An interdisciplinary and international study addressing conflict of interest in different spheres and at different levels of governance.

Conflict of interest occurs at all levels of governance, ranging from local to global, both in the public and the corporate and financial spheres. There is increasing awareness that conflicts of interest may distort decision-making processes and generate inappropriate outcomes, thereby undermining the functioning of public institutions and markets. However, the current worldwide trend towards regulation, which seeks to forestall, prevent and manage conflicts of interest, has its price. Drawbacks may include the stifling of decision-making processes, the loss of expertise among decision-makers and a vicious circle of distrust. This interdisciplinary and international book addresses specific situations of conflict of interest in different spheres of governance, particularly in global, public and corporate governance.

Conflict of interest occurs at all levels of governance, ranging from local to global, both in the public and the corporate and financial spheres. There is increasing awareness that conflicts of interest may distort decision-making processes and generate inappropriate outcomes, thereby undermining the functioning of public institutions and markets. However, the current worldwide trend towards regulation, which seeks to forestall, prevent and manage conflicts of interest, has its price. Drawbacks may include the stifling of decision-making processes, the loss of expertise among decision-makers and a vicious circle of distrust. This interdisciplinary and international book addresses specific situations of conflict of interest in different spheres of governance, particularly in global, public and corporate governance.

This volume collects and combines research on regional integration projects beyond Europe and in the Global South across a wide range of policy issues. Given the plurality and diversity of regional organisations, there is a growing need to systematically analyse, assess, and explain the performance of regionalism. Acknowledging the considerable differences in settings, institutional design, and politico-economic environment of regional organisations, the expert contributors move beyond EU-centric notions to offer a profound overview and propose new dimensions of innovative performance research. Systematic and in-depth research from Eurasia, Asia, Africa, and Latin America on organisations such as the Eurasian Economic Union, South Asian Association for Regional Cooperation, Indian Ocean Commission, Shanghai Cooperation Organisation, African Union, and the Organisation of American States, enables us to identify the conditions and determinants that shape performance across regions, actors, policy areas, and settings. The book provides readily accessible, important, and novel information to students and scholars of political science, international relations, EU and European studies, peace and conflict studies, comparative regionalism, interregional and inter-organizational studies, and area studies, and persons interested in specific policy fields such as trade, security, or development policy.

Recent large-scale corporate collapses, such as Lehman Brothers, Enron, Worldcom, and Parmalat, highlight the implosion of traditional models of fraud prevention. By focusing on risk factors at the micro level, they have failed to take into account the broader context in which external auditors operate as well as the crucial importance of such factors as corruption, organizational culture, corporate social responsibility, ethical values, governance, ineffective regulation, and a lack of transparency. Corporate Fraud and Corruption engages readers by showing how evidence-based, multi-level micro and macro analysis of fraud risk and protective factors inform effective fraud prevention, in turn minimizing financial catastrophes. Krambia-Kapardis focuses on her own empirical research into the aetiology of fraud to showcase a holistic approach to fraud prevention. This book also features major case studies from the United States, the United Kingdom, and Australia.

In a market environment where economic actors conduct themselves as diligent and conscientious managers, the regulation of related party transactions (RPTs) would be largely irrelevant. Unfortunately, the corporate reality is far from an ideal world that is innocent of market abuse and corporate fraud. It remains necessary to protect minority shareholders from the wrongdoings of majority shareholders and to protect all shareholders from opportunistic managerial behaviour. This timely book – the first on the subject since implementation of the European Union’s (EU’s) revised Shareholders’ Rights Directive – provides in-depth analysis of how and to what extent RPTs are covered by existing legal requirements on capital protection and corporate group regulation, highlighting experiences and strategies adopted in Germany, Poland, and the Netherlands as examples for Eastern European countries and in particular Ukraine. Beyond his comparative analysis of the current status, the author offers recommendations for more effective handling of RPTs, investigating such aspects as the following: what constitutes a corporate group and how group issues are regulated in the various legal systems; what constitutes a conflict of interest originating in ownership and control and what types of such conflicts occur; whether RPTs within corporate groups should receive special treatment relative to transactions outside groups; combatting corporate raiding, most often carried out through illegal seizure of corporate assets; approval and disclosure requirements for RPTs; and how information about RPTs is disclosed publicly. Drawing on resources including legislation, case law, scholarship, and intensive discussions with practicing lawyers from several jurisdictions, the author underscores the imperative of establishing limitations and requirements that oblige a company’s officers, shareholders, and other potential related parties to follow certain rules whenever they wish to enter into an RPT. As a contribution to the debate about the convergence between EU corporate law and that of major eastern European states, the book has no peers. Practitioners in both East and West who advise on compliance with regulations for RPTs or represent stakeholders’ interests against abusive RPTs will ensure appropriate remedies and protection mechanisms for their clients.

This book discusses current theories and practices in the field of public procurement. Over the past few decades, public procurement has had to evolve conceptually and organizationally in the face of unrelenting budget constraints, government downsizing, public demand for increased transparency in public procurement, as well as greater concerns about efficiency, fairness and equity. Procurement professionals have also had to deal with a changeable climate produced by emerging technology, environmental concerns, and tension between complex regional trade agreements and national socioeconomic goals. This volume presents sixteen case studies focusing on the themes of public procurement as a policy tool and performance-based public procurement. The first section discusses public procurement as a policy tool and the challenges involved in balancing the competing interests of market forces, legal requirements, political pressures, and environmental concerns. The second section discusses performance-based public procurement, highlighting the frameworks used to assess procurement systems, the gaps between policy and practice, and strategies for bridging those gaps. The final section of the book discusses current issues in procurement, such as the Trans-Pacific Partnership, risk mitigation, and procurement as a profession. By combining theory and analysis with evidence from the real world, this book is of equal use to academics, policy makers, and procurement professionals.

Effective corporate governance, or the set of controls and incentives that drive top management, originates both outside and inside the firm and assures investors who hope to commit their capital. Essential when buying stocks in one's own country, effective corporate governance is even more important abroad, where information can be less reliable and investor influence (or protection) more limited. In this collection of articles from the Journal of Applied Corporate Finance, more than thirty leading scholars and practitioners discuss the possibilities and limitations of global corporate finance and governance systems, whether in Europe and North America or in the emerging markets of Israel, India, Korea, and South Africa. Essays discuss the political roots of American corporate finance; the structural and financial variations between international corporations; control premiums and the effectiveness of corporate governance systems; debt, folklore, and cross-country differences in financial structures; the driving forces behind the East Asian Financial Crisis of 1997; corporate ownership and control in India, Germany, France, and the United Kingdom; financial and economic lessons of Italy's privatization program; changes in Korean corporate governance; sovereign wealth funds; and the new organization of Canadian business trusts. A special roundtable discussion addresses shareholder activism in the U.K.