scholarly journals Corporate Law Reform and the Political Environment: An Empirical Analysis Employing Public-Comment Procedure Data in Japan

2017 ◽  
Vol 4 (2) ◽  
pp. 309-328
Author(s):  
Hatsuru MORITA

AbstractCorporate law shapes the fundamental business environment and affects various stakeholders. It is possible to determine the behaviour of various stakeholders by examining the politics of the reform process of corporate law. In order to understand the process, this paper uses the notice-and-comment procedure (public-comment procedure). Under this procedure, people submit comments to the Ministry of Justice; some of the comments are reflected in the final Bill, while others are not. The paper performs a quantitative analysis of a hand-collected dataset from two recent public-comment procedures on corporate law reform. The results showed that the bureaucrats are rigid and not willing to take public comments seriously. However, on some technical issues, legal academics, and legal professionals influence the behaviour of the bureaucrats. In addition, the bureaucrats employed these comments to honour the technical views of professionals. In other cases, corporate managers significantly influence the reform process.

1999 ◽  
Vol 27 (1) ◽  
pp. 77-120 ◽  
Author(s):  
Michael J Whincop

1999 ◽  
Vol 27 (1) ◽  
pp. 77-120
Author(s):  
Michael J Whincop

Author(s):  
Amanda Jermy

The business community like other communities also depends on the general state of affairs of any state. The state is governed by the administration of political bodies. Thus, political environment directly affects the business policies and the execution thereof as far as the scalability and development of the business set up is concerned. Political environment like other segments of the business environment has its own considerations for the business leaders and planners. What would be the acceptability level of the intended products and services, this all depends on the general interference of the political inputs for the business community. Through this paper, it has been intended to put light on the political interferences in the business planning process across political structures and regimes. How a political set is critical for the performance or scope of the business process in a given geography. The geo-coverage of the paper should be taken as general as no specific reference is made to any political structure of any particular state.


2021 ◽  
Vol 7 (3) ◽  
pp. 56-64
Author(s):  
Ivan Horodyskyy ◽  
Andriy Borko ◽  
Mariia Sirotkina

Defining the European vector of development of Ukraine in the model of international cooperation as a priority involves the use of European standards in the field of law. This is impossible without careful adaptation work to bring the domestic legal system in line with the system that exists in the countries of the European Union. Recent changes in legislation have been long-awaited and have been a breakthrough in the corporate and financial sectors. The authors aim to carry out a comprehensive analysis of Ukrainian corporate law by comparing the political governance of Eastern Europe, economic and political aspects of the current situation, problems of corporate governance and ways to solve them, and the current stages of adaptation of corporate law in its transformation to the EU’s norms. In February 2018, the European Commission proposed to consider 2025 a possible date for the accession of Serbia and Montenegro, which means recognizing these countries as the first league in the Balkans, even in case the EU Council does not approve this date. The second league was set by the Council in June 2018, when 2019 was marked as a possible conditional date for the opening of accession negotiations with Albania and Macedonia. While the third league is for the accession of Bosnia and Kosovo, for which no date has been set. Negotiations with Turkey have been suspended. For comparison, if we take into account both political and economic indicators, Ukraine is approximately equal to the Balkan states of the second league. The prospect of EU membership has been recognized as the strongest external factor in domestic political change in the countries surrounding the EU. In accordance with the requirements of the Association Agreement with the EU on corporate law (EU Directives No. 2001/34/EC, No. 2003/71/EC, No. 2004/109/EC, No. 2007/14/EC, No. 2007/36/EC, No. 2012/30/ ЕС, No. 2013/34/ЕС, Recommendations of the European Commission No. 2005/162/ЕС and No. 2004/913/ЕС) the Law of Ukraine No. 2210-VIII, the Law of Ukraine “On Limited Liability and Additional Liability Companies” dated February 06, 2018 No. 2275-VIII, amendments to the Laws of Ukraine №514-VI, “On Securities and Stock Market”, “On Business Associations”, the Economic Code of Ukraine, the Civil Code of Ukraine, the Criminal Procedural Code of Ukraine and other laws were made and came into force on July 1, 2021 in the Law of Ukraine No. 738-IX. European integration transformation of Ukrainian legislation in the context of protection of shareholders’ rights was manifested through the implementation of Directive 2004/25/EC in the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Doing Business and Attracting Investments by Issuers of Securities” dated March 23, 2017 No. 1983-VIII and the Law of Ukraine No. 514-VI. Ukraine’s economy has not yet recovered from the negative effects of the global financial crisis of 2008, the political coup, the national crisis of 2015, the current crisis caused by the COVID-19 pandemic. This situation shows declining dynamics, and changes in Ukrainian legislation are offset, not showing real effect. The harmonization of Ukrainian legislation is complicated by the unwillingness of Ukraine’s business environment to comply with EU rules. Analyzing the activities of the JSC, the dynamics of the securities market, stock market and the transformation of Ukrainian legislation, the initiatives of certain branches of government, we can say that Ukraine is moving in the right direction but not fast enough and forms a country with a real market economy. Therefore, we can conclude that the adaptation of Ukrainian corporate law to EU legislation should be carried out not only in relation to existing EU directives but in accordance with general trends and prospects for the development of European corporate law.


2017 ◽  
Vol 3 (4) ◽  
pp. 581-613
Author(s):  
Xiangyang Bi

This paper analyzes job burnout of inside-system legal professionals under the rule-of-law reform in China and its possible causes. Social cognitive theory, including cognitive dissonance, expectancy theory, and social comparison theory, provides the analytic framework for this study. The conclusion reveals a relatively high level of job burnout among inside-system legal professionals in China. Further analysis indicates that the individual’s commitment to the rule of law, confidence in the legal reform, and practice of non-rule-of-law in daily work are influential factors affecting his/her job burnout levels. Importantly, the interaction coefficients between these variables are statistically significant, clearly demonstrating that the discrepancy between expectation and reality is one of the root causes of job burnout in the legal profession. The discrepancy causes cognitive dissonance and psychological imbalance. At a theoretical level, this finding opens a new way of examining a particular type of occupational burnout. It shows that under the rule-of-law reform, Chinese inside-system legal professionals exhibit cognitive dissonance between ideals and reality, which constitutes a micro-political psychological basis for organizational change as speculated by neo-institutionalists and, in turn, reveals insights that may help us to understand the legal reform process within the bureaucratic system.


2017 ◽  
Vol 81 (4) ◽  
pp. 282-291
Author(s):  
John Child ◽  
Jonathan Rogers

The principal aim of this article is to introduce a new criminal law reform initiative: The Criminal Law Reform Now Network (CLRN Network). The article begins in Part 1 by setting the scene for law reform in this jurisdiction, exposing and discussing four major challenges that await any would-be reformer or network: 1) The Political Red Line, 2) The Political Preference for Simple Headlines, 3) The Political Indifference to Principles of Criminalisation, and 4) The Division Between Academics and Practitioners. From here, in Part 2, we introduce the ambitions and processes envisaged for the new CLRN Network. Launched in 2017, the mission of the CLRN Network is to facilitate collaboration between academics and other legal experts to gather and disseminate comprehensible proposals for criminal law reform to the wider community. The aim is to include members of the public and mainstream media as well as legal professionals, police, policymakers and politicians. Proposals from the CLRN Network might require legislation, but will not be restricted to such projects. Reforms which public bodies such as the Home Office, Police or CPS could bring about by internal policies may be included, as well as reforms which require the support of some of the judiciary, bearing in mind the proper judicial constraints on law making. The CLRN Network will be ready to consult with and make suggestions to anyone who has the power to bring about reform.


2010 ◽  
Vol 21 (4) ◽  
pp. 279-291 ◽  
Author(s):  
Valery Perry

AbstractThis article will consider one narrow aspect of the post-Dayton reform process in BiH — the role of the OSCE Mission to BiH in supporting reforms in the 'human dimension'. It will not be a comprehensive review of the Mission's activities on the ground; other such summaries have been conducted, including in the pages of this journal's predecessor. It will instead briefly consider the political environment in BiH 15 years after the war, the continued human dimension efforts of the Mission, and reflections on the scope and limits of such a field Mission in the broader political arena.


2018 ◽  
Vol 42 (6) ◽  
pp. 616 ◽  
Author(s):  
Ben White ◽  
Lindy Willmott

The Voluntary Assisted Dying Act 2017 (Vic) will come into force in June 2019, becoming the first law in Australia in 20 years to permit voluntary assisted dying (VAD). This paper considers how other Australian states and territories are likely to respond to this development. It analyses three key factors that suggest that law reform is likely to occur in other parts of Australia: (1) the growing international trend to permit VAD; (2) social science evidence about how VAD regimes operate; and (3) changes to the local political environment. The paper argues that these three factors, coupled with the effect of Victoria changing its law, suggest that other VAD law reform is likely to occur in Australia. It also considers the different types of laws that may be adopted, including whether other states and territories will follow the very conservative Victorian approach or adopt more liberal models. What is known about the topic? Despite sustained law reform efforts in parliaments across the country, Victoria is the first Australian jurisdiction to pass a law permitting VAD in 20 years. What does this paper add? This paper addresses likely future trends in VAD law reform in Australia. Drawing on international developments, a growing body of social science evidence about how VAD regimes work in practice, and evidence about a changing local political environment, the paper argues that other states and territories in Australia will also enact laws about VAD. What are the implications for practitioners? The legalisation of VAD has significant implications for health professionals, health administrators and health systems. Understanding how reform may occur and what legal models may be considered supports participation in the law reform process and preparation for likely change.


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