LSN: Corporate Governance International (Topic)最新文献_第8页

Off the Beaten Track into the Savannah: The Mike Campbell (Pvt) Ltd v. the Republic of Zimbabwe Ruling Imperils SADC Investment Law 不走寻常路进入萨凡纳:迈克坎贝尔(私人)有限公司诉津巴布韦共和国的统治危及南部非洲发展共同体投资法

LSN: Corporate Governance International (Topic) Pub Date : 2012-07-18 DOI: 10.2139/SSRN.2117318

Tawanda Hondora

{"title":"Off the Beaten Track into the Savannah: The Mike Campbell (Pvt) Ltd v. the Republic of Zimbabwe Ruling Imperils SADC Investment Law","authors":"Tawanda Hondora","doi":"10.2139/SSRN.2117318","DOIUrl":"https://doi.org/10.2139/SSRN.2117318","url":null,"abstract":"This article considers the celebrated case of Mike Campbell (Pvt) Ltd and 78 Others v. The Republic of Zimbabwe. It analyses the ruling’s implications to the Southern African Development Community’s (SADC) investment law. In its decision, the SADC Tribunal famously declared that the 79 applicants, among which were 28 private limited companies and their shareholders: (i) had been subjected to unlawful race discrimination; (ii) had been denied access to the courts of Zimbabwe; and (iii) were entitled to be paid “fair compensation” for farms expropriated by the respondent State. This article argues that the Campbell case was wrongly decided, and that contrary to the Tribunal’s decision - under international law: (a) a company - such as Mike Campbell (Pvt) Ltd - cannot assert a race discrimination claim; (b) a shareholder in a company - such as William Michael Campbell - does not have a cause of action or jus standi against a State in a claim seeking compensation for property expropriated from the company, save where the company has been wound up, the direct rights of the shareholder - qua shareholder - have been breached, or a specific and enabling investment treaty applies to the dispute; and (c) a State is not required to pay “fair compensation” or “prompt, adequate and effective compensation” to its national from whom it has expropriated property. This article argues that the Campbell case is an aberration and is nothing more than an unreasoned, unfounded and injudicious fiat. The decision has no basis in international law. Although decided using international human rights law principles, the Campbell ruling is relevant to, and will imperil, SADC investment law, if it is treated as persuasive authority.","PeriodicalId":114900,"journal":{"name":"LSN: Corporate Governance International (Topic)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129488817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Corporate Governance Systems and Firm Value: Empirical Evidence from Japan’s Natural Experiment 公司治理制度与企业价值:来自日本自然实验的经验证据

LSN: Corporate Governance International (Topic) Pub Date : 2012-02-07 DOI: 10.2139/ssrn.1739292

Robert N. Eberhart

引用次数: 26

National Governments as Shareholders in Europe Focusing on the Jurisdictions of Germany and Austria in the Light of Global Developments 欧洲各国政府作为股东:从全球发展的角度看德国和奥地利的司法管辖权

LSN: Corporate Governance International (Topic) Pub Date : 2012-01-22 DOI: 10.2139/ssrn.1989846

Michael Pucher

引用次数: 2

Regulating IPOs: Evidence from Going Public in London and Berlin, 1900-1913 监管ipo: 1900-1913年伦敦和柏林上市的证据

LSN: Corporate Governance International (Topic) Pub Date : 2012-01-01 DOI: 10.2139/SSRN.1884190

C. Burhop, D. Chambers, B. Cheffins

引用次数: 3

Authority Versus Loyalty: Social Incentives and Governance 权威与忠诚:社会激励与治理

LSN: Corporate Governance International (Topic) Pub Date : 2011-08-30 DOI: 10.2139/ssrn.1364320

Samuel David Lee, Petra Persson

引用次数: 9

Societal Corporate Governance and Extra Financial Information: Spearhead or Achille’s Heel of Corporate Governance? 社会性公司治理与额外财务信息:公司治理的先锋还是致命弱点?

LSN: Corporate Governance International (Topic) Pub Date : 2011-08-29 DOI: 10.2139/SSRN.1924807

Catherine Malecki

{"title":"Societal Corporate Governance and Extra Financial Information: Spearhead or Achille’s Heel of Corporate Governance?","authors":"Catherine Malecki","doi":"10.2139/SSRN.1924807","DOIUrl":"https://doi.org/10.2139/SSRN.1924807","url":null,"abstract":"Extra-financial information is becoming increasingly commonplace and standardized in France, in particular under the influence of financial authorities such as the AMF (Financial Markets Authority). This development has fueled the stakeholder dialogue. Stakeholders’ expectations constitute but one of many elements which shape the image of a company. Internet is also seen as playing an increasingly important role in communicating the «responsible» image of companies. The potential of reputational risk, in particular on the financial markets, is forcing companies to reconsider and correct their ‘good’ corporate governance practices. Thanks to emerging soft law, consideration for environmental concerns has become instrumental in helping companies focus upon corporate governance concerns that might otherwise have remained at the periphery of their interests and priorities In France, the Grenelle II Act has, to a certain extent, shifted responsibility for ecological damage caused by subsidiaries, to parent companies. This is a good example of connecting hard to soft law. Under pressure of shareholder activism, companies now understand that they have a vested interest in adapting their management methods and production systems to societal and environmental standards if they wish to continue to attract investments. This illustrates that Socially Responsible Investment (SRI) does indeed impact corporate issues and can be used as a tool for correcting the behaviour of officers, notably via the emergence of reputational risk considerations (good or bad, spearhead or Achille’s heel of corporate governance).","PeriodicalId":114900,"journal":{"name":"LSN: Corporate Governance International (Topic)","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132332351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Financial Sector Supervisors' Accountability: A European Perspective 金融部门监管者的问责:欧洲视角

LSN: Corporate Governance International (Topic) Pub Date : 2011-08-09 DOI: 10.2139/ssrn.1807174

Phoebus Athanassiou

{"title":"Financial Sector Supervisors' Accountability: A European Perspective","authors":"Phoebus Athanassiou","doi":"10.2139/ssrn.1807174","DOIUrl":"https://doi.org/10.2139/ssrn.1807174","url":null,"abstract":"Financial sector supervisors’ accountability is widely accepted as a sine qua non condition of good governance and as a guarantor of supervisory independence. An arsenal of accountability-inspired control instruments aims to ensure that supervisors are accountable to the legislature, the executive, stakeholders and, last but not least, the judiciary. While the general right to damages for losses arising from civil wrongs is well established, liability for faulty supervisory acts or omissions is, in many respects, limited in scope. This paper examines the conceptual underpinnings of financial sector supervisors’ liability and the current legal situation on supervisory liability in the European Union, under both national and Union law. It also inquires into an aspect of the debate that has attracted less attention than it deserves, but which is likely to take on greater importance as the structure of financial supervision undergoes reforms, both at the European Union level and in the Member States: the specificity of the Member States’ national central banks as banking supervisors and, in particular, the tension between their independence and their potential third party liability for damages for supervisory faults.","PeriodicalId":114900,"journal":{"name":"LSN: Corporate Governance International (Topic)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124361292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Corporate Governance: Rights of Shareholders 公司治理:股东权利

LSN: Corporate Governance International (Topic) Pub Date : 2011-07-21 DOI: 10.2139/ssrn.1891629

Qaiser Rafique Yasser, S. Nawaz

引用次数: 0

Guiding Principles for Directorial Conflicts of Interest: Re Allied Business and Financial Consultants Ltd; O'Donnell V Shanahan 董事利益冲突指引原则:联合商业及财务顾问有限公司奥唐纳·V·沙纳汉

LSN: Corporate Governance International (Topic) Pub Date : 2011-07-01 DOI: 10.1111/j.1468-2230.2011.00862.x

Deirdre Ahern

引用次数: 5

Strategic Leadership in Corporate Communication: The Importance of Executive Coaching 企业沟通中的战略领导力:高管培训的重要性

LSN: Corporate Governance International (Topic) Pub Date : 2011-06-22 DOI: 10.2139/ssrn.1869439

Z. Abdullah

引用次数: 0