International Corporate Law by Fiona Macmillan

By Fiona Macmillan

The foreign company legislation sequence is devoted to the e-book of scholarly writing on matters within the zone of foreign and comparative company legislation. every one quantity is split into elements. the 1st half includes essays targeting theoretical concerns in company legislations, comparative company legislation themes, or supranational matters in company legislation. the second one a part of the quantity comprises chosen brief state reviews. The inaugural quantity within the sequence will include contributions from students in Australia, Japan, Nigeria, the uk and the U.S., writing on quite a lot of topics. those participants comprise Professor Keith Engel, Professor Ameze Guobadia, affiliate Professor Jennifer Hill, Dr Ross MacDonald, Professor Gregory Mark, affiliate Professor Mami Sakaue, Dr Peta Spender, Professor Mitsumasa Tanabe and affiliate Professor Junko Ueda.

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133 Under the Jensen and Murphy alignment of interests model of remuneration, size of remuneration under pay for performance packages is unproblematical. Nonetheless, there is growing criticism of the theoretical underpinnings to pay for performance. 135 Increasingly, these critics point to executive remuneration and income inequality as a social issue. 136 These matters suggest that, from a normative perspective, an exclusive focus on shareholder interests through shareholder/management collectivisation may be undesirable (particularly when coupled with decollectivisation of labour interests).

142 Dodd’s model imbued the corporation with long-term interests transcending those of any single group within in its boundaries. In recent times, some scholars have also attacked the assumption, which underlies pay for performance structures, that the alignment of shareholder and management interests is all that counts. 143 Almost 40 years ago, Abram Chayes rejected a shareholder-centred conception of the corporation as outmoded. According to Chayes: [a] concept of the corporation which draws the boundary of ‘membership’ thus narrowly is seriously inadequate.

68 Finally, the familiar connection under corporate law principles between the concept of ‘control’ and share ownership69 has been weakened. 70 As was recognised in the Australian decision, CanWest Global Communications Corporation v. 78 While the stereotypical debtor/creditor relationship is short-term and finite, project financing arrangements can continue for decades. , Allen J in Crédit Lyonnais Bank Nederland NV v. Pathe Communications Corp. 1991 Del Ch LEXIS 215, 108, who states that in certain circumstances directors recognise that ‘the right (both the efficient and the fair) course to follow for the corporation may diverge from the choice that the stockholders (or the creditors, or the employees, or any single group interested in the corporation) would make if given the opportunity to act’.

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