Editorial

Managerial Law

ISSN: 0309-0558

Article publication date: 22 May 2007

311

Citation

Kirkbride, J. (2007), "Editorial", Managerial Law, Vol. 49 No. 3. https://doi.org/10.1108/ml.2007.01049caa.001

Publisher

:

Emerald Group Publishing Limited

Copyright © 2007, Emerald Group Publishing Limited


Editorial

This issue of the journal contains contributions that are applauded for their original contributions that maintain and promote the comparative and contemporary mission of the journal, including the promotion of multi-disciplinary studies. Peter Yeoh traces the tensions and conflicts of corporate governance models in transition states and economies, with a particular focus on Poland. He clearly articulates the challenges and "battle" for convergence between the Anglo-American shareholder model and the more traditional stakeholder approach of the continental European approaches and the influence of the latter on the Central and Eastern European cultures. The OECD and world bank preference for the shareholder model is contributing to tension and change, as Peter explores and explains.

David Lewis and Tina Uyas provide an excellent comparative study of the legislative challenges to public interest disclosure and whistleblower protection. To secure a balance of public openness with the security and confidence of employee protection is recognised as one of the major challenges in the conflicts of private and public rights. The study adopts a comparative approach examining the influences of the UK developments on the statutory responses in South Africa. The study is then able to focus on recommendations that might advance the effectiveness of the approaches in both jurisdictions.

Finally, Kathy Hall focuses on the gaps and limits of law in achieving and advancing better corporate and board decision-making. The role and impact of psychology is considered and, in a unique way, the framework of legal rules and principles is placed within a larger behavioural and psychological framework. The implications of this can serve to enhance the understanding of the limits on law on board and individual behaviour.

James Kirkbride

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