Ideas, Institutions and the Exhaustion ofModell Deutschland?

2004 ◽  
Vol 5 (9) ◽  
pp. 1133-1154 ◽  
Author(s):  
Christopher S. Allen
Keyword(s):  
Corporate Governance ◽  
Industrial Relations ◽  
Historical Context ◽  
German Law ◽  
Supervisory Board ◽  
Legal Framework ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Economic Point ◽  
The University

[Editors’ Note: This is the fourth consecutive article published in German Law Journal since July 2004 that is dedicated to the ongoing debate over the fate and prospects of the German model of Capitalism, welfare policy and corporate governance. The 22 July 2004 acquittals of all six defendants in the criminal proceedings against former Mannesmann CEO, Klaus Esser; Deutsche Bank's CEO (Vorstandssprecher) and then Member of Mannesmann's supervisory board, Josef Ackermann, and other members of Mannesmann's Supervisory Board have, once more, highlighted to German, European and International observers the particular features of law and politics in “Germany Inc.”, “Rhenish Capitalism”, or “Rhineland Capitalism”. As begun in the aftermath of Josef Ackermann's inthronization at the head of Deutsche Bank in May 2002 (exactly two years and two months before his acquittal before theLandgerichtDüsseldorf) and Ackermann's subsequent transformation of the Board's control structure,German Law Journalhas published several contributions to the ongoing changes in German corporate governance and its embeddedness within the specific German economic and legal system (seehttp://www.germanlawjournal.com/article.php?id=156). In the Journals July issue, Peter Kolla, a law student of Osgoode Hall Law School of York University in Toronto, meticulously traced the background debates to the closely observed criminal proceedings in the Mannesmann aftermath (http://www.germanlawjournal.com/article.php?id=460), and in our August issue, Jürgen Hoffmann, Professor of Sociology in Hamburg, surveyed the current interdisciplinary debate over the future fate of so-called Rhineland Capitalism and reconstructed Germany's recent history in an international context of globalization and privatisation (http://www.germanlawjournal.com/article.php?id=485). Also in the August issue, Max Rolshoven, writing his Ph.D. in law at the University of Münster, offered a first assessment of the acquittals in the Mannesmann case (http://www.germanlawjournal.com/article.php?id=480). In the article, published here, Professor Christopher Allen of the University of Georgia further deepens this inquiry from an economic point of view, while placing the contemporary debate over the possible end of Rhineland capitalism in the historical context of Germany's development in the 20th Century. The Editors ofGerman Law Journalare very pleased and honored to be able to provide for a further forum for this important debate, bringing together lawyers, economists, political scientists and sociologists, for a much needed exploration of the historical and political origins as well as of the legal framework of Germany's much critizised and, at the same time, ardently praised system of corporate governance and industrial relations. We invite our readers to contribute to this debate, which has so far found too little resonance in Germany itself.The Editors.]

The Last Word? – The July 22, 2004 Acquittals in the Mannesmann Trial

2004 ◽  
Vol 5 (8) ◽  
pp. 935-940 ◽  
Author(s):  
Max Philipp Rolshoven
Keyword(s):  
Corporate Governance ◽  
Industrial Relations ◽  
Short Note ◽  
Historical Context ◽  
German Law ◽  
Supervisory Board ◽  
Legal Framework ◽  
Criminal Proceedings ◽  
University Of Georgia ◽  
Subsequent Transformation

[Editors’ Note: This short note concerns the most recent acquittals in the Mannesmann criminal trial against former Mannesmann CEO, Klaus Esser; Deutsche Bank's CEO (Vorstandssprecher) and then Member of Mannesmann's supervisory board, Josef Ackermann, and other members of the Supervisory Board. The Landgericht [Regional Court] Düsseldorf acquitted all six defendants on 22 July 2004, and this timely note provides but for a first rendition of the circumstances, the reactions and the thrust of the judgment. For more extensive background to the criminal proceedings against Esser, Ackermann et al. and the importance that domestic and international observers have regularly been assigning to this case in the context of a worldwide corporate governance debate, see already Peter Kolla's article in the 1 July 2004 Issue of German Law Journal. German Law Journal will publish a more extensive case commentary in the coming months. Meanwhile, the Mannesmann proceedings have, once more, highlighted to German, European and International observers the particular features of law and politics in “Germany Inc.”, “Rhenish Capitalism”, or “Rhineland Capitalism”. As begun in the aftermath of Josef Ackermann's inthronization at the head of Deutsche Bank and Ackermann's subsequent transformation of the Board's control structure, German Law Journal has published several contributions to the ongoing changes in German corporate governance and its embeddedness within the specific German economic and legal system. In this issue, we are publishing a fine piece by Jürgen Hoffmann, Professor of Sociology in Hamburg, on the current interdisciplinary debate over the future fate of so-called Rhineland Capitalism. In the next issue, to be published on 1 September 2004, Professor Christopher Allen of the University of Georgia will further deepen this inquiry and place the contemporary debate over the possible end of Rhineland capitalism in the historical context of Germany's development in the 20th Century. The Editors of German Law Journal are very pleased and honored to be able to provide for a further forum for this important debate, bringing together lawyers, economists, political scientists and sociologists, for a much needed exploration of the historical and political origins as well as of the legal framework of Germany's much critizised and, at the same time, ardently praised system of corporate governance and industrial relations. We invite our readers to contribute to this debate, which has so far found too little resonance in Germany itself. The Editors.]

Co-ordinated Continental European Market Economies Under Pressure From Globalisation: Germany's “Rhineland capitalism”

2004 ◽  
Vol 5 (8) ◽  
pp. 985-1002 ◽  
Author(s):  
Jürgen Hoffmann
Keyword(s):  
Corporate Governance ◽  
Industrial Relations ◽  
Historical Context ◽  
German Law ◽  
Supervisory Board ◽  
Legal Framework ◽  
Criminal Proceedings ◽  
University Of Georgia ◽  
Subsequent Transformation ◽  
Law And Politics

[Editors’ Note: The 22 July 2004 acquittals of all six defendants in the criminal proceedings against former Mannesmann CEO, Klaus Esser; Deutsche Bank's CEO (Vorstandssprecher) and then Member of Mannesmann's supervisory board, Josef Ackermann, and other members of Mannesmann's Supervisory Board have, once more, highlighted to German, European and International observers the particular features of law and politics in “Germany Inc.”, “Rhenish Capitalism”, or “Rhineland Capitalism”. As begun in the aftermath of Josef Ackermann's inthronization at the head of Deutsche Bank and Ackermann's subsequent transformation of the Board's control structure, German Law Journal has published several contributions to the ongoing changes in German corporate governance and its embeddedness within the specific German economic and legal system. In his fine piece, Jürgen Hoffmann, Professor of Sociology in Hamburg, surveys the current interdisciplinary debate over the future fate of so-called Rhineland Capitalism and reconstructs Germany's recent history in an international context. In the next issue, to be published on 1 September 2004, Professor Christopher Allen of the University of Georgia will further deepen this inquiry and place the contemporary debate over the possible end of Rhineland capitalism in the historical context of Germany's development in the 20th Century. The Editors of German Law Journal are very pleased and honored to be able to provide for a further forum for this important debate, bringing together lawyers, economists, political scientists and sociologists, for a much needed exploration of the historical and political origins as well as of the legal framework of Germany's much critizised and, at the same time, ardently praised system of corporate governance and industrial relations. We invite our readers to contribute to this debate, which has so far found too little resonance in Germany itself. The Editors.]

scholarly journals BASE: a sustainable path for the University of Milano-Bicocca

2018 ◽  
Vol 48 ◽  
pp. 04005
Author(s):  
Cristina Messa ◽  
Giacomo Magatti ◽  
Massimiliano Rossetti ◽  
Matteo Colleoni ◽  
Massimo Labra ◽  
...  
Keyword(s):  
Climate Change ◽  
Energy Efficiency ◽  
Food Supply ◽  
Holistic Approach ◽  
Point Of View ◽  
Waste Reduction ◽  
Sustainable Mobility ◽  
Economic Point ◽  
The University ◽  
And Training

Since its foundation, in 1998, the University of Milano-Bicocca has been pursuing the objective to make its structures sustainable from an environmental, social and economic point of view. To this end, in 2015 the University of Milano-Bicocca created BASE (Bicocca Ambiente Società Economia - Bicocca Environment Society Economy), an internal office aimed at promoting the interaction between research and training and at stimulating sustainability both within the University and outside. BASE proposes a holistic approach to sustainability including energy efficiency, waste reduction, sustainable mobility, climate change attention and water and food supply. The report will focus on the interventions recently carried out in the various fields, paying particular attention to the issues of waste management and of mobility.

Reforming German Corporate Governance: Inside a Law Making Process of a Very New Nature Interview with Professor Dr. Theodor Baums

2001 ◽  
Vol 2 (12) ◽  
Author(s):  
Theodor Baums
Keyword(s):  
Corporate Governance ◽  
Capital Market ◽  
Insurance Industry ◽  
German Law ◽  
Corporate Law ◽  
Corporate Management ◽  
Future Prospects ◽  
The Public ◽  
Depth Analysis ◽  
The University

Just over a year ago, in the Spring of 2000, a Government Commission entitled \“Corporate Governance - Unternehmensführung (corporate management) - Unternehmenskontrolle (corporate control) - Modernisierung des Aktienrechts (Modernization of corporate law) and consisting of a group of selected lawyers and business practioners from the banking and insurance industry, took up the task of engaging in an in-depth analysis of the structure and challenges of \“German corporate governance.\” The Commission\'s work has drawn to an end and its 300 page report was presented to the public on July 10, 2001. It is German Law Journal\'s privilege to provide its readers with the first-hand insights of the Chair of the Commission, Professor Theodor Baums of the University of Frankfurt\'s Institute of Banking Law. In his discussion with GLJ, Professor Baums addressed specifics of the Commission\'s Report as well as the heritage of and the future prospects for German corporate and capital market law.

scholarly journals PROBLEM ISSUES OF ECONOMIC ESSENCE DETERMINATION OF PRODUCTION SUPPLIES

2017 ◽  
pp. 224-229
Author(s):  
Olha Roieva
Keyword(s):  
Information Needs ◽  
Synthesis Method ◽  
Logic Synthesis ◽  
Legal Framework ◽  
Economic Benefits ◽  
Point Of View ◽  
Manufacturing Companies ◽  
Economic Sectors ◽  
Economic Point ◽  
Analysis And Synthesis

Introduction. The essence of inventory from the logistic and economic point of view is considered in the article. It has been established that the national scientist believe that the theoretical basis for identifying and recording of inventory does not need improvement. Changes are appropriate only in certain situations due to the specifics of the company or industry. According to the results of analysis of the regulatory and legal framework it is proposed the clarification of criteria of resources of the inventory and recognition of their assets. Purpose. The article aims to determine the nature of inventory enterprises in the fast-growing information needs of users. The method (methodology). The study has used methods of theoretical and logic synthesis, method analysis and synthesis, method of comparison and prediction. Results. The approaches to defining the essence of inventory with the aim to optimize the process of accounting and management in enterprises of different economic sectors have been proposed. Recommendations for determining categorical nature "inventory" and the concept of "economic benefits" that would allow economic grouping and operational control of inventories are worked out. Implementation of proposed criteria will deepen the theoretical and methodological basis of accounting and inventory. It will improve the efficiency of accounting and analytical system of manufacturing companies of any sector of the economy.

Rethinking Mutiny

2021 ◽  
pp. 9-57
Author(s):  
Keith Grint
Keyword(s):  
Industrial Relations ◽  
Historical Context ◽  
Legal Framework ◽  
Military Justice ◽  
Socially Constructed ◽  
The Social ◽  
Slave Ships ◽  
Uniform Code ◽  
The Difference

This chapter begins with defining mutiny and exploring its origins. It considers the nature of military relationships across time before focusing upon the British Army Act (1955) and the American Uniform Code of Military Justice. The issues of mutiny as a collective act, and the active or passive role of those involved in mutinies, are used to illustrate the intricacies of the legal framework which then flows into using cases of mutiny on slave ships to highlight the importance of the historical context. The nature of sovereign power is then used to illustrate both the coercive control over military subordinates and the fragility of that very same coercion. This leads into the way the act of mutiny is socially constructed—in other words, what counts as ‘mutiny’ is a subjective not an objective construction. The chapter concludes with two sections, the first of which lists the ‘Refrains of Mutiny’: the patterns that recur across space and time, from the social construction of mutiny to the importance of establishing who the enemy is, the role of antecedence, the default response of the authorities, the importance of scapegoating, the omnipresence of the phenomena, the role of the heroic leader, the impact of serendipity, the relational nature of leadership, and finally the role of enthralment. The final section focuses on various explanations of mutiny, using material drawn from political revolutions and industrial relations to highlight the similarities and differences between these and mutinies, and relates such disputes to the difference between agonism and antagonism.

Legal Framework of Developing Corporate Governance in Healthcare Organizations in Kazakhstan

2019 ◽  
Vol 10 (3) ◽  
pp. 890
Author(s):  
Indira Sovetovna SAKTAGANOVA ◽  
Gulmira Sovetovna SAKTAGANOVA ◽  
Sholpan Sherehanovna ORMANOVA ◽  
Elnara Ashimovna ASHIMOVA ◽  
Nurzhan SAULEN
Keyword(s):  
Corporate Governance ◽  
Supervisory Board ◽  
Legal Framework ◽  
Gradual Transition ◽  
Healthcare Organizations ◽  
Economic Management ◽  
Supervisory Boards ◽  
Private Medicine ◽  
The Republic ◽  
The Right

One of the important tasks set by the Head of State in 100 Concrete Steps to Implement Five Institutional Reforms, the Plan of the Nation, is step 81 – Development of Private Medicine, Implementation of Corporate Governancein Medical Organizations. The development of private medicine and the improvement of independence of state healthcare organizations through a gradual transition to the status of state-owned enterprises on the basis of the right of economic management with the introduction of corporate governance set new requirements to senior managers of healthcare organizations, the nature of their tasks and ways to solve them. In order to implement the project of the Ministry of Health of the Republic of Kazakhstan (RK) ‘Development of Management and Corporate Governancein Healthcare Organizations’, the transition of state medical organizations on the basis of economic management has been analyzed. The methodological and advisory support is provided to medical organizations at the regional level. The regulatory framework in the area of management and corporate governance of healthcare is developed and amended. The activities of the supervisory boards of state-owned enterprises (SE) on the basis of the right of economic management (REM) have been analyzed and estimated. The data on the current secretaries of the supervisory boards and independent members of the supervisory board have been collected. The corporate governance in subordinate organizations has been rated. The rating of corporate governance is becoming an indicator of compliance with the best practices, both in state-owned and private organizations around the world. Such estimation makes it possible to analyze not only the mechanisms of work, but also to understand the dynamics of these processes. Using the in-depth approach, this instrument helps determining the potential and considerablyimproving the efficiency of the supervisory boards and the entity, as a whole.

“Critical Legal Thought: An American-German Debate” An Introduction at the Occasion of Its Republication in the German Law Journal 25 Years Later

2011 ◽  
Vol 12 (1) ◽  
pp. 2-9 ◽  
Author(s):  
Peer Zumbansen
Keyword(s):  
Nineteenth Century ◽  
Historical Context ◽  
German Law ◽  
Critical Assessment ◽  
Law School ◽  
Legal Thought ◽  
The University

On the occasion of the republication of the “blue volume,” containing the proceedings of the 1986 “Critical Legal Thought: An American-German Debate” Conference at the University of Bremen Law School, much or little might be said as to the significance, promises or learned lessons of that event. The original conference conveners, like the editors of the ensuing volume, do much of that in the following pages. In fact, their recollection of the motivations and ideas driving the transatlantic event provides a marvelous view into the evolving mystery of legal thought, education and professionalism - on both sides of the Atlantic. The two accounts rightly embed the mid-1980s conference in a much larger historical context. Christian Joerges’ much-referenced account reaches back deep into the constituting phases of nineteenth-century German legal thought. David Trubek's essay is a thoughtful critical assessment of both the gaps and the overlaps between the German and the American legal cultures in the lead-up to and of the globalizing aftermath of the event.

scholarly journals A New Species of Eurygaster and Notes on Some Little Known Species of Turkish Pentatomidae (Hemiptera: Heteroptera)

1963 ◽  
Vol 70 (3) ◽  
pp. 144-150
Author(s):  
Niyazi Lodos
Keyword(s):  
New Species ◽  
Point Of View ◽  
Control Measures ◽  
Western Anatolia ◽  
Economic Point ◽  
Eurygaster Integriceps ◽  
Graminaceous Plants ◽  
The University ◽  
One New Species ◽  
A New Species

The species belonging to the genus Eurygaster Laporte are very important from the economic point of view in Turkey. Eurygaster integriceps Puton is one of the most harmful insects to wheat and barley, but in addition it also attacks rye, oat and other graminaceous plants. In Turkey it causes extensive damage especially in the eastern south provinces, the amount of injury caused varying from year to year and from place to place. In epidemic years the total amount of the losses in some areas can reach up to 9o% if no control measures are used. Eurygaster maura (L.) and Eurygaster austriaca (Schrk.), found especially in Western Anatolia, cause damage approaching only 20% if no control measures are used, because their egg parasites are very active in this part of the country. A good knowledge of this genus is therefore very important to Turkish entomologists and agriculturists. While working at the University of Aegea, Izmir-Turkey, I paid speciaL attention to these insects and collected many specimens whenever time was available. Amongst my material I find one new species which is described below.

scholarly journals ORGANIZATIONAL AND LEGAL PRINCIPLES OF FUNCTIONING OF UNDERSTANDING UNITS OF THE NATIONAL POLICE OF UKRAINE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
�lexander F. Kobzar ◽  
◽  
M. Romanov ◽  
Keyword(s):  
Civil Rights ◽  
Legal Framework ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Legal Principles ◽  
Criminal Offenses ◽  
Criminal Procedure Law ◽  
National Police

The article analyzes the organizational and legal basis for the implementation of the functions of the investigation units of the National Police of Ukraine. The notion of organizational and legal bases, functions and their normative-legal provision in the context of functioning of inquiry units of the National Police of Ukraine is investigated. The essence of the functions of the investigation units of the National Police of Ukraine, which is enshrined in the current legislation of Ukraine and proposed their own ways to optimize their implementation. Some positions of Ukrainian scholars are analyzed, which characterize the concept of organizational and legal principles and the essence of their functioning in the context of performing the functions assigned by law to a specific executive body � the National Police of Ukraine in general and basic, for pre-trial investigation of criminal offenses (in the text � subdivisions of inquiry). Emphasis is placed on the fact that the current regulatory and legal support in the field of functioning of inquiry units from the point of view of the organization of work of the relevant unit, partially provides them with the necessary regulatory framework. In turn, a brief description of the concept of regulatory support (standardization) in the context of the organizational foundations of the functioning of the investigation units of the National Police of Ukraine. The functions outlined in the current legislation entrusted to the investigation units of the National Police of Ukraine are studied in detail, an expanded interpretation of each function is provided and our own vision of its implementation in the context of optimizing the work of the unit is proposed, as well as the institution of human and civil rights. The conclusions formulate general and specific provisions on optimizing the work of inquiry units of the National Police of Ukraine in general, in the context of improving the quality of performance of assigned functions, and strengthening regulations on the organizational and legal framework of relevant units, in the context of optimizing their institutional capacity to respond to societal challenges. In addition, it is argued that taking measures to improve the quality of inquiry and compliance with its deadlines is a function implemented mainly by senior management of inquiry units in a way to systematically check the pre-trial investigation for each criminal offense, taking into account the workload of one investigator. Organization in accordance with the legislation of Ukraine consideration and resolution of citizens �appeals received in connection with the inquiry, which is a detailed reflection of the legislation on citizens� appeals to public authorities and acquires in this context the specific interest of applicants, as they may be participants criminal proceedings, as well as the specifics of the regime of access to the information available to the coroner because in terms of criminal procedure law, forensic tactics and techniques, not every information can be disclosed in a specific period of time. These and other theoretical positions became the foundation for further scientific developments on this topic.

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