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Extracts and evaluates the core principles of corporate governance. Gives context to the principles through discussions and explanations from selected case studies and real life examples of corporate governance.
Thanks to the rise of mutual funds and retirement plans, the actual owners of the world’s corporate giants are no longer a few wealthy families. Rather, they’re the huge majority of working people who have their pensions and life savings invested in shares of today’s largest companies. These grassroots owners have ideas about value that differ from those of tycoons or Wall Street traders. And corporate directors and executives are coming under increasing pressure to respond. The New Capitalists provides examples—from GE to Disney to British Petroleum—of enterprises whose shareholders have recently wielded their control in ways unimaginable just several years ago. Authors Stephen Da...
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Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation.
Challenging current attitudes to governance and regulation in business, this timely book ascertains how regulatory approaches can innovate to ensure sustainable business that contributes to social justice for current and future generations within ecological limits.
This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.
The efficiency, safety, and soundness of financial markets depend on the operation of core infrastructure--exchanges, central counter-parties, and central securities depositories. How these institutions are governed critically affects their performance. Yet, despite their importance, there is little certainty, still less a global consensus, about their governance. Running the World's Markets examines how markets are, and should be, run. Utilizing a wide variety of arguments and examples from throughout the world, Ruben Lee identifies and evaluates the similarities and differences between exchanges, central counter-parties, and central securities depositories. Drawing on knowledge and experie...
The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
This collection of essays describes and analyzes the legal regimes governing directors' liability for corporate fault and default across eleven important trading jurisdictions.
This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the UK, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a twenty-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia’s statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book provides insights and suggestions for lawmakers, litigation practitioners and researchers worldwide in reforming their existing model.