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JournalISSN: 1085-5718

Berkeley Journal of International Law 

About: Berkeley Journal of International Law is an academic journal. The journal publishes majorly in the area(s): International law & Human rights. It has an ISSN identifier of 1085-5718. Over the lifetime, 376 publication(s) have been published receiving 4092 citation(s). The journal is also known as: BJIL.

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Abstract: In recent years many indigenous corporate social responsibility (CSR) initiatives have emerged in China. The Chinese CSR initiatives include laws and regulations, governmental instructions and guidelines, non-governmental standards and organizations. The recent growth of the Chinese CSR initiatives deserves an analysis of the CSR development in China, especially given that China's international image is usually associated with human rights abuses, substandard products, sweatshops, and serious environmental pollution. How sincere and serious are the Chinese CSR measures? Are they simply window dressing or is there any real structural change? This Article overviews major Chinese CSR initiatives and analyzes the Chinese CSR development from the perspectives of the historical and ideological foundations, instrumental motivations, and institutional environments in China.

220 citations

Journal ArticleDOI
Abstract: The last decade witnessed explosive developments in efforts to impose criminal responsibility on leaders and others responsible for the most serious international crimes committed during periods of armed conflict or mass violence. One of the most revolutionary advances in these efforts has been in redressing crimes committed disproportionately against women and girls, particularly rape and sexual slavery. Laws prohibiting wartime sexual violence languished ignored for centuries, so the recent progress in prosecuting various forms of gender-related crimes is unparalleled in history and has established critical precedential authority for redressing these crimes in other fora and conflicts. While the post-World War II trials held in Nuremberg and Tokyo largely neglected sexual violence, the Yugoslav and Rwanda Tribunals have successfully prosecuted various forms of sexual violence as instruments of genocide, crimes against humanity, means of torture, forms of persecution and enslavement, and crimes of war. The Tribunal Judgements have compellingly verified that warring parties use sexual violence as a mighty instrument of war and an illicit weapon that causes extensive terror and devastation throughout the enemy group. Not only are rape crimes increasingly committed systematically, but they also continue to be routinely committed opportunistically, essentially because the atmosphere of war and the violence it engenders creates the opportunity. Whether organized or random, orchestrated or opportunistic, sexual violence generates mass terror, panic, and destruction. This article first reviews the historical development of international laws most relevant to women during periods of war or mass violence, particularly interna-

140 citations

Journal ArticleDOI
Abstract: Globalization represents the reality that we live in a time when the walls of sovereignty are no protection against the movements of capital, labor, information and ideas—nor can they provide effective protection against harm and damage.1 This declaration by Judge Rosalyn Higgins, the former President of the International Court of Justice, represents the conventional wisdom about the future of global governance. Many view globalization as a reality that will erode or even eliminate the sovereignty of nation-states. The typical account points to at least three ways that globalization has affected sovereignty. First, the rise of international trade and capital markets has interfered with the ability of nation-states to control their domestic economies.2 Second, nation-states have responded by delegating authority to international organizations.3 Third, a “new” international law, generated in part by these organizations, has placed limitations on the independent conduct of domestic policies.4

125 citations

Journal ArticleDOI
Abstract: In the post-Enron years, corporate governance has shifted from its focus on agency conflicts to address issues of ethics, accountability, transparency, and disclosure. Moreover, Corporate Social Responsibility (CSR) has increasingly focused on corporate governance as a vehicle for incorporating social and environmental concerns into the business decision-making process, benefiting not only financial investors but also employees, consumers, and communities. Currently, corporate governance is being linked more and more with business practices and public policies that are stakeholder-friendly. This article examines these developments and their impact on the formulation of a hybridized body of business legal norms by proceeding in three stages: First, the article explores the recent transformations in the regulation of corporate governance and corporate social responsibility and the shifts these two fields have experienced after Enron. Second, it reads these transformations as a convergence that encompasses both corporate self-regulation and the efforts by various social groups to make it more effective ('meta-regulation'). Third, the article discusses the prospects and challenges of this convergence by outlining a series of conceptual and methodological inquiries as well as policy ramifications to be pursued by scholars and practitioners in the field of law and corporate conduct.

125 citations

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