Corporate Governance and Regulation in an Era of Corruption


Book Description

Recent episodes of global corporate corruption indicates that current mechanisms of corporate regulation such as corporate governance procedures that focuses on directors duties and existing legislation has been found wanting as it concerns protecting shareholder's interests from acts of corporate malfeasance. The current law appears to inadequately balance shareholder's rights against the power of corporate control held by directors. As a result, it has proven easy for directors and managers to perpetrate all kinds of corporate improprieties. Globally there are encouraging signs that such imbalances and loopholes are being plugged in order to ensure that the interests of the company are not callously pilfered. In the United States for example the Sarbanes - Oxley reform of 2001 is noteworthy, and in the Commonwealth Caribbean countries like Jamaica, especially after the financial sector collapse of the 1990's, have reformed its company and insurance laws, to incorporate stringent measures and mechanisms to prevent corporate corruption.




Corporate Governance Regulation


Book Description

Why U.S. corporate governance regulation has lost its way, and what must be done to improve it Modern history persuasively demonstrates the inexorable link that binds comprehensive regulation to the global economy. This important book, rather than simply recount a litany of corporate governance failures, persuasively explains why, despite policymakers' best intentions, regulation has failed in the modern era. An objective study intended for a diverse readership, Corporate Governance Regulation unveils the underlying, root causes of regulatory failure. The result: A compelling and original analysis, broadly suited for a global audience of all backgrounds. Written by published, subject-area experts, the authors carefully delineate how U.S. corporate governance regulation, beginning with Sarbanes Oxley, lacks an adequate rational basis, as may be attributed to a non-existent policy dialogue The witnessed result: A conspicuous lack of regulatory efficacy, enormous costs, coupled with paltry benefits The focus is upon reigniting a stalled, non-productive policy dialogue, by eschewing stale, overly-polemicized arguments, as needed to develop a common ground Drawing from an eclectic, analytic framework, governance experts Nicholas Vakkur and Zulma Herrera offer both the professional and global citizen alike a multi-dimensional understanding of issues critical to global economic health. Nuanced and persuasively argued, Corporate Governance Regulation represents a formidable catalyst in the elusive, ongoing quest for global economic stability.




Corruption and governance in Asia


Book Description

This book delves into the nature of governance in Asia both at government and corporate level. It reviews the history and suggests potential solutions for years of underperformance due to the corrupt practices that have developed because of a poor understanding of corporate governance. The authors are experts in practices in Asia and their views are expressed in a sympathetic manner, at no time insisting that a western model of governance is correct. Instead the authors advise local models appropriate to the state of development and suggest that individual countries institute behavioural models that will mature as nations quickly develop in an increasingly global world.




Corruption and Corporate Governance in India


Book Description

The book is about corporate governance in India in the context of recent mega-corporate frauds and corruption. It strives to discover appropriate governance rules to ensure the sustainability and effectiveness of the institution of corporate bodies, private and public, in India in the context of two mega corruption scandals of 2009, namely, Satyam and Specturam. The author argues that corruption mis-allocates scarce resources from the meritorious to the unworthy, the immoral, the criminal and the powerful. Thus, the author points out, such transactions result in undermining people's trust in the political system and hence causes a decline in the legitimacy of public office. Dr. Swamy refers to the law of Diminishing Interest of the public in opposing corruption when there is no accountability or if the corrupt are not brought to book. Worse, the author states, this consequent apathy towards mega corruption could vitiate the democratic system of India. Hence, the author argues, it is very important for alert citizens to understand the phenomenon of corruption and then bond together to combat it.




The Creation of the Rule of Law and the Legitimacy of Property Rights


Book Description

"How does the lack of legitimacy of property rights affect the dynamics of the creation of the rule of law? The authors investigate the demand for the rule of law in post-Communist economies after privatization under the assumption that theft is possible, that those who have "stolen" assets cannot be fully protected under a change in the legal regime towards rule of law, and that the number of agents with control rights over assets is large. They show that a demand for broadly beneficial legal reform may not emerge because the expectation of weak legal institutions increases the expected relative return to stripping assets, and strippers may gain from a weak and corrupt state. The outcome can be inefficient even from the narrow perspective of the asset-strippers."




Corruption, Social Sciences and the Law


Book Description

The problem of corruption, however described, dates back thousands of years. Professionals working in areas such as development studies, economics and political studies, were the first to most actively analyse and publish on the topic of corruption and its negative impacts on economies, societies and politics. There was, at that time, minimal literature available on corruption and the law. The literature and discussion on bribery and corruption, as well as on the negative impact of each and what is required to address them, particularly in the legal context, are now considerable. Corruption and anti-corruption are multifaceted and multi-disciplinary. The focus now on the law and compliance, and perhaps commercial incentives, is relatively easy. However, corruption, anti-corruption and the motivations for them are complex. If we continue to discuss, debate, engage, address corruption and anti-corruption in our own disciplinary silos, we are unlikely to significantly progress the fight against corruption. What do terms such as 'culture of integrity', 'demand accountability', ‘transparency and accountability’ and ‘ethical corporate culture’ dominating the anti-corruption discourse mean, if anything, in other disciplines? If they are meaningless, what approach would practitioners in those other disciplines suggest be adopted to address corruption. What has their experience been in the field? How can the work of each discipline contribute to the work of whole and, as such, improve our work in and understanding of anti-corruption? This book seeks to answer these questions and to understand the phenomenon more comprehensively. It will be of value to researchers, academics, lawyers, legislators and students in the fields of law, anthropology, sociology, international affairs, and business.




Regulating Corporate Bribery in International Business


Book Description

This book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. Recent large-scale cases involving multinational corporations demonstrate how large commercial ‘non-criminal’ enterprises are being implicated in substantive overseas bribery scandals and illustrate the difficulties faced by responsible enforcement authorities in the UK and Germany. The book imports concepts from regulation theory to aid our understanding of the emerging enforcement, self-regulatory and hybrid responses to transnational corporate bribery. Lord implements a qualitative, comparative research strategy involving semi-structured interviews, participant observation and document analysis to provide empirical insights into this relatively invisible area of criminological interest. Despite significant cultural differences between the jurisdictions, this book argues that UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high. This book is essential reading for academics and students researching corporate and white-collar crimes and the concept of regulation more generally, as well as law enforcement agencies and international and intergovernmental organisations concerned with anti-corruption.




Corporate Governance in Costa Rica


Book Description

This review of Corporate Governance in Costa Rica was prepared as part of Costa Rica’s accession process for OECD membership. During the three-year period of the review, the government made substantial progress in strengthening its institutional and legal framework in line with the G20/OECD Principles of Corporate Governance and OECD Guidelines on Corporate Governance of State-Owned Enterprises (SOEs).







The Nature of Corporate Governance


Book 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.