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Corporate governance failures are all too frequent and their patterns and outcomes seem avoidably familiar. This book examines the findings of behavioural finance and economics that are most relevant to governance problems, and suggests potential solutions that are best suited to real-world practice and circumstance. There is a great deal of existing theory that claims to predict the causes and effects of poor governance, and provide solutions. However, the implementation of such measures seems to do little more than merely delay inevitable crises. This book develops a synthesis framework to examine the relative strengths and weaknesses of a behavioural versus deductive approach to understanding the failures of governance. It concludes with a discussion of how corporate governance theory may need to shift going forward, perhaps to include a ‘heterodox’ ecosystem of theoretical paradigms. This book will be of interest to students, researchers and practitioners concerned with corporate governance, economic theory and behavioural economics.
Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.
There are many deep-seated reasons for the current financial turmoil but a key factor has undoubtedly been the serious failings within the corporate governance practices of financial institutions. There have been shortcomings in the risk management and incentive structures; the boards’ supervision was at times weak; disclosure and accounting standards were in some cases inadequate; the institutional investors’ engagement with management was at times insufficient and, last but not least, the remuneration policies of many large institutions appeared inappropriate. This book will provide a critical overview and analysis of key corporate governance weaknesses, focusing primarily on three main areas: directors’ failure to understand complex company transactions; the poor remuneration practices of financial institutions; and, finally, the failure of institutional investors to sufficiently engage with management. The book, while largely focused on the UK, will also consider EU and Australian developments as well as offering a comparative angle looking at the corporate governance of financial institutions in the US.
This book explores theoretical and empirical perspectives on corporate governance and sustainability and reflects upon India’s three decades of corporate governance reforms. It provides a solid base of information culled from extensive empirical research. It will contribute to the 2030 agenda of the United Nations on Sustainable Development Goals by lighting the way forward and enhancing the convergence of corporate governance with sustainability in business entities. Adopting a credible and uniform sustainability reporting framework and cultivating a pervasive “sustainability culture” through effective “sustainability leadership” has become a business imperative. It will be highly relevant for all stakeholders, including shareholders, boards of directors, managers, academicians, and researchers, and it will empower, enrich, and enable them to gain more conceptual clarity and empirical understanding of corporate governance and sustainability issues. In addition, it shows the pathway for policymakers and practitioners to address the myriad challenges that emanate from sustainability by suggesting new approaches emerging in the critical domain of corporate governance.
Recent cases of corporate failures, including the fixing of LIBOR rates and money laundering issues in the banking industry, highlight how behavioural issues on the part of company directors are significant contributory factors in corporate governance and the success or failure of companies. This book examines how personality and behavioural issues have contributed to major corporate failures, and how this risk may be managed. The book examines behavioural risks in corporate governance, and evaluates the extent to which risk management mechanisms have acknowledged various aspects of behaviour. Drawing from cases in the UK, the US and Australia and research in psychology and the behavioural sciences, Ngozi Vivian Okoye argues that current corporate governance mechanisms lack provision for identifying and managing personality risks, and suggests how constituent elements of behaviour should be engaged with when developing preventive mechanisms for corporate failures. Okoye presents a conceptual framework for identifying and managing personality risks, and explores how personality risk may be built into corporate governance regulation. The book will be of great use and interest to researchers and practitioners in business and company law, corporate governance, and critical management studies.
Corporate scandals due to bad accounting happen far too frequently for a system of corporate governance to be deemed effective. This book tells why the safeguards designed to prevent bad accounting so often fail. By studying why the auditors and members of a board of directors regularly fail to deliver the truth about a company‘s financ
This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation. This title is included in Bloomsbury Professional's International Arbitration online service.
This Element shapes the discussion about corporate governance and boards of directors. The arena for boards and corporate governance is not static. In Boards, Governance and Value Creation (Cambridge, 2007) Morten Huse accumulated knowledge about boards with a focus on behavioural perspectives. The present contribution reflects on what has been happening during recent years. It contributes to the literature around sustainable value creation in business and society. This Element brings an update of the content of the 2007 book, and thus provides a resource for students - as well as for reflective practitioners.
In the past two decades, the traditional role of corporate governance has been greatly augmented and transformed by increased attention to the importance of social inclusion in business decisions and of environmental impacts of business activities, giving rise to the now well-understood linkage among environmental, social, and governance (ESG) principles. This book is the first to thoroughly analyze the ESG phenomenon as a tripartite corporate purpose model and the profusion of laws and regulations it continues to engender. Drawing on perspectives from law, economics, and business management, the book focuses on those ESG challenges that are most likely to impact companies in the coming years. The author discusses such aspects of ESG law, regulation, and practice as the following: impact of digitalization on ESG practices; competing ESG perspectives and whether there are signs of convergence toward a more universal model; impact of corporate ownership patterns; review of hard and soft law responses; corporate control under COVID-19 pandemic conditions; workplace and workforce transformations; various ESG-related corporate scandals and controversies; ESG regulatory responses from international entities such as the Organisation for Economic Co-operation and Development (OECD) and International Organization of Securities Commissions (IOSCO); and seminal ESG cases in various business sectors. The emphasis throughout is on developments in the European Union, the United States, and the United Kingdom, both because it is in those jurisdictions that ESG challenges have been and are most fully dealt with and because these economies taken together are likely to continue exerting dominating influence across the world. What this book says about ESG provides pertinent insights and guidance for those seeking a better understanding of ESG practices and underlying theories across major economies. With essential information and guidance for ESG law practitioners, policymakers, and academicians, the book gives clarity and guidance as to who should lead the charge for ESG practices in business enterprises in major jurisdictional settings. Its detailed coverage of best ESG practices will be welcomed by those conducting their business enterprises within approved regulatory perimeters.
- Foreword - Executive summary - Introduction - The dynamics of moral decision making - Integrity in the context of social interactions - Applying behavioural insights to integrity policies - References