To send content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about sending content to .
To send content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about sending to your Kindle.
Note you can select to send to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Private equity-backed companies are ubiquitous and economically significant. Consequently, the corporate governance of these companies matters to all of us, and – not surprisingly – is coming under increasing scrutiny. Simon Witney, a practicing private equity lawyer, positions private equity portfolio companies within existing academic theory and examines the laws that apply to them in the UK. He analyses the actual governance frameworks that are put in place and identifies problems created by the legal rules – as well as the market's solutions to them. This book not only explains why these governance mechanisms are established, but also what they are expected to achieve. Witney suggests that private equity owners have both the incentives and the capability to focus on responsible investment practices. Good governance, he argues, is a critical success factor for the private equity industry.
Modern corporations contribute to a wide range of contemporary problems, including income inequality, global warming, and the influence of money in politics. Their relentless pursuit of profits, though, is the natural outcome of the doctrine of shareholder primacy. As the consensus around this doctrine crumbles, it has become increasingly clear that the prerogatives of corporate governance have been improperly limited to shareholders. It is time to examine shareholder primacy and its attendant governance features anew, and reorient the literature around the basic purpose of corporations. This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise. Reconstructing the Corporation presents a new model of corporate governance - one that builds on the theory of the firm as well as a novel theory of democratic participation - to support the extension of the corporate franchise to employees.
Among our greatest leaders are those driven by impulses they cannot completely control - by lust. Lust is not, however, an abstraction, it has definition. Definition that, given the impact of leaders who lust, is essential to extract. This book identifies six types of lust with which leaders are linked: 1. Power: the ceaseless craving to control. 2. Money: the limitless desire to accrue great wealth. 3. Sex: the constant hunt for sexual gratification. 4. Success: the unstoppable need to achieve. 5. Legitimacy: the tireless claim to identity and equity. 6. Legacy: the endless quest to leave a permanent imprint. Each of the core chapters focuses on different lusts and features a cast of characters who bring lust to life. In the real world leaders who lust can and often do have an enduring impact. This book therefore is counterintuitive - it focuses not on moderation, but on immoderation.
Can private standards bring about more sustainable production practices? This question is of interest to conscientious consumers, academics studying the effectiveness of private regulation, and corporate social responsibility practitioners alike. Grabs provides an answer by combining an impact evaluation of 1,900 farmers with rich qualitative evidence from the coffee sectors of Honduras, Colombia and Costa Rica. Identifying an institutional design dilemma that private sustainability standards encounter as they scale up, this book shows how this dilemma plays out in the coffee industry. It highlights how the erosion of price premiums and the adaptation to buyers' preferences have curtailed standards' effectiveness in promoting sustainable practices that create economic opportunity costs for farmers, such as agroforestry or agroecology. It also provides a voice for coffee producers and value chain members to explain why the current system is failing in its mission to provide environmental, social, and economic co-benefits, and what changes are necessary to do better.
The emerging field of corporate law, corporate governance and sustainability is one of the most dynamic and significant areas of law and policy in light of the convergence of environmental, social and economic crises that we face as a global society. Understanding the impact of the corporation on society and realizing its potential for contributing to sustainability is vital for the future of humanity. This Handbook comprehensively assesses the state-of-the-art in this field through in-depth discussion of sustainability-related problems, numerous case studies on regulatory responses implemented by jurisdictions around the world, and analyses of predominant strategies and potential drivers of change. This Handbook will be an essential reference for scholars, students, practitioners, policymakers, and general readers interested in how corporate law and governance have exacerbated global society's most pressing challenges, and how reforms to these fields can help us resolve those challenges and achieve sustainability.
Florence Thépot provides the first systematic account of the interaction between competition law and corporate governance. She challenges the 'black box' conception of the firm- or 'undertaking' - in competition law, as applied to increasingly complex corporate relations. The book opens the 'black box' of the firm to understand the internal drivers of collusive behaviour, and proposes a unified approach to cartel enforcement, based on the agency theory. It explores key issues including corporate compliance programmes, the attribution of liability in corporate groups, and structural links between competitors, and should be read by anyone interested in how the evolution of the corporate landscape impacts competition law.
This compelling volume considers three significant modern developments: the ever-changing role of women in society; a significant and growing dissatisfaction with current dominant understandings of corporate governance, corporate law and corporate theory; and the increasing concern to establish sustainable business models globally. A range of female scholars from across the globe and from different disciplines interconnect these ideas in this unique collection of new and thought-provoking essays. Readers are led through a carefully planned enquiry focussing initially on female activism and the corporation, secondly on liberal attempts to include women in business leadership and, finally, on critiquing the modern focus on women as a 'fix' for ethical and unsustainable business practises which currently dominates the corporate world. This collection presents a fresh perspective on what changes are needed to create the sustainable corporation and the potential role of women as influencers or as agents for these changes.
In this groundbreaking work, Stephen M. Bainbridge and M. Todd Henderson change the conversation about corporate governance by examining the origins, roles, and performance of boards with a simple question in mind: why does the law require governance to be delivered through individual board members? While tracing the development of boards from quasi-political bodies through the current 'monitoring' role, the authors find the reasons for this requirement to be wanting. Instead, they propose that corporations be permitted to hire other business associations - known as 'Board Service Providers' or BSPs - to provide governance services. Just as corporations hire law firms, accounting firms, and consulting firms, so too should they be permitted to hire governance firms, a small change that will dramatically increase board accountability and enable governance to be delivered more efficiently. Outsourcing the Board should be read by academics, policymakers, and those within the corporations that will benefit from this change.
Over the last thirty years, several disciplines and sub-disciplines have emerged to deepen our understanding of public policy. However, this literature is dominated by western scholarship and has developed within the context of American and (Western) European public institutions. Efforts to place this literature in the context of the global South have been conspicuous by their absence. This book seeks to bridge this gap by placing this literature in the context of Indian public policy processes and reviews key concepts, theories and models that are employed in the study for students of public policy, policy change and administration and governance and management. It aims to shape our understanding of public policy processes as developed across several disciplines and study them within the Indian context, explaining most ideas and concepts with reference to India and the global South.
Now in its fourth edition, Principles of Contemporary Corporate Governance offers comprehensive coverage of the key topics and emerging themes in private sector corporate governance. It explains both the principles of corporate governance systems and their real-world application in an authoritative and engaging manner. This fully revised and updated text has four parts: basic concepts, board structures and company officers; corporate governance in Australia; corporate governance in international and global contexts; and shareholder activism and business ethics. The coverage of international contexts includes sections on the US, the UK, Canada, South Africa, the EU, the OECD, Germany, Japan, China and Indonesia, plus new sections on New Zealand and India. A new chapter on business ethics and corporate governance presents contemporary discussions on the topic and explores some of the broader legal issues. Principles of Contemporary Corporate Governance is an indispensable resource for business and law students, academic researchers and practitioners
Transnational standards related to the environmental and social sustainability of production processes are becoming commonplace governance tools in the global economy. This book demonstrates how sustainability standards serve two fundamentally different functions: coordination and regulation. Standards can coordinate like-minded businesses in an industry by demarcating common sustainability commitments to distinguish between sustainable and unsustainable sectors of the industry. Yet, standards can also regulate businesses, requiring them to change production and trade practices to align with the sustainability demands of third-parties, including trading partners, advocacy groups, consumers and other civil society constituencies. These two functions reflect the private and public lenses, respectively, through which legal scholars can assess standards as transnational sustainability laws. With key case studies in forestry standards, palm oil standards, and the ISEAL Alliance, this book demonstrates how socio-legal analyses of transnational rulemaking inform debates about global administrative law and the constitutionalization of the global economy.
Global partnerships have transformed international institutions by creating platforms for direct collaboration with NGOs, foundations, companies and local actors. They introduce a model of governance that is decentralized, networked and voluntary, and which melds public purpose with private practice. How can we account for such substantial institutional change in a system made by states and for states? Governance Entrepreneurs examines the rise and outcomes of global partnerships across multiple policy domains: human rights, health, environment, sustainable development and children. It argues that international organizations have played a central role as entrepreneurs of such governance innovation in coalition with pro-active states and non-state actors, yet this entrepreneurship is risky and success is not assured. This is the first study to leverage comprehensive quantitative and qualitative analysis that illuminates the variable politics and outcomes of public-private partnerships across multilateral institutions, including the UN Secretariat, the World Bank, United Nations Environment Programme (UNEP), the World Health Organization (WHO) and the United Nations Children's Fund (UNICEF).
The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility, and business and human rights.
Who controls how transnational issues are defined and treated? In recent decades professional coordination on a range of issues has been elevated to the transnational level. International organizations, non-governmental organizations (NGOs) and firms all make efforts to control these issues. This volume shifts focus away from looking at organizations and zooms in on how professional networks exert control in transnational governance. It contributes to research on professions and expertise, policy entrepreneurship, normative emergence, and change. The book provides a framework for understanding how professionals and organizations interact, and uses it to investigate a range of transnational cases. The volume also deploys a strong emphasis on methodological strategies to reveal who controls transnational issues, including network, sequence, field, and ethnographic approaches. Bringing together scholars from economic sociology, international relations, and organization studies, the book integrates insights from across fields to reveal how professionals obtain and manage control over transnational issues.
This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, which is a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.
What is the purpose of the company and its role in society? From their origin in medieval times to their modern incarnation as powerful transnational bodies, companies remain an important part of business and society at large. Drawing from a variety of perspectives, this book adopts a normative approach to understanding the modern company and provides insights into how companies should be conceptualized. It considers key topics such as the development of corporate theory, the rights and obligations of the company, and the means and ends of corporate governance. Written by leading experts of different jurisdictions, this book provides important international viewpoints on some of the most pressing corporate governance questions.
In the aftermath of the 2007–8 crisis, senior policymakers and the media have blamed excessive risk-taking undertaken by bank executives, in response to their compensation incentives, for the crisis. The inevitable follow-up to this was to introduce stronger financial regulation, in the hope that better and more ethical behaviour can be induced. Despite the honourable intentions of regulation, such as the Dodd–Frank Act of 2010, it is clear that many big banks are still deemed too big to fail. This book argues that by restructuring executive incentive programmes to include only restricted stock and restricted stock options with very long vesting periods, and financing banks with considerably more equity, the potential of future financial crises can be minimized. It will be of great value to corporate executives, corporate board members, institutional investors and economic policymakers, as well as graduate and undergraduate students studying finance, economics and law.
The Short Introduction to Corporate Finance provides an accessibly written guide to contemporary financial institutional practice. Rau deploys both his professional expertise and experience of teaching MBA and graduate-level courses to produce a lively discussion of the key concepts of finance, liberally illustrated with real-world examples. Built around six essential paradigms, he builds an integrated framework covering all the major ideas in finance over the past half-century. Ideal for students and practitioners alike, it will become core reading for anyone aspiring to become an effective manager.
Set against the origins and consequences of the global financial crisis, this timely book offers an enriching and revealing narrative of the role that the state plays in regulating markets. Focusing on core areas of private law such as corporate, labour and banking law, the contributors offer a conceptual framework in which to examine the central tenets of the role of private law in today's global economy. In the current climate of ever increasing economic inequality and austerity measures, the authors highlight the urgent need for a comprehensive analysis of the continuing tension between ideas of market liberalism and theories of society. With a focus on both the domestic and transnational dimensions of market governance, the authors offer a crucial insight into the co-existence and interaction between state and market-based economic governance.