The Law and Governance of Decentralised Business Models
The Law and Governance of Decentralised Business Models

Author: Roger M Barker

Publisher: Routledge

Published: 2020-12-30

Total Pages: 234

ISBN-13: 100032964X

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This book draws together themes in business model developments in relation to decentralised business models (DBMs), sometimes referred to as the ‘sharing’ economy, to systematically analyse the challenges to corporate and organisational law and governance. DBMs include business networks, the global supply chain, public–private partnerships, the platform economy and blockchain-based enterprises. The law of organisational forms and governance has been slow in responding to changes, and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon of decentralised business models driven by transformative technology and new socio-economic dynamics. They argue that principles underlying the law of organisations and governance, such as corporate governance, are crucial to constituting, facilitating and enabling reciprocality, mutuality, governance and redress in relation to these business models, the wealth-creation of which subscribes to neither a firm nor market system, is neither hierarchical nor totally decentralised, and incorporates socio-economic elements that are often enmeshed with incentives and relations. Of interest to academics, policymakers and legal practitioners, this book offers proposals for new thinking in the law of organisation and governance to advance the possibilities of a new socio-economic future.

Technology and Corporate Law
Technology and Corporate Law

Author: Godwin, Andrew

Publisher: Edward Elgar Publishing

Published: 2021-08-27

Total Pages: 368

ISBN-13: 1800377169

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In light of the overwhelming impact of technology on modern life, this thought-provoking book critically analyses the interaction of innovation, technology and corporate law. It highlights the impact of artificial intelligence and distributed ledgers on corporate governance and form, examining the extent to which technology may enhance or displace conventional theories and practices concerning corporate governance and regulation. Expert contributors from multiple jurisdictions identify themes and challenges that transcend national boundaries and confront the international community as a whole.

Digital Assets and the Law
Digital Assets and the Law

Author: Filippo Zatti

Publisher: Taylor & Francis

Published: 2024-02-22

Total Pages: 265

ISBN-13: 1003853323

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This book delves into the intricacies of digital assets. With the increasing reliance on crypto and the potential adoption of digital currencies by central banks, our monetary system is at a critical point. The importance of taking the next step has become even more stringent, as evidenced by this systematic scientific reconstruction. Divided into five concentric parts, the book starts with a historical, technical and financial introduction to digital assets. It then explores the changing role of central banking and monetary economics in the upcoming era. Finally, it focuses on the broad legal issues arising from the new digital landscape, not shying away from exploring forward-thinking solutions and policies for the future. With the contributions of prominent international experts in the field, this collection supplies a transdisciplinary analysis based on the belief that complex phenomena can only be handled by complex solutions. This groundbreaking work aims to be more than just an academic treatise; it is a must-read for students, scholars, financial professionals, and all those who want to understand the emerging digital currency reality that many have yet to fully recognise.

Intermediaries in Commercial Law
Intermediaries in Commercial Law

Author: Paul S Davies

Publisher: Bloomsbury Publishing

Published: 2022-09-08

Total Pages: 421

ISBN-13: 1509949119

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This book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.

Research Handbook on Corporate Liability
Research Handbook on Corporate Liability

Author: Martin Petrin

Publisher: Edward Elgar Publishing

Published: 2023-08-14

Total Pages: 501

ISBN-13: 1800371284

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This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, to the key areas of liability in practice. Interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on vicarious liability in tort and its application to corporations, and accountability for AI labour.

Rethinking Law, Regulation, and Technology
Rethinking Law, Regulation, and Technology

Author: Brownsword, Roger

Publisher: Edward Elgar Publishing

Published: 2022-03-04

Total Pages: 272

ISBN-13: 1800886470

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This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.

Corporate Governance and Statutory Derivative Actions
Corporate Governance and Statutory Derivative Actions

Author: Lang Thai

Publisher: Taylor & Francis

Published: 2023-09-22

Total Pages: 240

ISBN-13: 1000958558

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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.

Decentralizing Governance
Decentralizing Governance

Author: G. Shabbir Cheema

Publisher: Brookings Institution Press

Published: 2007-08-01

Total Pages: 338

ISBN-13: 0815713908

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A Brookings Institution Press and Ash Center for Democratic Governance and Innovation publication The trend toward greater decentralization of governance activities, now accepted as commonplace in the West, has become a worldwide movement. This international development—largely a product of globalization and democratization—is clearly one of the key factors reshaping economic, political, and social conditions throughout the world. Rather than the top-down, centralized decisionmaking that characterized communist economies and Third World dictatorships in the twentieth century, today's world demands flexibility, adaptability, and the autonomy to bring those qualities to bear. In this thought-provoking book, the first in a new series on Innovations in Governance, experts in government and public management trace the evolution and performance of decentralization concepts, from the transfer of authority within government to the sharing of power, authority, and responsibilities among broader governance institutions. This movement is not limited to national government—it also affects subnational governments, NGOs, private corporations, and even civil associations. The contributors assess the emerging concepts of decentralization (e.g., devolution, empowerment, capacity building, and democratic governance). They detail the factors driving the movement, including political changes such as the fall of the Iron Curtain and the ascendance of democracy; economic factors such as globalization and outsourcing; and technological advances (e.g. increased information technology and electronic commerce). Their analysis covers many different contexts and regions. For example, William Ascher of Claremont McKenna College chronicles how decentralization concepts are playing out in natural resources policy, while Kadmeil Wekwete (United Nations) outlines the specific challenges to decentralizing governance in sub-Saharan Africa. In each case, contributors explore the objectives of a decentralizing strategy as well as the benefits and difficulties that will likely result.

Small and Medium Enterprises, Law and Business
Small and Medium Enterprises, Law and Business

Author: Jan Winczorek

Publisher: Taylor & Francis

Published: 2023-06-23

Total Pages: 239

ISBN-13: 100089259X

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The law plays an ambiguous role in running business. While legal tools can be used to tame uncertainties, for example, by concluding contracts to safeguard enforcement of future claims, they can also generate uncertainty. These secondary uncertainties like ones stemming from vague rights and obligations may be counterbalanced by using different resources and strategies, including acting informally, modifying business plans or accepting the losses from unpaid dues. This book discusses how small and medium enterprises use the law, abstain from using the law, and use alternative pathways to manage business uncertainties. Examining these topics through the lenses of an extensive qualitative and quantitative empirical study on justiciable issues, access to justice and legal uncertainty among SMEs in Poland, it implements and expands upon the paradigmatic paths to justice methodology which has been successfully used to study conflict resolution, access to justice and utilisation of the law by individuals in more than 30 jurisdictions. It argues that the grand promise of modern law - that it is a certainty-providing, neutral and democratic device to resolve problems and conflicts - is not fully delivered. It reveals how the conditions of a freshly developed capitalism combined with the rule of law backsliding contribute to universal, structural problems with access to justice meaning that accessing justice is a resource-hungry process, which incentivises small businesses to settle for their legal problems and engage in informal and alternative strategies.

Corporate Law and Climate Change
Corporate Law and Climate Change

Author: Andrew Clarke

Publisher: Taylor & Francis

Published: 2024-08-26

Total Pages: 189

ISBN-13: 104012609X

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This book provides an analysis of the impact of the climate crisis on corporate law and theory in the coming decades as the world seeks to meet the target of net zero carbon emissions by 2050. Net zero targets are a particular challenge for an economy such as Australia which has a historical reliance on fossil fuels, and powerful interests arguing for the continued use of coal and gas. The book examines four recent corporate case studies in Australia. The first two follow the Adani group of companies and coal in Queensland and Rio Tinto and the destruction of ancient rock shelters in the midst of iron ore mining in WA. The book then covers the pension fund member Mark McVeigh, issuing proceedings against REST super in relation to long-run investment decisions and the need to take into account climate risk. Finally, it discusses Sharma, a representative action taken by school children against the Federal government in relation to expansion plans in relation to fossil fuels alleging breach of the duty of care. These case studies highlight some of the key trends and challenges in the intersection between corporate activity and the need to account for climate risk and adaptation, with Australia as a G20 economy having much to contribute to the global debate. The book will be of interest to students and researchers in the field of climate and environmental law, as well as corporate law and theory.