to corporate board members on the involvement of boards of directors in information technology (IT) governance. Specifically, it demonstrates ways in which board members can execute IT duties effectively. Specific tools such as a roadmap towards digital transformation and a board-level dashboard for digital strategy and oversight are also offered. While organizations are increasingly dependent on IT for the creation of business value, the evidence seems to indicate that boards of directors are not as involved in IT-related strategic decision-making and control as they should be. Research shows that high levels of board-level IT governance, regardless of existing IT needs, will improve organizational performance. This book provides unique insights into the inner workings of a specific board of directors group, with a focus on its IT governance structures and processes.
Governing Enterprises in China: Corporate Boards, Ownership and Markets (Dynamics of Asian Development)
by Zhang Cheng Rajah Rasiah Kee Cheok CheongThis book examines the nature of the marketization of corporate boards following the introduction of the split share reform, corporate board and shareholder relations, corporate performance, and risk-taking conduct in China. The chapters cover topics such as determinants of corporate board size and independence, corporate risk-taking conduct under different controlling shareholder types. The book deepens our understanding of corporate governance mechanisms as most previous studies have limited their findings using mainstream perspectives grounded on neoclassical theory. It outlines that China’s corporate board composition is determined by the board’s scope of operation, monitoring, bargaining power, and other governance mechanisms and regulations. It also offers a comparison between China’s experience with other economies in general and other transition economies in particular. As such, the book represents an essential overview of the current concerns regarding corporate governance in China. It is of great interest to legal researchers, policymakers, and legal practitioners working with business investments in China.
Governing Europe under a Constitution: The Hard Road from the European Treaties to a European Constitutional Treaty
by Herm. Josef Blanke Stelio MangiameliThe volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for Europe. By analysing the rules to govern a Europe of 25 and in time 28 and more Member States the publication intends to make a contribution to the emerging "Ius Publicum Europaeum".
Governing Future Technologies: Nanotechnology and the Rise of an Assessment Regime (Sociology of the Sciences Yearbook #27)
by Mario Kaiser Monika Kurath Sabine Maasen Christoph Rehmann-SutterNanotechnology has been the subject of extensive ‘assessment hype,’ unlike any previous field of research and development. A multiplicity of stakeholders have started to analyze the implications of nanotechnology: Technology assessment institutions around the world, non-governmental organizations, think tanks, re-insurance companies, and academics from science and technology studies and applied ethics have turned their attention to this growing field’s implications. In the course of these assessment efforts, a social phenomenon has emerged – a phenomenon the editors define as assessment regime. Despite the variety of organizations, methods, and actors involved in the evaluation and regulation of emerging nanotechnologies, the assessment activities comply with an overarching scientific and political imperative: Innovations are only welcome if they are assessed against the criteria of safety, sustainability, desirability, and acceptability. So far, such deliberations and reflections have played only a subordinate role. This book argues that with the rise of the nanotechnology assessment regime, however, things have changed dramatically: Situated at the crossroads of democratizing science and technology, good governance, and the quest for sustainable innovations, the assessment regime has become constitutive for technological development. The contributions in this book explore and critically analyse nanotechnology’s assessment regime: To what extent is it constitutive for technology in general, for nanotechnology in particular? What social conditions render the regime a phenomenon sui generis? And what are its implications for science and society?
Governing Groundwater: Between Law and Practice (Water Governance - Concepts, Methods, and Practice)
by Gabriela Cuadrado-QuesadaThis book empirically examines a diverse range of groundwater issues and different approaches to deal with such concerns taking into account responses from government bodies, community organizations, scientists, private sector, and academia. The overarching objective of this book is to empirically examine groundwater governance and groundwater law. It aims to provide a better understanding of the complexities surrounding groundwater governance in order to reconceptualize and retheorize the governance of subterranean resources having as entry points equity and sustainability concerns. This involves understanding what people do when using, sharing, protecting, and measuring groundwater; and why do they do what they do, i.e., what are their motivations to resort to certain practices. This is done through the comparative and contrasting investigation of six case studies from countries from the Global North and Global South. It offers a different perspective of literature given that it explains how groundwater governance and law are in practice rather than what they should be. Additionally, the research presented in this book provides ideas on how to rethink the design and implementation of groundwater law grounded on empirically based descriptions and the understanding of groundwater problems.
Governing Independence and Expertise: The Business of Housing Associations
by Morag McDermontShortlisted for the SLSA-Hart Socio-Legal Book Prize 2011Governing, Independence and Expertise tells the story of the not-for-profit housing sector in England, focusing on its representative body, the National Housing Federation. The story tells of how the Federation and associations influenced their own space of governing through deploying discourses of independence and expertise; how being governed, and governing, become, at times, one and the same.The National Federation of Housing Societies was born in 1935 out of the apparent failure of housing societies, associations and charitable trusts to tackle the 'problem of the slums'. Its story was a familiar one - organisations have often set up collective structures to facilitate intervention in government. Viewed historically the success of the project is, nevertheless, remarkable, given that the housing association sector is now a major force in social housing provision. Moreover housing associations have pioneered many programmes which are central to our 'modernised' welfare state – such as private finance, independence and entrepreneurialism. Through the story of the Federation, the book examines the role of non-governmental actors in mechanisms of governing, engaging contemporary debates about public services and the nature of the 'social' - the limits of the role of the not-for-profit sector; the impact of private funders; and the disappearance of the notion of 'public'.
Governing India's Northeast: Essays on Insurgency, Development and the Culture of Peace (SpringerBriefs in Political Science)
by Samir Kumar DasThis book focuses on issues of governance and the nature and complexities of social transformation in India’s Northeast -- a ‘problem’ zone for policymakers -- particularly since the early 1990s. While governance is the thread that runs through the volume, the latter at one level addresses the challenges of governing in global times a region historically marked by acute violence, interethnic conflict and insurgency; and at another, traces macro changes in the very forms and technologies of governance. The essays in this volume point to how changing forms and technologies of governing insurgency, development and culture do not remain mere instruments of peace, but define the very nature and content of both peace and conflict and their interrelationship in the region.For the first time in the history of scholarship on the region, the three crucial issues of insurgency, development and culture have been analysed through the lens of governance. This volume, therefore, marks an important addition to the scholarship on the region.
Governing Intellectual Property Rights Within Publicly Funded Biobanks
by Rajam NeethuGoverning Intellectual Property Rights Within Publicly Funded Biobanks R. Neethu The boom in biobanks and health databases as research infrastructures have evoked various legal and ethical debates. Since then numerous new developments have emerged such as digitalization, big-data research and artificial intelligence which has important implications for biobank-based research and collaborations. This new paradigm offers new legal challenges for commercial involvement particularly within a publicly funded setting. In this innovative book, the author shows that securing maximum social benefit out of the knowledge emanating from the use of biobank resources lies in managing intellectual property inputs and outputs effectively in keeping with the values core to such research. Focusing on the challenges of involving intellectual property rights (IPRs) particularly in the precompetitive phase of biobank-based research, the book offers an extensive understanding of the role of different IPRs and identifies the gaps in the law and its implications for biobanks. The analysis covers important aspects in relation to biobanks such as: Digital integration and biomedical data storage; Ownership of biological samples; Commercialization and benefit sharing; Partnership models; Public sector research; Disposition of samples; Consent; Cross-border exchange; Trade secrecy; Privacy; Regulatory stewardship; Business strategies; Ethical considerations over biological resources; Patenting of inventions relating to personalized medicine; Ethical parameters within patent law; and Rights regarding genetic data and databases. The book includes observations, case studies and interviews conducted by the author. In conclusion, the author offers cogent recommendations for legal interoperability of IP rules and research practices designed to enhance the ability of biobanks to share, access and reuse data. This book is the first of its kind to explore the organizational and legislative choices for biobanks particularly while engaging in the protection of research results and technology transfer within a publicly funded setting. It will be of substantial interest to all stakeholders in biobanking, especially policymakers, biobankers and researchers working in the field of health law as well as for legal practitioners, academics and patient interest groups.
Governing Interorganizational Relationships for Innovation: The Case of the Italian Automotive Industry
by Stefano Li Pira Anna MorettiThis book explores the governance mechanisms and their implications for interorganizational relationships (IORs) in the context of disruptive technological change, with a focus on the automotive industry's transition to electric vehicles (EVs). It delves into the different forms of governance, including contractual and relational mechanisms, and the levels of codification within IORs. It addresses the gap in understanding the impact of disruptive innovation on IORs and highlights the need for strategies to effectively adapt and adjust relationships in the face of transformative changes. The research examines the interplay between disruptive forces and governance, providing insights into how firms can navigate and thrive amidst disruptions. By analysing the dynamics of governance mechanisms and their value in IORs, this book offers practical insights for organizations engaged in interorganizational relationships. It is targeted at researchers and scholars in the fields of strategic management, organizational theory, and innovation, as well as professionals involved in managing interorganizational relationships and navigating disruptive environments.
Governing Kenya: Public Policy in Theory and Practice
by Gedion Onyango Goran HydenThis book is authored by some of the renowned scholars in Africa who take on the task to understand how Kenya is governed in this century from a public policy perspective. The book’s public policy approach addresses three general and pertinent questions: (1) how are policies made in a political context where change is called for, but institutional legacies tend to stand in the way? (2) how are power and authority shared among institutional actors in government and society? and, (3) how effective is policymaking at a time when policy problems are becoming increasingly complex and involving multiple stakeholders in Africa? This book provides an updated and relevant foundation for teaching policy, politics and administration in Kenya. It is also a useful guide for politicians, the civil society, and businesses with an interest in how Kenya is governed. Furthermore, it addresses issues of comparability: how does the Kenyan case fit into a wider African context of policymaking? ‘This volume is a major contribution to comparative policy analysis by focusing on the policy processes in Kenya, a country undergoing modernization of its economic and political institutions. Written by experts with a keen eye for the commonalities and differences the country shares with other nations, it covers a range of topics like the role of experts and politicians in policymaking, the nature of public accountability, the impact of social media on policy actors, and the challenges of teaching policy studies in the country. As a first comprehensive study of an African nation, Governing Kenya will remain a key text for years to come’. —Michael Howlett, Burnaby Mountain Chair of Political Science, Simon Fraser University, Canada ‘A superb example of development scholarship which sets aside ‘best practice’ nostrums and focuses on governance challenges specific to time and place while holding on to a comparative perspective. Useful to scholars and practitioners not only in Kenya but across developing areas. I strongly recommend it!’ —Brian Levy teaches at the School of Advanced International Studies, Johns Hopkins University, USA, and the University of Cape Town, South Africa. ‘This book is an exploration of important deliberations - of interest for those of us interested in deepening the understanding of public policy theories and their application within a specific African setting’. —Wilson Muna, Lecturer of Public Policy, Kenyatta University, Nairobi, Kenya ‘This collection of think pieces on public policy in Kenya gives the reader theoretical and practical hooks critical to the analysis of the implementation of the sovereign policy document in Kenya, the 2010 Constitution’. —Willy Mutunga, Chief Justice & President of the Supreme Court, Republic of Kenya, 2011-2016 ‘Governing Kenya provides a comprehensive analysis of public policymaking in Kenya. The book integrates public policy theory with extensive empirical examples to provide a valuable portrait of the political and economic influences on policy choices in this important African country. The editors have brought together a group of significant scholars to produce an invaluable contribution to the literature on public policy in Africa’. —B. Guy Peters, Maurice Folk Professor of American Government, University of Pittsburgh, USA
Governing Knowledge Commons
"Knowledge commons" describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.
Governing Knowledge-Processes (mir Special Issue #3)
by TorbenPedersen VolkerMahnkeThe objective of this special issue is to contribute to the understanding of Knowledge Governance in the Mulitnational Corporation. Like the traditional literature on corporate governance the authors are concerned with the attraction of crucial capital, its efficient allocation, as well as the mechanism used to achieve capital accumulation and optimal utilization. Knowledge as a particular sort of capital is seen as increasingly crucial to the existence, boundaries, and economic organization of modern Multinational Corporation.
Governing Law and Dispute Resolution in the Oil and Gas Industry (Elgar Energy Law and Practice series)
The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.Key Features:Insightful contributions from over 40 leading practitioners and expert legal scholarsExamination of domestic and international case law, with analysis of the local laws of 24 jurisdictions globallyConsideration of the future of disputes in the oil and gas industry by tracking the evolution and latest trends of the global energy marketExamination of the dispute resolution mechanisms used to mitigate disputes, with a focus on international arbitration as a forum for dispute resolutionDiscussions of a range of operations in the oil and gas industry, including upstream, midstream and downstream projects, and the various contracts that exist within these Featuring a comparative and practice-oriented perspective, this highly informative book will prove an essential resource for practitioners advising parties concerning contractual agreements in the oil and gas sector, as well as a valuable reference point for scholars of energy law and arbitration.
The Governing Law of Companies in EU Law (Studies in Private International Law)
by Justin Borg-BarthetThe manner in which the governing law of companies is determined has attracted much attention from academics and practitioners alike ever since the European Court of Justice began receiving references for preliminary rulings regarding the compatibility of protective conflict of corporate law norms with the EC Treaty provisions concerning freedom of establishment. Although recent developments have been less controversial than the ground-breaking judgment in Centros, they have not only consolidated the general thrust of liberalisation occasioned by the Court of Justice, but have added new dimensions to the regulatory landscape. These developments include amendments to the European constitutional order enshrined in the Lisbon Treaty, European legislation on cross-border mergers, the proposed statute for a European Private Company, the judgment of the Court of Justice in Cartesio and a Commission communication that contemplates the introduction of legislation on the governing law of companies. This book examines these recent developments and appraises the current law, as well as the foreseeable trajectory of the law, within a theoretical setting that addresses the socio-economic and legal-theoretical concerns associated with choices of the governing law of companies. In addition to considering the present and probable future state of EU law, the book also develops new theoretical perspectives and proposes novel solutions to long-standing dilemmas. In particular, it suggests that the use of information technology may render possible previously impossible compromises between party autonomy and the proper locus of prescriptive sovereignty.
The Governing Law of Companies in EU Law (Studies in Private International Law)
by Justin Borg-BarthetThe manner in which the governing law of companies is determined has attracted much attention from academics and practitioners alike ever since the European Court of Justice began receiving references for preliminary rulings regarding the compatibility of protective conflict of corporate law norms with the EC Treaty provisions concerning freedom of establishment. Although recent developments have been less controversial than the ground-breaking judgment in Centros, they have not only consolidated the general thrust of liberalisation occasioned by the Court of Justice, but have added new dimensions to the regulatory landscape. These developments include amendments to the European constitutional order enshrined in the Lisbon Treaty, European legislation on cross-border mergers, the proposed statute for a European Private Company, the judgment of the Court of Justice in Cartesio and a Commission communication that contemplates the introduction of legislation on the governing law of companies. This book examines these recent developments and appraises the current law, as well as the foreseeable trajectory of the law, within a theoretical setting that addresses the socio-economic and legal-theoretical concerns associated with choices of the governing law of companies. In addition to considering the present and probable future state of EU law, the book also develops new theoretical perspectives and proposes novel solutions to long-standing dilemmas. In particular, it suggests that the use of information technology may render possible previously impossible compromises between party autonomy and the proper locus of prescriptive sovereignty.