Emerald | Managerial Law | Table of Contents

New processes of governance: cases for deliberative decision-making?

literatinetwork@emeraldinsight.com (Suzanne Benn) — Tue, 18 Sep 2007 00:00:00 +0100

Abstract

Purpose – The purpose of this paper is to explore the new forms of governance that are emerging to facilitate corporate sustainability. Design/methodology/approach – The research methodology draws on multiple case study research, examining the research question through the lens of two case examples: a government/industry partner program, itself comprising multiple cases, and an industry consultative committee. Findings – While these cases involve different motivations for collaborative decision-making, they each involve inter-organisational decision-making. Such decision-making requires the establishment of new processes of governance. Research limitations/implications – More case examples need to be explored and subjected to more detailed discourse analysis. Practical implications – Suggestions for new decision-making models that could be usefully taken up by governments and corporations to address stakeholder disputes. Originality/value – The paper makes suggestions for appropriate forms of governance by process if sustainability outcomes are to be achieved that are acceptable to a range of corporate stakeholders.

Dynamic evolution in public-private partnerships: The role of key actors in managing multiple stakeholders

literatinetwork@emeraldinsight.com (Kate Joyner) — Tue, 18 Sep 2007 00:00:00 +0100

Abstract

Purpose – This paper seeks to examine the insights that the individual agency perspective offers to the study of public-private partnerships (P3s). It extends prior research, which has primarily adopted an economic and structural perspective, by considering the ways by which individual actors involved in these complex arrangements can shape their evolutionary path. Design/methodology/approach – This conceptual paper identifies the key research issues and questions in the P3 literature and highlights how these concerns can be further illuminated by the insights offered through the individual agency perspective. Findings – The paper identifies four key issues in the P3 literature questions as the antecedents of P3s, pre-formation processes, governance models and mechanisms, and evolution and adaptation. Introduction of the individual agency perspective to these research concerns highlights additional potentially explanatory factors for P3 formation and successful adaptation. The paper demonstrates that considering this perspective alongside current explanations can extend our current thinking and usefully add depth, breadth and linkage to P3 research. Practical implications – This research challenges the current conceptions of P3 governance as one of choosing the appropriate structural option. It offers agency considerations at each stage in the sequence of P3 process and argues that individual capability and action can influence the success and effectiveness of these arrangements. Originality/value – This research introduces a managerial perspective to the study of P3s and reframes the current thinking around governance of these forms. This contrasts with the more economic and structural agendas of public policy research.

Multinational oil companies' CSR initiatives in Nigeria: The scepticism of stakeholders in host communities

literatinetwork@emeraldinsight.com (Gabriel Eweje) — Tue, 18 Sep 2007 00:00:00 +0100

Abstract

Purpose – The purpose of this paper is to critically examine the multinational oil companies' (MOCs) corporate social responsibility (CSR) initiatives in Nigeria. Its special focus is to investigate the scepticism of stakeholders in the producing communities about the long-term effect and the beneficiaries of the oil companies' CSR/community development initiatives. Design/methodology/approach – This paper employs a qualitative methodology, drawing on semi-structured interviews conducted in Nigeria and London. The field work was carried out in Nigeria (Abuja, Lagos and Port-Harcourt) and in London, UK. Visits were made to the head offices of the MOCs; Ministry of Petroleum and the Nigeria National Petroleum Commission; and the office of The Movement for the Survival of the Ogoni People in the Niger Delta. In London, Shell International Office was visited. Findings – The study found that expectations of host communities in the Niger Delta for CSR/community development initiatives are greater. The communities above all want social development projects that provide hope of a stable and prosperous future. The companies, on the other hand, have embraced development initiatives primarily in order to demonstrate that they are socially responsible. Practical implications – If the host communities do not feel that the CSR projects will create a sustainable economic development, they will keep agitating for change and create an hostile environment for multinational enterprises (MNEs). Originality/value – This research adds to the literature on MNEs' CSR initiatives in developing countries and rationale for demands for social projects by host communities. It concludes that business has an obligation to help in solving problems of public concern.

The process of governance: through a practice lens

literatinetwork@emeraldinsight.com (Clive Smallman) — Tue, 18 Sep 2007 00:00:00 +0100

Abstract

Purpose – The paper's purpose is to identify the inappropriateness of the current model of regulation of corporate governance, which applies worldwide; and inherent paradoxes in the five areas of best practice in corporate governance. Design/methodology/approach – This is a review paper building new conceptualization for research into governance. The paper identifies the origins of the issues with weaknesses in the ontological and epistemological base for theorizing about corporate governance and its regulation. It suggests an alternative theoretical basis, identifying ways forward for developing theoretically aligned best practice along with regulation that properly reflects the complexity of the post-modern business world. Findings – The paper calls for a fresh approach to governance theorizing for regulation and best-practice through considering governance praxis rather than structure and the reconceptualization of governance as a process of systematically balancing out tensions in order to effect good governance. Practical implications – Governance research and regulation requires reframing so that good theory can improve practice. Originality/value – The paper goes against the conventional wisdom in governance research, falling in with more advanced thinking for practice-based studies of organising.

Modeling the Chinese family firm and minority shareholder protection: The Hong Kong experience 1980-1995

literatinetwork@emeraldinsight.com (Philip Lawton) — Tue, 18 Sep 2007 00:00:00 +0100

Abstract

Purpose – The paper aims to explore the extent to which the legal experience of minority shareholder actions in Hong Kong supports the sociological model of the Chinese family firm as developed by Wong Siu-lun and reports some preliminary findings for the period 1980-1995. Design/methodology/approach – This paper is based upon the analysis of 275 minority shareholder petitions in the High Court of Hong Kong between the years 1980 and 1995 inclusive. It also draws upon material from a questionnaire sent to law firms involved in those petitions and interviews with members of the Hong Kong judiciary with experience of hearing minority shareholder cases, members of the legal profession and accounting and company secretarial professions directly or indirectly involved in the administration of companies in Hong Kong and regulators. Findings – The findings indicate that the problematic early, emergent stage of the model as described by Wong Siu-lun is quite accurate. Whilst there is considerable support for some aspects of the model of the Chinese family firm, the experience indicates a number of complex dynamics at play, some of which the model does not take into account. However, the findings, at least by implication, do point to the cohesive strength of the Chinese family firm with occasional fault lines resulting in some “disputes” of earthquake proportions which may rumble on in some cases for years. Practical implications – The findings demonstrate the usefulness of lifecycle modeling of the family and other type of corporate firm. It also demonstrates some of the complex subtleties at play. The findings also have implications for the law matters thesis of La Porta et al. Originality/value – This is one of the first studies to actually examine the legal experience of minority shareholder protection in a particular jurisdiction (Hong Kong) by examining the petitions and writs actually filed and relating them to a sociological model of the Chinese Family firm.

Key Employment Cases for 2007

literatinetwork@emeraldinsight.com (Jessica Guth) — Tue, 18 Sep 2007 00:00:00 +0100

Guide to the Age Discrimination Regulations 2006

literatinetwork@emeraldinsight.com (Jessica Guth) — Tue, 18 Sep 2007 00:00:00 +0100

Introduction

literatinetwork@emeraldinsight.com (James Kirkbride and Geraint Howells) — Tue, 18 Sep 2007 00:00:00 +0100

Processes of governance across multiple stakeholders: performance, control and innovation: an introduction

Tue, 18 Sep 2007 00:00:00 +0100

Call for papers

Tue, 18 Sep 2007 00:00:00 +0100