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Journal articles on the topic 'Corporate resolutions'
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1
Glinka, Justyna, and Łukasz Chyla. "Charakter prawny uchwał organów spółek kapitałowych na tle problematyki sporów korporacyjnych." Prawo 322 (July 6, 2017): 17–30. http://dx.doi.org/10.19195/0524-4544.322.2.
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The legal nature of resolutions of the governing bodies of corporate companies against the background of corporate disputesControversies accompanying corporate disputes are detrimental to the confidence of trade and economic turnover. The legal nature of resolutions of corporate bodies in companies is an issue of current relevance which is intrinsically linked to many further aspects of corporate disputes, including appealing against resolutions. The said issue requires comprehensive commentary primarily because sometimes the availability of a particular remedy is governed by the prior determination of legal nature of the contested act of will. Statements presented in doctrine and jurisprudence are not consistent in the presented matter. Taking into account the autonomous procedure of appealing only against the shareholders’ resolutions art. 249–254 or art. 422–427 of the Code of Commercial Companies, which is independent of legal nature of contested resolution, the burden of the problem, at first glance, focuses on the resolutions of other bodies the management board, the supervisory board and the audit committee. However, when considering, for instance, the concept of non-existent resolutions, it turns out that the problem relates to resolutions of all corporate bodies. Not to mention the issue of defects of will, regulated in art. 82–88 of the Civil Code. To answer whether a flawed resolution is appealable on the background of the general provisions art. 58 of the Civil Code in connection with art. 189 of the Code of Civil Procedure, firstly, it must be determined whether a specific resolution can be qualified as a legal act.The Authors of the article, beside presentation of dominant concepts on the legal nature of resolution, specify the importance of the said issue to the whole matter of corporate disputes and identify the most convincing solutions.
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Raghupathi, Viju, Jie Ren, and Wullianallur Raghupathi. "Identifying Corporate Sustainability Issues by Analyzing Shareholder Resolutions: A Machine-Learning Text Analytics Approach." Sustainability 12, no. 11 (June 10, 2020): 4753. http://dx.doi.org/10.3390/su12114753.
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Corporations have embraced the idea of corporate environmental, social, and governance (ESG) under the general framework of sustainability. Studies have measured and analyzed the impact of internal sustainability efforts on the performance of individual companies, policies, and projects. This exploratory study attempts to extract useful insight from shareholder sustainability resolutions using machine learning-based text analytics. Prior research has studied corporate sustainability disclosures from public reports. By studying shareholder resolutions, we gain insight into the shareholders’ perspectives and objectives. The primary source for this study is the Ceres sustainability shareholder resolution database, with 1737 records spanning 2009–2019. The study utilizes a combination of text analytic approaches (i.e., word cloud, co-occurrence, row-similarities, clustering, classification, etc.) to extract insights. These are novel methods of transforming textual data into useful knowledge about corporate sustainability endeavors. This study demonstrates that stakeholders, such as shareholders, can influence corporate sustainability via resolutions. The incorporation of text analytic techniques offers insight to researchers who study vast collections of unstructured bodies of text, improving the understanding of shareholder resolutions and reaching a wider audience.
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Dahlan, Nur Khalidah, Muhamad Helmi Md. Said, and Ramalinggam Rajamanickam. "MEDIATION: PRACTICE IN THE CORPORATE WORLD." UUM Journal of Legal Studies 12, Number 1 (January 31, 2021): 51–67. http://dx.doi.org/10.32890/uumjls2021.12.1.3.
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The relationship between parties in corporate world is essential in order to addressing business disagreements. Where it is focusing on the language of business contract per se. Despite various dispute solutions and legal provisions on corporate, company and shareholder rights, all the parties concern are still facing some challenges. Mediation method is one of the alternative dispute resolutions for those who seeks justice without undergo the court proceeding. It is a swift and inexpensive form of dispute resolution. Mediator’s role is to facilitate the disputing parties, and utilizes both joint and private sessions to assist them to achieve consensus. In view of the economic interest, and with a vision to maintain their business relation, a private settlement is preferred between them. This study is using the doctrinal and comparative research methods. In which, this study is comparing the pertinent literature on jurisdiction of the court and Mediation Bodies in terms of Corporate / Company / Shareholders. The discoveries of this study are vital in describing the pros and cons of mediation practices and how it reflects justice to the Malaysian society.
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Vieira, Maria Beatriz Grella. "Reflexões sobre arbitrabilidade objetiva e o voto da administração pública na qualidade de controladora de sociedade de economia mista." Revista Brasileira de Arbitragem 16, Issue 63 (October 1, 2019): 59–76. http://dx.doi.org/10.54648/rba2019031.
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The purpose of this paper is to assess whether disputes related to corporate resolutions composed by the vote of a public entity in its capacity of controlling shareholder of a mixed private-public ownership company is subject to arbitration, considering that the public entity may guide the activities of the company to meet the public interest that justified its incorporation. In this way, the public interest will be analyzed vis-à-vis the disposition of the right and the possibility of settling disputes involving public entities through arbitration, as well as objective arbitrability of corporate conflicts. The conclusion is that the disputes involving corporate resolutions formed by the vote of the public entity could be subject to arbitration, even if the vote aimed to meet a primary public interest.
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Lahsasna, Ahcene. "Fatwa and Its Shariah Methodology in Islamic Finance." Journal of Fatwa Management and Research 2, no. 1 (October 23, 2018): 133–79. http://dx.doi.org/10.33102/jfatwa.vol2no1.121.
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Fatwa plays a very significant role in Shariah by providing different resolutions and solutions to the Muslim community when it is needed to ensure the compliance with principles of Shariah and commends of God. It should be understood that fatwa is not confined to particular section in Islamic law but it covers the entire sections and subsection of Islamic law including business, finance and trade. Today, fatwa takes a different shape in Islamic finance; it is introduced and presented in the industry in the form of resolutions issued by Shariah board members who represent Shariah corporate governance body in the structure of the Islamic financial institutions. The resolution is further structured in the form of Shariah endorsement which is part and parcel of product approval as required by the regulators. The present paper discusses fatwa and its methodology in Islamic finance to ensure a sound process of issuing an accurate resolutions that comply with the rules and guidelines that have been set in Islamic jurisprudence.
Key words: Fatwa, resolutions, methodology, sources of Shariah, Shariah board.
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Grosvold, Johanne, Stefan Hoejmose, and Kathleen Rehbein. "Shareholder Resolutions and Corporate Interlocks: An Empirical Test of Network Effects." Academy of Management Proceedings 2013, no. 1 (January 2013): 15800. http://dx.doi.org/10.5465/ambpp.2013.15800abstract.
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McCormick, Albert E., and Frederick P. Zampa. "Over‐riding accusations: Contexts of corporate responses to stockholder proxy resolutions∗." Deviant Behavior 11, no. 2 (April 1990): 175–93. http://dx.doi.org/10.1080/01639625.1990.9967841.
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Chyla, Łukasz. "Remarks on the current situation of Polish intra-corporate dispute arbitration as compared to German and Italian equivalents." Fundamental and applied researches in practice of leading scientific schools 40, no. 4 (September 30, 2020): 41–49. http://dx.doi.org/10.33531/farplss.2020.4.6.
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The article presents the latest legal changes introduced by the reform of the arbitration law, focusing primarily on the amended articles 1157 and 1163 of the Polish code of civil procedure. The reform grants the objective arbitrability to the intra-corporate disputes- especially regarding disputes over validity of shareholders’ resolutions. Previously, the lack of objective arbitrability together with other legal impediments to the polish arbitration courts’ jurisdiction over those disputes was known for hindering the development of Polish corporate arbitration. The aim of this article is to analyze the situation of Polish corporate arbitration framework from European comparative perspective as well as potential new challenges for Polish corporate arbitration triggered by the reform.
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Ali, Naheeda, and Kanwal Iqbal Khan. "Corporate Social Responsibility: A Commercial Law Perspective." Global Legal Studies Review VII, no. II (June 30, 2022): 26–35. http://dx.doi.org/10.31703/glsr.2022(vii-ii).03.
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The disparity between the affluent and the poor in Pakistani society has widened. Although the state's "invisible hand" control is the cause of sustainability, there are numerous places where it may be improved. This study investigates the tight relationship between Commercial laws, social responsibility, and systematic development of corporate social responsibility (CSR) from a commercial law viewpoint. It also examines a correlation between CSR and Corporate Governance about Corporate Financial Performance, as well as the impacts of corporate strategies, Board resolutions, and decisions on corporate performance through various aspects of the 4Ps (People, Purpose, Process, and Performances). The study concludes that we can only get better results by combining all with the law, mainly through CSR activities. This research aims to enhance Pakistan's long-term commercial and social growth.
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Tan, Duo Jiao, and Si Lin Yu. "Ownership Structure and Corporate Governance - A Empirical Study of Chinese Listed Companies." Advanced Materials Research 225-226 (April 2011): 1314–17. http://dx.doi.org/10.4028/www.scientific.net/amr.225-226.1314.
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Based on the cross-sectional data and from the shareholding structure, this paper analyzes the current status of ownership structure of Chinese listed companies, with ROE as the measure of the efficiency of corporate governance. It uses the regression analysis method to study the equity structure effects of listed corporate governance empirically. The conclude points out the factors of imperfect governance structure and the resolutions of that, as well as the policy recommendations of optimizing the ownership structure of listed companies and improving the governance structure.
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Mulligan, John, and Bilal Rehman. "Corporate medical cultures: MD Anderson as a case study in American corporate medical values." Medical Humanities 46, no. 1 (May 24, 2019): 84–92. http://dx.doi.org/10.1136/medhum-2018-011556.
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This paper contributes to the evolving body of literature diagnosing the ‘business-like’ transformation of American medicine by historicising and recuperating the concepts of medical leadership and the corporation. In an analysis of the evolving uses of ‘leadership’ in medical literature, we argue that the term’s appeal derives from its ability to productively articulate the inevitable conflicts that arise between competing values in corporations, and so should be understood as a response to the neoliberal corporation’s false resolutions of conflict according to the single value of profit (or consumer welfare for the business-like non-profit). Drawing on mid-century theories of the corporation to reframe dominant social histories of medical corporatisation, we go on to argue that large medical institutions are productive sites for deliberation over the medical profession’s social contract. Our primary case study for this longer historical and broader theoretical argument is the MD Anderson Cancer Center, the world’s foremost treatment hospital for patients with cancer. We hold that the historical trajectory that led to MD Anderson’s exceptional but exemplary place in the evolution of American corporate medicine is reflective of historical trends in the practice.
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Gray, Taylor R. "Mapping a corporate governance exchange: a survey of Canadian shareholder resolutions 2000–2009." Journal of Sustainable Finance & Investment 1, no. 1 (February 1, 2011): 30–43. http://dx.doi.org/10.3763/jsfi.2010.0005.
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Stepanov, D. I. "DANGEROUS COUNTERMAJORITARIAN APPROACH IN DECLARING CORPORATE RESOLUTIONS AS NULL AND VOID (PART 3)." Zakon 16, no. 1 (2021): 115–24. http://dx.doi.org/10.37239/0869-4400-2021-16-1-115-124.
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Knapp, Vanessa. "Sustainable Corporate Governance: A Way Forward?" European Company and Financial Law Review 18, no. 2 (April 1, 2021): 218–43. http://dx.doi.org/10.1515/ecfr-2021-0010.
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Abstract This article looks at proposals to improve sustainable corporate governance of companies. These include: how to deal with shareholder primacy; a proposed requirement for companies to have an overarching purpose “to create sustainable value within planetary boundaries;” a directors’ duty to promote the undertaking’s interests to fulfil its overarching purpose; a directors’ duty to balance stakeholders’ interests; a duty to undertake a due diligence sustainability assessment; company and director liability for breaches; stakeholder enforcement of directors’ duties and public enforcement of directors’ duties. It considers problems with the proposals. It suggests alternative ways to make companies’ corporate governance more sustainable, including: improved corporate reporting relating to engagement with key stakeholders and how this contributes to the company’s long-term sustainability; better viability reporting by companies; reporting on capital allocation; better stewardship similar to the UK Stewardship Code 2020; more collaborative engagement by shareholders with companies in a manner similar to that promoted by the UK Investor Forum; making requisitioning of resolutions work better in practice; and, possibly, a vote on whether the company is creating sustainable value in the long term (a say on sustainability).
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Yakovlev, Alexander. "Legal regulation of corporate governance in state agricultural companies in Russia." E3S Web of Conferences 222 (2020): 06003. http://dx.doi.org/10.1051/e3sconf/202022206003.
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The article considers legal aspects of corporate governance in an important sector of the Russian economy - agriculture. The author concentrates his attention on state companies. Today there are much less state agricultural companies then 10 or even 5 years earlier. The most famous are JSC “Rosagroleasing”, JSC “United grain company” and JSC “Head center for reproduction of agricultural animals”. The biggest state agricultural companies are in federal property. Russian regions are owners of agricultural companies too. Every owner (the Russian Federation or Russian regions) establishes its own rules for the functioning of companies. Some regions have special regional laws on governing state companies. Others adopted government resolutions. There is a big difference between legal regulation on corporate governance in state and private agricultural companies in Russia. Sate companies are highly regulated by different kind of legal acts.
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Ryan, Howard. "Beyond Opt Out: A Broader Challenge to Corporate School Reform." Monthly Review 68, no. 2 (June 3, 2016): 35. http://dx.doi.org/10.14452/mr-068-02-2016-06_3.
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As the corporate takeover of public schools proceeds apace on a global scale, so too does the grassroots resistance. In the United States…. [o]ver 600,000 parents opted their children out of the tests in spring 2015; students have launched walkouts and boycotts; school boards are passing resolutions against overtesting; and teachers at a Seattle high school collectively refused to administer a test they deemed harmful to instruction. These actions and more demonstrate the hope and promise of public schools as sites for resilience and democratic resistance, even as corporate interests tighten their grip on schools under cover of "education reform." This article reflects strategically on the fight for public education, with a special focus on the Opt Out movement, which was recently the subject of a special issue of Monthly Review. My treatment applauds opting out as a tactic in an organizing toolkit, but rejects it as a strategy, and takes issue with the analysis of corporate school reform proffered by the leading advocates of Opt Out.Click here to purchase a PDF version of this article at the Monthly Review website.
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Abtahi, Hamideh Sadat, Ali Radan Jebeil, Majid Bonakdar, Omolbanin Darvishpoorian, and Gholamhossein Masud. "Trade Firms Managers' Authorities in Iranian Trade Law." Journal of Politics and Law 9, no. 2 (March 31, 2016): 41. http://dx.doi.org/10.5539/jpl.v9n2p41.
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<p>Corporate of joint-stock companies with the rule of law is done by a group of directors as the Board of Directors and the CEO assignment but corporate of other firms such conduct is not legally binding and can also pay a manager to manage them individually that this a great damage because of his individual actions contradict interests of the firms and director, he/she will be taking a personal interest and this not only for the third parties but also for partners will be susceptible to harm and great responsibilities. The studies in this paper indicate that the authorities and duties of managers in joint-stock companies in law stated separately but about the other trade, generally known as a lawyer and representative. Managers of joint-stock companies must be in accordance with the law and the resolutions of the General Assembly and the Board of Directors' decisions on corporate governance but in other trade firms, most of the managers' authorities, is general.</p>
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Michael, Bryane, and S. H. Goo. "Corporate governance and its reform in Hong Kong: a study in comparative corporate governance." Corporate Governance 15, no. 4 (August 3, 2015): 444–75. http://dx.doi.org/10.1108/cg-09-2013-0109.
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Purpose – The purpose of this paper was to determine to what extent Hong Kong’s experience proves (or disproves) theories from corporate governance in the areas of family ownership, concentration, self-dealing in Hong, executive compensation and other issues. This paper – written in the comparative corporate governance tradition – uses data from Hong Kong to discuss wider trends and issues in the corporate governance literature. Design/methodology/approach – The authors use the comparative corporate governance approach – exposing a range of corporate governance theories to the light of Hong Kong data. The authors purposely avoid over-theorising – leaving the data to speak for themselves for other researchers interested in such theorising. Findings – The authors find that Hong Kong presents corporate challenges that are unique among upper-income jurisdictions – in terms of potentially harmful (shareholder value diminishing) family relationships, shareholder concentration and self-dealing by insiders. The authors also show that excessive executive compensation, accounting and audit weaknesses do not pose the same kinds of problems they do in other countries. The authors provide numerous comments on theoretical papers throughout the presentation in this paper. Research limitations/implications – The authors chose a relatively unused research approach that eschews theory building – instead, the authors use data from a range of sectors to build an overall picture of corporate governance in Hong Kong. The authors subsequently affirm or critique the theories of others in this paper. Practical implications – The original analysis conducted by the authors provided 22 recommendations for revising listing rules for Hong Kong’s stock exchange. Others – particularly Asian officials – should consider Hong Kong’s experience when revising their own corporate governance listing rules and regulations. Originality/value – This paper offers new and original insights in four directions. First, the authors use the empiricist’s method – presenting data from a wide range of corporate governance areas to comment on and critique existing studies. Second, the authors provide a system-wide view of corporate governance – showing how different parts of corporate governance rules work together using concrete data. Third, the authors provide a new study in the comparative corporate governance tradition – another brick in the wall that is “normal scientific progress”. Fourth, the authors pose tentative resolutions to highly debated questions in corporate governance for the specific time and place of Hong Kong in the early 2010s.
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Ramelan, Yudha. "PENERAPAN SAKSI PIDANA KORPORASI PADA BANK DAN IMPLIKASINYA." Masalah-Masalah Hukum 48, no. 1 (January 30, 2019): 80. http://dx.doi.org/10.14710/mmh.48.1.2019.80-97.
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A criminal act by corporation is criminal offense that can be asked for criminal liability to the corporation in accordance with the laws and regulations concerning the corporation. Banks as corporate legal entities can be prosecuted before the law and tried if in carrying out their business activities the bank is suspected of committing a crime that is threatened with criminal sanction, including committing a crime of money laundering or corruption. Corporation can be punished to pay fine penalties and other additional penalties such as dissolution or revocation of business licenses. As a trust-based financial institution, if a bank commits a crime, the impact caused by the crime is not only detrimental to the bank itself, damages the reputation of the bank but also harms the community of depositors and other parties responsible for handling bank resolutions. Looking at the impact, the application of corporate criminal responsibility to banks must be carried out carefully and selectively. If these sanctions happen to a large-scale bank (systemic bank), it can be multiple effects cause.
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Lee, Min-Dong Paul, and Michael Lounsbury. "Domesticating Radical Rant and Rage: An Exploration of the Consequences of Environmental Shareholder Resolutions on Corporate Environmental Performance." Business & Society 50, no. 1 (February 24, 2011): 155–88. http://dx.doi.org/10.1177/0007650310394640.
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Handley, Karen, and Courtney Molloy. "SME corporate governance: a literature review of informal mechanisms for governance." Meditari Accountancy Research 30, no. 7 (December 5, 2022): 310–33. http://dx.doi.org/10.1108/medar-06-2021-1321.
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Purpose This paper takes a structured literature review (SLR) approach to identify gaps in the literature and suggest future research opportunities. It focuses on corporate governance (CG) performed outside the formal board of directors’ structure and examines research of alternative CG of small and medium-sized entities (SMEs). Design/methodology/approach The authors use the SLR method to search the Scopus database, extracting and synthesising findings relating specifically to SMEs’ CG. These are tabulated and described using bibliometric software. Findings The authors highlight an absence of tailored theoretical approaches to understanding CG in SMEs, which differs from the governance of larger entities. They also find evidence of alternative governance structures in SME CG. Research limitations/implications Further research should embrace management and other theoretical perspectives and expanded methodologies, nuances in understanding offered in contextualised settings and awareness of practical implications to better understand the specific setting of CG in SMEs. Practical implications SMEs seek to access the scarce resources and skills external to their formal CG structures. Regulators and resource providers should mobilise facilitation and training for this expansion. Originality/value The authors synthesise a large body of literature to extract findings specific to SMEs. A unique contribution is our focus on alternative forms of CG in SMEs. Evidence of alternative boards points to resolutions for human capital shortages in SMEs.
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MCGINTY, Sean, and David GREEN. "What Shareholders in Japan Say about Director Pay: Does Article 361 of Japan’s Companies Act Matter?" Asian Journal of Comparative Law 13, no. 1 (February 26, 2018): 87–117. http://dx.doi.org/10.1017/asjcl.2017.26.
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AbstractThe modest level and differing structure of compensation Japanese corporate executives receive has sparked recent interest in the determinants of executive pay in Japan. One factor that remains unexamined is the role played by Article 361 of the Companies Act which requires that director pay be set by the general shareholders’ meeting. To explore the question of whether this rule, by giving shareholders a veto over changes to compensation they disagree with, matters to pay in Japan, this article examines the results of the shareholders’ meetings of companies listed on the First Section of the Tokyo Stock Exchange that voted on compensation resolutions in 2014. We find that, while all resolutions were approved, there was significant variation in both what pay directors asked for and how shareholders responded that was correlated with differences in each. The results are consistent with the view that the relevance of the rule varies depending on the context of the company. While at most companies, shareholder voting on pay is relatively uncontroversial, the changing structure of ownership and governance at some provides an avenue through which the rule may now matter to pay.
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WHITE, NIGEL D. "The Will and Authority of the Security Council after Iraq." Leiden Journal of International Law 17, no. 4 (December 2004): 645–72. http://dx.doi.org/10.1017/s0922156504002171.
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One year after the invasion of Iraq, what lessons are to be drawn about the role of the Security Council in peace and security? This article looks at the issue by considering the nature of the Security Council in its dual functions as a forum for diplomacy and a corporate body for executive action. The idea of the Security Council's possessing a separate will in its executive function is developed. The article stresses the importance for the authority of the Council of that organ expressing its will within the legal parameters of the Charter and international law. It is argued that similar legal parameters are also applicable to the permanent members in exercising their power of veto and in interpreting resolutions. Further, when interpreting resolutions member states should not misconstrue the will of the Council. The Iraq crisis of 2003 raised all these issues and, further, necessitated a reappraisal of the rules of international law governing the use of force. This article considers the relationship between diminution in Council authority and erosion of the rules of the UN Charter governing the threat or use of force in international relations.
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Subramanian, S. "Proxy advisory voting recommendations in India – an exploratory study." Journal of Indian Business Research 9, no. 4 (November 20, 2017): 283–303. http://dx.doi.org/10.1108/jibr-10-2016-0111.
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Purpose This paper aims to explore the voting recommendations made by proxy advisory firms in India by descriptively analyzing the “Vote Against” recommendations made by two proxy advisory firms for shareholder resolutions for the listed Indian firms. It also empirically tests the relationship between proportion of “Vote Against” recommendations and the parameters which are proved to be influencing corporate governance practices of a firm. Design/methodology/approach Empirical analysis of proxy voting recommendations for a sample of 77 listed non-financial Indian firms across four financial years. Findings The paper finds that two categories of shareholders proposals, “reappointment of non-executive directors” and “remuneration of statutory auditors”, account for 83.5 per cent of “Vote Against” recommendations. Further, there are significant differences in the proportion of “Vote Against” recommendations based on the type of “controlling ownership” of the firms. The regression analysis indicates that the relationships between proportion of “Vote Against” recommendations and determinants of corporate governance practices are mostly in line with the a priori expectations, as far as ownership is concerned but requires further analysis for other parameters. Research limitations/implications Exploratory nature of this paper opens up new research issues in the upcoming Indian Proxy advisory industry. It suggests that the future research should consider the controlling ownership as an important parameter while analyzing the proxy firm recommendations. Practical implications Indian proxy advisory industry requires lots of nurturing from the regulators, and this exploratory study provides the basic insights in this regard. It also highlights potential corporate governance issues where the regulators need to tighten the corporate governance norms, like reappointment of independent directors and appointment of statutory auditors. Originality/value Pioneering Study in understanding the proxy advisory voting recommendations in an emerging market.
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Singh, Ram, and Hiteshkumar Thakkar. "Settlements and Resolutions Under the Insolvency and Bankruptcy Code: Assessing the Impact of Covid-19." Indian Economic Journal 69, no. 3 (May 13, 2021): 568–83. http://dx.doi.org/10.1177/00194662211013218.
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In this study, we develop a model to examine the dynamics of the insolvency and bankruptcy code (IBC) processes in the aftermath of Covid-19. We use the model to study the impact of the pandemic on the following aspects of the financial disputes and their implications: number of disputes between debtors and their creditors in the aftermath of Covid-19; frequency of these disputes coming to the National Company Law Tribunal (NCLT); impact of the pandemic on the frequency of ‘out of court’ settlements; the nature of disputes settled amicably and those adjudicated under the corporate insolvency resolution process of the NCLT; and the recovery rates in the settled versus litigated disputes. We show that while the number of disputes will go up, the frequency of settlements will come down in the post-Covid world. Moreover, the post-pandemic legal changes made to the IBC are detrimental to the interest of the micro, small and medium enterprises and also for the formal and informal sector employees. We offer suggestions for promoting out-of-court settlements to save time and costs of the parties involved. Our suggestions related to public policy can help mitigate the macroeconomic costs of the pandemic. JEL Classification Codes: K00, K22, K41, G21
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Patil, Bharat Chavan, and Dr Safia Farooqui. "Corporate Social Responsibility: A Review of Literature and an Empirical Study." Revista Gestão Inovação e Tecnologias 11, no. 4 (July 29, 2021): 3876–91. http://dx.doi.org/10.47059/revistageintec.v11i4.2413.
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Corporate social responsibility (CSR) is a buzzword worldwide. Today many organizations are facing challenge of integration of CSR in business. Stakeholders expect some more from businesses organization than merely pursuing growth and profitability. In the year 1946, the Fortune released a story that said the owners of businesses were answerable to the outcomes of their deeds beyond a much wider scope than their bottom-line figures. This is the time when the term CSR was given so much focus. More than Ninety percent of the owners who read this, agreed to it. Bowen (1953) and Carroll (1999) have also highlighted in their research that the question is, as owners of businesses what kind of rational accountability do they have to presuppose towards the society at large? It was also defined by Bowen that, owners are expected to practice those strategies, resolutions and deeds that put them in an advantageous position and align their goals to all those important purposes which society holds. Social Responsibility has also gained popularity in academics as well as practical propositions since it has been found that more than ninety percent of the top 500 fortune companies portrayed CSR as a very important goal and vigorously endorse their socially responsible programmes in their annual reports. As per the Legislative bill passed by the Indian Government, all topnotch organizations are obliged to contribute at least 2 percent of their proceeds to Social responsible activities. The concept of Corporate Social Responsibility (CSR) is old in India since many years. It arose from the 'Vedic period' when history was not recorded in India. In those days Kings had a limitation towards society and merchants displayed their own small business responsibility by building places of worship, education, inns and wells.
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Johnson, Stephen. "Neorealism and the Organization of American States (OAS): An Examination of CARICOM Rationality Toward Venezuela and the United States." SAGE Open 9, no. 4 (July 2019): 215824401988795. http://dx.doi.org/10.1177/2158244019887950.
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Since 2017, CARICOM member states have been divided in the positions they take on Organization of American States (OAS) resolutions addressing political instability in Venezuela. This article uses a neorealism framework to determine whether or not the provision of energy investments by Venezuela and the United States to CARICOM member countries is an attempt on their part to skew the OAS voting mechanism in their national interests. The article also examines the extent to which CARICOM member states’ response to Venezuela’s and United States’ interest in the OAS demonstrates a pattern of rationality. The findings suggest that though the OAS provides a medium for states to negotiate mutually beneficial solutions, states are rational actors and even where they do corporate, dominant states may try to manifest their self-interest.
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Templing, Vladimir Ia. "The First Convention of Tobolsk Governorate’s Country Doctors (1911)." Herald of Omsk University. Series: Historical Studies 7, no. 2 (26) (October 8, 2020): 39–49. http://dx.doi.org/10.24147/2312-1300.2020.7(2).39-49.
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The events and activities of the convention of Tobolsk Governorate’s country doctors are reconstructed for the first time in historiography. The convention took place in January-February 1911 and was the first professional medical forum in Siberia. The convention is considered to be an important indicator for the development of non-governmental initiative. Taking into account archival records and published documents that are being introduced into the academic context for the first time, we reveal the background of the convention, describe the materials, the agenda, basic resolutions and results of the sessions. The doctors’ convention highlights the development of corporate self-management of the regional medical community. In the early 20th century the latter grew mature enough to formulate collective interests, to adjust governmental activities in the health care to the local specifics.
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Vysochanska, M., and K. Dorozhkina. "Institutional environment for organic production." Balanced nature using, no. 1 (July 30, 2021): 52–58. http://dx.doi.org/10.33730/2310-4678.1.2021.231868.
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The article considers the definition of an institution proposed by various scientists as a basic concept in institutionalism, offers its own definition of this category, explains the content of the term institutional environment, builds a scheme of the institutional environment of organic production, which is divided into formal and informal frameworks. Formal ones include the Constitution, laws, procedures, orders and resolutions; the Labor Code; The Land Code; administrative responsibility; state support; tax obligations; requirements for the production of organic products; state control (supervision); certification; labeling of organic products. Informal ones include customs, traditions, culture; education and science; public opinion; moral values and ethical principles; Corporate Social Responsibility; Environmental Responsibility. Attention is focused on the interpretation of each element, as well as the influence of the institutional environment on the development of each economic entity is proved.
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Catchick, Paul. "The policing of financial misconduct in intergovernmental organisations." Journal of Financial Crime 23, no. 1 (December 31, 2015): 159–72. http://dx.doi.org/10.1108/jfc-11-2014-0057.
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Purpose – This paper aims to analyse the extent to which the financial investigation function of an intergovernmental organisation (IGO) may be considered in policing terms, with a view to categorising it in relation to existing paradigms, while acknowledging the IGO’s unique context, in which it enjoys autonomy through various privileges and immunities. Design/methodology/approach – This paper describes and analyses the internal investigation function of IGOs, drawing on practitioner experience as well as mandates, resolutions and reviews from the intergovernmental sector, before making comparisons with policing typologies. Findings – Notwithstanding their expansion into inquiries of non-financial misconduct, IGO investigation offices are the primary means of addressing financial wrongdoing affecting their organisations. Comparisons are drawn with both the corporate policing role inherent in other employment-based organisations and with public policing as a function of the state. It is found that these two paradigms are insufficient to categorise policing within the unique context of the IGO, which has hybrid features of both. Research limitations/implications – In comparing IGO investigation alongside existing policing paradigms, this paper lays a foundation for further research into the accountability models applicable to this policing function. Originality/value – This paper discusses the emergence of a form of policing with hybrid features of both internal corporate policing and state law enforcement and contributes to a field that is largely unaddressed in existing research.
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Dobson, John, Denise Hensley, and Mahdi Rastad. "Toward Gender Diversity on Corporate Boards: Evaluating Government Quotas (Eu) Versus Shareholder Resolutions (Us) from the Perspective of Third Wave Feminism." Philosophy of Management 17, no. 3 (October 2, 2017): 333–51. http://dx.doi.org/10.1007/s40926-017-0077-7.
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Shirur, Srinivas. "Tunneling vs Agency Effect: A Case Study of Enron and Satyam." Vikalpa: The Journal for Decision Makers 36, no. 3 (July 2011): 9–20. http://dx.doi.org/10.1177/0256090920110302.
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This is a comparative study of Enron and Satyam corporate frauds. An attempt has been made to arrive at some generalizations about the key reasons for the differences between agency and tunneling problems. Agency effect and tunneling phenomena focus on the divergence in the interests of managers, promoters, and minority shareholders, which are the key reasons for corporate fraud. There is a clear difference between the fraud committed due to tunneling and agency effect. The article highlights this feature through the case study of Enron and Satyam. The difference between tunneling and agency effect has important implications for corporate finance. Corporate finance is based on the assumptions of separation of ownership and management and also perpectual continuity of corporation. If these two assumptions are dropped, then many of the widely accepted theories may not hold. The article concludes that the legal framework, nature of financial system, and level of economic development are the key factors which determine the level of agency effect and tunneling problem. Solutions to corporate governance problems are quite different in India as compared to the US or Europe. Hence, it would be inappropriate to copy American legislations like Sarbanes Oxley Act in India. Effective prevention of destructive self-dealing activities is necessary for development of vibrant capital market, whereby small investors will be confident to invest in the Indian market, since they will perceive risk premium to be low. The key policy prescriptions are as follows: Effective delivery of justice is as important as enacting investor-friendly laws. Creation of subsidiary companies by the parent company and large financial transactions with banks should be viewed with suspicion. On the part of the shareholders, they should be suspicious of any self-dealing transactions. Since the time of Harshad Mehta, when stock brokers, promoters of the company, and bankers connived to cheat small investors, enforcement agencies view even large banking transactions with suspicion. Small investors and institutional investors should play a proactive role to seek information and reject any decisions which reduce their value of shares. Proactive participation of outside shareholders in the corporate affairs of the company, especially in the selection of board of directors and approval of resolutions, are the key remedies to prevent such cases. There should be an effective control of black money. Certain clues like promoters setting up too many subsidiaries, frequent changes and resignations in board of directors, consistent decrease in promoter stake or increasing liquidation of equity options, are clear signs of fraud taking place. Regulatory authorities should work on such clues and operate in such a way that there is least chance of regulatory arbitrage.
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Nwafor, Anthony O. "The current trend in judicial and parliamentary responses to shareholders unanimous assent: A comparative perspective." Corporate Ownership and Control 11, no. 2 (2014): 602–15. http://dx.doi.org/10.22495/cocv11i2c6p7.
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The doctrine of shareholders unanimous assent principally recognises the powers of the shareholders to override the procedural requirements for passing resolutions in matters of company business. This principle, which has withstood the test of time, is presently generally referred to as the Duomatic principle. Although generally accepted as a useful tool in expediting corporate decisions and enjoys statutory recognition in some jurisdictions, its scope has been subjected to varying judicial definitions to the extent that unless assent is positively expressed by the relevant organs of the company, the reliance by the courts on the equitable principles to impute assent has been unsettling in some cases. The paper compares the judicial and parliamentary responses to the Duomatic principle in three jurisdictions and argues that the principle should apply to every decision that is within the competence of the relevant organs of the company irrespective of where the procedural rules are prescribed
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Dolgopolov, Daniil V. "USE OF EARTH REMOTE SENSING DATA FOR FORMATION OF GEODATA SPACE OF PIPELINE TRANSPORT." Vestnik SSUGT (Siberian State University of Geosystems and Technologies) 25, no. 3 (2020): 151–59. http://dx.doi.org/10.33764/2411-1759-2020-25-3-151-159.
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The article considers the main approaches to the use of aerospace survey materials in the formation of geoinformation space of territories of construction and operation of pipeline transport. An important problem when filling corporate geoinformation systems for pipeline transport is the task of determining the composition of remote sensing Data, as well as the requirements for the frequency of their updating. The purpose of this work is to identify the basic needs for using remote sensing data in the formation of the geo- information space of pipeline transport and to determine the requirements for remote sensing materials to meet them. The article also considers the possibility of using remote sensing materials as a source of information when updating vector spatial data, and provides the results of analyzing the possibilities of decrypting pipeline transport and infrastructure objects based on aerospace survey materials of different spatial resolutions.
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Batista, Agleilson Souto, José de Lima Albuquerque, Rodolfo Araújo de Moraes Filho, Ana Dulce da Silveira Gaspar, Jorge da Silva Correia-Neto, Juliana Regueira Basto Diniz, Antônio Aritan de Oliveira Ventura, and Romilson Marques Cabral. "Ecos committee from Pernambuco – Brazil: a study on the sustainability actions of participating institutions." Revista de Gestão e Secretariado 14, no. 1 (January 12, 2023): 367–84. http://dx.doi.org/10.7769/gesec.v14i1.1518.
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This article seeks to analyze the importance of socio-environmental actions as tools for structuring sustainability management in the public sphere, with a view to fulfilling corporate responsibility, based on the Ecos Committee from Pernambuco-Brazil. To carry out this study, a bibliographical and documental research was carried out, where scientific articles, resolutions and other bases of formal documents were raised for a wider understanding of the theme in focus. Then,we conducted a survey of the actions put into practice by the Ecos Committee between 2015 and 2017. Confronting their planning with this survey, it was possible to analyze its strategic alignment, confronting theory and practice. The main results point to the existence of feasible public initiatives that endorse sustainability ramifications denoting potential for replication in other organizations, since the Ecos Committee from Pernambuco appears to fulfill its role.Further research initiatives are also presented.
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Şan, Turan. "Non-Performing Loans Increase in the Albanian Banking Sector during the Last Global Economic Crisis - An Analysis Based on the Client Groups." European Journal of Marketing and Economics 1, no. 3 (November 29, 2018): 123. http://dx.doi.org/10.26417/ejme.v1i3.p123-130.
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Non - performing loans (NPLs) in the Albanian banking sector has become a crucial problem during the last global crisis. In this study, it was aimed to understand the specific reasons of and resolutions for this issue by analyzing the bank loans based on the borrower groups. Since the general increase of the business loans’ portion in the total loans has been mostly due to the loans to large enterprises, the focus of the study is on this group. The main factors of NPLs rise by the bankers answered the questionnaire are : financing unrealistic projects, lack of corporate structure in borrowers, wrong lending decisions due to external influences/corruption, negative effects of some government applications, unfair competition in some sectors from time to time, decrease in primary commodities’ prices and false external audit. According to 86 percent of them; deeper analysis of potential clients, elimination of external factors’ effects and corruption in lending decisions, government measures to prevent unfair competition, establishment of corporate structure in borrowers and more reliable external audit are the most effective remedies while 71 percent of them consider this situation as normal for Albania under its existing conditions. It is suggested that more comprehensive and objective client analysis by the banks, institutionalization in and more reliable external audit of business entities, precise and timely government decisions to prevent unfair competition and launching of new financing methods will cause considerable improvement in NPLs issue.
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Kemp, Eric. "Legal Implications of Lambeth." Ecclesiastical Law Journal 1, no. 5 (July 1989): 15–23. http://dx.doi.org/10.1017/s0956618x00000284.
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I hope that I shall have the sympathy of the Society in attempting to respond to a request to speak about the legal implications of a body which had no standing in canon, ecclesiastical, civil or common law. The Lambeth Conference was a gathering of persons individually invited by the Archbishop of Canterbury to meet him for three weeks in the University of Kent at Canterbury. Finance for the meeting came from a number of corporate bodies but none of them had any control over what happened. The Archbishop had asked a number of persons to assist him in the organisation of the meeting but the ultimate control of it was in his hands, subject to the willingness of those who were there to fall in with what was proposed. During the last week of the meeting some seventy resolutions were passed, but none of them, with one possible exception, has any legal effect of any kind.
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ABRAHAMS, Charles. "The South African Experience: Litigating Remedies." Business and Human Rights Journal 6, no. 2 (June 2021): 270–78. http://dx.doi.org/10.1017/bhj.2021.25.
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AbstractMany transnational corporations (TNCs) that conducted business in South Africa during apartheid had deemed it profitable and desirable, despite the country’s systemic human rights violations against its majority black population. In the aftermath of the 1960 Sharpeville Massacre and 1976 student uprising, various United Nations and other international resolutions condemned TNCs for their incestuous relationship with apartheid South Africa and called for international sanctions against the regime. The demise of apartheid in 1994 brought about a new democratic, constitutional dispensation based on respect for human rights. However, attempts at holding TNCs liable for aiding and abetting the apartheid regime were fraught with obstacles and proved unsuccessful. Yet, the pursuit of strategic, class action litigation in areas as diverse as collusive conduct in bread manufacturing to occupational lung disease in South Africa’s goldmining industry have proven to be more successful in developing legal remedies against corporate harm. Areas impacted are extended legal standing under the common law, development of new causes of action and generous application of contingence fees arrangement.
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Laldin, Mohammad Akram. "Understanding the Concept of Maslahah and Its Parameters When Used in Financial Transactions." ISRA International Journal of Islamic Finance 2, no. 1 (June 15, 2010): 61–84. http://dx.doi.org/10.55188/ijif.v2i1.91.
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The consideration of public interest represents one of the promising bases of the Shari’ah for addressing the needs of Muslim society at large. The Shari’ah has given consideration to maslahah as a source of law in order to accommodate natural development and social changes and needs. However, maslahah should be addressed in ijtihad within particular Shari’ah standards and parameters to ensure that the exercise of ijtihad is conducted in a sound manner without contradicting the norms and principles of the Shari’ah. As is known, maslahah is one of the secondary sources of the Shari’ah that is widely recognised by scholars in issuing fatwa and resolutions. It represents one of the essential sources for dealing with issues and matters for which there is no explicit indication in the Qur’an or Sunnah. The ultimate objective in issuing fatwas and resolutions based on maslahah is preserving the interests of the public. The objective of enacting Shari’ah rules based on maslahah is to achieve fairness and justice by achieving benefits and removing hardships. In the context of Islamic finance, ijtihad based on maslahah is very essential, especially for regulators and corporate governance organs, which refer to them to provide standards, parameters, regulations and policy for the benefit of the Ummah. This study is an attempt to examine the parameters within which maslahah should be used, for utilising it without proper guidelines may lead to its abuse. The study begins by defining maslahah and examining the relationship between maslahah and maqasid. It then looks at the basis for consideration of maslahah in the Qur’an and Sunnah and examines jurists’ views on it. This is followed by a discussion of the parameters of maslahah and contemporary applications of maslahah in financial transactions, and, finally, the conclusion.
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Makarchuk, S. V. "Social-Democratic Underground of the Far East in the early XX Century: Public Records of the Center for Social and Political History." Bulletin of Kemerovo State University, no. 3 (October 27, 2018): 36–42. http://dx.doi.org/10.21603/2078-8975-2018-3-36-42.
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The research features public records concerning the Social-Democratic organizations of the Far East (Russia), stored in the collection of illegal publications at the Center for Social and Political History, the rare book section. The collection contains archival documents originating from the two largest Social-Democratic groups of the Far East located in Blagoveshchensk and Vladivostok. The records include: various reports, corporate charters, resolutions of party meetings, mandates to elected officials, and small newspapers. Publications issued by the Far Eastern social democratic organizations were mostly leaflets printed on a typewriter or published on a hectograph or mimeograph. Some leaflets were printed in actual print shops of private publishing houses or in handicraft illegal print shops. Most of the documents were previously unstudied. However, they belong to the category of particularly valuable and unique historical documents of cultural, historical and scientific value for the study of the Socio-Political movement of the Russian East. The author believes that the public records stored at the Center for Social and Political History, in combination with other archival data, may cast light on the state of the history of Social-Democratic underground in the Far East, its formation and development.
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Kilian, Cornelius G., and Elizabeth Snyman-Van Deventer. "Claiming Damages where Dividends remain Unpaid: A Contribution towards a More Balanced Approach in South Africa." Potchefstroom Electronic Law Journal 20 (November 2, 2017): 1–26. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1322.
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In the matter between Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd 2013 NSWSC 235 (25 Mar 2013) the Supreme Court of New South Wales had to decide on the legal difficulty arising from unpaid dividends. The Court was required to decide whether a shareholder has a right to a predetermined annual dividend. The principles applied by the Supreme Court entailed estoppel (common law), minority oppression (company law) and contractual law principles. Although the principles of estoppel were relevant, these fall outside the ambit of this article concerning unpaid dividends. The Supreme Court cited approximately 40 cases and considered 5000 pages of documentary evidence pertaining to the contractual right to a predetermined dividend. Although the latter seems applicable and relevant to the South African corporate law environment, South African case law does not support it. Besides a contractual right, this article also investigates the Oxford Legal Group case in establishing at least an implied right (based on the doctrine of proper purpose) to claim an undeclared dividend or unauthorised dividend that is contrary to the board of directors discretion not to authorise any dividends. Both these cases argue when and why a court should interfere in company resolutions in striking a better balance between a right to a dividend and a company's discretionary power not to recommend or declare a dividend.
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Kilian, Cornelius G., and Elizabeth Snyman-Van Deventer. "Claiming Damages where Dividends remain Unpaid: A Contribution towards a More Balanced Approach in South Africa." Potchefstroom Electronic Law Journal / Potchefstroomse Elektroniese Regsblad 20 (November 2, 2017): 1–26. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a4175.
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In the matter between Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd 2013 NSWSC 235 (25 Mar 2013) the Supreme Court of New South Wales had to decide on the legal difficulty arising from unpaid dividends. The Court was required to decide whether a shareholder has a right to a predetermined annual dividend. The principles applied by the Supreme Court entailed estoppel (common law), minority oppression (company law) and contractual law principles. Although the principles of estoppel were relevant, these fall outside the ambit of this article concerning unpaid dividends. The Supreme Court cited approximately 40 cases and considered 5000 pages of documentary evidence pertaining to the contractual right to a predetermined dividend. Although the latter seems applicable and relevant to the South African corporate law environment, South African case law does not support it. Besides a contractual right, this article also investigates the Oxford Legal Group case in establishing at least an implied right (based on the doctrine of proper purpose) to claim an undeclared dividend or unauthorised dividend that is contrary to the board of directors discretion not to authorise any dividends. Both these cases argue when and why a court should interfere in company resolutions in striking a better balance between a right to a dividend and a company's discretionary power not to recommend or declare a dividend.
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Kozieł, Grzegorz. "New Possibilities of Operation for Commercial Partnerships and Companies in Internal Relations, Provided for as Part of Regulation of the So-called Anti-crisis Shield." Teka Komisji Prawniczej PAN Oddział w Lublinie 15, no. 2 (December 31, 2022): 197–215. http://dx.doi.org/10.32084/tkp.4615.
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The article synthetically summarizes in a comparative form the new main possibilities for the operation of commercial partnerships and companies in their internal corporate relations (in the area of internal decision-making, including in particular the adoption of resolutions), mainly in the area of introducing or extending the possibilities for using means of distance communication, including electronic means of communication, which were provided for by the legislature directly in the regulations consisting of the so-called anti-crisis shield setting out specific support instruments due to the spread of the SARS-CoV-2 virus causing the COVID-19 pandemic, i.e. in the Act of 31 March 2020 (Journal of Laws item 568), as well as in the Act of 16 April 2020 (Journal of Laws item 695) as well as those resulting from references (to the solutions introduced) set out in applicable legal provisions. Subsequently, certain selected, general and specific doubts as to the manner and scope of regulation of these legal solutions have been pointed out, as well as proposals to modify them, presented in the form of specific proposals de lege ferenda (for the law as it should stand), consisting of a general proposal for a broader, comprehensive and more symmetrical regulation of this matter, primarily in relation to commercial partnerships and companies) according to the comprehensive, optimal theoretical model of its regulation.
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Hall, Matthew. "Criminal redress in cases of environmental victimization: a defence1." International Review of Victimology 23, no. 2 (November 15, 2016): 203–23. http://dx.doi.org/10.1177/0269758016672027.
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In recent years, growing concern has been voiced in the environmental justice literature regarding the ability of criminal justice mechanisms to adequately address environmental harms, especially when such harms are perpetrated by large corporations. Commentators argue that criminal justice processes are often ill-suited to the particular features of environmental cases, where the chain of causation between wrongful actions/omissions and environmentally harmful consequence can be very complex and extend over the course of many years. As an alternative, many such commentators now favour the adoption of more administrative resolutions when corporate bodies breach their environmental obligations (which may or may not amount to ‘crimes’). Others favour the use of civil sanction regimes, which is now the preferred approach of the UK Environment Agency. In this paper I will argue that the debate on how best to respond to environmental harm has so far neglected to factor in the perspective of the victims of those harms and, in particular, their need for redress. I will argue that by incorporating such a perspective, as opposed to focusing largely on questions of efficiency and cost-effectiveness, the criminal justice route still has much to recommend it, especially in relation to the provision of meaningful redress and/or compensation to the victims of environmental harm. Consequently, this paper will provide a victimological defence of the criminal justice process, and of criminal penalties, in their application to cases of environmental harms.
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Castrillo, Pablo. "The post-9/11 American political thriller film: Hollywood’s dissident screenplays." Journal of Screenwriting 11, no. 2 (June 1, 2020): 191–206. http://dx.doi.org/10.1386/josc_00025_1.
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The American political thriller, from its cinematic beginnings in the 1960s until its most recent period of popularity in the late 2000s and the early 2010s, has consistently displayed two salient characteristics: on an extra-textual level, it tends to keep a close relationship with the (geo)political environment at the time of production, with themes that resonate with the cultural moment, sometimes even referencing current events, and frequently challenging traditionally upheld American values with mistrustful attitudes towards the State, its institutions, the military and a suspect corporate establishment. On the other hand, the textual configuration of these films reveals a certain nonconformity with the traditionally dominant narrative-aesthetic norms of Hollywood cinema, featuring reactive agency in its protagonists, an unusual degree of subjectivity in its narration and a remarkable degree of ambiguity in the dramatic resolutions of some storylines. These formal features enhance the thematic concerns and cinematic worldview of the political thriller genre, both creating and exploiting perplexity and paranoia in the audience, through highly demanding narratives that remove the feeling of control from the viewer, and with a specific political intent that becomes exceptionally effective thanks to its entertainment value. The works analysed to illustrate this trend covers theatrically released Hollywood films of the genre from 2001 until the present day, with special attention on the impact of 9/11 and the War on Terror in their narrative premises and themes.
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Garaventa, Eugene. "Drama: A Tool for Teaching Business Ethics." Business Ethics Quarterly 8, no. 3 (July 1998): 535–45. http://dx.doi.org/10.2307/3857436.
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Abstract:The concept of business ethics has continued to remain a major item on the agenda of corporate America for the last twenty years. Regrettably, this longevity of interest has not been matched by equal attention to the pedagogical methods and techniques used to address these issues. The current mode of teaching business ethics generally involves reliance on “war stories,” case studies, and seminars. Today’s dynamic environment creates pressures for higher levels of ethical behavior by business. Many ethical challenges faced by contemporary managers are not easily resolved by existing guidelines, and require managers to expand their scope of analysis in attempting to arrive at satisfactory resolutions. Literature can be an especially alternative source of insights, as authors are able to highlight behaviors that may not be available from traditional sources. Historically, the use of literature in examining business ethics has been focused primarily on novels such as The Jungle, Babbit, and The Great Gatsby. Plays are more useful than novels in attempting to inculcate moral and ethical values since they more sharply address the interactions of characters, and the reader becomes more involved in their situations. The plays selected for analysis, Henrik Ibsen’s An Enemy of the People, Arthur Miller’s Death of a Salesman, and David Mamet’s Glengarry Glen Ross, have intense plots and characters and allow the reader to observe a wide range motives, emotions, and traits. This untraditional approach to teaching business ethics enhances the ability to relate to the increasingly complex ethical issues facing the individual and the organization.
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Nobanee, Haitham, Fayrouz Aksam Elsaied, Maryam Alhajjar, Ghada Abushairah, and Safaa Al Harbi. "Reputational Risk: A Bibliometric Review of Relevant Literature." Emerging Science Journal 7, no. 2 (February 25, 2023): 654–75. http://dx.doi.org/10.28991/esj-2023-07-02-025.
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This paper focuses on analyzing the level of research development regarding reputational risk on a general basis to identify what topics remain to be investigated. As a result, it offers a broader scope of research, including research debates, resolutions, and gaps that are relevant to the topic. A bibliometric analysis has been employed in this study to identify the topic’s trends and pinpoint potential gaps in the literature. The data were collected from the Scopus database for the period of 1994–2022, where the search resulted in a total of 659 documents relating in any way to reputational risk that fit the selection criteria. Research shows that conducted investigations are in favor of reputation risk and e-commerce, reputation insurance, corporate social responsibility, operational risk, risk management, and sustainability reporting. However, some of the articles' results on related topics were contradictory, and others found no evidence relating to reputation risk; some other topics were not fully examined or presented in the literature. Therefore, the current topic-related literature does not suffice, and further research is required to cover more topics on reputation risk and further highlight alignment between similar studies. This study has brought to light the relevant papers related to reputational risk and demonstrated potential gaps in the literature by investigating articles’ contradictory results on the researched topics, in turn conveying which topics need further examination. Thus, the literature will continue to evolve as members of the global academic community strive to fill the gaps and identify potential rescue strategies for jeopardized business entities. Doi: 10.28991/ESJ-2023-07-02-025 Full Text: PDF
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Hunt, Robert C., and Henry T. Lewis. "Ilocano Irrigation: The Corporate Resolution." Pacific Affairs 66, no. 3 (1993): 458. http://dx.doi.org/10.2307/2759657.
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Kolb, Deborah M. "Corporate Ombudsman and Organization Conflict Resolution." Journal of Conflict Resolution 31, no. 4 (December 1987): 673–91. http://dx.doi.org/10.1177/0022002787031004007.
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Boscariol, John. "At the Cross-Roads of US and Canadian Trade Controls: The Cuba Conflict." Global Trade and Customs Journal 5, Issue 6 (June 1, 2010): 237–49. http://dx.doi.org/10.54648/gtcj2010029.
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Canada and the United States are each other’s best trading partners. Our supply chains are deeply integrated. Corporate ownership criss-crosses the border many times over. In the context of foreign policy, although we have differed from time to time in the past, we generally target the same list of ‘bad actors’ – Iran, North Korea, Myanmar among them. Indeed, many of our sanctions programmes have been adopted pursuant to the same United Nations Security Council resolutions that are applied in similar fashion by UN member countries. Our controls on the export of goods and transfer of technology arise from our common commitments under the 1996 Wassenaar Arrangement on Export Controls for Conventional Arms, Dual-use Goods, Technology and other international agreements. It should come as no surprise therefore that in this environment many companies impose a single set of rules or principles regarding export controls and doing business with sanctioned countries. Under the assumption that Canadian and US laws are similar and, that any differences arise from more restrictive elements of US policy, a common default approach is for US companies to graft their US-based export control, economic sanctions policies, and procedures on to their Canadian operations; even some Canadian-based companies doing business in the United States will follow this approach. This is problematic for a number of reasons. Contrary to popular belief, Canadian export controls and economic sanctions can be more restrictive than those of the United States – aspects of the control regime for cryptographic goods and technology and the rules governing trade with and investment in Myanmar are two such examples. More importantly, there are instances in which there is direct conflict between Canadian and US law – that is, compliance with the requirements of one nation’s laws results in contravention of the laws of the other. Two examples of such conflict arise with US military controls under the International Traffic in Arms Regulations and Canadian human rights legislation and with Cuban trade and investment. The latter conflict is the focus of this article.