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Professor Janet Dine, LLB, PhD (London), AKC

Janet

Professor Emerita

Email: j.m.dine@qmul.ac.uk
Telephone: +44 (0)20 7882 8209
Room Number: Lincoln's Inn Fields

Profile

Janet Dine is Professor of International Economic Development Law at Queen Mary University of London and was Director of the Centre for Commercial Law Studies from 2005-2008.

Professor Janet Dine qualified as a barrister in 1973 and practiced at the English Bar dealing with criminal and commercial cases. In 1978 she became a lecturer at King's College London until she became a Reader at the University of Essex in 1992.

In 1990 she was appointed legal advisor on the European Company Statue in the House of Lords’ Committee on the European Communities.

From 1992-2001 she was appointed by the UK Treasury as a Commissioner for Friendly Societies.

In 1991 Janet Dine introduced a new Section for the Gore Browne Company Law Publications focused exclusively on the EU Company Law. She published the first edition in 1991; the series in question continues to run very successfully up to now.

As Reader at the University of Essex in 1992 she worked with the Head of the Law Department to promote teaching excellence when the Higher Education Funding Council for England (HEFCE) awarded an ‘excellent’ grade for the department’s teaching.

She was promoted to a Chair at Essex and was Head of the Law School from 1994 until 1997. She promoted real scholarship in the department and significantly enhanced its research culture and output. The School advanced from an REF grade of 3 to 5.

Her research at that point focused on the operation of transnational corporations and Groups of Companies and she published the monograph: The Governance of Corporate Groups, Cambridge University Press 2000.

In 2002 Janet took an MA in Theology and Society at the University of Essex further broadening her scholarship and became fascinated with the imbalance between individuals, states and powerful companies.

In 2005, she published another monograph with Cambridge University Press named Company, International Trade and Human Rights, CUP, 2005.

Janet was awarded a British Academy Grant to visit Barbados and Mauritius to research the sugar industry from the time of slavery to the time of the WTO agreements (1995) and the The European Partnership Agreements (EPAs).

These EPAs are also the focus of a conference in Jamaica 2015 where she will present  the paper: The Global Context of Commonwealth Caribbean Corporate Governance later to be published in Suzanne Ffoakes-Goldson Commonwealth Caribbean  Corporate Governance, Routledge, 2015.

Human Rights and international trade law were the focus of her edited book Human Rights and Capitalism, Edward Elgar 2006 with Andrew Fagan. She details the lack of accountability for Human Rights violations by MNEs and analyses the tensions between property rights and Human Rights.

Poverty, international trade and power issues run through her work so she submitted a proposal to AHRC with Professor Granville in the same area which received a funding of £300,000; the projects was on ‘The Fairtrade  Movement: legal support and social implications’. One outcome of the AHRC project was publishing a book entitled: The Processes practices of Fairtrade: Thrust, Ethics and Governance (edited) with Brigitte Glanville.

In 2005 she was appointed as the Director of the Centre of Commercial Law Studies at Queen Mary University of London. During her term she planned the new Queen Mary LLM programme, found the Lincoln’s Inn Fields location for the CCLS and improved the staff gender balance and diversity.

In 2003 she was appointed as a commercial law expert in a project funded by the World Bank, the EU and the Deutsche Gesellschaft fuer Internationale Zusammenarbeit (GIZ) GmbH which was aiming at assisting the Balkan states to join the EU. She drafted laws and advised governments in Kosovo, Serbia, Montenegro and Albania to align their law with the EU acquis communautaire.

With Michael Blecher she drafted “Albanian Law 9901 on Entrepreneurs and Companies” of 14 April 2008.

The drafting process was complex because many Albanian business men, lawyers, government officials and Union representatives were not well versed in commercial law and the language barriers were great. The Albanian project is ongoing involving amendments of the Law because of new EU Directives and a new edition of the Commentary on the Law. She also trained the Albanian Judges about the company Law.

The Work on the Balkans led to her co-authored book Company Law in the New Europe: The EU Acquis, Corporate Methodology and Model Law, Edward Elgar, 2007 with Michael Blecher and Marios Koutsias.

She published another monograph in 2013, The Nature of Corporate Governance: the Significance of National Cultural Identity, Edward Elgar, on comparative corporate governance; the latter argued that the neo-liberal economic model of corporate governance is dangerous leading to selfishness, human rights violations, huge inequality and a environmental catastrophe for the planet.

This theme will be further explored in her forthcoming book Interrogating Growth: The Inefficiency Principle, Edward Elgar, 2016. In this book she will argue that rationality is not the complete answer to a just society metaphysical philosophy has a particular resonance.

She is an active member of a number of networks including one on the UN effect of foreign debt and other related international financial obligations and human rights. She is a member of a European funded project on close companies  (‘Work Close Corporation in Europe’ funded by ‘ El Tratamiento de las sociadades decapital cerradas en la evolucion legislative de la Union Europea y de las legislaciones nacionales de los Estados miembros - Ref DER2010-21436); International Corporate Governance & Law and  Global network for the Study of Human Rights and the Environment. With this network Edward Elgar publishes the journal of Human Rights and the Environment which she contributes to; and published “Jurisdictional Arbitrage by Multinational companies”, Journal of Human Rights and the Environment, Vol 3 No March 2012.

She is a member of the Food System Academy, sponsored by the Rowntree Foundation and recently a recorded a talk about MNEs and the impact in the food chain.

In 2015, Janet is applying to research Community Interest Companies, similar entities in the EU and comparing then with Benefit Corporations in the USA. She will submit the proposal to the ESRC and the ERC.

Research

Research Interests:

Janet's current research concerns the interaction of human rights law and international trade law.

Publications

Download Janet Dine's CV [PDF 155KB]

Selected Publications

Books/Monographs (as author and co-authored)

Textbooks

  • Company Law, publishers Palgrave (with Marios Koutsias) 8th Edition 2014
  • Textbook on Company Law, Sweet & Maxwell, 2001
  • 1998 Cases and Materials on Criminal Law, Blackstones, 1993 jointly with Professor Jim Gobert 2006 (with William Wilson)
  • 1985 Cases and Materials on the Theft Acts, publishers Financial Training Ltd. (pp 219).

Contributions to Books: Edited books and Chapters in Edited books by other authors

  • 2015 Forthcoming: “The Global Context of in Commonwealth Caribbean Corporate Governance” in Commonwealth Caribbean Corporate Governance, Suzanne Ffoakes Goldson, Routledge
  • 2008 “Corporate Social Responsibility: Do Corporations have to trade fairly? Can the Fairtrade movement deliver the duty? In Perspective on Corporate social Responsibility, Co-Author Kirsteen Shields, Nina Boeger, Rachel Murray and Charlotte Viliers (eds) Edwards Elgar, Cheltenham 2008
  • 2007 “The IMF and its relation to private banks: Risk Free Banking? In s. Macleod (ed) Global Governance and the Quest for Justice, Hart Publishing, Oxford, 221-237
  • 2006 Annual updates Gore Brown on Companies, Part VIII: till 2006
  • 2006 “La Estructura de Gobierno de las Sociedades Cotizadas en el Reino Unido” in Derecho de Sociedades Anonimas Cotizadas Tomo 1 co-author Charlotte Villiers, pp135-184, Thompson, Nevarra, 2006 ISBN 84-9767-424-3
  • 2006 “Political and Economic Conditions for Commercial and Company Law Drafting in Transition and Developing Countries” in Law and Economy Number 5-8/2006 31-54 YU ISSN 0354-3501, University of Belgrade Press
  • 2006 Registration of Companies in the context of EC Company Law in Manual in European Integration C. Stefanou and H. Xanthaki (eds) DFID, 2005
  • 2006 Registration of Companies in the context of EC Company Law in Manual in European Union Approximation, C. Stefanou and H. Xanthaki (eds) Department for International Development, 2005
  • 2004 “Criminal Law and the Privilege Against Self-Incrimination” in the EU charter of fundamental rights; politics, law and policy S. Peers and A. Ward (eds) Hart Publishing 269-286
  • 2003 “Property Rights, International Trade and Human Rights” in New Perspectives on Property Law, Obligations and Restitution, A. Hudson (ed), Cavendish Publishing, 2003
  • 2002 “The Protection of Minority Shareholders” in Studies in UK Law, J. Bell (ed) UK Comparative Law Series, Vol 1 2002 245-279
  • 2001 “The Law Commission Report: Sweeping the real issues under the Carpet” in B.Rider (ed) Developments in European Company Law 3, Kluwer 2001
  • 2000 “The Regulation of Derivatives: Identifying Difficulties and Creating Models of Regulation” in A. Hudson (ed) Modern Financial Techniques, Derivatives and Law, Kluwer, 2000
  • 1999 “Companies and Regulations: Theories, Justifications and Policing” in D. Milman (ed) Regulating Enterprise Hart, 1999
  • 1999 “Human Rights and Company Law” in M. Addo (ed) Human Rights Standards and the Responsibility of Transnational Corporations, Kluwer 1999
  • 1998 “Principles of Corporate Governance in Publicly Held Corporations: The UK”, with S. Leader in A. Pinto and G. Visentini (eds) Principles of Corporate Governance in Publicly Held Corporations: A Comparative Analysis, Kluwer 1998
  • 1997 “The Framework Thirteenth Directive on Takeovers-The protection of Shareholders and the Basis of Judicial Review of the Panel” in B. Rider and M. Andenas (ed) Developments in European Company Law, Vol I, Kluwer 1997
  • 1997 State Control, Share Ownership and Worker Participation in E. Kirchner and K. Wright Security and Democracy in Transitional Societies
  • 1996 Editor (with R.A Watt) “Discrimination Law; Concepts, Limitations, Justifications,” London, Longmans
  • 1995 “European Foundations” in Rider and Ashe (ed). The Fiduciary, the Insider and Conflict. Brehon, 1995. (pp 1-15)
  • 1995 Private Property and Corporate Governance, Part II. Content of Director’s Duties and Remedies in Patfield ed Perspectives on Company Law I. Kluwer, 1995.(pp 115-135)
  • 1995 The Role of the Non-Executive Director in S. Sheikh (ed) Corporate Governance and Corporate Control. Cavendish, 1995. (pp 199-213)
  • 1995 “EC Company law and Worker : Rights in the European Union” in Mayes (ed) Evolution of Rules for a Single European Markets, European Commission, 1995. (pp 115-126)
  • 1993 The European Economic Interest Grouping and the European Company Statute: New Models for Company Law Harmonisation in M. Andenas and Kenyon Slade (ed) EC Financial Market Regulation and Company Law. Sweet and Maxwell, 1993)
  • 1993 Wrongful Trading -quasi- Criminal Law in H. Rajak (ed): Insolvency Law: Theory and Practice. London, Sweet and Maxwell, 1993
  • 1987 Burdens of Proof edited by Professor Kiralfy. Chapters on Criminal Law and Company by J. Dine. (pp 12-78 and 152-173). Published by Professional Books Ltd.

Articles

  • 2014 Stopping Jurisdictional Arbitrage by Multinational Companies: A National Solution”, European Company Law, Volume 11, issue 2, 2014
  • 2014 Forthcoming: “Corporate regulation, climate change and corporate law: challenges and balance in an international and global world”, article for: European Business Law Review, Wolters Kluwer, forthcoming 2014.
  • 2014 Multinational Companies ad the Allocation of Environmental Risk in International Investment Treaties, Business Law Review, September/October 2014, pages 157-176
  • 2014 “Stopping Jurisdictional Arbitrage by Multinational Companies: A National Solution” European Company Law 2014, issue 2nd April, Wolter Kluwer 2014.
  • 2012 Jurisdictional Arbitrage by Multinational companies. Journal of Human Rights and the Environment, Vol 3, No. March 2012, pp 44-69
  • 2008 “Fairtrade and Reflexive Democracy" with Kirsteen Shields, in European Business Organisation Law Review, Vol. 9, Issue 2
  • 2008 Democratization: The contribution of the Fair Trade and Ethical Trading Movements 2008 Vol 15 Indiana Journal of Global Legal Studies 177-212
  • 2007 “The Capture of Corruption:Complexity and Corporate Culture” 2007 Global Business and Development Law Journal, Vol 20 1-26
  • 2006 Drafting Company Law in transition economies 2006 2 Journal of Comparative Law 104-123
  • 2006 Executive pay and Corporate Governance in the UK: Slimming the Fat-Cats? (2006) European Company Law Vol 3, issue 2 75-85 (folio)
  • 2004 EI FMI y su relacion con los bancos privados:/banca sin riegos? 2004 No 5 Foro de Derecho Mercantil 114-146
  • 2004 Derech Al Comercio o imposicion del libre Mercado? (2004) Mayo-Agosto Reglones 25-33
  • 2003 A New Look at Corporate Governance (2003) 24 Company Lawyer 130
  • 2003 Transplantation for Transition – discussion on a concept around Russian reform of the law on reorganisation (2003) Legal Studies 284-310, co-author Frederique Dahan
  • 2001 Risks and Systems: A New Approach to Corporate Governance and the European Consultation Structures (2001) International and Comparative Corporate Law Journal 299-313
  • 2000 Human Rights, Company and Trade Law (2001) Turku Law Journal 3-18
  • 2001 The proper treatment of employees: the European and human rights challenge (2000) Company Lawyer 45
  • 2001 Multinational Enterprises: International codes and the challenge of ‘Sustainable Development’(2001) Non-State Actors and International Law 81-106
  • 1999 Fiduciary Duties as Default Rules, European influences and the need for caution in the use of Economic Analysis (1999) Company Lawyer 117
  • 1999 Implementation of European Initiatives in the UK: The Role of Fiduciary Duties (1999) Company Financial and Insolvency Law Review 218-234
  • 1998 The transmission of disease during consensual sexual activity and the concept of associative autonomy [1998] (4) Web JCLI
  • 1998 Company Law Developments in the European Union and the United kingdom: Confronting Democracy (1998) Journal of South African Law 246
  • 1998 The Comprehensive Review of Company Law: The consultative Document (1998) Company Lawyer 82
  • 1997 with J DuPlessis The Fate of the Fifth Directive on Company Law: Accommodation instead of Harmonisation (1997) JBL 23
  • 1995 Why Not Employee Participation in the European Context? Co Lawyer 16:2, 1995. (pp 44-50)
  • 1995 Sexual Harassment : Moving away from Discrimination. Modern Law Review 58. 1995. (pp 343-63). Co-author R.A. Watt
  • 1994 The Governance of Governance. Company Lawyer 15:3, 1994. (pp 73-79). Co-Author Fernne Josiah Brennan
  • 1994 Punishing Directors. Journal of Business Law 1994. (pp 325-337)
  • 1994 Sexual Harassment : Hardening the Soft Law. Jointly with R.A. Watt, 1994. ELR 104
  • 1993 Implementation of the EC Insider Trading Directive in the UK. 14 Company Lawyer 61
  • 1993 European Community Criminal Law 1993. Crim LR 246
  • 1992 Fraud in the Company Content. 1992. Irish Criminal Law Journal 55
  • 1992 Proposals for an EC Bankruptcy Convention. 1992. Insolvency Law and Practice 178-180
  • 1992 Shareholders Remedies : Lessons from Canada. Jointly with Professor Brian Cheffins, University of British Columbia. 13 Co Law 89-95
  • 1992 Shareholders denied Voting Rights. 1992 Insolvency Law and Practice. (pp 150-151)
  • 1992 Self-Incrimination in Company Investigations - a Return to the Star Chamber. (1992) Insolvency Lawyer 3
  • 1992 The EEIG : Some Private International Law Issues. 1992. 13 Co Lawyer 10
  • 1991 The Proposal for a Thirteenth Directive on Takeovers. 1991. 12 Co Law 83
  • 1991 Disqualification of Directors. 1991. 12 Co Law 6
  • 1991 Registration of Company Charges. 1991. Bus Law Rev 31
  • 1990 The Community Law Harmonisation Programme - 1989 Yearbook of European Law. Oxford University Press
  • 1990 The European Company Statute. 1990. 11 Co Law 208
  • 1990 The European Community’s Company Law Directives - Changing the Balance of Power? 1990-91. K.C.L.J. 41
  • 1989 The Community Company Law Harmonisation Programme. 14 European Law Review. (pp 322-332)
  • 1989 Implications for the United Kingdom of the EC Fifth Directive. 1989. 38 ICLQ 547
  • 1989 Are Mareva Injunctions becoming Attachment Orders? Written jointly with John McAvoy, Attorney of New York. Civil Justice Quarterly. July 1989
  • 1989 Company law Directives : A Protective Proposal. 1989. 133 S.J. 30
  • 1988 Disqualification. 1988. 9 Co Lawyer 213
  • 1988 Disqualification Orders. 1988. 9 Co Law 97
  • 1988 Possible Changes in the Law of Prospectuses. 1988. 9 Co Law 79
  • 1988 Self-incrimination in relation to the Companies Act 1985. 1988 Business Law Review 83
  • 1988 Control of English Law over Foreign Companies. Journal of Business Law 77
  • 1988 Proposed Directive on Takeovers. 1988. 9 Co Law 56
  • 1988 Jurisdiction to wind up a Foreign Company. 1988. 9 Co Law 30
  • 1987 Intention : Hancock and History. 1987. Jo Crim Law 72
  • 1985 Fraudulent Intent and Consent in the Theft Acts. 1985. Jo Criminal Law 173
  • 1984 Company Controllers, Company Cheques and Theft. 1984. Criminal LR 397
  • 1984 Problems concerning Appropriation. 1984. JP 6
  • 1984 Problems with s.12 of the Theft Act 1968. 1985. JP 277
  • 1983 Choice of Law by Characterisation. 1983. Juridical Review 73
  • 1982 The Locality Rule in Admiralty Tort Jurisdiction. 1982. Jo. Legal History 246
  • 1980 Ascertainment of the Factual Basis for a Sentence following a Plea of Guilty. 1980. JP 426

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