Introduction to the Seminar The debate on corporate governance is a central concern in Company Law. It tackles the issue of how management is to be controlled and held to account and raises questions about the role and input of various stakeholders in the company and the use of markets, litigation or company structures to achieve this.
The topic is broad and our discussion is likely to deal with only certain areas. However, I have provided comprehensive reading divided according to the overview below.
The Seminar addresses three areas:
1. An Introduction or "Overview" of the Issues
2. An Examination of approaches and techniques for tackling the issue:
(a) by "Internal Governance"
(b) by "External" Pressures
In each case I have recommended some literature on the various solutions and some material on the nature of the legal rules involved in each case.
3. Broad International Comparisons of Techniques for Dealing with These Issues.
The reading and suggested discussion topics are divided according to this scheme in the rest of this sheet.
Everyone should read as much as they can and spread their attention across the different sections of the handout. Smaller groups in each seminar will look at various aspects of the topic and feed their insights into the larger Seminar Group. The better informed you all are the better the discussion will be. However, I know how busy you are, so at least do the “overview” reading - especially Wheeler and then select other areas.