German Corporate Governance In International And European Context

Author by : Jean J. du Plessis
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 50
Total Download : 557
File Size : 49,7 Mb
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Description : The book provides readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe.The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics.The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.


German Corporate Governance In International And European Context

Author by : Salvatore Smith
Languange : en
Publisher by : Createspace Independent Publishing Platform
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 645
File Size : 46,7 Mb
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Description : The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics.


Reconstructing The Corporation

Author by : Grant M. Hayden
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 37
Total Download : 859
File Size : 41,5 Mb
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Description : This book critically examines shareholder primacy and develops a new theory of shared corporate governance that includes employees.


Corporate Governance Codes For The 21st Century

Author by : Jean J. du Plessis
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 371
File Size : 52,7 Mb
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Description : The book is the first comprehensive consideration, since the UK Cadbury Report recommended a voluntary Corporate Governance Code, of the question whether Corporate Governance Codes are the most effective way of ensuring adherence to good corporate governance principles. There is no doubt that the idea of voluntary compliance with good corporate governance practices, based on the principle of ‘comply or explain’, has captured the imagination of the world. It is probably one of the best and most comprehensive examples of ‘self-regulation’ ever seen in any area where the society could be affected significantly, for current purposes by corporations.However, is this the most effective way of ensuring that corporations act responsibly and adhere to good corporate governance principles? Have these Codes really improved corporate governance practices significantly? Is it time for a rethink and, at least in certain areas, start to rely more on ‘hard law’ and clearer expectations to ensure compliance? All these issues are addressed in the book.


Principles Of Contemporary Corporate Governance

Author by : Jean Jacques du Plessis
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 59
Total Download : 176
File Size : 43,5 Mb
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Description : 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


Corporate Boards In European Law

Author by : Paul Davies
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 24
Total Download : 662
File Size : 43,6 Mb
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Description : This book analyses corporate boards; their regulation in law and codes, and their actual operation in ten European countries in a functional and comparative method. Issues addressed include: board structure, composition and functioning, enforcement by liability rules, incentive structures and shareholder activism.


The Globalization Of Corporate Governance

Author by : Alan Dignam
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 97
Total Download : 443
File Size : 47,9 Mb
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Description : The process of economic globalization, as product and capital markets have become increasingly integrated since WWII, has placed huge, and it is argued by some, irresistible pressures on the world's 'insider' stakeholder oriented corporate governance systems. Insider corporate governance systems in countries such as Germany, so the argument goes, should converge or be transformed by global product and capital market pressures to the 'superior' shareholder oriented 'outsider' corporate governance model prevalent in the UK and the US. What these pressures from globalization are, how they manifest themselves, whether they are likely to cause such a convergence/transformation and whether these pressures will continue, lie at the heart of the exploration in this volume. The Globalization of Corporate Governance provides a detailed analysis of the evolution of the key corporate governance systems in the UK, the US and Germany from the perspective of the development of economic globalization. As such it is a valuable resource for those interested in how economic and legal reforms interact to produce change within corporate governance systems.


Independent Directors In Asia

Author by : Dan W. Puchniak
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 366
File Size : 51,5 Mb
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Description : The first in-depth analysis of the independent director in Asia: who they are, what they do and how they are regulated.


Comparative Corporate Governance

Author by : Afra Afsharipour
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 30
Total Download : 857
File Size : 50,6 Mb
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Description : This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.


Disqualification Of Company Directors

Author by : Jean Jacques du Plessis
Languange : en
Publisher by : Taylor & Francis
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 970
File Size : 45,8 Mb
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Description : This book provides a clear overview of the legal rules relating to directors’ disqualification in Australia, Germany, South Africa, the UK and the US, and to highlight the differences in the disqualification regimes of these jurisdictions. The book seeks to determine whether disqualification on application should be developed further as a corporate law and corporate governance tool to ensure that individuals who have a proven record of posing a particular risk to the business community, shareholders and creditors, are indeed disqualified from being directors. The book is unique as it provides a single source where the disqualification regimes of all these jurisdictions are explored and compared. The book will appeal to scholars of corporate law, regulators and policy-makers. The book will also be of particular interest to senior managers and directors to determine precisely what the laws regarding disqualification of company directors are, and what type of behaviour might expose them to potential disqualification.


Related Party Transactions And Corporate Groups

Author by : Ivan Romashchenko
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 50
Total Download : 416
File Size : 44,8 Mb
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Description : In a market environment where economic actors conduct themselves as diligent and conscientious managers, the regulation of related party transactions (RPTs) would be largely irrelevant. Unfortunately, the corporate reality is far from an ideal world that is innocent of market abuse and corporate fraud. It remains necessary to protect minority shareholders from the wrongdoings of majority shareholders and to protect all shareholders from opportunistic managerial behaviour. This timely book – the first on the subject since implementation of the European Union’s (EU’s) revised Shareholders’ Rights Directive – provides in-depth analysis of how and to what extent RPTs are covered by existing legal requirements on capital protection and corporate group regulation, highlighting experiences and strategies adopted in Germany, Poland, and the Netherlands as examples for Eastern European countries and in particular Ukraine. Beyond his comparative analysis of the current status, the author offers recommendations for more effective handling of RPTs, investigating such aspects as the following: what constitutes a corporate group and how group issues are regulated in the various legal systems; what constitutes a conflict of interest originating in ownership and control and what types of such conflicts occur; whether RPTs within corporate groups should receive special treatment relative to transactions outside groups; combatting corporate raiding, most often carried out through illegal seizure of corporate assets; approval and disclosure requirements for RPTs; and how information about RPTs is disclosed publicly. Drawing on resources including legislation, case law, scholarship, and intensive discussions with practicing lawyers from several jurisdictions, the author underscores the imperative of establishing limitations and requirements that oblige a company’s officers, shareholders, and other potential related parties to follow certain rules whenever they wish to enter into an RPT. As a contribution to the debate about the convergence between EU corporate law and that of major eastern European states, the book has no peers. Practitioners in both East and West who advise on compliance with regulations for RPTs or represent stakeholders’ interests against abusive RPTs will ensure appropriate remedies and protection mechanisms for their clients.


Rough Consensus And Running Code

Author by : Gralf-Peter Calliess
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 40
Total Download : 938
File Size : 54,5 Mb
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Description : Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.


Corporate Governance And International Business

Author by : R. Strange
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 30
Total Download : 967
File Size : 52,7 Mb
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Description : Bringing together a number of leading scholars and pioneering research, this volume explores the links between corporate governance and international business, and demonstrates how corporate governance influences the attractiveness of host countries to inward investors, as well as the internationalization strategies of MNEs themselves.


The Nature Of Corporate Governance

Author by : Janet Dine
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 81
Total Download : 846
File Size : 43,7 Mb
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Description : This book presents a thoughtful inquiry into the nature and rationale of corporate governance. The authors address fundamental questions including; What is the balance between ownership and control?; For whose interests should the company be run?; What is the institutional balance between shareholders, directors and other potential stakeholders, including the economy? Professor Dine and Dr Koutsias consider how these issues are dealt with by the jurisprudence of three major and greatly influential jurisdictions; the USA, the UK, and Germany, and also reflect on why and how the current corporate governance context in some states is defined by social, political and historical developments. The authors argue that corporate governance is crucial for the identity of each country. What is revealed in the work is that when national corporate governance is thriving it allows space for democracy to flourish. Corporate governance scholars, policy makers, LLM and LLB students of company law and corporate governance, NGOs involving issues of inequality, poverty and democracy will find this important book an insightful resource.


Doping In Sport And The Law

Author by : Ulrich Haas
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 57
Total Download : 987
File Size : 41,5 Mb
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Description : This unique international legal and cross-disciplinary edited volume contains analysis of the legal impact of doping regulation by eminent and well known experts in the legal fields of sports doping regulation and diverse legal fields which are intrinsically important areas for consideration in the sports doping landscape. These are thoughtful extended reflections by experts on theory and policy and how they interact with law in the context of doping in sport. It is the first book to examine the topical and contentious area of sports doping from a variety of different but very relevant legal perspectives which impact the stakeholders in sport at both professional and grass roots levels. The World Anti-Doping Code contains an unusual mix of public and private regulation which is of more general interest and fully explored in this work. Each of the 14 chapters addresses doping regulation from a legal perspective such as tort, corporate governance, employment law, human rights law, or a scientific area. Legal areas are generally considered from an international and not national perspective. Issues including fairness, logic and the likelihood of compliance are explored. It is vital reading for anyone interested in the law, regulation and governance of sport.


Ec Regulation Of Corporate Governance

Author by : Andrew Johnston
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 334
File Size : 50,8 Mb
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Description : Andrew Johnston examines EC regulation of national corporate governance systems through the lenses of economic theory and reflexive governance. By contrasting the normative demands of the neoclassical 'agency' model with those of the productive coalition model, he shows how their incompatibility required political compromise. Reflexive governance theory is then used to explain how progress has been possible. Through detailed analysis of both case law and positive regulation, the author highlights the move from positive to negative integration; the benefits as well as the limits of regulatory competition; and the significant role of reflexive techniques in both preventing market failure and enabling positive integration to proceed. The workable compromise that has emerged between market integration and continued regulatory diversity at national level demonstrates that procedural regulation can steer autonomous social subsystems towards greater responsibility and a better articulation of the public good.


The Law Of Business Organizations

Author by : Martin Schulz
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 369
File Size : 53,7 Mb
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Description : This book gives a concise introduction to the German law of business organizations and is meant to help business practitioners and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company (SE).


Handbook Of Research On Theory And Practice Of Global Islamic Finance

Author by : Rafay, Abdul
Languange : en
Publisher by : IGI Global
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 644
File Size : 53,9 Mb
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Description : As an emerging global phenomenon, Islamic economics and the financial system has expanded exponentially in recent decades. Many components of the industry are still unknown, but hopefully, the lack of awareness will soon be stilled. The Handbook of Research on Theory and Practice of Global Islamic Finance provides emerging research on the latest global Islamic economic practices. The content within this publication examines risk management, economic justice, and stock market analysis. It is designed for financiers, banking professionals, economists, policymakers, researchers, academicians, and students interested in ideas centered on the development and practice of Islamic finance.


Development Oriented Corporate Social Responsibility Volume 1

Author by : Michael Blowfield
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 46
Total Download : 604
File Size : 41,8 Mb
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Description : Globalization and the professionalization of Corporate Social Responsibility (CSR) have led to a surge of CSR activities claiming to support development across the globe. In this two volume series, the chapters explore this claim through nuanced debate about the potentialities, limitations and threats of development-oriented CSR in the developing world at both the global and local levels. Volume 1 explores whether there is a genuine possibility for corporations to contribute to development through CSR activities. With corporate reach spreading into every corner of the globe, this is a timely contribution presenting cases from developing countries spanning multiple continents. It explores the multi-level and multi-stakeholder dynamics involved in shaping the complex interface between multinational corporations (MNCs) and possibilities for CSR-related development. The chapters highlight the potential for MNCs to spread best practice and complement the role of governments in bridging governance gaps and spearheading capacity building efforts. But they also highlights serious reservations, stemming from isolated assessments, limited appreciation of the complexities of context, and the permeation of a northern agenda that marginalizes local voices.Within the larger debate on the merits and evils of globalization, this volume captures the mixed record of MNCs in promoting effective development in those parts of the world where it is most needed. This important series will be the reference source for academics, practitioners, policy-makers and NGOs involved in development-oriented CSR.


The Influence Of Blockholders On Agency Costs And Firm Value

Author by : Markus P. Urban
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 285
File Size : 47,8 Mb
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Description : Markus P. Urban investigates the influence of large shareholders (the so-called blockholders) on agency costs and firm value, thereby accounting for blockholder characteristics and blockholder interrelationships. The work provides a profound theoretical and empirical analysis on the nature and effect of shareholder engagement with due regard to the specifics of the German institutional environment. Its empirical results illustrate that the effect of shareholder engagement depends on the characteristics of the specific blockholder as well as on interrelationships with additional blockholders.


Strategic Management Concepts And Cases Competitiveness And Globalization

Author by : Michael A. Hitt
Languange : en
Publisher by : Cengage Learning
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 720
File Size : 49,8 Mb
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Description : Introduce your students to strategic management with the market-leading text that sets the standard for the course area. Written by respected scholars who have taught strategic management at all educational levels, Hitt, Ireland, and Hoskisson's latest edition provides an intellectually rich, yet thoroughly practical, analysis of strategic management. The classic industrial organization model is combined with a resource-based view of the firm to provide students with a complete understanding of how today's businesses establish competitive advantages and create value for stakeholders. Cutting-edge research is presented with a strong global focus, featuring more than 500 emerging and established companies. All-new opening cases introduce chapter concepts and mini cases offer new contexts of study. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.


Shareholder Protection Reconsidered

Author by : Georgios Zouridakis
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 197
File Size : 40,9 Mb
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Description : This book examines the role and potential of derivative actions in shareholder protection in public limited companies. Derivative actions have been a focal point of legislators’ agendas on shareholder protection, in the past few decades, throughout Europe and beyond. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy. Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law – jurisdictions that have recently reformed their provisions on shareholder protection – examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action. By critically assessing the merits and failures of the respective UK, German and Greek shareholder protection laws, the book then proceeds to offer (in Part III) a model framework of shareholders’ derivative litigation for jurisdictions considering reform. Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance.


Legal Translation

Author by : Ingrid Simonnæs
Languange : en
Publisher by : Frank & Timme GmbH
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 526
File Size : 50,7 Mb
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Description : In this anthology renowned scholars working in the area of legal translation studies (LTS) focus on current issues and challenges in legal translation emerging from today’s globalisation and internationalisation. Considering both theoretical and practical points of view the contributions present interdisciplinary approaches to legal translation dealing with legal systems in national, EU and international settings, and include civil law and common law as well as supranational and private international law. In addition to the historical evolution of legal systems and of legal translation the papers discuss specific features of legal language and challenges in legal translation, as well as new didactic strategies to deal with the future profiles of legal translators.


Multinational Enterprises And The Law

Author by : Peter Muchlinski
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 652
File Size : 44,8 Mb
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Description : Multinational Enterprises and the Law is the only comprehensive, contemporary, and interdisciplinary account of the techniques used to regulate multinational enterprises (MNEs) at the national, regional, and multilateral levels. In addition, it considers the effects of corporate self-regulation, and the impact of civil society and community groups upon the development of the legal order in this area. The book has been thoroughly revised and updated for this third edition, making it a definitive reference work for students, researchers, and practitioners of international economic law, business, corporate and commercial law, development studies, and international politics. Split into four parts, the book first deals with the conceptual basis for MNE regulation. It explains the growth of MNEs, their business and legal forms, and the relationship between them and the effects of a globalised economy and society upon the evolution of regulatory agendas in the field. Part II covers the main areas of economic regulation, including the limits of national and regional jurisdiction over MNE activities, controls over, and the liberalisation of, entry and establishment, tax, company and competition law and the impact of intellectual property rights on technology diffusion and transfer. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues. Finally, Part IV deals with the contribution of international investment law to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements, their interpretation by international tribunals, and how concerns over these developments are leading to reform proposals.


Enforcing Shareholders Duties

Author by : Hanne S Birkmose
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 76
Total Download : 714
File Size : 50,8 Mb
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Description : A heavily debated topic, the evolution of shareholders’ duties risks the transformation of the very concept of shareholder primacy, crucially associated with shareholder rights. Offering a distinctive and comprehensive examination of both current and forthcoming enforcement mechanisms in the area of shareholder duties, this timely book provides an exhaustive analysis of the many issues related to these mechanisms, and considers the ongoing challenges surrounding their implementation.


Regulating Corporate Governance In The Eu

Author by : L. Horn
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 76
Total Download : 131
File Size : 50,7 Mb
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Description : In the context of the financial and economic crisis, corporate governance and regulatory supervision failures, Laura Horn investigates one of the defining questions in social power relations in contemporary capitalism: who controls the modern corporation, and why.


Global Pressure National System

Author by : Alexander Börsch
Languange : en
Publisher by : Cornell University Press
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 727
File Size : 52,9 Mb
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Description : "Because the prevailing product market strategies of German firms are solidly based on the stakeholder model, change will be limited to those elements that do not destroy the firms' competive advantage."--BOOK JACKET.


Governing The European Economy

Author by : Grahame Thompson
Languange : en
Publisher by : SAGE
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 410
File Size : 42,5 Mb
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Description : This is the first text to accessibly introduce, map and explain the nature of the European economic space and its importance to the development of the future shape of Europe. It will enable students to: understand what is meant by the `economy' and assess the nature and role of `governance' in a European economic context; review the economic history of the EU and the key economic relationships of the EU and member states; distinguish between both de facto (private) and de jure (public) integrative and disintegrative processes; examine competing ideas of a European `regulatory order', `market system' or set of `self-governing networks' to capture the characteristics of the contemporary European economy; and consider questions raised.


New Private Law Theory

Author by : Stefan Grundmann
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 410
File Size : 45,7 Mb
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Description : New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.