The uniqueness of this book is its conceptualization of a corporate group as a system of interaction, comprised of nodes, links and internal governance tools. This framework can be used to understand what constitutes a group, based on affiliation-linkages. By increasing our perception of group-structuring we can assess the extent to which existing laws address all variables. If the law does not consider certain variables to be used for identifying groups, a case of shadow business may be identified. Group-transparency is a recurring topic on the regulatory agenda. In this book, three legal domains are analysed questioning whether specific amendments have led to increased group-transparency: the control-definition for consolidated accounts, shareholder-transparency in company law, and major holding disclosure in listed companies. This book identifies deficiencies of the law in obtaining its regulatory objective of group-transparency, and proposes an interpretative solution based on Systems Thinking.
Since the 2008 Global Financial Crisis the prevailing economic development model based on an assumption of unlimited resources and, therefore, unlimited growth has been increasingly put into question by academics, policy-making agencies and even industry leaders themselves. Climate change, general environmental and natural resource degradation, widespread inequalities, and systemic governance failures are pressing capitalism to renew itself to deliver sustainable outcomes for a broader base of stakeholders. This has become known in more practical terms as the ESG (Environmental, Social and Governance) and responsible investment movements. The pressure to change how we organise ourselves as societies and economies has implications for how large and small corporations, public or private, are governed and to the benefit of whom. This Handbook offers a rare combination of pluralistic and multidisciplinary perspectives from law, economics, finance and management, as well as an interesting mix of latest academic thinking and practical recommendations on ESG for boards and executive teams. Should companies be governed and managed for the benefit of their shareholders alone? Can companies be governed to deliver for shareholders as well as the broader stakeholder base? How can investors allocate capital to advance sustainability? Part I provides a pluralistic discussion of some of these fundamental questions besetting academics and practitioners alike while Part II examines recent regulatory developments and assesses what may need to change in terms of law and regulation to both hold companies to account for sustainability while enabling them to continue to provide vital goods and services. Part III of the book discusses how the different types of companies and investors are currently facing the sustainability imperative and incorporating ESG factors on how they operate and invest. The concluding chapter provides an overview of the key regulatory, ecosystem and board-level gaps that require urgent and decisive action.
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 comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.
The European Union Treaty after Lisbon emphasises the overarching objectives of sustainable development and a highly competitive social market economy, aiming at full employment, high levels of environmental protection and social progress. Yet, in 2022, it is clear that these ambitions have not been fully achieved. The ongoing pandemic, the continuing fall-out from Brexit and the resulting economic damage, a Grexit avoided, and potential other exits from the EU, have come to undermine the political consensus of the idea of a European Union. Amidst these challenges, the debates on how to achieve the UN Sustainable Development Goals have turned towards demanding more sustainable economic policies, financial investments and business actions. The present volume provides a much-needed space for in-depth discussion of the concept of sustainable value creation and how it can be achieved within the ecological limits of our planet, through the prism of an interdisciplinary concept of sustainability.
This volume brings together contributions from women business scholars from a range of disciplines and countries. The starting point was a collaborative research meeting organised by Daughters of Themis: International Network of Female Business Scholars in June 2017. The volume highlights the difficulties and the possibilities that lie in working together across disciplines with the aim of achieving corporate sustainability. The volume is written from the perspective of women business scholars, thereby offering outside viewpoints in fields that still are very much dominated by men, and fresh insights and innovate ideas. In three main parts, the authors address the need for interdisciplinarity in research to identify ways to ensure the contribution of business to sustainability, showcasing a number of theoretical and applied approaches for researching sustainable business. The volume ‘s introductory chapter situates the volume in discourses of sustainability and corporate sustainability. It presents the Daughters of Themis Network and provides a short description of the successive eleven chapters. In Part I, Reflections, contributors discuss the significance of interdisciplinary research, how to work across disciplines, as well as the challenges of doing so. In Part II, Theory, contributors discuss theoretical and methodological aspects of interdisciplinary research. Part III presents the Practice of interdisciplinary research. In the introductory chapter, the editors reflect on the insights that can be drawn out of the contributions, and discuss the potential for future developments of interdisciplinary research for sustainability, as well as how interdisciplinary research can be communicated. The book is intended for business scholars, and will particularly appeal to those working in law, accountancy and finance, management, and organization studies.
This is the long-awaited third edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively revised and updated to reflect the profound changes in corporate law and governance practices that have taken place since the previous edition. These include numerous regulatory changes following the financial crisis of 2007-09 and the changing landscape of governance, especially in the US, with the ever more central role of institutional investors as (active) owners of corporations. The geographic scope of the coverage has been broadened to include an important emerging economy, Brazil. In addition, the book now incorporates analysis of the burgeoning use of corporate law to protect the interests of "external constituencies" without any contractual relationship to a company, in an attempt to tackle broader social and economic problems. The authors start from the premise that corporations (or companies) in all jurisdictions share the same key legal attributes: legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems: those between managers and shareholders as a class; controlling shareholders and minority shareholders; and shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, The Anatomy of Corporate Law illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, the book highlights the many commonalities across jurisdictions and reflects on the reasons why they may differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, protection of external stakeholders, relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets. The Anatomy of Corporate Law has established itself as the leading book in the field of comparative corporate law. Across the world, students and scholars at various stages in their careers, from undergraduate law students to well-established authorities in the field, routinely consult this book as a starting point for their inquiries.
Raymond John Chambers was born just over a century ago on 16 November 1917. It is more than fifty years since his first classic, Accounting, Evaluation and Economic Behavior, was published, more than forty since Securities and Obscurities: Reform of the Law of Company Accounts (republished in 1980 as Accounting in Disarray) and over twenty since the unique An Accounting Thesaurus: Five Hundred Years of Accounting. They are drawn upon extensively in this biography of Chambers’ intellectual contributions, as are other of his published works. Importantly, we also analyze archival correspondence not previously examined. While Chambers provided several bibliographical summaries of his work, without the benefits of reviewing and interspersing the text with correspondence materials from the Chambers Archive this study would lack an appreciation of the impact of his early childhood, and nuances related to his practical (including numerous consultancies) and academic experiences. The ‘semi-biographical narrative’ codifies article and editorial length exercises by the authors drawing on parts of the archive related to theory development, measurement and communication. Other parts are also examined. This allows us to respond to those critics who claim his reforms were naive. They further reveal a man of theory and practice, whose theoretical ideas were solidly grounded on observations from his myriad interests and experiences. Many of his practical experiences have not been examined previously. This approach and the first book-length biography differentiates this work from earlier analyses of Chambers’ contribution to the accounting literature. American Accounting Association’s 2021 Thomas J. Burns Biographical Research Award winner, this book provides evidence to support the continued push for the reforms he proposed to accepted accounting thought and practice to ensure accounting is the serviceable technology so admired by Pacioli, Da Vinci and many other Renaissance pioneers. It will be of interest to researchers, educators, practitioners and regulators alike.
Starting from a discussion of the theoretical underpinning of the place companies occupy in society, this book explores the consequences of adherence to free market contractualist theory, including the lack of regulatory control of a sufficiently robust nature. Professor Dine comments on the absence of a concept of governance of groups from a comparative perspective and considers the consequences of this absence for the conflict of laws. In particular, she highlights the tragic consequences of globalization by transnationals including polarization of income and environmental damage, and suggests a possible legal framework to prevent future damages.
This book on INNOVATIVE MANAGEMENT authored by Prof J.A.Kulkarni is a thorough and well written book with adequate concepts clarity and consistent approach on global business management with comprehensive treatment of major aspects of organisational appraisals, business Complexity Management and simplified approach to Strategic Management Concepts and practices. This is a very useful book a real help for academic institutions, faculty and students of business management as also equally interesting , important and essential read for industry executives , consulting globe trotters. The case studies on contemporary globalised business management would keep the reader glued to this book in search for issue resolutions to similar situations in real life.
