Corporate Governance in Context
Corporations, States, and Markets in Europe, Japan, and the U.S.
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Corporate Governance in Context by Klaus J. Hopt
Book DescriptionIncreased regulatory competition has sharpened the comparative awareness of advantages or disadvantages of different national models of political economy, economic organization, governance and regulation. Although institutional change is slow and subject to functional complementarities as well as social and cultural entrenchment, at least some features of successful modern market economies have been in the process of converging over the last decades. The most important change is a shift in governance from state to the market. As bureaucratic ex-ante control is replaced by judicial ex-post control, administrative discretion is replaced by the rule of law as guidelines for the economy. Furthermore, at least to some extent, public enforcement is being reduced in favor of private enforcement by way of disclosure, enhanced liability, and correspondent litigation for damages. Corporatist approaches to governance are giving way to market approaches, and outsider and market-oriented corporate governance models seem to be replacing insider-based regimes. This transition is far from smooth and poses a daunting challenge to regulators and academics trying to redefine the fundamental governance and regulatory setting. They are confronted with the task of making or keeping the national regulatory structure attractive to investors in the face of competitive pressures from other jurisdictions to adopt state-of-the-art solutions. At the same time, however, they must establish a coherent institutional framework that accommodates the efficient, modern rules with the existing and hard-to-change institutional setting. These challenges - put in a comparative and interdisciplinary perspective - are the subject of the book. As a reflection of the transnationality of the issues addressed, the world's three leading economies and their legal systems are included on an equal basis: the EU, the U.S., and Japan across each of the subtopics of corporations, bureaucracy and regulation, markets, and intermediaries.
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Book DetailsISBN: 9780199290703
(243mm x 165mm x 55mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 24-Nov-2005
Country of Publication: United Kingdom
Books By Author Klaus J. Hopt
Corporate Boards in Law and Practice, Hardback (November 2013)
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.
Comparative Corporate Governance, Hardback (July 2013)
A unique analysis which combines current scholarship in law and economics with the expertise of local corporate governance specialists.
Mediation, Hardback (November 2012)
Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers the most comprehensive comparative analysis available of mediation, introducing the law and practical experience of mediation in 22 jurisdictions and analysing how mediation should be regulated at a national and international level.
Financial Regulation and Supervision, Hardback (August 2012)» View all books by Klaus J. Hopt
This book provides a welcome insight into the changes to the financial regulatory system in the EU, including consideration of their likely impact on financial institutions and the implementation of the new rules in a cross-border context.
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Author Biography - Klaus J. Hopt
Eddy Wymeersch, Professor of Commercial Law, University of Ghent
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