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This chapter focuses on the policy considerations weighing against shareholders’ claims for reflective loss, which are generally put forward in domestic corporate law regimes to justify the no-reflective loss principle. These policy considerations are analyzed in the context of international investment law and arbitration. In particular, this chapter successively critically assesses the potential floodgates of the courts and the disincentive to settle which shareholders’ claims for reflective loss can create, as well as treaty and forum shopping, which such claims can lead to. This chapter concludes that these concerns are sometimes exaggerated and not always justified in the context of international investment law, but, more importantly, that they can be cured.
This Element deals with the know-how and show-how to accomplish high velocity business operations. The basis of these operations is real-time data and low latency processing. Relevant applications are pervasive due to the emerging technologies of IoT, 5G, AI and data analytics. This Element explores theories and methods of configuring, formulating and implementing high velocity business operations with properly designed and developed platforms and processes. Current mobile transformation is enabling the unwiring of businesses, de-territorializing them, and creating more opportunities for these operations. High velocity business processes increase throughput and efficiency, offering first-mover advantage. They also provide location-independence due to use of mobile platforms and devices (smartphones, tablets and wearables). This Element present mobility as a critical attribute of high velocity business operations, taking advantage of world-wide resources and expertise with well-designed mobile platforms and their data.
Previous research has debated whether guanxi persists or declines with the development of formal institutions. This study addresses this debate by investigating how the development of formal institutions in China's state-owned organizations influences employees’ guanxi behavior. Building on institutional logics theory, I propose that guanxi behavior is a reaction to the socialist institutions adopted by state-owned enterprises (SOEs) and is associated with the collective identity of SOEs. Thus, employees’ identification with SOEs is the mechanism that influences their guanxi behavior. A survey of 721 employees from 12 organizations compared guanxi behavior across three types of organizations with different degrees of state ownership: SOEs, public firms, and joint ventures. The results showed that the employees of joint ventures identify less with SOEs and engage in less guanxi behaviors than do SOE employees. The employees of public firms still identify with SOEs, and their guanxi behavior did not differ from that of SOE employees. Identification with SOEs mediated the effect of organizational type on guanxi behavior, whereas formalization did not. Therefore, the development of formal institutions does not necessarily decrease guanxi behavior, and its effect depends on whether the collective identity underlying guanxi is changed. This study has important implications for guanxi research, institutional logics theory, and transition economies.
We investigate how informal social networks can assist multinational firms in their internationalization strategy. We propose a refinement of the Uppsala internalization model (Johanson & Vahne, 2009) grounded in network theory, by developing an intermediate position between an ‘insider’ and an ‘outsider’ for conditions when the transformation of an outsider into an insider is limited by institutional constraints. An intermediary position represents one of the sides of ‘patron-client’ informal networks (Denoeux, 1993) whereby the other side is represented by the ‘insider’. We argue that this setup would help mitigate the Liability of Outsidership (Johanson & Vahne, 2009), a replacement of the Liability of Foreignness (Hymer, 1976; Zaheer, 1995), in the modern networked business world. We contextualize our proposition for the case of Iran, a large rising West-Asian economy with known institutional limitations, and suggest that the informal network of local merchants (bazaaries) could play an important intermediary role in Multinational Enterprises (MNEs) internationalization process. We review the history of bazaaries and make a series of propositions exemplifying possible ways informal networks could influence the internationalization process. In addition to re-affirming the importance of the MNE country of origin (emerging markets, and low psychic distance with Iran), we propose that an intermediary of the Iranian bazaaries will have a positive impact on performance and survival of the MNE's subsidiary in Iran, especially in the case of incongruence of MNE's leadership with Shi'a Islam. Additionally, we suggest that employing the Iranian diaspora may also improve subsidiary performance and survival.
In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
In 2015, the Old Fadama slum of Accra, Ghana was a government 'no-go zone' due to the generally lawless environment. Participatory action researchers (PAR) began working with three stakeholders to resolve complex challenges facing the community and city. In three years, they created a PAR cross-sector collaboration intervention incorporating data from 300 research participants working on sanitation. In 2018–2019, the stakeholders addressed the next priorities: community violence, solid waste, and a health clinic. The PAR intervention was replicated, supporting kayayei (women head porters) in Old Fadama, the Madina slum of Accra and four rural communities in northern Ghana. The process expanded, involving 2,400 stakeholders and an additional 2,048 beneficiaries. Cross-sector collaboration worked where other, more traditional development interventions did not. This PAR intervention provides developing-country governments with a solution for complex challenges: a low-cost, locally-designed tool that dramatically improved participation and resulted in projects that impact the public good. This title is available as Open Access on Cambridge Core.
Women are still underrepresented as public-sector organizational leaders, despite comprising half of the United States public-sector workforce. To explore the factors driving gender imbalance, this Element employs a problem-driven approach to examine gender imbalance in local government management. We use multiple methods, inductive and deductive research, and different theoretical frames for exploring why so few women are city or county managers. Our interviews, resume analysis and secondary data analysis suggesting that women in local government management face a complex puzzle of gendered experiences, career paths and appointment circumstances that lend insights into gender imbalanced leadership in this domain.
A year ago, in Jam v International Finance Corporation, fishing and farming families from rural India achieved a historic US Supreme Court victory over one of the world’s largest financial institutions. The Supreme Court decided that the World Bank Group, and similar international organizations, do not automatically enjoy ‘absolute’ immunity from suit, but instead can be sued under the same circumstances as foreign governments can be sued in United States (US) courts – including suits based on their commercial activities in the US.
This article examines the relationship between international commercial banks and military regimes in South America. The focus is on how military regimes in the Southern Cone of Latin America and Brazil in the 1970s became heavily dependent on foreign capital provided by international banks based in Britain and France. It makes use of previously unavailable archival evidence to examine the interactions between international banks and South American governments, showing how these interactions intensified once military rule was established. It shows that international capital was used for a wide variety of purposes, including arms imports. When global banks cut loans once the debt crisis erupted in 1982, they aggravated the economic crisis but also fostered democratic change.
How households shift spending across firms in response to income fluctuations is an important source of firm risk. Using transaction-level data, we study how households interact with the universe of retailers following income changes. We find that income increases within and across households result in substitution toward retailers in a category that are higher quality; smaller; more profitable; and have higher labor intensity, research and development (R&D) intensity, and equity betas. Although not all shifts are economically large, they do not average out across retailers. Thus, retailer choice has implications for key financial and macroeconomic outcomes, such as aggregate profitability and labor demand.
We develop a method for defining groups of peer firms on the basis of joint analyst coverage. Besides industry boundaries, analysts’ coverage choices reflect other aspects of firm relatedness such as business model. We find that the analyst-based method produces substantially more homogeneous groups of firms compared to common industry classifications, and has a number of other desirable properties. The paper has two broader implications. First, it demonstrates the advantages of a self-organizing approach to classification, as opposed to a hierarchical system. Second, it illustrates a new positive information production externality generated by the institution of security market analysis.
We examine the role of macroeconomic uncertainty in the cross section of corporate bonds and find a significant uncertainty premium for both investment-grade (IG) (0.40% per month) and non-investment-grade (NIG) (0.81% per month) bonds. The economic-uncertainty premium declines as we progressively remove downgraded bonds, indicating that the premium represents an increase in required returns for bonds with higher credit and macroeconomic risk. The economic-uncertainty premia vary across equities and bonds in a manner consistent with the heterogeneous risk-aversion levels of dominant players in equities (retail investors) versus bonds (institutional investors).
This article explores the efforts of Dallas businessmen, especially the leadership of Texas Instruments (TI), to build a science and research sector to facilitate new types of capital accumulation for Dallas and North Texas in the 1960s. The creation of the Graduate Center of the Southwest (GRCSW), and its subsequent transformation into the public University of Texas at Dallas in 1969, offers new perspectives on science and research, urban growth strategies, and the relationship between business and government in the postwar Sunbelt. TI leaders envisioned the center as a way to become more competitive in the microelectronics industry and also to direct urban growth and, ultimately, create a city and region that better reflected the private, growth-oriented interests of the Dallas business community. However, when the center began to falter economically in the mid-1960s, TI leaders sought out the state to take it over and transform it into a science and technology graduate school branch of the University of Texas system (UT). The exchange, although mutually beneficial, demonstrates how powerful businesses coopted the resources of the state to further their own ends.
This paper provides a Consent Justification for benefit–cost analysis (BCA). The Consent Justification is based on a tendency toward actual compensation. A substantial justification for using BCA as a tool is the actual Pareto test, called the Consent Justification, in combination with the net present value criterion for individual projects. The traditional justification, the potential compensation test (PCT), is unsatisfactory on several grounds. In addition, the PCT occupies the uneasy position of being the source of extended criticisms in the economic literature and especially in the legal and philosophy literature. The argument for the Consent Justification lies not only in the deficiencies of the PCT, but also, especially, in a showing through simulation that all tend to gain across a portfolio of projects which is not large but rather robust with respect to errors and assumptions.
On the basis of a rich panel data set of large- and medium-sized Chinese manufacturing enterprises, we observe that different types of firms (i.e., state-owned enterprises [SOEs], foreign-funded ownership [FFO] of firms, Hong Kong-Macau-Taiwanese [HMT] companies and privately-owned firms) exploit different stages of the innovation – productivity chain depending on the extent of market concentration. By applying a modified CDM model, this study reveals that SOEs tend to be more active in making innovative decisions and pursuing innovative investments but are less efficient in terms of innovation output and labour productivity, whereas FFO firms have relatively high labour productivity but are less active in the first three stages of the innovation – productivity chain. Market competition favours SOEs in the production of additional innovation products. Foreign firms are efficient in labour productivity if they are operating in a concentrated market. By using the metaphor of DNA, this study explains the heterogeneity among these different forms of ownership and generates several managerial implications.