COMPARATIVE CORPORATE LAW ESSAY

COMPARATIVE CORPORATE LAW ESSAY

1. Does the concept of Enlightened Shareholder Value succeed in bridging the gap between the Shareholder and Stakeholder Value theories?
Critically discuss the advantages, disadvantages and future perspectives of this new approach.

2. The regulatory response to the corporate scandals was diametrically different in the USA and the EU, reflecting their divergent corporate governance systems, legal culture as well as business practices.
Discuss

3. Although Cartesio follows a series of decisions that opened the door to regulatory competition in company law in the EU, it came as a surprise to a large part of the academic and business community.
Critically discuss the above statement following the development of the freedom of establishment from the early days of Daily Mail and Centros up until recently.

4. What effect has the 2007-08 financial crisis had on corporate governance with particular reference to the effectiveness of any one of the following corporate governance mechanisms?

• Director remuneration
• Independent non-executive directors
• Shareholder activism
PTO
5. “Laws differ markedly around the world, though in most places they tend to give investors a rather limited bundle of rights. In particular, countries whose legal rules originate in the common law tradition tend to protect investors considerably more than do the countries whose laws originate in the civil law, and especially the French civil law, tradition.” (LLSV, 1998)
Critically discuss this proposition, supporting your arguments with relevant cases and scholarly references.

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