Conflict of Interest in Global, Public and Corporate Governance

Cover
Anne Peters, Lukas Handschin
Cambridge University Press, 29.11.2012 - 470 Seiten
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.
 

Inhalt

Conflict of interest as a crosscutting problem of governance
3
Conflict of interest from the perspective of the sociology of organised action
39
Empirical research on conflict of interest a critical look
54
Global governance
61
Conflict of interest of international civil servants
63
How to start thinking about conflict of interest in global governance?
85
Conflict of interest in international investment arbitration
103
Conflict of interest in universal human rights bodies
125
Private vices public benefits? Small town bureaucratisation in Namibia
217
Conflict of interest of heads of state the example of Madagascar
233
Corporate and financial governance and the professions
253
Conflict of interest compliance and its contribution to corporate governance in the financial services sector
255
Conflict of interest and the furore over banker compensation
272
Conflict of interest related to management and board payments profitbased remuneration systems make things worse
288
Taking conflict of interest in corporate law seriously direct and indirect rules addressing the agency problem
308
Conflict of interest at the bedside surrogate decisionmaking at the end of life
334

Public governance
143
Conflict of interest and administrative law
145
Conflict of interest and the administration of public affairs a Swiss perspective
159
A dilemma in the separation of powers public servants as legislators
177
Politicians as judges? Conflict of interest in Swiss Parliament during decisions on the validity of popular initiatives
198
Conclusion
355
Managing conflict of interest lessons from multiple disciplines and settings
357
Bibliography
422
Index
453
Urheberrecht

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Autoren-Profil (2012)

Anne Peters is Professor of Public International Law and Dean of Research of the Law Faculty at the University of Basel and the vice-president of the board of the Basel Institute on Governance. She is also a member of the Council of Europe's Commission for Democracy through Law (Venice Commission) in respect of Germany and she currently serves as the president of the European Society of International Law. Lukas Handschin is Professor of Commercial, Company and Accounting Law at the University of Basel and an attorney at law in a Zurich law firm. He is also a member of the board of the Basel Institute on Governance and of the board of the Swiss Association for Sports Law.

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