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Dissertations / Theses on the topic 'Corporations law'

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Published: 4 June 2021
Last updated: 30 July 2024

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1

Deng, Lin. "Critical assessment of the reform in respect of the statutory minimum registered capital system of the company law of China (2005) in dealing with undercapitalization with reference to Hong Kong's experience." Click to view the E-thesis via HKUTO, 2008. http://sunzi.lib.hku.hk/hkuto/record/B42664226.

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2

Bigalke, Henning. "Criminal responsibility of corporations in international law." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4680.

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3

Chabert, Valentina <1997&gt. "Environmental accountability of multinational corporations in international law." Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/20333.

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Il presente lavoro si pone un obiettivo specifico: determinare se, alla luce dell’attuale contesto di diritto internazionale, le società multinazionali possano essere ritenute responsabili per gravi danni ambientali generati dallo svolgimento delle loro attività e commessi sia dalle società controllate o dalle affiliate prevalentemente in paesi in via di sviluppo, in cui vengono delocalizzati i processi produttivi, sia dalla società madre stessa, che nella maggior parte dei casi è costituita secondo il diritto interno di un paese nel cosiddetto “Nord del mondo”. Allo stesso modo, questa tesi tenta di analizzare le possibili alternative di natura non vincolante e volontaria sviluppate sia a livello intergovernativo che regionale e aziendale, al fine di supervisionare le attività delle multinazionali e garantirne una condotta ecologicamente rispettosa. Benché la comunità internazionale sia impegnata nella definizione di un quadro vincolante, numerosi impedimenti legati alla struttura delle multinazionali e alla loro controversa natura giuridica nel diritto internazionale hanno precluso lo sviluppo di una regolazione omogenea e direttamente applicabile all’impresa che ha perpetrato la condotta ambientale illecita. A tal proposito, iniziative volontarie e di soft law elaborate a livello inter-governativo, regionale e della comunità degli affari come codici di condotta e la dottrina della responsabilità sociale d’impresa si pongono come la principale alternativa per garantire l’ integrazione delle considerazioni ambientali all’interno dei processi decisionali delle aziende multinazionali a fronte della difficoltà di adottare strumenti di hard law omogeneamente condivisi. Tuttavia, sebbene tali iniziative rappresentino la base fondamentale su cui si fondano possibili successivi sviluppi normativi in materia e un punto di partenza verso una futura cristallizzazione del diritto, il potenziale governativo dei codici di condotta potrebbe risultare fortemente limitato. Parallelamente, il presente lavoro si è posto l’obiettivo di esplorare la crescente tendenza all’interno della comunità degli affari a convertire standard di responsabilità sociale ed ambientale in obbligazioni legali attraverso la loro incorporazione all’interno di clausole contrattuali. Ad ogni modo, nonostante la contrattualizzazione degli standard di protezione ambientale costituisca uno stratagemma rilevante per l’elevazione di tali codici da strumenti di soft law ad obbligazioni legali, tale pratica presenta ancora numerose limitazioni; inoltre, la presenza di obbligazioni contrattuali non è da ritenere efficientemente sostitutiva di un più ampio regolamento proveniente da entità Statali. È finalmente necessario sottolineare che le numerose iniziative volontarie di responsabilità sociale d’impresa sono state soggette ad ampie critiche riguardanti la loro efficacia a seguito della mancanza di sistemi indipendenti di verifica della conformità ai codici di condotta. Nonostante ciò, è possibile rimarcare la presenza di esempi virtuosi di iniziative volontarie che costituiscono una praticabile alternativa ad una costosa e prolungata azione giudiziaria, la cui effettività risulterebbe ulteriormente limitata dalla difficoltà di ricondurre la responsabilità alla società madre.
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4

Jalan, Abhimanyu. "Control of accommodation payments made by transnational corporations." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6729.

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This dissertation attempts to shed light on illegal and questionable payments made by the transnational corporations. It commences with a definition of the kinds of payments to be considered, discusses the various elements involved in the making of such payments, and identifies the various parties involved in such transactions. It then goes on to analyze the effects of such payments in detail, highlighting their economic and socio-political impact, in an effort to provide a justification for controlling such payments. Thereafter, the dissertation discusses the benefits of an international code as a means to control such payments and provides a detailed discussion of the international efforts made to date by various international organisations like the United Nations and the Organisation for Economic Cooperation and Development (OECD). The dissertation then outlines the problems which hamper the successful implementation of these international efforts. This section contains a discussion as to the impediment created by the conflicting stance taken by the developed and the developing countries on the matter. After taking all this into consideration, the dissertation focuses on the problems encountered by nations which unilaterally attempt to curb the practice of making illegal and questionable payments, and the experience of the United States of America is discussed in detail. Finally, the dissertation suggests means which might help in controlling and more effectively restraining the transnational corporations and all the parties involved from resorting to illegal or questionable payments in international commercial transactions in the near future.
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Haddadin, Fadi. "Critique of shareholder status in Jordanian corporate law : a comparative approach." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64279.pdf.

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6

Schlag, Jenny Melanie. "Tort law liability of directors and officers towards third party creditors : a comparative study of common and civil law with special focus on Canada and Germany." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81234.

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Where individuals standing outside of the corporation have been harmed by the acts of one of its directors or officers, the question becomes whether they have only a claim against the corporation or whether they may have also a personal claim against the executive inflicting the harm on them.
The issue of how far it should be possible to hold directors and officers personally liable for tort has been a contested one and even courts within one and the same jurisdiction provide different solutions. On the one hand, there is the general basic principle that individuals causing harm to others should be held responsible. On the other hand, the fact that directors and officers act as agents on behalf of the corporation might call for an exception to this basic tort law principle.
This thesis will compare the solutions proposed by Common law (with focus on the law of Ontario) and German law as an example of a Civil law jurisdiction. An attempt will be made to see in how far the proposed solutions are consistent with legal principles like the separate legal entity of the corporation and the concept of limited liability as well as with arguments related to economic efficiency.
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7

Rubner, Daniel. ""Solvat socius" statt "caveat creditor"? : Zur Haftung des GmbH-Gesellschafters wegen sog. existenzvernichtenden Eingriffs /." Baden-Baden : Nomos-Verl.-Ges, 2005. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=013319637&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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8

Shane, Daniel. "The Modern Day Corporation: A Philosophical Analysis of How Corporations Behave and How They Should Behave." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/582.

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We seem to hold corporations to an impossible standard. We call for profit maximization, but at the same time want to place strict limits on the methods corporations may use to obtain them. In this thesis, I explore two popular theories of the corporation: stakeholder theory and shareholder theory. I examine the degree to which each theory explains the corporation as it exists today, as defined in the law and through its behavior, but also the theories‘ normative appeal. I conclude by positing what I find to be the best normative account of the corporation: a theory of how we should structure the corporation in the United States so it is the most morally-defensible.
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9

Neuschl, Jens, and Yang Yingfei. "Key Success Factors of Knowledge Management in Multinational Corporations." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3795.

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Knowledge is increasingly substituting old (tangible) factors of production and becomes the most important (intangible) productive means and competitive weapon for the companies. Knowledge Management (KM) provides a particular opportunity to help the employees work more effectively and intelligently under these circumstances.

Since knowledge becomes more and more important within all kinds of industries the research is aimed to analyse, identify and clarify the parameters from a multinational corporation’s point of view which are influencing and facilitating the development of a company’s Human Capital (HC) most and therefore can be regarded as essential for long-term corporate success

Two parts – a theoretical and an empirical one – are the main components of this dissertation. The theoretical part covers important aspects related to knowledge and KM as well as globalisation. The empirical study was based on several hypotheses developed as a result of the theoretical discussion, identifying four key success factors of KM. In order to conduct a statistical analysis the necessary data has been obtained by using a questionnaire which was sent to companies in Sweden, Germany, China, Hong Kong, Singapore and the UK.

As a result, three factors could be confirmed as being paramount whereas only one has been recognised as not being as important as expected.

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10

Cooper, Alan Jeffrey. "Governance of Hong Kong companies." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31264621.

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11

Paschalidis, Paschalis. "The impact of freedom of establishment on private international law for corporations." Thesis, University of Oxford, 2009. http://ora.ox.ac.uk/objects/uuid:a2a154a6-22de-42b8-a745-5ddf3a8bf5a5.

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The present thesis is concerned with private international law for corporate and insolvency disputes in the context of freedom of establishment. First, it presents the traditional rules of conflict applicable to corporate disputes that have been implemented in some major jurisdictions. Second, it analyses the relevant leading judgments of the European Court of Justice and it demonstrates the way in which, contrary to popular belief, the real seat theory has not been held contrary to freedom of establishment. The thesis then deals with the concept of letter-box companies and examines the limitations that are being placed to the use of freedom of establishment. This is followed by a juxtaposition of the factors that have lead and could lead to regulatory competition for corporate law in the USA and the EU respectively. A modest approach is taken towards the possibility of the latter occurring in the EU. Third, the thesis examines the treatment of insolency disputes in this context. A substantial part of it is dedicated to the definition of the basis for international jurisdiction for the opening of insolvency proceedings, namely the centre of main interests. It argues in favour of an objective test for the identification of the centre of main interests (COMI) and the allocations of certain burdens on both the debtor and the creditors. It then focuses on the treatment of forum shopping in the context on international insolvencies. Based on considerations of consent and economic efficiency, it suggests a definition, according to which certain transfers of the COMI should not amount to forum shopping. Finally, the thesis examines the possibility of a regulatory competition for insolvencies in the EU and seeks to demonstrate that the conditions for such a competition are more analogous between US corporate law and EU insolvency, rather than company, law.
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12

Miller, D. Bruce. "The concept of juridic personality antecedent to the 1917 Code of canon law." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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13

Rich, Sylvia. "The moral agency of corporations and its implications for criminal law theory." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:7f7531a2-7631-40ad-bbf8-9db688becb70.

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This thesis analyses the corporation, a business entity, as a form of group agent and considers its treatment under criminal law. I use group agency theory, drawn from the philosophy of action, to explain how a corporation can be a rational, moral agent with an existence separate from its individual human members' existence. Sceptics about corporate entity often tie moral agency to emotional capacity, something that many theorists, including many who defend the existence of corporate agency, find that the corporation lacks. As against this, I argue that corporations are indeed emotional entities, drawing group-level emotional states from the emotions of various members. Critics of corporations also argue that there are structural reasons why corporations are essentially immoral, or bad moral agents. As against this, I argue that while there are strong reasons why corporations tend to do bad things, they are structurally neutral. In the second half of the thesis, I use the conceptual framework of the corporate moral agent to attempt to bring clarity to various problems within the criminal law as it applies to corporations. While corporations can be brought up on charges of committing acts that require a mens rea element, the law and legal theorists have long struggled with how to locate mens rea within the corporation. I build on collectivist theories of mens rea to explain a form of corporate recklessness, as an instance of corporate mens rea. The applicability of excuses to corporations is also an undertheorized area. I show how, in very limited circumstances, a corporation may be able to make out the excuse of duress, though that excuse relies on the accused acting from the emotion of fear. Finally, I consider the applicability of various theories of punishment to the corporation.
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14

Higgins, Andrew Allan. "Legal professional privilege and its relevance to corporations." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:000ade48-ae3c-4e33-bd5f-1a251722ed37.

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This thesis examines the rationale for legal professional privilege (LPP) in relation to corporations, and seeks to identify the optimal scope of a corporate privilege at the beginning of the 21st century. It argues that there is a growing gap between the jurisprudence on LPP and the modern realities of corporate life. Too often courts explain the rationale for the privilege by reference to the needs and behaviour of individuals, and use questionable analogies to justify its extension to corporations. Accordingly, insufficient account is taken of the legal, economic and social realities in which corporations operate. This has resulted in a privilege rule that rests on questionable foundations and is uncertain in scope. Even when the privilege rules are clear, its scope is often out of alignment with its rationale. This is unacceptable because the cost of a corporate privilege is substantial. The thesis argues that while corporations are entitled to a right to prepare for litigation in private as part of the right to fair trial, the case for a corporate advice privilege unconnected with litigation is weak. Large private and public companies already have sufficient incentives to consult lawyers in order to obtain legal advice. Corporate governance rules effectively require directors to get advice on important legal matters affecting the company. Directors of small private corporations, and individual employees of companies, may still need some additional incentive to take advice or talk candidly to corporate counsel in the form of a privilege. The thesis looks at ways of structuring the privilege to protect these groups. Above all, the thesis argues that rules on corporate advice privilege should be formulated in such a way that it helps rather than hinders the goal of increasing corporate compliance.
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15

Mackie, Colin P. N. "Corporate structures and environmental liability under EU law." Thesis, University of Aberdeen, 2013. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=201704.

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Within the context of UK company law, this thesis proffers a robust solution to the problem of: (1) corporate shareholders utilising the limited liability attained from their shareholding in a subsidiary; and (2) group companies utilising the separate legal personality of an affiliated company, to avoid financial liability under EU environmental law. Analysis is confined to the framework of environmental liability implemented by the Environmental Liability Directive (the ‘ELD’). The ELD is based on the polluter-pays principle. This principle seeks, inter alia, to ensure that the person(s) responsible for environmental damage or the imminent threat of such damage bear the costs of remedying and preventing it. Perversely, two doctrines of UK company law may hinder this and may even incentivise UK companies to externalise their ELD-related costs to society. First, each company is treated as a separate legal person with its own rights and obligations, distinct from those of its shareholder(s). Secondly, under the doctrine of limited liability, when the assets of a company are exhausted, generally, the liability of the shareholder(s) is limited to the amount, if any, unpaid on the share(s) in the company held by them. It is concluded that UK group companies engaged in the most environmentally dangerous activities could be prevented from avoiding financial liabilities arising under the ELD by mandating that they deposit unencumbered assets into an Environmental Damage Trust Fund in favour of the relevant competent authority as security and where funds remained insufficient, attributing the remaining costs to any entity within the corporate group which participated in, or constrained the decision-making of the polluter in relation to the environmentally damaging activity. It is contended that the proposed framework may establish a network of: (1) self-monitoring companies within the corporate group; (2) companies from which funds may be obtained for the satisfaction of the financial liability. This may have two self-perpetuating effects: first, it may promote the prevention of environmental damage by incentivising potentially responsible group members, through the threat of financial liability, to monitor the activity of a high-risk group entity so as to ensure that the activity is conducted in a safe manner. Secondly, it may aid the private remediation of environmental damage by expanding the pool of funds available to meet the financial liability.
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Alford, Wayne Stanley. "The firm, take-overs, and directors' duties : a theory of the firm and the duties imposed by law and the directors of an offeree corporation /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.nlc-bnc.ca/obj/s4/f2/dsk3/ftp05/mq22699.pdf.

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17

Deng, Lin, and 鄧琳. "Critical assessment of the reform in respect of the statutory minimum registered capital system of the company law of China (2005) indealing with undercapitalization with reference to Hong Kong'sexperience." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B42664226.

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18

Thiracharoenpanya, Thapana. "Why do corporations across industry incur cost to disclose ethical and environmental information and how does it matter? An exploratory study of four Swedish corporations across industry." Thesis, Kristianstad University College, School of Health and Society, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4728.

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The recognition of Corporate Social Responsibility (CSR) has increasingly become a key issue for today’s corporations. There is increasing public interest as a result of globalization in the world economy. Corporations adjust to rapid changes by extending beyond the traditional business model that is dominated by short-run profit maximization with the focus on economic aspects of company’s activities. It appears that corporations move beyond that extent to enhance both accountability and transparency in social and environmental commitment by internalizing such concerns into their operation. Not only are these designed to prevent potential criticism and pressure from media and public activists that play a crucial role shaping community awareness, but also to enhance their relations with key stakeholders. This research aims to gain a deeper understanding of corporate implementation of social and environmental responsibility and to become familiar with why organizations incur the cost to publish their operational activities that impact on social and environment. In order to achieve the purpose of this study, an exploratory study will be used as a key to examine through different characteristic of four Swedish corporations across industry. The research found that the benefits of having a CSR engagement are numerous and include strengthening profits, enhancing brand recognition and reputation as well as boosting employment relations. This study also examines the theoretical importance of stakeholder analysis and the motive behind the efforts to disclose information arising from different factors. This paper draws a conclusion to the extent to which communicating information voluntarily to public or disclosure about firms undertaking such activities can significantly affect stakeholders’ decision-making and contribute to the public’s perception.

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19

Kruchen, Carsten. "Europäische Niederlassungsfreiheit und "inländische" Kapitalgesellschaften im Sinne von Art. 19 Abs. 3 GG /." Baden-Baden : Nomos, 2009. http://d-nb.info/995466602/04.

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20

Dahlman, Roland. "Corporate form and international taxation of box corporations." Doctoral thesis, Stockholm : Acta Universitatis Stockholmiensis : Almqvist & Wiksell International [distributör], 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-1009.

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21

Golding, Gregory Ray. "The Reform of Misstatement Liability in Australia's Prospectus Laws." University of Sydney. Law, 2003. http://hdl.handle.net/2123/607.

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This dissertation considers the reforms made to the liability rules in Australia�s prospectus laws during the 1990s. It traces the rewrite of the fundraising provisions at the end of the 1980s as part of the new Corporations Law through to the rewrite of those provisions at the end of the 1990s as part of the CLERP Act initiative. As the law in this area is not particularly well served by detailed judicial or academic analysis in Australia, the dissertation seeks to define the scope of the Australian liability regime by reference to case law analysis, a review of relevant theoretical considerations and comparative analysis with other key jurisdictions. The thesis of the dissertation is that many of the reforms were, particularly initially, misconceived in key respects because of a failure to apply appropriate theoretical underpinnings and to take account of the lessons that could have been learned from a comparative analysis with other key jurisdictions.
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Chadwick, Marcus. "The Overseas Private Investment Corporation political risk insurance, property rights and state sovereignty /." Connect to full text, 2006. http://hdl.handle.net/2123/1857.

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Thesis (Ph. D.)--Discipline of Government and International Relations, Faculty of Economics and Business, University of Sydney, 2007.
Title from title screen (viewed 16th July, 2007). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Discipline of Government and International Relations, Faculty of Economics and Business, University of Sydney. Degree awarded 2007; thesis submitted 2006. Includes bibliographical references. Also issued in print.
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23

Mélon, Lela. "Overcoming the prisoner's dilemma of European corporations : from shareholder primacy to sustainable company law." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=238697.

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24

Masconale, Saura. "The law of directors' fiduciary duties in U.S. corporations: an economic or ideological paradigm?" Doctoral thesis, Luiss Guido Carli, 2013. http://hdl.handle.net/11385/200831.

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25

Allie, Shamima. "Holding multinational corporations accountable for human rights violations under International, African regional and South African Law." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/24997.

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This thesis will focus on examining MNCs violation of human rights with specific reference to the environment and child labour. This paper will critique existing measures South Africa has adopted and implemented to prevent MNCs from committing such harmful practices and to hold them accountable for violating the aforementioned rights. This will be done by focusing in particular on MNCs operating in the extractive industry in South Africa. The study will consider the nature of human rights violations MNCs in this sector have been accused of and how, if at all, they are being held accountable. Lastly, this thesis will provide recommendations in respect to better prevention and accountability of MNCs of human rights violations.
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Lee, Foong Mee, and n/a. "Remedies and sanctions against corporate officers for breaches of duties under part 3.2 of the corporations law." University of Canberra. Law, 1994. http://erl.canberra.edu.au./public/adt-AUC20050523.102418.

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The subject of sanctions and remedies against corporate officers for breaches of the provisions in the Corporations Law is an area of the law which has been largely neglected by the legislature. Although there have been several legislative reforms on remedies since the Corporations Law came into force, those reforms were ad hoc in nature and no attempt has been made to carry out a comprehensive review to assess the effectiveness of the existing sanctions and remedies in context of the needs of contemporary society. In consequence, there is increasing concern that the remedies employed in Australia for breaches of the Corporations Law are inadequate, inconsistent, out-dated and are confined within a narrow range. This thesis seeks to evaluate the current package of sanctions and remedies provided under Part 3.2 of the Corporations Law. As part of this exercise, comparative studies are made with the remedies of other jurisdictions. The provisions for sanctions in Part 3.2 are measured against parallel provisions in the Crimes Act of the Commonwealth and of New South Wales and Victoria. They are also measured against corresponding provisions in selected foreign jurisdictions. A further comparison is made between the traditional civil remedies under the common law and those in the Corporations Law. The evaluation of the sanctioning regime in Part 3.2 is made against the criteria appropriateness, adequacy, consistency and accessibility. This thesis discusses the need for a complete re-assessment of the penalty structure to bring the remedies in line with community expectations.
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Mei, Chang, and 梅畅. "A legal and economic analysis of goals of reorganization of listed companies under the enterprise bankruptcy law of the PRC." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197114.

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The enactment of the 2006 Enterprise Bankruptcy Law of the PRC marked a new stage in China’s bankruptcy regime by the inclusion of a new reorganization system. The first 5 years of the implementation of the law and further scholarly research, however, have exposed the problems that underlie it, especially those concerning the reorganization of listed companies. The pressing need to address these problems calls for a better understanding of the goals of reorganization. This is because it is by applying the criterion of what best serves the desired reorganization goals that distinguishes an optimal from a less-than-optimal reorganization law and sense from nonsense in its implementation. Thus far, however, no scholar has carried out systemic research of China’s reorganization goals. This thesis, set out in two parts, attempts to fill this gap in the literature for both the dynamics of reorganization legislation and the effectiveness of reorganization implementation in China. Employing the methods of theoretical analysis, economic analysis of law, case analysis and comparative study, the first part of this thesis argues that preserving going-concern surplus and fair distribution are the two fundamental goals of reorganization in China. Although protecting community interest is important, it should be considered only an incidental goal of reorganization. The second part of this thesis examines how the most important aspects of the current reorganization system under the EBL can be improved so as to better achieve the two fundamental goals in reality. As to the goal of preserving going-concern surplus, it discusses the early rescue, preservation and sale of the viable parts of the business in a distressed enterprise. As to the goal of fair distribution, it analyzes both the distributional boundaries and rules of reorganization, with a focus on the absolute priority rule. How to balance the values underlying the two fundamental goals of reorganization and the practical impediments to the implementation of the reorganization law are then discussed. Both a sound grasp of the reorganization goals under the EBL and a deep understanding of why and how specific reorganization mechanisms and provisions exist to serve these goals are needed. Only with such understanding, together with a grasp of the relationships between different fundamental goals and different mechanisms and provisions, can the efforts aiming to improve China’s reorganization system achieve the desired level of effectiveness as a whole.
published_or_final_version
Law
Master
Doctor of Legal Studies
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28

Ricketts, Aidan. "Stretching the metaphor : the political rights of the corporate 'person' : a critique of the extension of political rights to business corporations." Thesis, Queensland University of Technology, 2001.

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29

Kirk, Anna-Marie Elisabeth. "Bridging the gap in accountability : multinational corporations, human rights, and the role of international law." Thesis, University of Cambridge, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.613240.

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30

Jarron, Christina. "More nearly social institutions legal regulation and the sociology of corporations /." Phd thesis, Australia : Macquarie University, 2009. http://hdl.handle.net/1959.14/81460.

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"October 2008"
Thesis (PhD)--Macquarie University, Division of Society, Culture, Media and Philosophy, Dept. of Sociology 2009.
Bibliography: leaves 273-293.
Introduction -- Patterns of corporate activity as patterns of corporate dominance: legal, organisational, and economic features of corporations -- Representations of corporate dominance in insidious injuries -- The legal basis of corporate dominance: History of the corporation -- Legal individualism and corporate personhood -- Theories of the corporation -- The legal regulation of corporations - corporate liability laws -- Conclusion.
Corporations are no longer simply a type of business structure; they are dominant social institutions. As institutions, corporations are archetypes of contemporary complex social organisation and should, therefore, be a central concern for sociology. Yet with few notable exceptions, sociologists have failed to address their increasingly dominant position in contemporary societies. In this thesis I argue the importance of a renewed sociological interest in corporations. This must acknowledge, but go beyond, the political-economic outcomes of corporations to address the profound consequences of the legal foundations of the corporate form. Corporations are created and regulated by legal doctrine; it is only with a legal mandate that corporations are able to act as employers, suppliers and investors. On this basis, I claim that any understanding of corporate dominance and its effects must commence with an appreciation of the laws that enable the corporation to exist and operate. -- While contributing significantly to wealth creation, corporate dominance also increases the potential for harm to occur to individuals and communities who fall within a corporation's scope. The contemporary proliferation of industrial illnesses is a prime example of this and is examined through a case study of the operations of an Australian asbestos corporation, James Hardie. This case study is timely and unique in its specification of the link between corporate activity and law in contemporary society. -- I argue that corporate activity such as that in the case study is enhanced and legitimated by the legal description of the corporation that assigns to it the capacities of a human individual through corporate legal personhood. Corporate personhood is examined as an example of the legal individualism endorsed in liberal common law countries. By exploring accounts of corporate structure, decision-making and work processes, I explain how the individualised description of the corporation is at odds with its collective realities; the largest and most successful corporations are collectives of human and monetary resources. -- In light of this, I question the extent to which the effective regulation of corporations can be achieved within existing legal frameworks. Building upon research into workplace health and safety in the United Kingdom, the regulation of workplace deaths in Australia is examined to demonstrate the various approaches to regulating corporations and to identify their shortcomings. This is a striking example of the problems law faces in regulating corporations by virtue of its individualistic design. -- The thesis concludes with an affirmation that sociology needs to grapple with issues of corporate activity and that an understanding of the legal basis of the corporation is the foundation of such studies.
Mode of access: World Wide Web.
295 leaves
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31

Wang, Qi, and 王祁. "Disclosure of internal control weaknesses and the capital market valuation of earnings surprise after the Sarbanes-Oxley Act of 2002." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B41290550.

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32

Black, Michael Thomas. "The theology of the corporation : sources and history of the corporate relation in Christian tradition." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:552b2250-f462-490c-8156-29cf430431af.

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This essay presents evidence that the institution of the corporation has its origins and its main developmental 'epochs' in Judaeo-Christian theology. The notion of the nahala as the institutional symbol of the Covenant between YHWH and Israel is a primal example of the corporate relationship in its creation of an identity independent of its members, its demand for radical accountability on the part of its members, and in its provision of immunity for those who act in its name. On the basis of the same Covenant, St. Paul transforms an ancillary aspect of Roman Law, the peculium, into the central relationship of the Christian world through its implicit use as the institutional background to the concept of the Body of Christ. The exceptional nature of this relationship allows the medieval Franciscans and the papal curia to create what had been lacking in Roman Law, an institution which can own property but which cannot be owned. This relationship is subsequently theorized as the Eternal Covenant by Reformed theologians and successfully tested in one of the greatest theological/social experiments ever recorded, the 17th century settlement of North America. The alternative 'secular' explanation of the corporation provided by 19th century legal philosophy relies implicitly on the theological foundations of the corporation and remains incoherent without these foundations. The theological history of the corporation was recovered in the findings of 20th century social scientists, who also identified corporate finance as the central corporate activity in line with its Levitical origins. Although the law of the corporation is secular, the way in which this law was made a central component of modern life is theological. Without a recovery of this theological context, the corporation is likely to continue as a serious social problem in need of severe constraint.
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33

Birke, Kai. "Neutralitätspflicht der Hauptversammlung im Übernahmeprozess : Desinvestitionsentscheidung versus Kollektiventscheid bei öffentlichen Übernahmeangeboten /." Baden-Baden : Nomos, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015021867&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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34

Janka, Sebastian Felix. "Die Pressefusionskontrolle nach südafrikanischem und deutschem Kartellrecht : eine rechtsvergleichende Untersuchung /." Baden-Baden : Nomos, 2008. http://d-nb.info/989940128/04.

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35

Schram, Ashley. "International Trade and Investment Agreements and Health: The Role of Transnational Corporations and International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35231.

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Addressing complex global health challenges, including the burden of noncommunicable diseases (NCDs), will require change in sectors outside of traditional public health. Contemporary regional trade and investment agreements (RTAs) like the Trans-Pacific Partnership (TPP) continue to move further ‘behind-the-border’ into domestic policy space introducing new challenges in the regulation of health risk factors. This dissertation aimed to clarify the pathways through which RTAs influence NCDs, and to explore points along those pathways with the intent of improving the existing evidence base and supporting policy development. This work develops a critical theoretical framework exploring the ideas, institutions, and interests behind trade and investment policy; it also develops a conceptual framework specifying how trade and investment treaty provisions influence NCD rates through the effects of trade and investment on tobacco, alcohol, and ultra-processed food and beverage products, as well as access to medicines and the social determinants of health. Using health impact assessment methodology, three analytical components were designed to examine pathways of influence from RTAs to health outcomes as mediated by the interests of transnational corporations (TNCs). The first component explored the influence of industry during the TPP negotiations and how its health-related interests were reflected in the final TPP text. The second component examined the role of trade and investment liberalisation in health-harmful commodity markets, finding a rise in TNC sales after a period of liberalisation. The third component demonstrated how investor rights and investor-state dispute can challenge the state’s right to regulate if it damages the profits of TNCs, which may threaten effective health regulation, and provides opportunities to strengthen the right to regulate. The work in this dissertation provides support for the thesis that trade and investment policies are a fundamental structural determinant of health and well-being, which are highly influenced by TNCs that guide such policies in the interest of maximising their profits and protections, often to the detriment of public policy and population health. This work identifies the need for more robust health impact assessments of RTAs before future agreements are ratified, as well as an imperative to challenge vested interests that entrench neoliberal policy preferences that have hindered sustainable and equitable development.
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36

Daniels, Katja. "The politics of international investment law : transnational corporations, social movements, and the struggle for the future." Thesis, Aberystwyth University, 2015. http://hdl.handle.net/2160/363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58.

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The aim of this thesis is to understand the political struggles that underpin international investment law. Social movements of various kinds have expressed alarm over an 'epidemic' of international legal challenges by transnational corporations against state measures designed to protect the environment, public health, or human rights. These state measures have often been introduced directly in response to hard-fought civil society campaigns (ranging from antimining protests in El Salvador to climate change campaigns in Germany), yet academic analysis of what is formally known as 'Investor-State Dispute Settlement' proceeds on the premise that these are simply disputes between 'investors' and 'states', as indeed the term implies. In turn, where the academic focus shifts towards wider questions of why this field of law emerged, and what role it plays in global politics today, even the investors disappear from view, and only states remain. The theoretical argument of this thesis is that the state is not an agent in political struggles, but a social structure that is both the 'congealment' of historic social struggles and a 'strategically selective' arena within which social struggles are fought today. This theoretical argument challenges the state-centric premises of the academic literature, and enables a different empirical explanation of the politics of international investment law, and of the 46 investment disputes arising out of environmental protection measures that have been selected for closer analysis. Drawing upon the work of scholars such as William Robinson, Stephen Gill, and David Schneiderman, the empirical argument of this thesis is that international investment law arose at the initiative of a transnational capitalist class, and it is designed to constrain the political agency of opposing social groups by 'locking in' policies that favour corporations. At stake in the struggle over international investment law is ultimately the very possibility for a different future.
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37

Espinoza, S. A. "Should international human rights law be extended to apply to multinational corporations and other business entities?" Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1460404/.

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International human rights law (IHRL) has traditionally only imposed duties on states. But as multinational corporations (MNCs) and other business entities are perceived as increasingly powerful agents in the global economy, and capable of impacting on many of the interests protected by IHRL, scholars as well as practitioners argue that IHRL should be extended to apply to these entities. My argument in this thesis is twofold. Firstly, I make the normative case that calls for business accountability under IHRL misunderstand the particular role of IHRL, taking the point of IHRL as protecting important human interests against anyone who has the capacity to harm these interests. I argue that the role of IHRL is better understood as holding states accountable for the performance of their special institutional duties. If we were to extend international human rights duties to business entities, many of the core principles of IHRL would need to be changed which in turn would undermine the very identity of this body of law – it would no longer fulfil the distinct function of regulating political authority. I argue that it would impoverish our legal vocabulary if we were no longer able to express the distinction between state violations of human rights and harm done by private actors. And secondly, I argue that there are a number of practical challenges to extending IHRL to business entities, and that the implementation mechanisms of IHRL are currently not well-suited to address many of the concerns that give rise to calls for business-human rights-accountability in the first place. I conclude that an extension of IHRL may therefore not be the straightforward and effective solution that it tends to be made out in the current debate and that alternative approaches to business regulation may be preferable.
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38

Chamblee, Anna Marie McKendry. "Public juridic persons and statutes the application of Canon 117 to parishes /." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0652.

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39

Asdorian, Kathleen Blake. "Piercing the corporate veil in a religious institution the search for the assets /." Theological Research Exchange Network (TREN) Theological Research Exchange Network (TREN) Access this title online, 2006. http://www.tren.com.

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40

Antonicelli, Charles V. "The ownership of property in the Archdiocese of Washington a historical, canonical and civil law analysis /." Theological Research Exchange Network (TREN), 1998. http://www.tren.com.

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41

Niemeyer, Carl Michael. "Der Schutz inlandischer Glaubiger bei Errichtung grenzuberschreitender Niederlassungen /." Baden-Baden : Nomos, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014912927&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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42

Koch, Moritz. "Die Vinkulierung von GmbH-Anteilen und ihre Auswirkung auf Umwandlungsvorgänge /." Berlin : Duncker & Humblot, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016029726&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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43

Duarte, Henriques, Енрікес Дуарте, and Энрикес Дуартэ. "Judicial practice as a source of commercial law." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/48744.

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The modern world is characterized by a variety of international economic relations. The regulation of these relations in the legal field plays an essential role from the point of view of the integrity and effectiveness of international law. Today, such a phenomenon as transnational corporations (TNCs) has become an important component of international economic relations. International law with its branch – international economic law - can serve as a solid basis for the general international legal regulation of the activities of TNCs. An important role in this process is played by the norms of international legal regulation of foreign investment.
Сучасний світ характеризується різноманітністю міжнародних економічних відносин. Регулювання цих відносин у правовому полі відіграє важливу роль з точки зору цілісності та ефективності міжнародного закону. Сьогодні таке явище, як транснаціональні корпорації (ТНК) стали важливою складовою міжнародних економічних відносин. Міжнародне право з його галуззю - міжнародним економічним правом - може слугувати як міцна основа загального міжнародно-правового регулювання діяльності Російської Федерації ТНК. Важливу роль у цьому процесі відіграють норми міжнародно-правового регулювання іноземних інвестицій.
Современный мир характеризуется разнообразием международных экономических отношений. Регулирование этих отношений в правовом поле играет важную роль с точки зрения целостности и эффективности международного закона. Сегодня такое явление, как транснациональные корпорации (ТНК) стали важной составляющей международных экономических отношений. Международное право в его отраслью - международным экономическим правом - может служить как прочная основа общего международно-правового регулирования деятельности Российской Федерации ТНК. Важную роль в этом процессе играют нормы международно-правового регулирования иностранных инвестиций.
Duarte Henriques
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44

HERNÁNDEZ, GUERRERO Vanesa. "Tax incentives under the initiatives against harmful tax competition, the EC treaty provisions on state aid and the WTO Agreement on subsidies." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/25400.

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Defence date: 17 December 2007
Examining Board: Prof. Ernst-Ulrich Petersmann (EUI Supervisor) ; Prof. Adolfo J. Martín Jiménez (Universidad de Cádiz, External Supervisor) ; Prof. Pierre-Marie Dupuy, EUI ; Mr. Richard Lyal, EC Commission
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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45

Gose, Michael A. "Corporate Inversions: Realigning Tax Incentives to Keep Corporations in the United States." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1033.

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ABSTRACT This thesis analyzes the corporate income tax, more specifically related to foreign sourced income, and proposes a solution to reduce the desirability of tax inversions and restore the competitiveness of United States’ corporations. The paper introduces the topic and discusses why corporate taxation has returned to the forefront of political discussion. It then addresses early 2000s regulation passed in response to increased inversion activity of the late ‘90s and how that regulation failed to achieve its intended purpose. Then, the current laws will be introduced with a focus on corporate actions to circumvent these laws in order to reduce tax liabilities. Then, I will propose a solution that emphasizes altering the incentives of corporations as opposed to creating rules to prevent corporate actions.
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46

Khoury, S. "(Transnational) Corporations and Human Rights: an exploration into the accomodation of capital in international human rights law." Doctoral thesis, Università degli Studi di Milano, 2014. http://hdl.handle.net/2434/239323.

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There is empirical evidence that corporations, often in collusion with states, are complicit in, if not instigators of, a variety of human rights violations. Despite this evidence, the international community of states has been unwilling or unable to respond to these violations in any adequate measure. At the same time, the discourse of human rights has become integral to state legitimacy in a post-Cold War society. An analysis of the legal structure of the corporation and its omnipresence in the global political economy raises questions about the overarching framework of an international human rights law that protects corporations in analogous ways to physical persons. The extension of rights to corporations reveals a human rights paradigm that holds private property and capitalist accumulation at the core of its value system. This thesis scrutinises the association between human rights and corporations and raises questions about whether human rights law can be used to challenge corporate power. The thesis is an empirically based inquiry into the perspectives of judges from the European and Inter-American Courts of Human Rights on the potential for human rights law to respond to corporate harms. The thesis seeks to examine the role that human rights courts play in using existing mechanisms of human rights law in cases involving corporate violations. The data was gathered from a detailed analysis of case law from these regional human rights systems, as well as fifteen interviews with judges from the European and Inter-American Courts of Human Rights. The analysis reveals that the open-texture of the law and the use of international human rights courts in counter-hegemonic struggles is a strong indication of the possibility for alternative uses of human rights law. These alternative uses of law are illustrative of the potential to challenge the relative impunity afforded to corporations from within the very system that has been developed to protect them.
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47

Kornmann, Jan, and Marcus Adolfsson. "CSR activities within service corporations : A case study about how four legal jurists and their service corporation conduct CSR activities with primary focus on SME law firms." Thesis, Jönköping University, JIBS, Business Administration, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-13108.

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Purpose: The purpose of this thesis is to interview four legal jurists in order to explore how they conduct CSR activities within their service corpora-tion, with primary focus on SME law firms.

Background: A current issue to address concerning the conduct of business these days is CSR activities. Although, the previous research concerning CSR activities and the service sector is limited.

Theoretical Framework: The theoretical framework is divided into four parts; a general part concerning the concept of CSR activities, a review of earlier studies of CSR activities, the stakeholder theory and finally the theory about the triple bottom line.

Method: A qualitative case study was employed in order to answer the purpose. The most suitable research approach was a combination of a deductive and partially an inductive approach. The primary data consisted of semi-structured interviews. The secondary data were used in order make a comparison in relation to manufacturing corporations.

Empirical findings & Analysis: As for all corporations an integration of voluntary social and environmental concerns in their business operations are considered as CSR activities. A significant concern is CSR activities that the inter-viewed service corporations experienced was the lack of human and economic resources to deal with CSR activities. Furthermore, the lack of stakeholder pressure does not facilitate the matter of implementing more CSR strategies into the corporations‟ business conduct. As a result of the lack of stakeholder pressure the interviewed corporations tend to only take part in CSR activities that create goodwill value for the corporation. According to the interviewed service corporations CSR activities is a new phenomenon that is likely to become a bigger part of their business conduct in the future.

Conclusion: The interviewed corporations tend to focus their CSR activities to-wards the social activities since this is the kind of activities that is closely connected to the core business.

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48

MORGERA, Elisa. "Corporate accountability in international environmental law : emerging standards and the contribution of international organizations." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7016.

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Defence date: 15 February 2007
Examining Board: Prof. Pierre-Marie Dupuy (European University Institute); Prof. Francesco Francioni (European University Institute); Prof. Alan Boyle (University of Edinburgh); Prof. Tullio Scovazzi (University of Milano-Bicocca)
First made available online: 20 July 2021
This study aims to define the legal contours of the concept of corporate accountability in international environmental law. This concept is often related to the insistent calls by international non-governmental organizations (NGOs) and academics to ensure some sort o f international oversight over private companies, particularly multinational ones, to avoid the most serious environmental harm caused by them. Corporate accountability is also equally relevant when considering the growing practice of international organizations to increasingly engage the private sector in attaining global goals for the protection of the environment.
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49

Munarriz, Gerardo J. "Indigenous peoples and international human rights law : mining, multinational corporations and the struggles of indigenous peoples in Peru." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/62915.

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This thesis examines and questions the role of international human rights law and international economic law in relation to the increasing encroachment and dispossession of Indigenous lands and territories by multinational corporations (MNCs) in the extractive industry. It also aims to explore the role of a national state’s legal framework and policies not only in validating, authorizing and embedding this process, but also in authorizing a growing and pervasive trend of persecution and criminalization of Indigenous communities who challenge and resist MNCs’ operations. The examination of the relationship between national and international law provides a terrain to grasp how international economic law and international human rights law have become part of evolving regulatory architectures of global governance aiming to validate and embed global capital accumulation. Focusing on Peru, this thesis argues that law, particularly international economic law and the legal framework developed in Peru since the 1990s, has played a prominent role in facilitating and embedding multinational corporate investment in the extractive industry, and in weakening the rights of Indigenous and peasant communities to control their land, water and resources. Peru’s legal framework and policies on extractive industries have not only validated the expansion of MNCs operations and dispossession of Indigenous lands, but have also validated a growing trend of persecution and criminalisation of Indigenous communities. While international economic law constitutes, enables and protects MNCs, international human rights law and corporate social responsibility mechanisms are linked to and help to extend the expansion and deepening of global capital accumulation by means of laws and regulations designed to facilitate and remove barriers to the power and mobility of MNCs. Notwithstanding legal and socio-economic barriers, Indigenous communities have mobilized against and resisted MNCs operations. A comparison of three conflicts involving corporate actors and local communities reveals the existence of intense social mobilization and resistance of Indigenous and peasant communities to defend their land rights, their environment and livelihood, their participation in the decision making process and fair distribution of economic benefits.
Law, Peter A. Allard School of
Graduate
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50

Weideman, Jeanette. "European and American perspectives on the choice of law regarding cross–border insolvencies of multinational corporations / Weideman J." Thesis, North-West University, 2011. http://hdl.handle.net/10394/6956.

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An increase in economic globalisation and international trade the past two decades has amounted to an increase in the number of multinational enterprises that conduct business, own assets and have debt in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross–border insolvency (CBI). CBI refers to the situation where insolvency proceedings are initiated in one jurisdiction with regard to a debtor’s estate and the debtor also has property, debt or both in at least one other jurisdiction. When a multinational enterprise is in financial distress, the structure of such an enterprise poses significant challenges to the question of how to address its insolvency. This is due to the fact that, although the multinational enterprise is found globally in different jurisdictions around the world, the laws addressing its liquidation are local. The possibility of restructuring the multinational enterprise or liquidating it in order the satisfy creditor claims optimally depends greatly upon the ease with which the insolvency law regimes of multiple jurisdictions can facilitate a fair and timely resolution to the financial distress of that multinational enterprise. The legal response to this problem has produced two important international instruments which were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross–Border Insolvency in 1997, which has been adopted by nineteen countries including the United States of America (in the form of Chapter 15 of the US Bankruptcy Code) and South Africa (in the form of the Cross–Border Insolvency Act 42 of 2000). Secondly, the European Union adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. These two instruments address the management of general default by a debtor and are aimed at providing a legal framework which seeks to enhance legal certainty, cooperation, coordination and harmonization between states in CBI matters throughout the world. After discussing the viewpoints of various writers, it seems clear that “modified universalism” is the correct approach towards CBI matters globally. This is mainly due to the fact that the main international instruments currently dealing with CBI matters are all based upon “modified universalism”. By looking at various EU and US case law it is also evident that, although there is currently still no established test for the determination of the “centre of main interest” (COMI) of a debtor–company under Chapter 15, there is a difference in the approach adopted by courts in the EU and those in the US in this regard. This dissertation further discusses the requirements for a debtor–company to possess an “establishment” for the purpose of opening foreign non–main insolvency proceedings in a jurisdiction as well as the choice–of–law considerations in CBI matters.
Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.
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