Thesis (Ph. D.)--University of Chicago, Graduate School of Business, March, 2001. / Includes bibliographical references. Also available on the Internet.

Thesis (M.B.A.)--University of Hong Kong, 1986.

Thesis (Ph.D.)--Murdoch University, 2006. / Thesis submitted to the Division of Arts. Includes bibliographical references (p.325-354)

This study argues that corporations have obligations in relation to fundamental human rights, for which there appears to exist a value consensus across different cultures and societies.  This study argues that the normative thrust of fundamental human rights obligations of corporations derive primarily from national legal orders and only secondarily from the international level, whereas both draw their foundations from an international value system.  This argument is backed by an empirical study of sixty-five national legal orders in relation to corporate fundamental human rights obligations.  Thirdly, it argues that fundamental human rights obligations may also derive from unilateral commitments by corporations themselves. This study thereafter proposes a normative framework of obligations to respect, protect and fulfil fundamental human rights.  In other words, it argues that both corporations and states have an obligation to respect, protect and fulfil fundamental human rights.  The study employs a holistic approach which identifies a three-fold responsibility for fundamental human rights violations by or involving corporations: corporate, individual and state responsibility.  In this light, it argues for concurrence between corporate, individual and state responsibility, where possible.  Identifying obligations and responsibility is only one of the aspects of the idea of corporate responsibility.  As important is the question of how one can respond to fundamental human rights violations by corporations.  As international mechanisms are often non-effective, and even non-existent, the provision of effective remedies for victims of fundamental human rights violations by or involving corporations, this study argues, rests where fundamental human rights are best protected within the national normative frameworks.  The final aim is to develop the normative framework <i>de lege</i> <i>ferenda</i>.  This study makes thirteen recommendations on how to improve the normative framework for corporate responsibility for fundamental human rights.

Members of Individual Types of Business Companies The purpose of my thesis is to analyse the differences between the regulation of members of individual types of business companies in the current Commercial Code and in the Business Corporations Act (hereinafter the "BCA"). The reason for my research is the fact that the BCA will become effective on 1 January 2014. Therefore, it is in the best interest of shareholders to become sufficiently familiar with the new regulation. The thesis is composed of six chapters. Chapter One is introductory and defines the basic terminology used in the thesis. The chapter is subdivided into three parts. Part One defines a business company, Part Two defines a member and Part Three deals with the transition to the new act. Chapter Two focuses on General Commercial Partnership (Unlimited Partnership). This chapter addresses the major changes, e.g. more precise definition of the Partnership, (non)transferability of the share, and the very interesting possibility to pay one's business contribution by performance of work or provision of services. Chapter Three is aimed at members of a Limited Partnership. The primary upcoming change is basically a shift back to the principals of partnership, especially by the subsidiarity of provisions governing a General Commercial...

ABSTRACT Niger Delta of Nigeria is a region characterized with conflict commonly conceptualized as ‘‘petro-violence’’. This violence  between Shell and its host communities has lasted over four decades. While the activities of Shell and other oil companies destroy the ecology of the region , the oil producing communities demand improved explorative and exploitative activities of the companies, improved welfare for the people and compensation for the harm done to the ecology of the region. This work examines whether Shell can really be blamed for contributing to the conflict in the region and whether it is morally permissible for Business Corporation like Shell to engage in Corporate Social Responsibility.

<p><strong> ABSTRACT</strong></p><p><strong> </strong>Niger Delta of Nigeria is a region characterized with conflict commonly conceptualized as ‘‘petro-violence’’. This violence  between Shell and its host communities has lasted over four decades. While the activities of Shell and other oil companies destroy the ecology of the region , the oil producing communities demand improved explorative and exploitative activities of the companies, improved welfare for the people and compensation for the harm done to the ecology of the region. This work examines whether Shell can really be blamed for contributing to the conflict in the region and whether it is morally permissible for Business Corporation like Shell to engage in Corporate Social Responsibility.</p><p> </p>

Thesis (M.B.A.)--University of Hong Kong, 1997. / Includes bibliographical references (leaf 118-122).

This thesis examines the different areas of agency theory including managerial discretion, corporate governance compliance, voluntary disclosure policies and regulation. The institutional setting for these studies will be the Alternative Investments Market (AIM) as this market provides a unique regulatory environment and distinctive corporate governance features that makes it suitable for analysis. Specifically, AIM, unlike its FCA-regulated main market counterpart, operates under a self-regulated environment, where application of the FCA rules and combined codes are voluntary. This allows great discretion in a firms operation leading to potential agency problems as mandatory disclosure is limited to price-sensitive information, allowing for the presence of information asymmetry. As well as agency theory, one of the main arcs of this thesis explores the role of Nomads. As principle regulator, these firms are charged with ensuring the compliance of their clients with the AIM rules, as well as ensuring the continued success of AIM itself. The first investigation creates a Nomad reputation index to test how the market responds when companies change to more reputable Nomads. To do this, event study methodology is utilised to examine the abnormal returns earned around Nomads switches. The key findings indicate that when managers switch-up to a more reputable Nomad, a proxy for managerial bonding, the market responds favourably, in spite of the costs associated with hiring a more reputable Nomad. Similarly, when managers make the unnecessary decision to switch to a Nomad of equal rank, the market responds negatively. As there is no intuitive advantage to switching to a Nomad of equal rank, it might therefore be seen as a costly and unnecessary move that will not improve the value of the firm. Therefore, the market reacts negatively, indicating the presence of market discipline as investors are punishing managers for making a decision perceived as unnecessary. The final analysis introduces the concept of ‘strict’ Nomads who are perceived to follow the AIM rules more closely than other Nomads. The reporting lag is used as a proxy and finds a positive relation with switches to a strict Nomad over a lenient one. The second study examines the determinant of corporate governance compliance with a focus on the effect of regulation. The findings document that regulation has not influenced the level of compliance, but rather there has been a convergence in governance standards over time given the increased awareness and demand for governance attributes. The findings also extend the Nomad reputation analysis with regards to governance and find a significant positive relation indicating Nomads influence governance standards as part of their monitoring role. The final study examines how the extent of voluntary disclosure is influenced by the company’s corporate governance attributes and the reputation of the Nomad. This study finds a positive relation between the level of voluntary disclosure, board independence and the presence of a nomination committee. Furthermore, this study reveals that voluntary earnings disclosure is a signal for bad news as the LS regression documents a negative relation between abnormal returns and the level of voluntary disclosure. This is corroborated in the event study where the announcement of a notification of results and the subsequent earnings announcement are associated with negative abnormal returns being earned.

Reinstatement of liquidation (ss. 208, 209 of the Civil Code) This diploma thesis deals with the legal regulation of the continuing and reinstated liquidation pursuant section 208 and 209 of Act No. 89/2012 Coll., the Civil Code. The continuing and reinstated liquidation are specific cases to which rather marginal attention is paid within the legal order. The aim of this thesis is to point out the essential aspects of this regulation and to solve some of the cases of doubt concerning them, as well as to outline the actual course of these institutes and the prerequisites that must arise for their implementation. The diploma thesis deals with the continuing and reinstated liquidation in two separate parts, which form the core of the thesis. In the individual chapters the legal conditions for the continuation and reinstatement of the liquidation are analysed, as well as the prerequisites that were, in relation to this regulation, specified in more detail or deduced only in the decisional practice of the courts. Particular attention is also paid to the nature and the requirements set out for the nature of the previously unknown property, the needs for other necessary measures and other interests worthy of legal protection, which are the essential reasons for carrying out a continuing or reinstated...