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Many investor-state dispute settlement (ISDS) claims are by shareholders for so-called "reflective loss" incurred as a result of injury to “their” company. This paper (i) compares the wide acceptance of such claims in ISDS with their general prohibition in advanced systems of national corporate law; and (ii) analyses policy issues raised by such claims (e.g., risk of double recovery, high legal costs, injury to creditors, etc.).
This report analyses the supervision and enforcement of rules and practices relating to related party transactions, takeover bids and shareholder meetings in 27 jurisdictions and includes in-depth reviews of practices in Brazil, Turkey, and the United States.
SOEs are an important feature of the economic landscape in the MENA region. This report examines their contribution to industrial development, diversification, poverty elimination and the provision of goods and services. It assesses ownership and governance practices and makes recommendations to policymakers, managers and boards.
This report describes the current policy framework in Asia and summarises the challenges to establishing a formal and transparent board nomination and election process. It proposes policy options to improve the transparency of the board nomination and election process in order to reinforce more effective boards.
This article provides both an analytical framework for the role of public policy in corporate governance and a description of the empirical context that influences the conditions for that policy.
This study provides critical observations on the state of key global equity markets as recent developments have put into question their efficiency and effectiveness in facilitating capital formation. It covers the top 26 initial public offering (IPO) producing nations, with a particular focus on stock markets in the United States.
Legislative and regulatory policy options for sustainable capital markets - A good corporate governance framework should combine transparency, accountability and integrity and this requires knowledge of beneficial ownership. This report assesses the costs, benefits and practicalities of different approaches, suggesting policy options to better identify ultimate beneficial ownership in Indonesia.
Without propriety, integrity, transparency and the engagement of all stakeholders, markets cannot function well. Governments must protect fundamental rights and ensure good governance, fair regulations and transparency, while businesses must acknowledge that operating globally also implies a responsibility for their impact locally.
This meeting will address high-level systematic approaches to responsible business conduct and identify priority areas for future action. In the wake of the Rana Plaza tragedy, Her Excellency Dr. Dipu Moni, Minister of Foreign Affairs for Bangladesh, will open the Forum and participate in a special session on Bangladesh and the textile industry.
Slovenia is facing the legacy of a boom-bust cycle that has been compounded by weak corporate governance of state-owned banks. The levels of non-performing loans and capital adequacy ratios compare poorly in international perspective and may deteriorate further, which could require significant bank recapitalisation.