Simon Learmount
- Published in print:
- 2004
- Published Online:
- September 2007
- ISBN:
- 9780199269082
- eISBN:
- 9780191719257
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199269082.001.0001
- Subject:
- Business and Management, Corporate Governance and Accountability
This book explores current thinking on corporate governance by way of a detailed study of the governance practices of fourteen Japanese companies. The author of this book was granted extensive access ...
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This book explores current thinking on corporate governance by way of a detailed study of the governance practices of fourteen Japanese companies. The author of this book was granted extensive access to these Japanese companies, as well as to their partner companies, their shareholders, and their banks, and was therefore able to provide a detailed insight into the way that Japanese companies are actually governed on a day-to-day basis. The book suggests that current mainstream conceptualizations of corporate governance are inadequate, as they do not help to understand the way that these Japanese companies are directed and controlled in practice. In the majority of cases, governance operates through a system which draws on the reciprocal obligations, responsibilities, and trust generated in everyday interactions at the individual and organizational level. The conclusions of the research have important implications not only for our understanding of the Japanese system of corporate governance, but also for international corporate governance policy and research in general. In particular, the book commends greater recognition that alongside the currently dominant concern ‘controlling’ the behaviour of company managers, the governance of companies might equally be considered in terms of the responsibilities, reciprocal obligations, and trust inherent in everyday interactions.Less
This book explores current thinking on corporate governance by way of a detailed study of the governance practices of fourteen Japanese companies. The author of this book was granted extensive access to these Japanese companies, as well as to their partner companies, their shareholders, and their banks, and was therefore able to provide a detailed insight into the way that Japanese companies are actually governed on a day-to-day basis. The book suggests that current mainstream conceptualizations of corporate governance are inadequate, as they do not help to understand the way that these Japanese companies are directed and controlled in practice. In the majority of cases, governance operates through a system which draws on the reciprocal obligations, responsibilities, and trust generated in everyday interactions at the individual and organizational level. The conclusions of the research have important implications not only for our understanding of the Japanese system of corporate governance, but also for international corporate governance policy and research in general. In particular, the book commends greater recognition that alongside the currently dominant concern ‘controlling’ the behaviour of company managers, the governance of companies might equally be considered in terms of the responsibilities, reciprocal obligations, and trust inherent in everyday interactions.
Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.003.0004
- Subject:
- Law, Public International Law, EU Law
This chapter deals with the concepts of jurisdiction and applicable law in WTO dispute settlement. It argues that international law in conflict with WTO law must, under certain circumstances, be ...
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This chapter deals with the concepts of jurisdiction and applicable law in WTO dispute settlement. It argues that international law in conflict with WTO law must, under certain circumstances, be recognized as superseding WTO law even within WTO proceedings. The central thesis is that substantive WTO obligations essentially being reciprocal, WTO Members should be regarded as being in a position, in principle, to modify such rights and duties inter partes. Given that the jurisdiction of WTO adjudicating bodies is claim-specific, their competence may lapse also due to inter se modifications of substantive WTO law (i.e., the legal grounds on which claims can be brought). This requires panels to take account of such non-WTO norms that are invoked as a defence, if the latter have to be regarded as lawful modifications of WTO law and as being meant to prevail over WTO law by the WTO Members bound by them.Less
This chapter deals with the concepts of jurisdiction and applicable law in WTO dispute settlement. It argues that international law in conflict with WTO law must, under certain circumstances, be recognized as superseding WTO law even within WTO proceedings. The central thesis is that substantive WTO obligations essentially being reciprocal, WTO Members should be regarded as being in a position, in principle, to modify such rights and duties inter partes. Given that the jurisdiction of WTO adjudicating bodies is claim-specific, their competence may lapse also due to inter se modifications of substantive WTO law (i.e., the legal grounds on which claims can be brought). This requires panels to take account of such non-WTO norms that are invoked as a defence, if the latter have to be regarded as lawful modifications of WTO law and as being meant to prevail over WTO law by the WTO Members bound by them.
