Use and Abuse of Power in Changes of Corporate Control: Transfer Schemes and Shareholders' Voting Practices in Uncharted Waters
In: The Bristol Law Research Paper Series, ISSN 2515-897X, Paper #007 2018
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In: The Bristol Law Research Paper Series, ISSN 2515-897X, Paper #007 2018
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Working paper
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Working paper
In: Chapter 9 in B. Sjåfjell, G. Tsagas and C. Villiers (eds), Sustainable Value Creation in the EU: Towards Pathways to a Sustainable Future through Crises (Cambridge University Press, forthcoming 2022)
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In: Accounting, Economics, and Law: AEL ; a convivium, Band 10, Heft 2
ISSN: 2152-2820
Abstract
Calls are repeatedly made on corporations to respond to the challenges facing the planet from a sustainable development perspective and governments take solace in the idea that corporations' transparency on their corporate activity in relation to sustainability through voluntary reporting is adequately addressing the problem. In practice, however, reporting is failing to deliver truly sustainable results. The article considers the following questions: how does the varied reporting landscape in the field of non-financial reporting impede the objectives of fostering corporations' sustainable practices and which initiative, among the options available, may best meet the sustainability objectives after a decluttering of the landscape takes place?
The article argues that the varied corporate reporting landscape constitutes a key obstacle to fostering sustainable corporate behaviour, insofar as the flexible and please all approach followed in the context of corporate sustainability reporting offers little to no real incentive to companies to behave more sustainably and ultimately pleases none in the long run. The case made is that "less is more" in non-financial reporting initiatives and hence the article calls for a revision of key aspects of the European Non-Financial Reporting Directive, which, as is argued, is more likely to achieve the furtherance of sustainable corporate behaviour. Although the different reporting requirements offer the benefits of focussing on different corporate goals and activities, targeting different audiences and allowing for a level of flexibility that respects the individual risks to sustainability associated with each industry, the end result is a landscape that lacks overall consistency and comparability of measurements and accountabilities, making accountability more, rather than less, difficult to achieve.
The article acknowledges the existence of several variances relating to the notion of sustainability per se, which continues to remain a contested concept and variances between companies and industries in relation to how each is operating sustainably or unsustainably respectively. Such variances have so far inhibited the legislator from easily outlining through tailored legislation the individual risks to global sustainability in an all-encompassing manner. The end product is a chaotic system of financial reporting, CSR reporting, non-financial reporting and integrated reporting and little progress to increase comparability and credibility in order for companies to be held accountable and to behave in ways that do not harm the planet. A "clean up" of the varied initiatives in the terrain of non-financial reporting is recommended.
In: Forthcoming issue of Accounting Economics and Law journal.
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"Revealing the profound influence of the Middle Ages on mid-twentieth-century thought and the influence of these intellectual endeavours on present-day politics, art, and history, this interdisciplinary collection reveals a surprising undercurrent in the work of a diverse group of thinkers and traces their ongoing legacy in intellectual history"--
In: Chapter 1 in B. Sjåfjell, G. Tsagas and C. Villiers (eds), Sustainable Value Creation in the EU: Towards Pathways to a Sustainable Future through Crises (Cambridge University Press, forthcoming 2022)
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In: Chapter 12 in B. Sjåfjell, G. Tsagas and C. Villiers (eds), Sustainable Value Creation in the EU: Towards Pathways to a Sustainable Future through Crises (Cambridge University Press, forthcoming 2022)
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In: Accounting, Economics, and Law: AEL ; a convivium, Band 10, Heft 2
ISSN: 2152-2820
AbstractThe article introduces the thematic issue ofAccounting, Economics, and Law: A Conviviumdedicated to the regulation of non-financial reporting. It provides the reader with an overview of the varying approaches and frameworks that have emerged over time in relation to the reporting of non-financial information. In particular, the article focuses on the European Non-Financial Reporting Directive. We maintain that to date this latter initiative has failed to deliver on its intended objectives. In the context of the ongoing revision process of this initiative, the present paper outlines five key areas to be improved drawing on the lessons learnt from the past as well as from key points raised by the papers in the present thematic issue. What emerges from this collective effort is a renewed agenda that highlights some of the structural failures of the current reporting regime and a blueprint for future reforms. The final section summarises the various contributions of articles included in this thematic issue.