Relevant bibliographies by topics / Contractual theories of governance

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Academic literature on the topic 'Contractual theories of governance'

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Published: 25 May 2024

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Journal articles on the topic "Contractual theories of governance"

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Mustakallio, Mikko, Erkko Autio, and Shaker A. Zahra. "Relational and Contractual Governance in Family Firms: Effects on Strategic Decision Making." Family Business Review 15, no. 3 (September 2002): 205–22. http://dx.doi.org/10.1111/j.1741-6248.2002.00205.x.

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Governance of family firms differs from mainstream corporate governance in an important respect: Important owners, i.e., family members, may have multiple roles in the business. In this paper, we develop and test a model of family firm governance that incorporates both formal control and social control aspects of governance. Governance based on the formal control draws on agency theory, whereas the social control aspects draw on social theories of governance, addressing social capital embedded in relationships. Drawing on these theories, we examine the influence of different governance mechanisms on the quality of strategic decision making. The Family Business Governance Model is tested using survey data from 192 family firms in Finland. We use structural equation modeling in testing the empirical validity of the model. The empirical analysis largely supports our hypotheses on formal control and social control as well as their influences on the decision-making quality.
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NAJEH, WASSIM ABDESSALAM, and HOUDA BENARBI. "Towards new perspectives in corporate governance : A literature review." International Journal of Performance and Organizations 2, no. 2 (December 31, 2023): 146–61. http://dx.doi.org/10.55897/ijpo.2023.02.17.

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Corporate governance is a multidisciplinary concept that concerns the first place the relationship between the shareholders and the manager (separation of ownership and control) in a contractual approach of the agency theory concerns the second place other stakeholders known by the Stakeholders model. In the recent past, this concept has evolved to include other dimensions (cognitive and behavioral) to remedy the inefficiencies of the shareholder approach. This article is a documentary research that explores a range of theories related to a new non-contractual approach to the firm: the behavioral approach to corporate governance. The results show that, like agency costs, there are behavioral costs (internal and external) that are costs associated with behavioral errors due to cognitive or emotional imperfections.
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Mansouri, Ali, Mouaad Chafai, and Nada Moufdi. "Family business governance: An integrated approach using agency, stewardship, and social capital theories." Corporate and Business Strategy Review 5, no. 1 (2024): 108–16. http://dx.doi.org/10.22495/cbsrv5i1art11.

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The governance of family businesses has been a subject of great interest and research in recent years. As these enterprises contribute significantly to global economies, understanding their governance becomes crucial. Indeed, managing the governance of these organizations presents a unique challenge due to a variety of factors. One prominent aspect is their intricate and enduring stakeholder framework, which encompasses family members, senior executives, and controlling boards (Moufdi & Manosuri, 2021). This contribution, which is theoretical in scope, aims to open a debate on the theoretical approaches of corporate governance that researchers must mobilize while highlighting their main strengths and limitations when it comes to understanding the “family business” phenomenon. The results obtained show that the analysis of their governance requires a combination of the contractual view (agency theory being the dominant theory of this current) and the relational view (encompassing stewardship theory and social capital theory) of corporate governance. We believe that the theoretical framework thus adopted provides a multidimensional understanding of family business governance and provides comprehensive insight and significant relevance in understanding the intricacies of this organization’s governance, offering valuable perspectives for researchers interested in this field of investigation.
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Czyżewski, Bazyli, Agnieszka Sapa, and Piotr Kułyk. "Human Capital and Eco-Contractual Governance in Small Farms in Poland: Simultaneous Confirmatory Factor Analysis with Ordinal Variables." Agriculture 11, no. 1 (January 9, 2021): 46. http://dx.doi.org/10.3390/agriculture11010046.

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Human capital (HC) plays an important role in modern agriculture. The difference in efficiency of assets explains only about a half of the economic performance of agricultural farms, while the other half relies on HC. Although education and training are the main components of HC, it may also be viewed from the perspective of behavioral theories that were taken under consideration in this study. The role of HC in sustainable farming has not been sufficiently explained when it comes to contractual governance (CG). In this study, the meaning of contractual governance was extended and the eco-contractual governance (ECG) concept was proposed, which stands for CG induced by agri-environmental contracts. The main objective of the article is to confirm the latent concepts of HC and ECG and to verify their correlation in view of the standards imposed by the agricultural policy. To achieve this goal, a structural equation model was developed and simultaneous confirmatory factor analysis with ordinal variables was carried out based on the sample of 674 small farms in Poland. The analysis has confirmed a relatively strong correlation between HC and ECG. It was revealed that training plays a crucial role in this relationship, while economic dependence on agricultural policy weakens the effectiveness of both HC and ECG.
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Czyżewski, Bazyli, Agnieszka Sapa, and Piotr Kułyk. "Human Capital and Eco-Contractual Governance in Small Farms in Poland: Simultaneous Confirmatory Factor Analysis with Ordinal Variables." Agriculture 11, no. 1 (January 9, 2021): 46. http://dx.doi.org/10.3390/agriculture11010046.

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Human capital (HC) plays an important role in modern agriculture. The difference in efficiency of assets explains only about a half of the economic performance of agricultural farms, while the other half relies on HC. Although education and training are the main components of HC, it may also be viewed from the perspective of behavioral theories that were taken under consideration in this study. The role of HC in sustainable farming has not been sufficiently explained when it comes to contractual governance (CG). In this study, the meaning of contractual governance was extended and the eco-contractual governance (ECG) concept was proposed, which stands for CG induced by agri-environmental contracts. The main objective of the article is to confirm the latent concepts of HC and ECG and to verify their correlation in view of the standards imposed by the agricultural policy. To achieve this goal, a structural equation model was developed and simultaneous confirmatory factor analysis with ordinal variables was carried out based on the sample of 674 small farms in Poland. The analysis has confirmed a relatively strong correlation between HC and ECG. It was revealed that training plays a crucial role in this relationship, while economic dependence on agricultural policy weakens the effectiveness of both HC and ECG.
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Estevan de Quesada, Carmen, and Moritz Renner. "Contractual Business Networks: The Case of Syndicated Loans." European Review of Contract Law 13, no. 2 (July 11, 2017): 164–94. http://dx.doi.org/10.1515/ercl-2017-0007.

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AbstractThere is a growing debate in law, economics and sociology about contractual business networks as a hybrid form of cooperation that combines governance elements from market and firm. Most treatments of the subject focus on the structures of supply and distribution networks and their consequences on liability and contractual interpretation. This article confronts network theory with the case of cross-border syndicated loans. Syndicated loans are a highly important instrument of corporate finance, and they merge contractual and corporate cooperation in a particularly sophisticated manner. Theories of network contracts can thus be helpful to address the legal issues of syndicated loans in different fields of law, ranging from conflict of laws to antitrust law. In turn, the analysis of syndicated loans as an example of horizontal business networks can help generate insights for the general discussion of networks in private law.
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Dhaouadi, Karima. "Corporate Board and Upper Echelons: The Case of the American Most Admired Firms." International Journal of Business and Management 13, no. 4 (March 19, 2018): 245. http://dx.doi.org/10.5539/ijbm.v13n4p245.

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The purpose of the paper is to study the effect of board effectiveness on the Top Management Team demographic characteristics of 274 American firms. The research mobilizes theoretically the upper echelons, the agency and the cognitive theories and empirically the clustering and the discriminating analysis. The results indicate that the TMT demographic attributes are not tied systematically to the board efficiency according to contractual approach of corporate governance. The relationship between the board characteristics and the TMT traits is not linear. The study contributes to corporate governance knowledge by highlighting the strategic role of the boards dealing with the TMT choice.
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Prakash, Chandra, Vivek Roy, and Parikshit Charan. "Mitigating interorganizational conflicts in humanitarian logistics collaboration: the roles of contractual agreements, trust and post-disaster environmental uncertainty phases." International Journal of Logistics Management 33, no. 1 (December 10, 2021): 28–52. http://dx.doi.org/10.1108/ijlm-06-2021-0318.

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PurposeGovernance is the key to establishing effective collaboration among humanitarian logistics partners addressing an ongoing relief work. With a focus on humanitarian interorganizational collaboration, this research draws on governance theories to investigate how conflicts can be mitigated in this challenging setting.Design/methodology/approachThe focus on governance extends attention to the frontiers of contractual agreement, trust and environmental uncertainty to be applied in the humanitarian setting. To develop perspectives, an online survey of 289 field executives working in humanitarian organizations across the globe is conducted. The findings are based on hierarchical regressions.FindingsEnvironmental uncertainty, in humanitarian logistics, is not straightforward, but wields distinctive challenges in the response phase (immediate to the disaster) as well as the recovery phase (beginning of build back) – to loom prospects of conflict between partners. Findings outline that contractual agreement can increase conflict during the response phase (high environmental uncertainty), but mitigate it during the recovery phase (low environmental uncertainty). Furthermore, contractual agreement interactively strengthens the ability of trust to reduce conflict. Yet, trust acting alone shows best outcome to mitigate conflict.Research limitations/implicationsContrary to the established understanding in traditional logistics suggesting the vitality of contracts to easily mitigate challenges posed by environmental uncertainty, the humanitarian setting extends a unique outset for interorganizational governance based on the temporality of response and recovery phases.Originality/valueThis research pioneers to quantitatively examine the setting of humanitarian logistics based on survey. Given the difficulty of data acquisition, the extant research has largely relied on qualitative investigations when considering the agenda of governance.
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Commine, Quentin. "Understanding Theoretical Aspects of Outsourcing: Common Features and Discrepancies Between Transaction Costs Economics and Contractual Incompleteness." Contemporary Applied Business Research in Light of Standard Academic Literature 3, no. 1 (February 1, 2022): 2–7. http://dx.doi.org/10.51137/ijarbm.2022.3.1.1.

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Outsourcing is a phenomenon regularly explored through two theories: transaction cost economics and incomplete contract theory. The second approach is frequently seen as an extension of the first but is it right to do so? Could the theory of incomplete contracts be regarded as a "2.0" transaction cost economics? This article addresses this question through the main theoretical axes of renowned researchers, notably by being awarded a Nobel Prize. While transaction costs, particularly theorized by Coase and Williamson, focus on an organizational perspective centered on governance, contractual incompleteness focuses on non-human assets and the mechanical aspects of contracts. We confront these two theories to show the points and counterpoints that can be overlapping but also deeply diverging. This article therefore provides a succinct point of view that allows the reader to quickly gain a perspective on the study of two theories at the foundation of the study of an ancient and pervasive phenomenon.
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Sarhan, Saad, Christine Pasquire, Emmanuel Manu, and Andrew King. "Contractual governance as a source of institutionalised waste in construction." International Journal of Managing Projects in Business 10, no. 3 (June 6, 2017): 550–77. http://dx.doi.org/10.1108/ijmpb-07-2016-0058.

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Purpose The construction industry has been subject to substantial criticism for its short-term “hit-and-run” relationships which are focussed on win-lose situations. Despite the wide recognition of these problems the industry persistently resists the radical demanded of it. Therefore, the purpose of this paper is twofold. First, to investigate why this might be the case by reviewing the governance problem confronting clients and decision makers in construction procurement, as conceptualised in transaction cost economics (TCE). Second, to critically analyse and question the efficiency and effectiveness of various safeguarding approaches, which are taken for granted and commonly practiced in construction, from a lean perspective. Design/methodology/approach The analysis of this paper is based on an in-depth critical review of 76 construction procurement and contractual-related articles, ranging from 1994 to 2016, using theories of Lean construction and TCE as an analytical lens. Findings Findings reveal that clients and decision makers often tend to safeguard their project-specific assets, against opportunism and exploitation, through the deployment of formal contractual arrangements and governance structures. These arrangements and structures typically dominate the management of the project delivery often to the detriment of the project itself; but because there is a belief that interests are safeguarded, clients and decision makers feel they have taken the best course of action. This goes a long way to explaining the coherence of the current construction model. Research limitations/implications To the best of the authors’ knowledge, this paper is the first to demonstrate the usefulness of using principles of Lean construction in association with TCE when analysing construction-procurement-related issues. In particular, the use of a “lean” lens helps to expose the impact of procurement governance arrangements on process flow. The study also provides a potential research agenda that can lead to the development of prescriptive conceptual frameworks for causal analysis of institutionalised waste in construction. Practical implications The paper attempts to expose to clients and decision makers the amount of waste (and unnecessary cost) they embed by adhering to prevailing unfit-for-purpose contractual governance approaches. It also helps decision makers to consider alternative procurement arrangements and organisational techniques that could be of value and support collaborative ways of working. Originality/value The study contributes to the overall understanding of waste in construction by providing insight into various imperfect procurement and contractual arrangements, which are taken for granted and impede efficiency and improvement efforts in construction. The findings presented provide a theoretical anchor and rationale for developing alternative approaches to the design and delivery of capital projects.
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Dissertations / Theses on the topic "Contractual theories of governance"

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Dudley, Larkin S. "Contractual governance: theory and practice in Circular A-76." Diss., Virginia Tech, 1990. http://hdl.handle.net/10919/37863.

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This study builds a conceptual framework of contractual governance through an examination of the policy environment and contracting process under one federal program, circular A-76. To comply with the government's general policy of relying on commercial sources to supply products and services, Circular A-76 requires agencies to study selected activities and put them up for bid between in0-house government departments and private companies.
Ph. D.
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Chi, Jianxin. "Conditional tests of corporate governance theories." Diss., Texas A&M University, 2005. http://hdl.handle.net/1969.1/2339.

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Agency theories suggest that governance matters more when agency conflicts are potentially more severe. However, empirical studies often do not control for the potential severity of agency conflicts. I show that the marginal benefit of governance varies with the free cash flow level, a proxy for the potential severity of agency conflicts. As the free cash flow level increases, higher governance quality becomes incrementally more value-enhancing, and lower governance quality becomes incrementally more value-destroying. This is consistent with the hypothesis that better governance helps resolve the agency conflicts in investment decisions when a firm has more free cash flows (Jensen, 1986). This study highlights the importance of controlling for the potential severity of agency conflicts in governance studies and provides an improved method to estimate the marginal benefit of a governance mechanism.
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Kendall, Tessa Clare. "The symbolist theatre on Maurice Maeterlinck : an interpretation structured by contractual theories." Thesis, University College London (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.338911.

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Du, Toit Gerhard. "The significance of postmodern theories of interpretation for contractual interpretation : a critical analysis." Thesis, Stellenbosch : University of Stellenbosch, 2006. http://hdl.handle.net/10019.1/1245.

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Thesis (LLD (Mercantile Law))--University of Stellenbosch, 2006.
The objective of this study is to examine the significance of postmodern insights regarding interpretation (especially the rejection of intentionalism) and subjectivity for contractual interpretation theory. In Part One (consisting of chapters 2-5), the leading postmodern insights on interpretation, individual autonomy, texts and intentionalism are discussed. This is done by analysing the present interpretive practice in four chapters: 1) Different theories of interpretation ranging from objectivism and natural law theories to post-structuralism are discussed in chapter 2. 2) In chapter 3 individual autonomy (as advocated by liberal theorists) is contrasted with communitarianism in order to problematize the notion of contracting parties as autonomous, self-regulating beings. By highlighting criticism against liberalism and communitarianism, and also by suggesting critical self-rule as an alternative, the assertion that contracting parties are autonomous and self-regulating is contested. 3) The process of textual definition is critically analysed with emphasis on the position reflected by the application of the parol-evidence rule and also post-structuralist ideas on the definition of texts in chapter 4. It is shown that textual definition consists of interpretation rather than identification. 4) The nature of intention and the process of intention “discovery” are analysed in chapter 5. Because of the centrality of intention in contractual practice, alternative theories on intention (and its role during interpretation) are postulated and it is suggested that post-structuralism can provide a critically reflective theory of intention. It is clear (from the critical analysis of intentionalism) that the way intention is presently approached is theoretically flawed. It is also apparent from the critique of liberal beliefs held regarding the nature of interpretation, subjectivity and the definition of texts that the theoretical foundations of these beliefs are fundamentally flawed. A critical re-imagination of contractual interpretation is necessary. In Part Two, questions about the justifiability of the present interpretive theories are posed. In chapter 6 the practical implications of a new theoretical basis for contractual interpretation are considered by examining the way various rules of interpretation are influenced by the new theoretical basis of interpretation. Three “rules” are examined: 1) The golden rule of interpretation is examined because of its reliance on intentionalist assumptions; 2) the parol-evidence rule is examined because of its relation to positivist assumptions about the definition of texts; 3) the relevance of bona fides as a substantial remedy during the interpretation of the contract is analysed to reveal assumptions about the nature of legal subjectivity in which the present consideration of the bona fides is grounded. It is shown that rules depend not on their content for operation, but rather on the assumptions upon which they are grounded. In short, we do not have to do away with our rules of contractual interpretation, but we have to re-evaluate how we apply those rules. The final part of this dissertation consists of a summary of the conclusions drawn during the course of this study.
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Chen, Tsu-Chun. "Theories for Session-based Governance for Large-scale Distributed Systems." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8778.

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Large-scale distributed systems and distributed computing are the pillars of IT infrastructure and society nowadays. Robust theoretical principles for designing, building, managing and understanding the interactive behaviours of such systems need to be explored. A promising approach for establishing such principles is to view the session as the key unit for design, execution and verification. Governance is a general term for verifying whether activities meet the specified requirements and for enforcing safe behaviours among processes. This thesis, based on the asynchronous -calculus and the theory of session types, provides a monitoring framework and a theory for validating specifications, verifying mutual behaviours during runtime, and taking actions when noncompliant behaviours are detected. We explore properties and principles for governing large-scale distributed systems, in which autonomous and heterogeneous system components interact with each other in the network to accomplish application goals. This thesis, incorporating lessons from my participation in a substantial practical project, the Ocean Observatories Initiative (OOI), proposes an asynchronous monitoring framework and the process calculus for dynamically governing the asynchronous interactions among distributed multiple applications. We prove that this monitoring model guarantees the satisfaction of global assertions, and state and prove theorems of local and global safety, transparency, and session fidelity. We also study and introduce the semantic mechanisms for runtime session-based governance and the principles of validation of stateful specifications through capturing the runtime asynchronous interactions.
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Sunarto, Retno Sari. "Contractual Governance of Indonesia Railway System - Case Study:Customer Satisfaction in Jabodetabek Area Vs Värmlandstrafik AB." Thesis, Karlstad University, Karlstad University, Karlstad University, Karlstad University, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-4668.

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The growth of private motor vehicle grows rapidly each year have negative impact not only forthe extra contribution of air pollution but also to time wasting. That impact can lead todecreasing of people quality life. Public transportation is one of the solutions for the problem.Therefore, the shift from private motor vehicle user to public transportation, in other wordincreasing market share of public transportation, is necessary. One of the public transportationthat can attract more market share is railways. It has large capacity, high safety level, and freefrom traffic jam. Those characteristic makes railway as primary public transportation.Indonesian railways nowadays have lot of problems and receive many complaints from thepassenger. Train travel is still colored with the delay, limited well-condition vehicle, and uncleartrain travel information that often disadvantage passengers, and many of services offered werefailed to attract passengers. These conditions result in decreasing quality of services andinsufficient railways operation. This will be a barrier to Indonesian railways accomplishment inmaking it to be a reliable and sustainable transport mode. Therefore, to improve market shareand to improve the railway condition, it necessary to have contractual governance withstandard that can lead to costumer satisfaction and making the process improve therelationship between the stakeholders. This lead to the problem of what is the customersatisfaction factors in using railway as their transport, what service quality item that satisfiedthe passenger, and how contract can maintain the relationship between the stakeholders.Finding in this thesis consist of several point. First, from the customer satisfaction index, thecustomers of Jabodetabek commuter train are not satisfied with the service. Second, theanalysis discovered that there are four factors that have high correlation with overallsatisfaction. The four factors are equipment and facility, assurance, competency, and traveltime and appearance. The attributes is grouping into five SERVQUAL dimension. Fromregression analysis of SERVQUAL dimensions there are two service items that influence thecustomer satisfaction; assurances and tangibles. Third, from gap analysis there are gaps inservice process that need to be closed in order to deliver service quality which lead tocustomer satisfaction in railway operational. Fourth, from contract analysis can be concludedthat present condition PT.KAI as the operator cannot perform as it is stated in contract. Thiscan be influenced by many factors such as; the lack of infrastructure, the lack of vehicle,customer misbehavior, staff misbehavior and external factors. In delivering service qualitywhich can lead to customer satisfaction, it is recommended to improve the service that relatedto assurances and tangible items and to involves passengers in controlling and improvingrailway operational. The result expected from the improvement is the increase of overallperformance of railway operation which can lead to the increase customer satisfaction andmarket share. From side of contractual governance, the research discovered that there areproblem in contract clausal and relationship between DGR, PT. KAI and people as customer ofrailway service. The recommendation is to include customer complains in setting contractclausal that can make DGR, PT. KAI and people as customer in mutualism developingrelationship.

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Roehrich, Jens Kurt. "The dynamics of inter-organisational governance : contractual and relational mechanisms in public-private supply arrangements." Thesis, University of Bath, 2009. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.520327.

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This research investigates the dynamic interplay of contractual and relational governance mechanisms in long-term supply arrangements. The thesis contributes to an emerging debate that examines the combination of contractual and relational governance in inter-organisational exchanges. Contractual and relational governance mechanisms have been positioned as precluding mechanisms, which may result in destructive effects if combined for governing inter-organisational relationships. Previous research studies have increasingly acknowledged that the use of contractual mechanisms does not exclude the use of relational mechanisms and vice-versa. However, the recent literature offers limited insights into the dynamic interaction of both inter-organisational governance mechanisms and their impact on overall performance. The analysis in this research utilises a conceptual framework and a number of theoretical lenses through which the dynamic interplay of contractual and relational governance mechanisms is explained. Based on empirical case analysis of six public-private supply arrangements across three sectors: healthcare, waste management and emergency services, the research explores the dynamic interplay of both governance mechanisms and their impact on overall performance. Retrospective case study data was collected deploying semi-structured interviews and the critical incident technique was used to investigate the governance interplay over time. The contribution to knowledge is a conceptual framework that refines contractual and relational governance components in supply relationships over time. The findings indicate the importance of the interplay between inter-personal and inter-organisational trust in combination with complex contracts and intermediate contractual agreements. From this the conclusion is drawn that organisations entering into long-term supply relationships need to deploy both contractual and relational governance mechanisms in combination in order to achieve better overall performance.
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Rogers, Meredith Australian Graduate School of Management Australian School of Business UNSW. "Contingent corporate governance: a challenge to universal theories of board structure." Awarded by:University of New South Wales. Australian Graduate School of Management, 2006. http://handle.unsw.edu.au/1959.4/23024.

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Agency theory proposes that the role of the board of directors is to control management (Fama & Jensen 1983). A structurally independent board, one with a high percentage of non-executive directors and a chairperson who is not the CEO, has been used as a proxy for the control role. Therefore, agency theory predicts a positive relationship between independent board structure and firm performance. These predictions have not been confirmed by meta-analytic reviews (Dalton, Daily, Ellstrand, & Johnson 1998; Rhoades, Rechner, & Sundaramurthy 2000). This thesis applies structural contingency theory to provide an alternative explanation for the relationship between board structure and firm performance. Structural contingency theory (Donaldson 2001) proposes that the relationship between an organization???s structure and its performance is moderated by contingencies. In this study the contingency is the salience of the board???s control role. I argue that structural independence of the board has a beneficial effect on performance only if it is in fit with control salience. For example, a firm with an independently structured board that gives high prominence to the control role will perform well. On the other hand, another firm with a less independently structured board that does not see its main role as controlling management will also prosper. Survey data were analyzed to measure the control salience for 98 Australian listed companies. Archival data provided measures of board structure and firm performance. Consistent with the meta-analytic reviews, there was no association between independent board structure and firm performance. There was some evidence that high control salience resulted in high performance, but this effect was evident chiefly when performance was measured by total shareholder returns. This may indicate that the share market was responding to the symbolism of high control salience. In contrast to the symbolic main effect of control salience, the fit between the control salience and the independent structure of the board caused increased return on equity. This reflects the board???s objective effect on profit when its structure is in fit with control salience.
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Ziolkowski, Richard, and n/a. "A re-examination of corporate governance: concepts, models, theories and future directions." University of Canberra. Law, 2005. http://erl.canberra.edu.au./public/adt-AUC20060411.150123.

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This thesis represents a scholarly journey towards an understanding of corporate governance. Unlike the vast majority of writings on governance, this work attempts to take a step back, and to consider why and how we should study corporate governance. These critical questions have been largely ignored during the frenzy of governance research in the past few decades. The thesis argues that corporate governance theory and practice reflects a Tower of Academic Babel¹ reality as writers from diverse backgrounds use different approaches, invent terminology and proclaim a new 'theory'. The thesis analyses the extent of this conceptual confusion about corporate governance and why this arises. It also considers some possible reasons for the increasing disillusionment with the legal, ethical, cultural, institutional, regulatory and other contexts of corporate governance. The corporate governance literature indicates that much uncertainty has arisen over the nature of corporate governance. Both, denotative and connotative meanings of corporate governance have been ambiguous, often because of poorly defined concepts. This ambiguity is compounded by confusion over methodological concepts such as "paradigm", "system", "model" and "theory", the key constructs employed by many legal, and other, writers. Moreover, much of the literature on corporate governance is founded on ethnocentric concepts that are often "chauvinistic in the extreme".² This confusion has been intensified by the added complexity of unique phenomenology, demonstrated by numerous writers with "scholarship and advocacy that is culturally and economically insensitive"³ This thesis argues that the search for corporate efficiency and effectiveness is often misguided, both because of biased performance criteria and a lack of a clear conceptual domain. Consequently, the corporate governance discourse fails meaningfully to address the enigma of what is the range of corporate governance influence on corporate activities? The overarching argument made in this thesis is that our understanding of corporate governance requires a clarification of methodological approach and a comparative perspective. By recasting corporate governance research within consistent models, theories and applications this thesis lays the foundation for future research by which we may investigate the causal relationships that determine corporate efficiency, effectiveness and the optimum structures for good corporate governance. practitioners from most cultures.
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Zhang, Zhong. "Derivative action and good governance in China : : economic theories and legal rules." Thesis, University of Manchester, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488053.

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Books on the topic "Contractual theories of governance"

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Sørensen, Eva, and Jacob Torfing, eds. Theories of Democratic Network Governance. London: Palgrave Macmillan UK, 2007. http://dx.doi.org/10.1057/9780230625006.

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1957-, Sørensen Eva, and Torfing Jacob, eds. Theories of democratic network governance. Basingstoke [England]: Palgrave Macmillian, 2007.

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H, Farrar John, ed. Corporate governance: Theories, principles, and practice. 2nd ed. South Melbourne, Vic: Oxford University Press, 2005.

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1950-, Clarke Thomas, ed. Theories of corporate governance: The philosophical foundations of corporate governance. London: Routledge, 2004.

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Kamuzora, Aurelia N. Contractual governance in agro-industry institutions in Tanzania: A case study analysis. Groningen, Netherlands: University of Groningen, Globalisation Studies Groningen, 2011.

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Khalil, Abdel-Fattah Ahmed Ali. The Contractual governance function of accounting information in profit-sharing (mudarabah) financing. Birmingham: University of Birmingham, 1996.

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Monika, Steffen, ed. Health governance in Europe: Issues, challenges, and theories. New York, NY: Routledge, 2005.

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Williamson, Oliver E. The transaction cost economics project: The theory and practice of the governance of contractual relations. Cheltenham, UK: Edward Elgar, 2013.

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Mullin, Joseph C. United States Steel's acquisition of the Great Northern Ore properties: Vertical foreclosure or efficient contractual governance? Cambridge, MA: National Bureau of Economic Research, 1996.

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Hubbard, Thomas N. How wide is the scope of hold-up-based theories?: Contractual form and market thickness in trucking. Cambridge, MA: National Bureau of Economic Research, 1999.

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Book chapters on the topic "Contractual theories of governance"

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Kansiime, Desire, Joseph M. Ntayi, and Arthur Ahimbisibwe. "Contractual Governance Mechanisms, Dynamic Capabilities, Transactional Specific Relationships and Supplier Performance in Uganda." In Global Public Procurement Theories and Practices, 139–55. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-49280-3_8.

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Stevens, Frank. "Contractual theories." In The Bill of Lading, 30–150. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Based on author’s thesis (doctoral – Universiteit Gent, 2017).: Routledge, 2017. http://dx.doi.org/10.4324/9781351214223-3.

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Stevens, Frank. "Non-contractual theories." In The Bill of Lading, 151–207. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Based on author’s thesis (doctoral – Universiteit Gent, 2017).: Routledge, 2017. http://dx.doi.org/10.4324/9781351214223-4.

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Stout, Margaret, and Jeannine M. Love. "Governance network theories." In Integrative Governance, 16–32. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Global law and sustainable development: Routledge, 2018. http://dx.doi.org/10.4324/9781315526294-3.

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Oshri, Ilan, Julia Kotlarsky, and Alexandra Gerbasi. "Relational and Contractual Governance for Innovation." In Dynamic Innovation in Outsourcing, 131–66. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-75352-2_5.

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Vincent-Jones, Peter. "Contractual Governance: A Social Learning Perspective." In Organizational Innovation in Public Services, 238–55. London: Palgrave Macmillan UK, 2013. http://dx.doi.org/10.1057/9781137011848_14.

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Asaduzzaman, Mohammed, and Petri Virtanen. "Governance Theories and Models." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 2907–19. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-20928-9_2612.

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Asaduzzaman, Mohammed, and Petri Virtanen. "Governance Theories and Models." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 1–13. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31816-5_2612-1.

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Quang Trinh, Vu. "Theories in Corporate Governance." In Fundamentals of Board Busyness and Corporate Governance, 1–17. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-89228-9_1.

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Asaduzzaman, Mohammed, and Petri Virtanen. "Governance Theories and Models." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 5947–58. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-66252-3_2612.

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Conference papers on the topic "Contractual theories of governance"

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Arsecularatne, B. P. "The Use of project governance modes to minimise contractors’ opportunistic behaviour." In World Construction Symposium - 2023. Ceylon Institute of Builders - Sri Lanka, 2023. http://dx.doi.org/10.31705/wcs.2023.86.

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The nature of the contractual relationship between the contractor and the client creates opportunities for opportunistic behaviour (OB) on the part of the contractor, which can result in project delays, cost overruns, and quality issues. Project governance (PG) is a set of processes, policies, and procedures that aim to ensure the effective management and control of projects. It was identified that PG helps to minimise different issues related to construction projects where different stakeholders are involved. The use of trust and formal control as PG modes in the global construction industry is well-established. However, there is a lack of research specifically focusing on the appropriate PG modes to minimise the effects of Contractors’ Opportunistic Behaviour (COB) in the Sri Lankan construction industry. The purpose of this paper is to examine the use of PG modes to minimise COB. To address this research gap, a qualitative research approach was adopted in this study. A comprehensive literature review was conducted to gather knowledge and theories about PG modes and COB. Furthermore, case studies were conducted to investigate the synergy between the identified PG modes and COB management in the Sri Lankan context. These case studies involved real-world construction projects in Sri Lanka, where the researchers’ collected data through interviews. By analysing the findings of the literature review and case studies, this study aims to provide insights into the suitable PG modes that can be used to minimise the effects of COB in the Sri Lankan construction industry. The findings suggest that PG modes can be effective in COB. The use of a hybrid mode, for example, can create a partnership-like relationship between the client and the contractor, which promotes cooperation and trust while having some contractual obligations. Similarly, the use of a formal control mode, which involves the use of detailed contracts, can help to clarify the rights and obligations of the parties involved and reduce the likelihood of OB. Overall, the paper highlights the importance of PG in managing contractual relationships and minimising OB. It provides practical recommendations for clients and other stakeholders on how to select and implement appropriate PG modes to ensure successful project outcomes.
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Faems, Dries. "Contractual Alliance Governance: Impact of Different Contract Functions on Alliance Performance." In 18th Annual High Technology Small Firms Conference, HTSF 2018. University of Twente, 2010. http://dx.doi.org/10.3990/2.268473492.

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Recent research on alliance governance has emphasized that contracts can have both a control and coordination function. In this paper, we test the impact of these different contract functions on alliance performance. Conducting structural equation analyses on a sample of 270 Dutch technology alliances, we disentangle the relationship between different contract functions, partner cooperation and alliance success. Our data show that different contract roles have a different impact on partner cooperation within the alliance. In addition, we find strong indications that the presence/absence of prior trustful collaboration and the number of alliance partners moderate the relationship between contract functions and partner cooperation. Finally, our data provide evidence that contract functions indirectly influence alliance success via partner cooperation.
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Wang, Y. L., and T. H. Sun. "Innovation of urban governance structure: a discussion based on corporate governance theories." In International Conference on Advances in Management Engineering and Information Technology. Southampton, UK: WIT Press, 2015. http://dx.doi.org/10.2495/ameit140211.

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Luo, Yazhuo, and Penghui Peng. "A Review of Contractual Governance Selection and Its Impact on Project Performance." In International Conference on Construction and Real Estate Management 2013. Reston, VA: American Society of Civil Engineers, 2013. http://dx.doi.org/10.1061/9780784413135.039.

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Bouayad, Hakim, Loubna Benabbou, and Abdelaziz Berrado. "An Analytic Hierarchy Process based approach for Information technology governance framework selection." In SITA'18: THEORIES AND APPLICATIONS. New York, NY, USA: ACM, 2018. http://dx.doi.org/10.1145/3289402.3289515.

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CIOLOMIC, Ioana Andreea, Ioana Natalia BELEIU, and Răzvan Liviu NISTOR. "THEORIES OF CORPORATE GOVERNANCE APPLIED TO STATE-OWNED ENTERPRISES." In International Management Conference. Editura ASE, 2023. http://dx.doi.org/10.24818/imc/2022/01.15.

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The theories on corporate governance influence both the private and the public sector but need to be adapted to the context of implementation. The aim of the paper is to identify and present the main theories that influence the governance of state-owned enterprises (SOEs), providing the theoretical framework for future studies that analyze the application of corporate governance theories in the case of the mentioned organizations. The theories discussed in the current paper are the agency theory, the stakeholder theory, the resource dependency theory, and the institutional theory. The article focuses on SOEs since they have an important role in the economy, but the research on this topic is still scarce.
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Liang, Jianying, and Yujie Huang. "Risk Management in Alliance: The Effects of Contractual-Based Versus Relation-Based Governance." In 2010 International Conference on Management and Service Science (MASS 2010). IEEE, 2010. http://dx.doi.org/10.1109/icmss.2010.5576836.

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Loukis, Euripidis, and Niki Kyriakou. "Contractual and Relational Governance, ICT Skills and Organization Adaptations, and Cloud Computing Benefits." In Hawaii International Conference on System Sciences. Hawaii International Conference on System Sciences, 2018. http://dx.doi.org/10.24251/hicss.2018.591.

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Zu, Xiaoqian, Xiaodan Kong, Zixuan Zhao, and Xicheng Li. "Theories and Model Innovation of Urban Community Governance in China." In 2023 International Conference on Innovation, Knowledge, and Management (ICIKM). IEEE, 2023. http://dx.doi.org/10.1109/icikm59709.2023.00010.

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Bounagui, Yassine, Hatim Hafiddi, and Abdellatif Mezrioui. "Challenges for IT based cloud computing governance." In 2014 9th International Conference on Intelligent Systems: Theories and Applications (SITA). IEEE, 2014. http://dx.doi.org/10.1109/sita.2014.6847289.

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Reports on the topic "Contractual theories of governance"

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Mullin, Joseph, and Wallace Mullin. United States Steel's Acquisition of the Great Northern Ore Properties: Vertical Foreclosure or Efficient Contractual Governance? Cambridge, MA: National Bureau of Economic Research, July 1996. http://dx.doi.org/10.3386/w5662.

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Hubbard, Thomas. How Wide is the Scope of Hold-Up-Based Theories? Contractual Form and Market Thickness in Trucking. Cambridge, MA: National Bureau of Economic Research, September 1999. http://dx.doi.org/10.3386/w7347.

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Prats, Joan, Helen Harris, and Juan Andrés Pérez. Political Determinants of Public-Private Partnerships. Inter-American Development Bank, September 2021. http://dx.doi.org/10.18235/0003619.

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During the last three decades, Public Private Partnerships (PPPs) have emerged as a new contractual arrangement to provide infrastructure investment and services. Examining the evolution of PPPs contracts in emerging countries, this paper analyses the role played by political institutions and partisanship showing that: (i) PPPs are more used when governmental and legislative transaction costs increase; and (ii) political partisanship does not explain the use and consolidation of PPPs as a contractual arrangement. The paper also confirms the relevance of macroeconomic and institutional quality variability variables found in previous literature and sheds new light regarding the political economy of PPPs, especially on how political governance structures shape incentives for using PPPs as a contractual mechanism.
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Huang, Aidan, Qianqian Wang, Qing Meng, Qiwei He, Ruhai Bai, Hairong Dai, Xiyu Zhang, Zhenggang Bai, and Kun Tang. Theorizing Global Health Governance: A Scoping Review Protocol. INPLASY - International Platform of Registered Systematic Review and Meta-analysis Protocols, July 2022. http://dx.doi.org/10.37766/inplasy2022.7.0009.

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Review question / Objective: The review question is: what theories or theoretical frameworks were developed for global health governance? This scoping review aims to (1) assess the extent of existing research articles on global health governance with theories or theoretical framework; (2) summarize their differences and commons in theoretical basis, disciplinary perspectives, methods or methodology, mainly focused stakeholders or actors, and research agenda, etc.; (3) mapping a research roadmap for theorizing global health governance. Background: Given the globalised health issues, health governance in each sovereignty has been closely linked. From the pandemic of SARS to COVID-19, repeating global health crises have alerted the need for global health solidarity efforts. However, there is still a lack of a solid global health governance framework under “international anarchy”.
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De Sebastián, Luis. Participación por contrato: La participación como mecanismo contractual en la políticas sociales. Inter-American Development Bank, July 1997. http://dx.doi.org/10.18235/0011815.

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Este trabajo propone un marco para analizar lógica y ordenadamente un sinnúmero de observaciones y experiencias recogidas en la ejecución de los programas y proyectos en que se plasman las políticas sociales. También puede servir para sacar conclusiones prácticas, que serán de utilidad para los diseñadores de políticas y a los gerentes de programas sociales. Este marco se ha tomado de la teoría económica de los contratos, una rama de la economía relativamente reciente, desarrollada en el contexto de la moderna economía industrial, que, junto a la nueva economía institucional, proporciona ideas para el tratamiento económico de las organizaciones en general y las del sector público en particular. Estas teorías están sirviendo para darle un substrato económico a la actual preocupación con la "governance" o gobernabilidad de los países, un tema que convoca a economistas, sociólogos y políticos en una colaboración muy productiva y relevante a los problemas tanto de las democracias maduras como las de reciente data.
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Navajas, Fernando, and Marcelo Catena. Oil & Debt Windfalls and Fiscal Dynamics in Bolivia. Inter-American Development Bank, July 2006. http://dx.doi.org/10.18235/0008742.

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During 2004-06 Bolivia experienced a five-fold increase in oil revenues due to tax/ contractual innovations, higher prices and larger volumes at the same time that a multi-lateral debt reduction initiative trimmed roughly one third of the public external debt. The political economy setting of this environment entails a new hydrocarbons law that automatically decentralize expenditure to local governments and nationalization of the oil industry. This paper presents a model of fiscal dynamics in Bolivia in a stochastic framework and finds that the new status-quo will generate double reversions of primary surplus and a public debt path that may fall short of being pleasant in the presence of unfettered fiscal spending and/or decline in international energy prices and gas demand from its neighbors. The authors conclude that governance of the process of allocations and distribution of the oil rent is essential to the short to medium term sustainability of the new Bolivian model.
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Davis, Steven J., and Pawel M. Krolikowski. Sticky wages on the layoff margin. Federal Reserve Bank of Cleveland, May 2023. http://dx.doi.org/10.26509/frbc-wp-202312.

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We design and field an innovative survey of unemployment insurance (UI) recipients that yields new insights about wage stickiness on the layoff margin. Most UI recipients express a willingness to accept wage cuts of 5-10 percent to save their jobs, and one-third would accept a 25 percent cut. Yet worker-employer discussions about cuts in pay, benefits, or hours in lieu of layoffs are exceedingly rare. When asked why employers don’t raise the possibility of job-preserving pay cuts, four-in-ten UI recipients don’t know. Sixteen percent say cuts would undermine morale or lead the best workers to quit, and 39 percent don’t think wage cuts would save their jobs. For those who lost union jobs, 45 percent say contractual restrictions prevent wage cuts. Among those on permanent layoff who reject our hypothetical pay cuts, half say they have better outside options, and 38 percent regard the proposed pay cut as insulting. Our results suggest that wage cuts acceptable to both worker and employer could potentially prevent a quarter of the layoffs in our sample. We draw on our findings and other evidence to assess theories of wage stickiness and its role in layoffs.
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Valencia, Sandra C. WFP’s Contributions to Improving the Prospects for Peace in the Central American Dry Corridor: Spotlight on Climate Change. Stockholm International Peace Research Institute, November 2022. http://dx.doi.org/10.55163/aefi7913.

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This report explores the linkages between climate change, food security and conflict in the Central American Dry Corridor region. Specifically, the report analyses how climatic shocks and stresses affect food security and the risk of conflict in the Dry Corridor, through case studies of Guatemala and Honduras. In addition, the research analyses if, and how, the World Food Programme’s (WFP) Food for Assets programmes, which seek to increase resilience, are mitigating conflict risk, and WFP’s role in longer-term peacebuilding efforts against the backdrop of negative climate trends. The research was conducted in a selection of WFP’s intended beneficiary communities considered part of the Dry Corridor in the departments of Chiquimula and Zacapa in Guatemala and in the departments of La Paz and Santa Barbara in Honduras. Two theories of change are proposed for how WFP can improve the prospects for peace and reduce conflict sensitivity risks through its Food for Assets Resilience programming in the Dry Corridor: one related to land tenure and a second related to water governance. The research was part of a wider knowledge partnership between SIPRI and WFP. The partnership aimed to inform WFP’s potential contributions to improving the prospects for peace and how to address these through WFP’s programming.
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Barjum, Daniel. PDIA for Systems Change: Tackling the Learning Crisis in Indonesia. Research on Improving Systems of Education (RISE), September 2022. http://dx.doi.org/10.35489/bsg-rise-ri_2022/046.

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Indonesia is facing a learning crisis. While schooling has increased dramatically in the last 30 years, the quality of education has remained mediocre (Rosser et al., 2022). Teacher capability is an often cited weakness of the system, along with policies and system governance. Approaches focused primarily on adding resources to education have not yielded expected outcomes of increased quality. “It is a tragedy that in the second decade of the twenty-first century, some children in Indonesia are not completing primary school and are turned out into the workforce as functional illiterates.” (Suryadarma and Jones, 2013; Nihayah et al., 2020). In the early 2000s, Indonesia began a process of decentralising service delivery, including education, to the district level. Many responsibilities were transferred from the central government to districts, but some key authorities, such as hiring of civil service teachers, remained with the central government. The Indonesian system is complex and challenging to manage, with more than 300 ethnic groups and networks of authority spread over more than 500 administrative districts (Suryadarma and Jones, 2013). Niken Rarasati and Daniel Suryadarma researchers at SMERU, an Indonesian think tank and NGO, understood this context well. Their prior experience working in the education sector had shown them that improving the quality of education within the classroom required addressing issues at the systems level (Kleden, 2020). Rarasati noted the difference in knowledge between in-classroom teaching and the systems of education: “There are known-technologies, pedagogical theories, practices, etc. for teaching in the classroom. The context [for systems of education] is different for teacher development, recruitment, and student enrollment. Here, there is less known in the public and education sector.” Looking for ways to bring changes to policy implementation and develop capabilities at the district level, SMERU researchers began to apply a new approach they had learned in a free online course offered by the Building State Capability programme at the Center for International Development at Harvard University titled, “The Practice of PDIA: Building Capability by Delivering Results”. The course offered insights on how to implement public policy in complex settings, focused on using Problem Driven Iterative Adaptation (PDIA). The researchers were interested in putting PDIA into practice and seeing if it could be an effective approach for their colleagues in government. This case study reviews Rarasati and Suryadarma’s journey and showcases how they used PDIA to foster relationships between local government and stakeholders, and bring positive changes to the education sector.
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COVID-19 and Public–Private Partnerships in Asia and the Pacific: Guidance Note. Asian Development Bank, March 2020. http://dx.doi.org/10.22617/tim210040.

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The coronavirus disease (COVID-19) is significantly impacting the development and life cycle of public–private partnership (PPP) projects in Asia and the Pacific. This has led to disruptions in trade, production, and supply chains as well as sharp declines in consumption and investment. This guidance note examines the impacts of COVID-19 on PPP projects in region including the implications for contractual arrangements. It presents governance practices that will help mitigate the risks and outlines important considerations for governments in regard to managing PPP projects for a post-pandemic recovery.
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