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Perspectives on Cooperative Law
This book contributes to the development of literature on cooperative law while paying tribute to Hagen Henrÿ’s significant impact on this field at a global scale. Hagen Henrÿ is one of the most influential scholars in the field of cooperative law. His primary contribution has been in the area of public international cooperative law. His other areas of scientific interest include development law and comparative law. This honorary volume is focused on two main axes -- the essence of cooperatives as well as their activities and their governance. The contributions throw light on how these two axes are addressed by cooperative legislation across countries, regions and continents. In the varied perspectives that the contributions put together, both a theoretical and practical approach, the authors address central, current and crucial issues for the development of cooperative law. The book is a great resource for researcher scholars, as well as policy makers and industry players interested in the topic.
The International Handbook of Social Enterprise Law
This open-access book brings together international experts who shed new light on the status of social enterprises, benefit corporations and other purpose-driven companies. The respective chapters take a multidisciplinary approach (combining law, philosophy, history, sociology and economics) and provide valuable insights on fostering social entrepreneurship and advancing the common good. In recent years, we have witnessed a significant shift of how business activities are conducted, mainly through the rise of social enterprises. In an effort to target social problems at their roots, social entrepreneurs create organizations that bring transformative social changes by considering, among other...
International Handbook of Cooperative Law
The degree of development reached by cooperatives of different sectors throughout the world, which among others led to the UN declaring 2012 as the International Year of Cooperatives, needs to be accompanied by a similar development of corresponding legislation. To this end, a better knowledge of cooperative law from the comparative point of view, as has already been established for other types of enterprises, becomes of great importance. This book strives to fill this gap, and is divided into four parts. The first part offers an analytic and conceptual framework with which to understand, study and assess cooperative law from a transnational and comparative perspective. The second part includes several chapters dealing with attempts to harmonize cooperative laws. The third part contains an overview of more than 30 national cooperative laws, while the last part summarizes and compares these national cooperative laws, thus laying the foundation for a comparative cooperative law doctrine.
Commercial Trusts in European Private Law
In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.
Disobey!
The world is out of joint, so much so that disobeying should be an urgent act for everyone. In this provocative essay, Frdric Gros explores the roots of political obedience, social conformity, economic subjection, respect for authorities, constitutional consensus. Examining the various styles of obedience provides tools to study, invent and induce new forms of civic disobedience and lyrical protest. Nothing can be taken for granted: neither supposed certainties nor social conventions, economic injustice or moral conviction. Thinking philosophically requires us to never accept truths and generalities that seem obvious-it restores a sense of political responsibility. At a time when the decisions of experts are presented as the result of icy statistics and anonymous calculations, disobeying becomes an assertion of humanity. To philosophise is to disobey. This book is a call for critical democracy and ethical resistance.
Co-operative Principles and Co-operative Law. 2nd edition
This textbook is a revised second edition of a "classic" on co-operative law, which has been translated into more than 20 languages. The book integrates an analysis of the 1995 Statement of the Co-operative Identity of the International Co-operative Alliance and the impact of political, economic, and social changes over the past 40 years. The original pattern of the book remains unchanged: Two questions are answered for each of the identified principles: What is the meaning of this co-operative principle? How is this principle translated into co-operative legislation? In this newest edition, two additional questions are discussed and answered for each of the chapters: What are the new development trends and what are the new rules in co-operative legislation? (Series: Economy: Research and Science / Wirtschaft: Forschung und Wissenschaft - Vol. 34) [Subject: Co-operative Law]
Co-Operative Enterprise in Comparative Perspective
A rigorous comparative-historical analysis of how co-operative enterprises in different national contexts, this book deploys two different variants of the new institutionalism. Spicer treats the US as a central case of comparative failure, as contrasted to three rich democracies where the co-operative business model has been more successful: Finland, France, and New Zealand.
Principles of European Cooperative Law
The Principles of European Cooperative Law (PECOL) focus on the "ideal" legal identity of cooperatives. Drafted by a team of legal scholars, the PECOL aim to describe the common core of European cooperative law. They are based on both existing cooperative law in Europe and the EU regulation on the societas cooperativa europaea. The Principles are accompanied by commentaries which illustrate the rationale and legislative background of each principle, and link them to the key features of co-operative identity. The PECOL are articulated into five chapters corresponding to the main aspects around which a cooperative's identity may be structured, namely the purpose pursued, internal governance, financial structure, external control and cooperation among cooperatives. The second part of the book presents the national reports upon which the PECOL were based. The reports offer a detailed overview of the cooperative law of seven European jurisdictions (Finland, France, Germany, Italy, Portugal, Spain, and the UK), and thus provide a unique opportunity for law-makers, practitioners and researchers to compare, circulate and apply best practices of cooperative legislation --Back cover.
Local Economic and Employment Development (LEED) Designing Legal Frameworks for Social Enterprises Practical Guidance for Policy Makers
Based on consultations with more than 80 experts, policy makers and stakeholders from 10 European countries, this manual explains the rationale behind legal frameworks for social enterprises, identifies the critical factors for legal framework design and recommends actions to ensure legislation fully meets the needs of social enterprises. It lays out the fundamental steps related to the life cycle of legal frameworks and provides options that policy makers can use in the design and implementation process.
The Agricultural Cooperative in the Framework of the European Cooperative Society
This book assesses the Statute for a European Cooperative Society (SCE) regarding agricultural activities by comparing how specific questions arising in this context must be dealt with under the Italian and Austrian legal systems. In this regard, Council Regulation (EC) No. 1435/2003, of 22 July 2003, on the Statute for a European Cooperative Society (SCE), is used as a tool for the structured analysis of various aspects of agricultural cooperatives. However, a comparison is only meaningful if the results are made comparable on the basis of a previously defined standard. Accordingly, the study uses, on one hand, a cooperative model developed by European legal scholars that defines general guidelines on how cooperatives should function (PECOL). On the other, the results are presented in connection with economic considerations to discuss how efficient rules can be developed.
