O trabalho trata do interesse público nas sociedades de economia mista enquanto tipo societário que agrega participação estatal e privada em seu capital social, e que se constitui em instrumento do Estado para a implementação de políticas públicas. Analisa os elementos que as caracterizam e os problemas internos e externos que delas decorrem, buscando demonstrar que toda sua estrutura gravita em torno do interesse público que lhes dá causa. Em um segundo momento, percorre os meandros da expressão interesse público, investigando seus aspectos ideológicos e a compreensão do conceito no decorrer da evolução histórico-cultural do pensamento jurídico-político. Assegura que sua essência de conceito jurídico indeterminado não retira a possibilidade de sua melhor aplicação a cada caso concreto, tendo em vista que seu núcleo permanece aberto à realidade. Entende que, com a instituição do Estado Democrático de Direito pela Constituição Federal de 1988, que erigiu a dignidade da pessoa humana como princípio fundamental da ordem econômicasocial, o interesse público passou a constituir uma forma de garantir a satisfação dos interesses privados, pelo que não se pode incorrer no erro de afirmar que o interesse público coloca em risco os direitos fundamentais, conferindo à expressão um caráter autoritário que, em verdade, ela não contém. Aduz sobre a propalada idéia de supremacia do interesse público sobre o interesse privado, não contemplada explicitamente pelo texto constitucional, mas amplamente admitida pelo Direito Administrativo como princípio que consagra uma finalidade imperativa e indisponível da Administração e de seus agentes. Apresenta o embate atual na doutrina brasileira entre a corrente de juristas que propugna pela reconstrução do princípio da supremacia do interesse público, com base na nova roupagem que lhe foi conferida pela Constituição Federal, de garantidor dos direitos fundamentais, frente à corrente que defende a desconstrução do princípio que, a seu ver, colocaria em risco os interesses privados, o que demandaria um juízo de ponderação entre os interesses conflitantes. Em seguida, passa a analisar o interesse público como elemento fundamental da atividade estatal e combate que a participação do Estado na exploração direta de atividade econômica tenha caráter subsidiário; o Estado não só pode, como deve intervir no domínio econômico, visando assegurar o melhor interesse público a ser realizado. Em sua parte final, o trabalho traz, especificamente, a compreensão do interesse público nas sociedades de economia mista com base nas questões clássicas que derivam da atuação do Estado em um contexto macroeconômico, sob a perspectiva do poder de controle, da função social da empresa, do lucro e da concorrência. Conclui que o interesse público nas sociedades de economia mista se confunde com sua própria finalidade e deve ser compreendido tanto como elemento que norteia todos os aspectos de sua constituição, tanto como elemento que direciona a atuação estatal na atividade econômica. / The paper discusses the public interest in joint ventures as a type of company that combines state and private participation in its capital stock, and that it constitutes in an instrument of the State for the implementation of public policies. It analyzes the elements that characterize them and the internal and external problems resulting thereon, seeking to demonstrate that their whole structure revolves around the public interest that gives them rise. Then it goes through the intricacies of the term public interest by investigating its ideological aspects and understanding the concept in the course of historical and cultural evolution of the legal and political thought. It ensures that its essence of indeterminate legal concept does not remove the possibility of its best application in each specific case, given that its core remains open to reality. It considers that, with the establishment of the Democratic Rule-of-law State by the Federal Constitution of 1988, that raised the human dignity as a fundamental principle of social-economic order, public interest began to be a way to ensure satisfaction of private interests, by that you cannot make the mistake of asserting that the public interest endangers the fundamental rights, giving the expression an authoritarian character that, in fact, it does not have. It brings forward the divulged idea about supremacy of the public interest over the private interest, not covered explicitly by the Constitution, but widely accepted by the Administrative Law as the principle that elects a mandatory and unavailable purpose of the Administration and its agents. It presents the current resistance in Brazilian doctrine between the jurists current who advocates the reconstruction of the public interest supremacy principle, based on the new look given to it by the Federal Constitution, of guarantor of fundamental rights, and the current that defends the deconstruction of the principle that, in their opinion, endanger the private interests, which would require a court to deliberate between conflicting interests. Then it analyzes the public interest as a fundamental element of the state activity and it combats that the States participation in the direct exploitation of economic activity has subsidiary nature; the State not only may, but must intervene in the economic order, in order to ensure the best interest public. In its final part, this paper brings, specifically, the understanding of the public interest in joint ventures based on the classic questions that arise from the actions of the State in a macroeconomic context, from the perspective of controlling power, companys social function, profit and competition. Its conclusion is that the public interest in joint ventures is confounded with its own purpose and should be understood both as an element that guides all aspects of its constitution, and as an element that directs the State action in economic activity.

Yes / We adopt a resource dependence approach to explain the effect of state participation on the dissolution of international joint ventures (IJVs). While resource dependence theory has been used to explain the formation of IJVs, we propose an extension of the theory to explain their dissolution. We do so by highlighting the match between foreign firms’ resource needs (resource hierarchy) and the resource provision roles of state-controlled versus private local partners (resource profiles). We further argue that the effect of state participation on the dissolution of IJVs is moderated by foreign firms’ host country experience and IJV age. We test our hypotheses by using data on 623 IJVs in China. Our results show that state participation reduces the risk of IJV dissolution and that the strength of this effect differs depending on the type of state-controlled actor that is involved in an IJV. We also find that host country experience and IJV age moderate the effect of state participation on IJV dissolution. These findings enhance our understanding of IJV dissolution and contribute to the development of resource dependence theory.

published_or_final_version / Business Administration / Master / Master of Business Administration

A research report submitted to the Faculty of Engineering and the Built Environment, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Master of Science in Engineering (Mechanical, Industrial, and Aeronautical Engineering), October 2017 / The research was conducted to investigate the existing cultural factors that influence international projects and whether project teams are aware of these dynamics. The research specifically focused on South African and German project teams. One company from each country was chosen for the investigation; namely Company SA (from South Africa) and Company GER (from Germany); Company SA is Company GER’s subsidiary company. The project teams that were included for data collection were working on the Medupi/Kusile coal-fired, new-build power stations. The commissioning of these power stations is severely delayed. A case study approach was utilised to collect data; and qualitative methods were incorporated. This entailed conducting semi-structured interviews with six managers; two of which were based at Company SA and four at Company GER, respectively; and participant observations at Company SA’s and Company GER’s prefabrication workshops. Cultural factors do exist in international projects and the project-specific ones were summarised for the project relationship between the South Africans and Germans. Furthermore, the management level is mindful of cultural factors; however, their employees are not consciously aware that the reasons for their differences stem from cultural diversities. All managers also were of the opinion that management of cultural factors do affect the successful outcome of projects. Both companies have not provided their employees with a fixed technique or process on how to manage and adapt in projects with variable cultures. Some recommendations were included regarding methods to increase knowledge and manage an international project where there is cultural diversity; including specifics to manage a South African and German project. / CK2018

by Tsui Hok Kan, Brian. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1997. / Includes bibliographical references (leaf 53). / ABSTRACT --- p.ii / TABLE OF CONTENTS --- p.iii / LIST OF TABLES --- p.v / Chapter / Chapter I. --- INTRODUCTION --- p.1 / Background --- p.1 / Cable & Wireless : A Strategic Perspective --- p.2 / Research Objective --- p.4 / Methodology --- p.8 / Chapter II. --- CABLE & WIRELESS HISTORY --- p.11 / Chapter III. --- RELATIONS BETWEEN ORGANIZATIONAL CHARACTERISTICS AND INDIVIDUAL SUBSIDIARIES --- p.14 / Matrix Classification of Cable & Wireless Group's Subsidiaries --- p.14 / Case Studies : Cross-national Related Strategy --- p.15 / Cable & Wireless Business Networks --- p.16 / Cable & Wireless Mobile --- p.16 / Case Studies : Cross-national Unrelated Strategy --- p.17 / Omnes --- p.18 / Cable & Wireless (Marine) Ltd --- p.19 / PHS International Ltd --- p.20 / Case Studies : National Related Strategy --- p.21 / Hongkong Telecom ´ب --- p.21 / OPTUS --- p.23 / Case Studies : National Unrelated Strategy --- p.24 / Sembawang Cable Depot Pte Ltd --- p.24 / S.B. Submarine Systems Co. Ltd --- p.25 / Chapter IV. --- DISCUSSION --- p.27 / General Organization of Cable & Wireless Activities --- p.27 / General Observations on Relations Between Organizational Characteristics and Strategies --- p.29 / Business Diversification and Geographic Diversification --- p.30 / Concluding Remarks --- p.31 / Chapter APPENDIX 1 - --- QUESTIONNAIRE FOR HONGKONG TELECOM --- p.34 / Chapter APPENDIX 2 - --- SUMMARY OF SURVEY RESULTS --- p.40 / BIBLIOGRAPHY --- p.53 / Books / Periodicals / Annual Reports / Interviews

Abstract not available

International joint ventures (IJVs) have become popular because of their importance as a strategic alternative in global competition. Construction companies consider IJVs as a vehicle to enter new markets and exploit business opportunities. Being a special type of strategic alliance, IJVs offer partnering companies to combine the distinctive competencies and the complementary resources. Despite the benefits associated with IJVs, such entities are very difficult to manage mainly due to their inherent complexity, involving a mixture of different cultures, managerial systems, philosophies, and attitudes. As a result of these difficulties, the failure rate of IJVs is generally high. Therefore, measurement of the performance of IJVs has been an important research topic for a few decades. However there is no consensus on an appropriate definition of the indicators and determinants of IJV performance in construction. In this study, a framework is proposed to model the IJV performance in construction industry. A multi-dimensional performance measure is developed and determinants influencing the level of performance are defined. In this context, a questionnaire survey was administered to Turkish construction companies that have established IJVs with foreign partners. The validity of the proposed drivers and measures of performance is investigated and relationships between them are analyzed using the structural equation modeling technique. The results point out the significance of the inter-partner fit and the quality of partner relations for a successful IJV operation. The findings of the study also suggest that project-related factors have a moderate influence on IJV performance. In a properly designed IJV structure, partners with compatible skills, resources, and cultures are found to maintain good relations and are expected to achieve greater IJV success.

Through analysis of the impact of international automobile manufacturers to enter the China market factors, summarized in its mode of entering the Chinese market to explore the automotive industry in Taiwan to enter the Chinese market is likely to choose. The study found that lower costs and increase the diversity of products to major automobile manufacturers are two main factors, which entered the Chinese market, the time difference will lead to the same entry mode, but joint ventures and wholly-owned is still the main mode.

In this paper, I have attempted to highlight the problems that face investors, both black and white, in South Africa, especially in the light of the effects of the new legislation promulgated after apartheid was abolished. The legislation with which I am most concerned, is the legislation which was promulgated to promote the entry of blacks into the South African economy. In chapter one, I deal with the concept of empowerment from the constitutional view point and the problem of its definition. I also discuss out the relevant new legislation that in my argument I believe impacts on corporate activity and then deal with the distinction between an "arrangement" within its ordinary meaning in corporate law distinct from that as defined in the in the Companies Act 61 of 1973. In chapter two, I deal with the dangers facing an individual investor, the benefits of incorporation, the problem of the existence of money revolving schemes, and the effects of a lack of education amongst previously disadvantaged investors. In chapter three, I deal with joint ventures, their benefits, the effect of the Competition Act 81 of 1998 on joint and potential areas of conflict between black and white partners. Certain aspects of fraudulent and negligent conduct of directors are examined. In Chapter four, I deal with the methods of executing mergers and acquisition in relation to empowerment companies, their advantages and disadvantages, certain procedures necessary for the protection of investors like due diligence inquiries, the protection offered by the present company legislation and the common law and criticisms of the courts to protect shareholders. I look at a case study and special considerations in mergers and acquisitions. In chapter five, I look at the problem of capital in empowerment companies, the various methods that have been used to raise capital, and the loopholes in the law that affect some of these arrangements. I have focused specifically on special purpose vehicles and buyouts. In chapter six, I deal with the impact of government action and government policy on empowerment and I have compared this with what has happened in other countries. I conclude by recommending that the Black Empowerment Commission should be given teeth to take corrective measure towards empowerment. / Thesis (LL.M.)-University of Natal, Durban, 2001.

[Truncated abstract] This thesis investigates the influence the interpersonal relationship between the venture capitalist and the entrepreneur has upon the performance of the venture capitalist's investment. Its aim was to explore how venture capitalists add value (as opposed to what they do) to their investments in order to arrive at a fuller explanation of investment performance than that offered by agency theory – the current paradigm for the value adding relationship. The qualitative study that underpins this thesis found that in Australia, the quality of the interpersonal relationship between the venture capitalist and the entrepreneur during the value adding phase of the venture capital investment cycle positively predicts the performance of the venture capitalist's investment. The study was prompted by the researcher's personal experiences (as both a venture capitalist and as an entrepreneur in Australia) which suggested that the interpersonal relationship may influence the effectiveness of the venture capitalist's attempts to add value. Whilst the prior research had explored in depth the provision of value adding services (e.g. strategic advice, recruitment of key personnel, board participation), less progress appears to have been made in understanding the role of the interpersonal processes. Although several studies have attempted to fit an established social exchange theory to the value adding process, a published explanation of investment performance (process outcome) that includes interpersonal processes has not been identified. ... The exercise of power was found to be a negative predictor of investment performance. Power was typically exercised as the last resort measure in a failed interpersonal relationship and either precipitated or consolidated inferior investment performance. The failure of the venture capitalists to exercise their formal power in time to arrest underperformance was often due to their fear of the 'hold up' power of (threat of abandonment by) the entrepreneur. Agency theory's contribution to the explanation of investment performance was limited to (adverse) selection, at which point the combined competence of the dyad was determined. In addition to the new explanatory theory, some other insights into value adding were provided, including the key role of mutuality and the lack of explanatory power of the contract, information asymmetry, or goal alignment. The thesis offers contributions to knowledge and practice. Its contributions to knowledge include: the generation of new theory about value adding and investment performance in venture capital deals and some new theoretical concepts, the application of a methodological approach that is new to the area of interest, and a new insight into the Australian venture capital sector. It outlines the implications of the study findings for venture capitalists, entrepreneurs and policy makers, providing some fresh ideas for their consideration. It particularly highlights the need for cultural change in value adding relationships and the influence of heritage on the likelihood of the venture capitalist being successful.