On the one hand, it can be argued that the increasing economic and political interdependence of countries has led to the convergence of national legal systems. On the other hand, advocates of the counterhypothesis maintain that this development is both unrealistic and unnecessary. Mathias Siems examines the company law of the UK, the USA, Germany, France, Japan and China to see how this issue affects shareholder law. The author subsequently analyses economic and political factors which may or may not lead to convergence, and assesses the extent of this development. Convergence of Shareholder Law not only provides a thorough comparative legal analysis but also shows how company law interconnects with political forces and economic development and helps in evaluating whether harmonisation and shareholder protection should be enhanced.
• Includes a description of the company law in six major jurisdictions in one accessible source • Explains the political and economic context of shareholder protection, allowing reader to understand how company law interconnects with political forces and economic development, in particular in the context of 'globalisation' • Typological approach to shareholder protection provides deeper understanding than the mere compilation of legal rules
Introduction; Part I. The Object and Course of the Investigation: 1. Dimensions of convergence in shareholder law; Part II. The Status Quo of Convergence: 2. Legal bases; 3. Bases for a shareholder typology; 4. The 'Shareholder as Such'; 5. The shareholder in the power structure of the company; 6. Conclusions of Part II; Part III. Developmental Trends and Patterns: 7. Bases; 8. Convergence through congruence; 9. Convergence through pressure; 10. Future convergences in shareholder law; 11. Conclusions of Part III; Part IV. Conclusion: 12. Convergence as a model for the future; 13. Summary of principal findings.
Review of the hardback: '[Siems] makes a valuation contribution to scholarship and illustrates the extent to which convergence is occurring. He persuasively demonstrates the difficulties with widely used descriptive dichotomies (e.g. shareholder versus stakeholder) and reveals the underlying complexities and richness of shareholder law (broadly construed) within his chosen jurisdictions. Indeed, his analysis provides a powerful lens through which to explore the significance of recent developments. … His book is destined to become an important reference point for corporate governance scholars in many academic disciplines.' Legal Studies
Review of the hardback: 'The author has set himself a momentous task by analysing six jurisdictions in the light of the convergence debate and he has completed this task admirably. … The book is a must read for every academic in the field.' Modern Law Review
Review of the hardback: 'Siems' book makes an important contribution to the ongoing debate on convergence in corporate governance systems across the world. … close attention to detail … keen awareness … The reasoning is clear and systematic and the arguments carefully balanced … There is much to commend here both to the corporate and the comparative lawyer.' Edinburgh Law Review