Pub Date : 2015-12-22DOI: 10.15209/jbsge.v10i2.855
Harry Bleas
Since the 1970s transnational corporations have increasingly sought to move business to locations where labour was cheapest. They saw this as an opportunity to maximize profit and reduce tax. The paper compares the experiences of Singapore and Hong Kong, the first wave of countries to open their markets to foreign corporations, with other countries such as Bangladesh and Myanmar which are the latest countries to enter into the ‘cheap labour for hire’ business. The paper argues that countries that do not have strong government policies face having their country being used for forced labour by unscrupulous corporations and individuals seeking to make huge profits.
{"title":"The Corporate State: Historical Prospective on International Industrial Relations","authors":"Harry Bleas","doi":"10.15209/jbsge.v10i2.855","DOIUrl":"https://doi.org/10.15209/jbsge.v10i2.855","url":null,"abstract":"Since the 1970s transnational corporations have increasingly sought to move business to locations where labour was cheapest. They saw this as an opportunity to maximize profit and reduce tax. The paper compares the experiences of Singapore and Hong Kong, the first wave of countries to open their markets to foreign corporations, with other countries such as Bangladesh and Myanmar which are the latest countries to enter into the ‘cheap labour for hire’ business. The paper argues that countries that do not have strong government policies face having their country being used for forced labour by unscrupulous corporations and individuals seeking to make huge profits.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"293 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2015-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77385796","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 : 2015-12-22DOI: 10.15209/JBSGE.V10I1.841
Michael A. Adams, Grace Borsellino
One of the long term research questions for the multi-disciplinary study of corporate governance, has been the link between good governance and share price or other measures of value. This has been quite difficult to establish in either the legal or finance or management disciplines, but there appears to be clear evidence of corporate sustainability where quality governance practices are applied consistently. Isolating out individual factors, such as board structures, specific cultures and corporate policies, has been particularly difficult as there are so many permutations. There currently exists a significant volume of global research on the role of gender, as a part of the board composition and there are positive returns, with some caveats. This paper begins to examine and question as to whether there are positive links to a broader concept of board diversity, including gender, age and ethnicity. There have been a number of developments across Asia, including Japan, China, Singapore and Hong Kong, which provide a different paradigm from the traditional Australian comparisons with United Kingdom, America and even Europe. The hardest question is whether we should have targets or mandatory quotas.
{"title":"Is there a positive link between corporate governance and board diversity? : lessons from Asia","authors":"Michael A. Adams, Grace Borsellino","doi":"10.15209/JBSGE.V10I1.841","DOIUrl":"https://doi.org/10.15209/JBSGE.V10I1.841","url":null,"abstract":"One of the long term research questions for the multi-disciplinary study of corporate governance, has been the link between good governance and share price or other measures of value. This has been quite difficult to establish in either the legal or finance or management disciplines, but there appears to be clear evidence of corporate sustainability where quality governance practices are applied consistently. Isolating out individual factors, such as board structures, specific cultures and corporate policies, has been particularly difficult as there are so many permutations. There currently exists a significant volume of global research on the role of gender, as a part of the board composition and there are positive returns, with some caveats. This paper begins to examine and question as to whether there are positive links to a broader concept of board diversity, including gender, age and ethnicity. There have been a number of developments across Asia, including Japan, China, Singapore and Hong Kong, which provide a different paradigm from the traditional Australian comparisons with United Kingdom, America and even Europe. The hardest question is whether we should have targets or mandatory quotas.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"25 1","pages":"1-10"},"PeriodicalIF":0.5,"publicationDate":"2015-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72885688","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 : 2015-12-22DOI: 10.15209/JBSGE.V10I2.853
Yongqiang Li
This paper will review the small and medium-sized enterprises (SMEs) and entrepreneurship finance policies and practice in OECD countries by gleaning the best evidence available. The paper treated SME financing as a governance issue and applied the governance analytical techniques. The study integrated both the supply and demand sides of the SME finance in the analysis of SME access to finance, credit reporting, alternative financing options, financing innovation and the situation of market failure. The review finds that Australia has fallen far behind the other OECD countries in making efforts to understand the demands of small business financing and hence failed to respond to such unmet needs due to lack of solid evidence. Good practice and lessons learned summarised from the review may shed light on the policy development for SME and entrepreneurship finance in Australia in the future.
{"title":"SMEs and Entrepreneurial Finance in OECD Countries: Good Practice and Lessons Learned","authors":"Yongqiang Li","doi":"10.15209/JBSGE.V10I2.853","DOIUrl":"https://doi.org/10.15209/JBSGE.V10I2.853","url":null,"abstract":"This paper will review the small and medium-sized enterprises (SMEs) and entrepreneurship finance policies and practice in OECD countries by gleaning the best evidence available. The paper treated SME financing as a governance issue and applied the governance analytical techniques. The study integrated both the supply and demand sides of the SME finance in the analysis of SME access to finance, credit reporting, alternative financing options, financing innovation and the situation of market failure. The review finds that Australia has fallen far behind the other OECD countries in making efforts to understand the demands of small business financing and hence failed to respond to such unmet needs due to lack of solid evidence. Good practice and lessons learned summarised from the review may shed light on the policy development for SME and entrepreneurship finance in Australia in the future.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"195 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2015-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74999520","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 : 2015-12-22DOI: 10.15209/JBSGE.V10I3.862
Yiying Wang, M. P. Ramaswamy
Transparency, as a fundamental principle of international trade, could reduce the cost caused by information asymmetries and promote market predictability as well as non-discriminatory treatments. This paper examines transparency provisions in both World Trade Organization (WTO) rules at the multilateral level and Asia-Pacific regional trade agreements (RTAs) at the regional as well as bilateral level. Comparing with WTO provisions, the evolving practice in Asia-Pacific RTAs successfully reinforces and deepens current multilateral transparency obligations. Besides, the importance of transparency of the preferential trade treatments is also investigated in the WTO Transparency Mechanism for Preferential Trade Arrangements. The authors argued that the homogenous content of the examined Asia-Pacific RTAs transparency development provides a governance initiative that could well offer lessons for the WTO.
{"title":"Enhancing Trade Governance through Bench Marking Transparency Standards in Asia-Pacific Regional Trade Agreements","authors":"Yiying Wang, M. P. Ramaswamy","doi":"10.15209/JBSGE.V10I3.862","DOIUrl":"https://doi.org/10.15209/JBSGE.V10I3.862","url":null,"abstract":"Transparency, as a fundamental principle of international trade, could reduce the cost caused by information asymmetries and promote market predictability as well as non-discriminatory treatments. This paper examines transparency provisions in both World Trade Organization (WTO) rules at the multilateral level and Asia-Pacific regional trade agreements (RTAs) at the regional as well as bilateral level. Comparing with WTO provisions, the evolving practice in Asia-Pacific RTAs successfully reinforces and deepens current multilateral transparency obligations. Besides, the importance of transparency of the preferential trade treatments is also investigated in the WTO Transparency Mechanism for Preferential Trade Arrangements. The authors argued that the homogenous content of the examined Asia-Pacific RTAs transparency development provides a governance initiative that could well offer lessons for the WTO.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"8 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2015-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78743437","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 : 2015-12-22DOI: 10.15209/JBSGE.V10I3.858
M. Rix
This paper investigates corporate governance in the Australian Security Intelligence Organisation (ASIO), Australia's domestic intelligence agency. The paper seeks to determine and understand the extent to which ASIO's approach to corporate governance emulates that of organisations in the wider public sector and the private sector. This examination of ASIO's corporate governance considers the organisation's purpose, functions and extraordinary powers focusing on the importance of secrecy to achieving its objectives. The paper will also assess whether it is appropriate to attempt to assess ASIO's corporate governance in the same terms, and according to like standards, as are used to evaluate governance in 'normal' or 'regular' public and private sector organisations. Finally, the paper provides an overall evaluation of ASIO's approach to corporate governance and considers how this approach affects the organisation's treatment of its stakeholders and the extent to which it serves their interests.
{"title":"Is ASIO's corporate governance an oxymoron?","authors":"M. Rix","doi":"10.15209/JBSGE.V10I3.858","DOIUrl":"https://doi.org/10.15209/JBSGE.V10I3.858","url":null,"abstract":"This paper investigates corporate governance in the Australian Security Intelligence Organisation (ASIO), Australia's domestic intelligence agency. The paper seeks to determine and understand the extent to which ASIO's approach to corporate governance emulates that of organisations in the wider public sector and the private sector. This examination of ASIO's corporate governance considers the organisation's purpose, functions and extraordinary powers focusing on the importance of secrecy to achieving its objectives. The paper will also assess whether it is appropriate to attempt to assess ASIO's corporate governance in the same terms, and according to like standards, as are used to evaluate governance in 'normal' or 'regular' public and private sector organisations. Finally, the paper provides an overall evaluation of ASIO's approach to corporate governance and considers how this approach affects the organisation's treatment of its stakeholders and the extent to which it serves their interests.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"171 1","pages":"1"},"PeriodicalIF":0.5,"publicationDate":"2015-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73360067","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 : 2015-12-22DOI: 10.15209/JBSGE.V10I2.854
A. Ediriweera, Anona Armstrong, Kumudini Heenetigala
Public and academic discussion on corporate governance and its related issues are clearly visible in any country with active capital markets. This suggests that good governance is a crucial factor for ensuring economic development. However, few studies can be found relating to non-listed or smaller firms. With the aim of contributing to this knowledge gap, this study reviewed the literature specific to corporate governance in family business in an emerging market, Sri Lanka, a small developing country with average lower middle income. The development of corporate governance best practices in Sri Lanka has been strongly affected by British models and systems, which derive from the Anglo- Saxon model of corporate governance. However, previous researchers who found that ownership of many listed companies was concentrated mainly in individual shareholders or a family concluded that family business in Sri Lanka is very critical to the economic development of the country. This study presents a review of non-listed and small to medium family business, and their two-tier mechanism of governing.
{"title":"Governance in family business: a literature review","authors":"A. Ediriweera, Anona Armstrong, Kumudini Heenetigala","doi":"10.15209/JBSGE.V10I2.854","DOIUrl":"https://doi.org/10.15209/JBSGE.V10I2.854","url":null,"abstract":"Public and academic discussion on corporate governance and its related issues are clearly visible in any country with active capital markets. This suggests that good governance is a crucial factor for ensuring economic development. However, few studies can be found relating to non-listed or smaller firms. With the aim of contributing to this knowledge gap, this study reviewed the literature specific to corporate governance in family business in an emerging market, Sri Lanka, a small developing country with average lower middle income. The development of corporate governance best practices in Sri Lanka has been strongly affected by British models and systems, which derive from the Anglo- Saxon model of corporate governance. However, previous researchers who found that ownership of many listed companies was concentrated mainly in individual shareholders or a family concluded that family business in Sri Lanka is very critical to the economic development of the country. This study presents a review of non-listed and small to medium family business, and their two-tier mechanism of governing.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"19 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2015-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84859002","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 : 2015-12-22DOI: 10.15209/jbsge.v10i1.842
Sheng Guo
A corporation is a legal person with group personality created by the law and is considered to have the freedom of autonomy as a subject of private law. A corporation is also considered as shareholders’ tool to pursue profit just like a kite flown by shareholders especially substantial shareholders. A corporation is considered as a contractual combination, a gathering place of stakeholders and constituting a cell of society. A corporation is described as a Utopia. …With different interest claims, subjects such as management, shareholders, directors, creditors, employees and others who coexist in a corporation through the certain formal structure of corporate governance.
{"title":"Judicial Intervention to Corporate Governance: Causes and Approaches","authors":"Sheng Guo","doi":"10.15209/jbsge.v10i1.842","DOIUrl":"https://doi.org/10.15209/jbsge.v10i1.842","url":null,"abstract":"A corporation is a legal person with group personality created by the law and is considered to have the freedom of autonomy as a subject of private law. A corporation is also considered as shareholders’ tool to pursue profit just like a kite flown by shareholders especially substantial shareholders. A corporation is considered as a contractual combination, a gathering place of stakeholders and constituting a cell of society. A corporation is described as a Utopia. …With different interest claims, subjects such as management, shareholders, directors, creditors, employees and others who coexist in a corporation through the certain formal structure of corporate governance.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"43 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2015-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77096898","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 : 2015-12-22DOI: 10.15209/jbsge.v10i1.845
Bernice Davies
The objective of this paper is to develop a conceptual framework, based on the corporate governance theory of institutional isomorphism, to explain key drivers of the varied research governance practices in Victorian hospitals in relation to the newly introduced National Mutual Acceptance (NMA). The paper commences with a brief discussion of the clinical and economic importance of clinical research. This is followed by a conceptualisation of four pillars in research governance. The following step overlays the constructs of institutional isomorphic theory: organisational legitimacy, organisational fields and the mechanisms of coercive, mimetic and normative isomorphism, on the governance pillars. This conceptual crossover identifies potential areas that, in addition to regulatory obligations, may influence the level of organisational engagement with NMA objectives. In so doing the model provides meaning and significance to different corporate approaches to the governance of clinical research in organisational address of the implications of the National Mutual Acceptance
{"title":"Using the theory of institutional isomorphism to create a conceptual framework of the governance of clinical research in relation to National Mutual Acceptance","authors":"Bernice Davies","doi":"10.15209/jbsge.v10i1.845","DOIUrl":"https://doi.org/10.15209/jbsge.v10i1.845","url":null,"abstract":"The objective of this paper is to develop a conceptual framework, based on the corporate governance theory of institutional isomorphism, to explain key drivers of the varied research governance practices in Victorian hospitals in relation to the newly introduced National Mutual Acceptance (NMA). The paper commences with a brief discussion of the clinical and economic importance of clinical research. This is followed by a conceptualisation of four pillars in research governance. The following step overlays the constructs of institutional isomorphic theory: organisational legitimacy, organisational fields and the mechanisms of coercive, mimetic and normative isomorphism, on the governance pillars. This conceptual crossover identifies potential areas that, in addition to regulatory obligations, may influence the level of organisational engagement with NMA objectives. In so doing the model provides meaning and significance to different corporate approaches to the governance of clinical research in organisational address of the implications of the National Mutual Acceptance","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"27 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2015-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83490556","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 : 2015-12-22DOI: 10.15209/jbsge.v10i3.861
Stjepan Bosnjak
{"title":"The Kangaroo and the Dragon: Party Ideology and its Impacts on Australia’s Methods of International Governance with the PRC as A Case Study","authors":"Stjepan Bosnjak","doi":"10.15209/jbsge.v10i3.861","DOIUrl":"https://doi.org/10.15209/jbsge.v10i3.861","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"173 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2015-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85019759","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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