Innovations in Corporate Governance
Show Less

Innovations in Corporate Governance

Global Perspectives

Edited by Susan Watson and P. M. Vasudev

The world is changing. Old certainties were swept away by the Financial Crisis of 2008. States are grappling with the implications of new thinking about the ways in which the role and nature of corporations should be viewed and therefore regulated. This timely study uses perspectives of scholars from around the world to highlight and provide critical analysis of innovations in corporate governance adopted in a range of jurisdictions, both mature and developing. Due to their primary importance, particular attention is paid to the governance of banks.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 2: Globalizing up corporate law

Franklin A. Gevurtz


While many criticize globalization as producing a ‘race to the bottom’ in which multinational corporations move activities to nations with less legal protections accorded to workers, the environment and so on, others argue that globalization may actually lead to an increase in legal protection, to ‘trading or globalizing up’. This chapter contributes to the dialogue by looking at globalizing up in the corporate law context by specifically analysing examples in which globalization has led to greater legal protections for minority shareholders against self-enriching conduct by controlling parties or large shareholders. While existing literature has examined globalizing up through the importation of corporate laws and corporate governance institutions by nations seeking to attract foreign capital for local corporations, this chapter, by discussing three recent cases, explores how globalization increases protections of minority shareholders when, as a result of international capital flows, foreigners become subject to a different nation’s more demanding corporate law.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.