In the coming months, the European Court of Justice (ECJ) will reach a decision on the case European Public Service Union (EPSU) and Goudriaan v Commission (C-928/19 P), which could be crucial for the future of the EU social dialogue. The EPSU case initially originated from the Commission’s refusal to transmit a proposal for a Council Decision, which could have given legislative implementation to the social partners’ agreement stipulated by TUNED and EUPAE.
This policy brief by Silvia Rainone aims to highlight some critical aspects of the General Court’s decision and elaborate arguments to redirect the Court of Justice’s reasoning towards a better appraisal of the legal questions at stake. Looking at the General Court’s judgment, it is indeed rather surprising to note the absence of an adequate evaluation of the legitimacy and scope of the Commission’s assessment that led to the rejection of the social partners’ request. The Commission’s refusal to submit a proposal for the legislative implementation of the EUPAE and TUNED agreement confirms that the hostility that the Commission showed towards sectoral social dialogue in relation to the hairdressing agreement was not an isolated episode. The EPSU case now gives to the Court of Justice the occasion to clarify the effective boundaries of the Commission’s control over social partners’ agreements. This judgment could be determinant in defining the institutional value of social partners’ negotiations at the European level and the role of EU social dialogue, with broader repercussions for the EU social model.
{"title":"After the ‘Hairdressing Agreement’, the EPSU Case: Can the Commission Control the EU Social Dialogue?","authors":"Silvia Rainone","doi":"10.2139/ssrn.3748508","DOIUrl":"https://doi.org/10.2139/ssrn.3748508","url":null,"abstract":"In the coming months, the European Court of Justice (ECJ) will reach a decision on the case European Public Service Union (EPSU) and Goudriaan v Commission (C-928/19 P), which could be crucial for the future of the EU social dialogue. The EPSU case initially originated from the Commission’s refusal to transmit a proposal for a Council Decision, which could have given legislative implementation to the social partners’ agreement stipulated by TUNED and EUPAE.<br><br>This policy brief by Silvia Rainone aims to highlight some critical aspects of the General Court’s decision and elaborate arguments to redirect the Court of Justice’s reasoning towards a better appraisal of the legal questions at stake. Looking at the General Court’s judgment, it is indeed rather surprising to note the absence of an adequate evaluation of the legitimacy and scope of the Commission’s assessment that led to the rejection of the social partners’ request. The Commission’s refusal to submit a proposal for the legislative implementation of the EUPAE and TUNED agreement confirms that the hostility that the Commission showed towards sectoral social dialogue in relation to the hairdressing agreement was not an isolated episode. The EPSU case now gives to the Court of Justice the occasion to clarify the effective boundaries of the Commission’s control over social partners’ agreements. This judgment could be determinant in defining the institutional value of social partners’ negotiations at the European level and the role of EU social dialogue, with broader repercussions for the EU social model.","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124186452","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}
Pub Date : 2020-12-04DOI: 10.18601/16578651.n28.11
Sebastián Líppez- De Castro, Freddy A. Guerrero-Rodríguez, G. J. Tobón, Esteban A. Nina-Baltazar
Spanish abstract: Este artículo explora la potencialidad de las Juntas de Acción Comunal (JAC), instancias básicas de organización y participación comunitaria en Colombia, para insertarse en redes de gobernanza rural. Se presentan resultados de un estudio de caso múltiple con comunidades rurales de seis municipios del departamento de Nariño. Esta investigación participativa, basada en la comunidad, señala problemas de gobernanza territoriales y retos transversales de las JAC que develan dinámicas intraorganizacionales y la imposición de lógicas sectoriales y burocráticas que, en conjunto, condicionan las relaciones Estado-sociedad y amenazan la organización e incidencia comunitaria en el contexto rural.
English abstract: This article explores the potential of Communal Action Boards (jac, for its initials in Spanish), basic instances for communities’ organization and participation in Colombia, to engage themselves in networks of rural governance. We present the findings from a multiple case study with rural communities of six municipalities in the Department of Nariño. This community-based participatory research points territorial governance issues and jacs’ transversal challenges that unveil intra-organizational dynamics and the imposition of sectoral and bureaucratic logics that, altogether, affect the state-society relationships and endanger communities’ organizations and their impact in the rural context.
{"title":"Juntas de Acción Comunal y gobernanza rural: retos para la participación y organización comunitaria en seis territorios de Nariño, Colombia (Communal Action Boards and Rural Governance: Challenges for Communities’ Organization and Participation in Six Territories of Nariño, Colombia)","authors":"Sebastián Líppez- De Castro, Freddy A. Guerrero-Rodríguez, G. J. Tobón, Esteban A. Nina-Baltazar","doi":"10.18601/16578651.n28.11","DOIUrl":"https://doi.org/10.18601/16578651.n28.11","url":null,"abstract":"<b>Spanish abstract:</b> Este artículo explora la potencialidad de las Juntas de Acción Comunal (JAC), instancias básicas de organización y participación comunitaria en Colombia, para insertarse en redes de gobernanza rural. Se presentan resultados de un estudio de caso múltiple con comunidades rurales de seis municipios del departamento de Nariño. Esta investigación participativa, basada en la comunidad, señala problemas de gobernanza territoriales y retos transversales de las JAC que develan dinámicas intraorganizacionales y la imposición de lógicas sectoriales y burocráticas que, en conjunto, condicionan las relaciones Estado-sociedad y amenazan la organización e incidencia comunitaria en el contexto rural.<br><br><b>English abstract:</b> This article explores the potential of Communal Action Boards (jac, for its initials in Spanish), basic instances for communities’ organization and participation in Colombia, to engage themselves in networks of rural governance. We present the findings from a multiple case study with rural communities of six municipalities in the Department of Nariño. This community-based participatory research points territorial governance issues and jacs’ transversal challenges that unveil intra-organizational dynamics and the imposition of sectoral and bureaucratic logics that, altogether, affect the state-society relationships and endanger communities’ organizations and their impact in the rural context.","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129687812","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}
Michele G. Giuranno, Marcella Scrimitore, G. Stamatopoulos
Vertical integration in an environment without foreclosure, or more generally without any mechanisms that restrict competition among firms, and subsidization of firms' production are two separate mechanisms that raise consumer welfare, and both have been proposed as antidotes to certain aspects of the current economic crisis caused by COVID-19. In this paper we show that the interplay of the two can, surprisingly, be harmful for consumers. We consider a two-layer imperfectly competitive industry where each downstream firm purchases an input from its exclusive upstream supplier, in the presence of a welfare-maximizing government. We allow one (or more than one) of the downstream firms to integrate with its upstream counterpart and we identify two opposite resulting effects: on the one hand, integration alleviates the double marginalization problem and raises industry output and on the other, it alters the government's optimal subsidy policy in a way that reduces output. It turns out that the latter effect dominates the former and thus integration leads to lower market output and consumer surplus. This holds irrespective of the mode of downstream market competition (quantities or prices) or the nature of commodities (homogeneous or differentiated). It also holds when the fiscal policy of the government is subject to social costs. Our conclusions are in particular relevant to the current pandemic period which spurs heavy subsidization of firms and reformulation of firms' vertical relations.
{"title":"Subsidy policies and vertical integration in times of crisis: Can two virtues produce an evil?","authors":"Michele G. Giuranno, Marcella Scrimitore, G. Stamatopoulos","doi":"10.2139/ssrn.3434258","DOIUrl":"https://doi.org/10.2139/ssrn.3434258","url":null,"abstract":"Vertical integration in an environment without foreclosure, or more generally without any mechanisms that restrict competition among firms, and subsidization of firms' production are two separate mechanisms that raise consumer welfare, and both have been proposed as antidotes to certain aspects of the current economic crisis caused by COVID-19. In this paper we show that the interplay of the two can, surprisingly, be harmful for consumers. We consider a two-layer imperfectly competitive industry where each downstream firm purchases an input from its exclusive upstream supplier, in the presence of a welfare-maximizing government. We allow one (or more than one) of the downstream firms to integrate with its upstream counterpart and we identify two opposite resulting effects: on the one hand, integration alleviates the double marginalization problem and raises industry output and on the other, it alters the government's optimal subsidy policy in a way that reduces output. It turns out that the latter effect dominates the former and thus integration leads to lower market output and consumer surplus. This holds irrespective of the mode of downstream market competition (quantities or prices) or the nature of commodities (homogeneous or differentiated). It also holds when the fiscal policy of the government is subject to social costs. Our conclusions are in particular relevant to the current pandemic period which spurs heavy subsidization of firms and reformulation of firms' vertical relations.","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"22 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123420469","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}
Pub Date : 2020-10-31DOI: 10.15587/2706-5448.2020.215394
A. Bondar
The object of research is the sustainability and value of project-oriented organizations in the framework of the entropy concept. Ensuring the sustainability of project-oriented organizations should be carried out through the formation of their portfolio of projects. At the same time, in the short term, the entropy of the organization should correspond to a certain stability corridor. And with long-term planning, the implementation of projects should ensure an increase in the upper boundary of this corridor due to an increase in the level of the entropy barrier. The analysis of modern approaches to the formation of a portfolio of project-oriented organizations is carried out. The need for a new interpretation of the concepts of «value» and «sustainability» in the context of the entropic methodology of project management is determined. It has been established that the task of forming a portfolio of projects should be solved subject to ensuring the balance of «value-sustainability».
The research used the methods of system analysis and mathematical modeling. The concept of «sustainability of an organization» has received a new interpretation within the framework of the entropy concept, which defines sustainability as the ability to remain within the entropic barrier, which can be increased through the implementation of relevant projects. It is determined that «stability», measured by energy entropy, characterizes the state of the organization, and «value» is the result of its activities. Ensuring the balance «sustainability-value» is the essence of the main approach to project portfolio management of a project-oriented organization, that is, the achievement of certain results should not lead to an uncontrolled increase in entropy. The concept of «development project» has been expanded within the framework of the entropy methodology, which does not contradict existing approaches, but develops them, considering the result of development as an influence on entropy by influencing the parameters that form it.
A model for forming a project portfolio of a project-oriented organization has been developed. This model allows to determine the composition of the portfolio of projects of two categories – projects of current activity and development projects. Also, this model distributes them within the allocated time interval of the portfolio in order to balance the indicators of the state and results of the organization’s activities. This approach ensures sustainability in an entropic context while achieving the required level of organizational value.
{"title":"Modeling the Portfolio Structure of a Project-Oriented Organization Based on an Entropy Concept","authors":"A. Bondar","doi":"10.15587/2706-5448.2020.215394","DOIUrl":"https://doi.org/10.15587/2706-5448.2020.215394","url":null,"abstract":"The object of research is the sustainability and value of project-oriented organizations in the framework of the entropy concept. Ensuring the sustainability of project-oriented organizations should be carried out through the formation of their portfolio of projects. At the same time, in the short term, the entropy of the organization should correspond to a certain stability corridor. And with long-term planning, the implementation of projects should ensure an increase in the upper boundary of this corridor due to an increase in the level of the entropy barrier. The analysis of modern approaches to the formation of a portfolio of project-oriented organizations is carried out. The need for a new interpretation of the concepts of «value» and «sustainability» in the context of the entropic methodology of project management is determined. It has been established that the task of forming a portfolio of projects should be solved subject to ensuring the balance of «value-sustainability».<br><br>The research used the methods of system analysis and mathematical modeling. The concept of «sustainability of an organization» has received a new interpretation within the framework of the entropy concept, which defines sustainability as the ability to remain within the entropic barrier, which can be increased through the implementation of relevant projects. It is determined that «stability», measured by energy entropy, characterizes the state of the organization, and «value» is the result of its activities. Ensuring the balance «sustainability-value» is the essence of the main approach to project portfolio management of a project-oriented organization, that is, the achievement of certain results should not lead to an uncontrolled increase in entropy. The concept of «development project» has been expanded within the framework of the entropy methodology, which does not contradict existing approaches, but develops them, considering the result of development as an influence on entropy by influencing the parameters that form it.<br><br>A model for forming a project portfolio of a project-oriented organization has been developed. This model allows to determine the composition of the portfolio of projects of two categories – projects of current activity and development projects. Also, this model distributes them within the allocated time interval of the portfolio in order to balance the indicators of the state and results of the organization’s activities. This approach ensures sustainability in an entropic context while achieving the required level of organizational value.","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133213273","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}
M. McDonnell, Kate Odziemkowska, Elizabeth G. Pontikes
Social Movement Organizations (SMOs) are increasingly using collaborative tactics to engage firms. Implications of this are not well understood by researchers. This study investigates one risk that looms over such collaborations: if the corporate partner is later implicated in an industry scandal. Ideas are investigated in the context of the Deepwater Horizon Oil spill. First, we find that industry scandals differentially affect contentious and collaborative SMOs' ability to mobilize resources. SMOs that had collaborated with the oil and gas industry before the spill suffered from reduced public support after the spill, while those that had contentiously interacted with the industry enjoyed increased contributions. Second, we find that industry scandals affect SMOs' willingness to collaborate with firms in the future. We show that the Horizon Oil Spill produced a broad chilling effect on environmental SMOs' collaborations with firms both within and outside of the oil and gas industry. Our findings show that there are risks inherent to a collaborative strategy which cannot be fully mitigated. Further, we demonstrate that industry scandals represent critical exogenous events that affect social activists' tactical repertoires for engaging in private politics.
{"title":"Bad company: Shifts in Social Activists’ Tactics and Resources after Industry Scandals","authors":"M. McDonnell, Kate Odziemkowska, Elizabeth G. Pontikes","doi":"10.2139/ssrn.3005520","DOIUrl":"https://doi.org/10.2139/ssrn.3005520","url":null,"abstract":"Social Movement Organizations (SMOs) are increasingly using collaborative tactics to engage firms. Implications of this are not well understood by researchers. This study investigates one risk that looms over such collaborations: if the corporate partner is later implicated in an industry scandal. Ideas are investigated in the context of the Deepwater Horizon Oil spill. First, we find that industry scandals differentially affect contentious and collaborative SMOs' ability to mobilize resources. SMOs that had collaborated with the oil and gas industry before the spill suffered from reduced public support after the spill, while those that had contentiously interacted with the industry enjoyed increased contributions. Second, we find that industry scandals affect SMOs' willingness to collaborate with firms in the future. We show that the Horizon Oil Spill produced a broad chilling effect on environmental SMOs' collaborations with firms both within and outside of the oil and gas industry. Our findings show that there are risks inherent to a collaborative strategy which cannot be fully mitigated. Further, we demonstrate that industry scandals represent critical exogenous events that affect social activists' tactical repertoires for engaging in private politics.","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114387757","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}
Pub Date : 2020-09-11DOI: 10.17573/CEPAR.2020.2.08
M. Blazhivska, P. Petrovskyi
The study contains an analysis of the essence of decentralization and its impacts on the creation of territorial communities. Scholarly views on the essence of the concept of ‘territorial community’ are presented and its features mentioned. The factors that determine the regional development of the territorial community as a subject of economic relations in the region have been identified. The legislative regulation of the process of creation and development of territorial communities is analysed and the shortcomings of the current situation are pointed out. The degree of decentralization over the period 2018–2020 is briefly analysed and a description of the methodology for assessing the viability of the created territorial communities is given. It is emphasised that the methodology of formation of affluent territorial communities is described in the 2015 Ukrainian legislation and approved by the resolution of 8 April No. 214 “The methodology of formation of affluent territorial communities”. The calculated indicators are given on the example of the Stepanivska united territorial community and its prospects of development are estimated. Recommendations for improving the conditions of formation and development of territorial communities in the conditions of decentralization in Ukraine have been developed. The empirical methodology used in the study proved to be liquid and can be applied in practice to the formation of the territorial community as a subject of local development.
{"title":"Formation of Territorial Community as a Subject of Local Development","authors":"M. Blazhivska, P. Petrovskyi","doi":"10.17573/CEPAR.2020.2.08","DOIUrl":"https://doi.org/10.17573/CEPAR.2020.2.08","url":null,"abstract":"The study contains an analysis of the essence of decentralization and its impacts on the creation of territorial communities. Scholarly views on the essence of the concept of ‘territorial community’ are presented and its features mentioned. The factors that determine the regional development of the territorial community as a subject of economic relations in the region have been identified. The legislative regulation of the process of creation and development of territorial communities is analysed and the shortcomings of the current situation are pointed out. The degree of decentralization over the period 2018–2020 is briefly analysed and a description of the methodology for assessing the viability of the created territorial communities is given. It is emphasised that the methodology of formation of affluent territorial communities is described in the 2015 Ukrainian legislation and approved by the resolution of 8 April No. 214 “The methodology of formation of affluent territorial communities”. The calculated indicators are given on the example of the Stepanivska united territorial community and its prospects of development are estimated. Recommendations for improving the conditions of formation and development of territorial communities in the conditions of decentralization in Ukraine have been developed. The empirical methodology used in the study proved to be liquid and can be applied in practice to the formation of the territorial community as a subject of local development.","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"283 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122958945","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}
Companies often engage in product and service customization as part of a differentiation strategy, as it represents a source of competitive advantage. However, its effect on customer relationships as well as contingencies for its effective application is not well understood. In Particular, how it has an impact on the loyalty of a brand or company is still an open question. This paper modified Coelho and Henseler (2012) model to explore the influence of service customization on customer loyalty in the cellular phone operators. We hypothesized that customization increased product quality that would increase perceived value. The increased value would lead to customer satisfaction and ultimately loyalty. Customization also has effects on loyalty by increases in customer trust. Empirical validity was established by conducting a survey using a close_ended questionnaire. Data was collected from 305 respondents and analyzed using confirmatory factor analysis and structured equation modeling. The results suggested customization has a direct but inverse effect on loyalty. Moreover, it has a significant and positive effect on perceived quality as well as customer satisfaction. Perceived quality positively affects perceived values and Customer satisfaction. On focusing on the other channel, we found a negative effect of customization on trust. However trust positively affects loyalty, hence trust plays an inverse role in mediating customization and loyalty nexus. Lastly, customer satisfaction has a positive effect on both loyalty and trust. Customization has both direct and mediated effects on customer loyalty and interacts with the effects of customer satisfaction and customer trust on loyalty. Hence, the finding implies that customization has both direct and mediated effects on customer loyalty and interacts with the effects of customer satisfaction and customer trust on loyalty. This paper fills an important gap in the knowledge of customization outcomes, and clarifies under which circumstances customization is most effective. These results help managers to decide upon resource allocation to enhance customer satisfaction, trust, and loyalty.
{"title":"The Effect of Service Customization on Customer Loyalty Towards Mobile Network Operator in Pakistan: The Mediatory Role of Perceived Quality, Value, Customer Satisfaction, and Trust.","authors":"Nausheen Ashraf, D. Siddiqui","doi":"10.2139/ssrn.3683233","DOIUrl":"https://doi.org/10.2139/ssrn.3683233","url":null,"abstract":"Companies often engage in product and service customization as part of a differentiation strategy, as it represents a source of competitive advantage. However, its effect on customer relationships as well as contingencies for its effective application is not well understood. In Particular, how it has an impact on the loyalty of a brand or company is still an open question. This paper modified Coelho and Henseler (2012) model to explore the influence of service customization on customer loyalty in the cellular phone operators. We hypothesized that customization increased product quality that would increase perceived value. The increased value would lead to customer satisfaction and ultimately loyalty. Customization also has effects on loyalty by increases in customer trust. Empirical validity was established by conducting a survey using a close_ended questionnaire. Data was collected from 305 respondents and analyzed using confirmatory factor analysis and structured equation modeling. The results suggested customization has a direct but inverse effect on loyalty. Moreover, it has a significant and positive effect on perceived quality as well as customer satisfaction. Perceived quality positively affects perceived values and Customer satisfaction. On focusing on the other channel, we found a negative effect of customization on trust. However trust positively affects loyalty, hence trust plays an inverse role in mediating customization and loyalty nexus. Lastly, customer satisfaction has a positive effect on both loyalty and trust. Customization has both direct and mediated effects on customer loyalty and interacts with the effects of customer satisfaction and customer trust on loyalty. Hence, the finding implies that customization has both direct and mediated effects on customer loyalty and interacts with the effects of customer satisfaction and customer trust on loyalty. This paper fills an important gap in the knowledge of customization outcomes, and clarifies under which circumstances customization is most effective. These results help managers to decide upon resource allocation to enhance customer satisfaction, trust, and loyalty.","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134146185","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}
A company serves as an avenue for huge investments for carrying out its business essentially on the capital that's been raised from the general public. It is a common platform for different stakeholders for making investments to earn profits. The corpus raised belongs to various stakeholders, thus demanding that all the underlying transactions should be devoid of any attempt at dissimulation on the part of the company's management.
An independent director being an outsider not involved in the day-to-day management of the company is the best-suited person to act as a watchdog to ensure that the company is functioning objectively in the best interests of the stakeholders. It's the responsibility of the independent director to hold the management accountable in case of any suspected mismanagement within a company.
Thus, under such circumstances, it is apposite to acknowledge that with such huge amount of capital being raised and investments made; somewhere it rings a bell as to who shall bear the responsibility of such large scale investments being done? The practice across jurisdictions indicates that the presence of Independent directors is an answer to that.
The present write up delves into the current scenario in the Indian Corporate Sector and examine the role of Independent Director in Corporate Governance, in particular.
{"title":"Role of Independent Directors in a Company: A Conscious Keeper for Corporate Governance?","authors":"Shaheen Banoo","doi":"10.2139/ssrn.3669220","DOIUrl":"https://doi.org/10.2139/ssrn.3669220","url":null,"abstract":"A company serves as an avenue for huge investments for carrying out its business essentially on the capital that's been raised from the general public. It is a common platform for different stakeholders for making investments to earn profits. The corpus raised belongs to various stakeholders, thus demanding that all the underlying transactions should be devoid of any attempt at dissimulation on the part of the company's management. <br><br>An independent director being an outsider not involved in the day-to-day management of the company is the best-suited person to act as a watchdog to ensure that the company is functioning objectively in the best interests of the stakeholders. It's the responsibility of the independent director to hold the management accountable in case of any suspected mismanagement within a company. <br><br>Thus, under such circumstances, it is apposite to acknowledge that with such huge amount of capital being raised and investments made; somewhere it rings a bell as to who shall bear the responsibility of such large scale investments being done? The practice across jurisdictions indicates that the presence of Independent directors is an answer to that. <br><br>The present write up delves into the current scenario in the Indian Corporate Sector and examine the role of Independent Director in Corporate Governance, in particular.","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129548468","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}
This survey begins with an overview of the WTO/GATT system, which has been the heart of the rules-based, multilateral trading regime for over 70 years. It then devotes considerable attention to the WTO’s dispute settlement system and how its has functioned to date. The survey examines the principles and rules contained in the WTO agreements – trade liberalization; non-discrimination (focusing on GATT Articles I (most-favored-nation treatment) and III (national treatment); fair trade (focusing on the rules relating to dumping, subsidies and intellectual property); transparency; and special treatment for developing countries. The survey then examines the principal exceptions to the rules, including those for safeguards, national security and balance of payments. Special attention is given to the exception for public policy (morals, health, conservation), including consideration of the TBT and SPS Agreements. The survey closes with thoughts on the WTO’s current twin crises: the failure of its negotiating function and the collapse of the Appellate Body.
{"title":"The World Trade Organization: A Survey of its Rules and Current Crises","authors":"W. Davey","doi":"10.2139/ssrn.3664201","DOIUrl":"https://doi.org/10.2139/ssrn.3664201","url":null,"abstract":"This survey begins with an overview of the WTO/GATT system, which has been the heart of the rules-based, multilateral trading regime for over 70 years. It then devotes considerable attention to the WTO’s dispute settlement system and how its has functioned to date. The survey examines the principles and rules contained in the WTO agreements – trade liberalization; non-discrimination (focusing on GATT Articles I (most-favored-nation treatment) and III (national treatment); fair trade (focusing on the rules relating to dumping, subsidies and intellectual property); transparency; and special treatment for developing countries. The survey then examines the principal exceptions to the rules, including those for safeguards, national security and balance of payments. Special attention is given to the exception for public policy (morals, health, conservation), including consideration of the TBT and SPS Agreements. The survey closes with thoughts on the WTO’s current twin crises: the failure of its negotiating function and the collapse of the Appellate Body.","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129810631","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}
We use Wolff’s standard Marxist class conflict theory to explain that the BLM alliance with crony capitalism is best understood as the capitalist class co-opting BLM with the tool of racism, in order to perpetuate global capitalism.
We argue that the recent crony corporate capitalist endorsements of the use of the term “systemic racism” enables the capitalist class to reproduce itself by continually pointing out to BLM that their conditions of oppression are caused by racism, not global crony capitalism.
{"title":"BLM Marxism and the Emerging Alliance With Global Corporate Crony Capitalism.","authors":"Laurie Thomas Vass","doi":"10.2139/ssrn.3660493","DOIUrl":"https://doi.org/10.2139/ssrn.3660493","url":null,"abstract":"We use Wolff’s standard Marxist class conflict theory to explain that the BLM alliance with crony capitalism is best understood as the capitalist class co-opting BLM with the tool of racism, in order to perpetuate global capitalism.<br><br>We argue that the recent crony corporate capitalist endorsements of the use of the term “systemic racism” enables the capitalist class to reproduce itself by continually pointing out to BLM that their conditions of oppression are caused by racism, not global crony capitalism.<br>","PeriodicalId":112052,"journal":{"name":"Organizations & Markets: Formal & Informal Structures eJournal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132330319","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}
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