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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Conflict of Interest in Global, Public and Corporate Governance

Edited by: Anne Peters, Lukas Handschin

ISBN13: 9781107029323
Published: November 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £89.99

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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.

Company Law, Public International Law
Part I.
General: 1. Conflict of interest as a cross-cutting problem of governance Anne Peters
2. Conflict of interest from the perspective of the sociology of organised action Erhard Friedberg
3. Empirical research on conflict of interest: a critical look Michael Davis

Part II. Global Governance:
4. Conflict of interest of international civil servants Auguste Nganga Malonga
5. How to start thinking about conflict of interest in global governance? Rene Uruena
6. Conflict of interest in international investment arbitration August Reinisch and Christina Knahr
7. Conflict of interest in universal human rights bodies Michal Davala

Part III. Public Governance:
8. Conflict of interest and administrative law Jean-Bernard Auby
9. Conflict of interest and the administration of public affairs - a local perspective Benjamin Schindler
10. A dilemma in the separation of powers: public servants as legislators Thomas Braendle and Alois Stutzer
11. Politicians as judges? Conflict of interest in Swiss parliament during decisions on the validity of popular initiatives Anna Christmann
12. Private vices, public benefits? Small-town bureaucratization in Namibia Gregor Dobler
13. Conflict of interest of heads of state: the example of Madagascar Jan Christoph Richter

Part IV. Corporate and Financial Governance and the Professions:
14. Conflict of interest: compliance and its contribution to corporate governance in the financial services sector Monika Roth
15. Conflict of interest and the furore over banker compensation Andrew Stark
16. Conflict of interest related to management and board payments - profit-based remuneration systems make things worse Lukas Handschin
17. Taking conflict of interest in corporate law seriously - direct and indirect rules addressing the agency problem Rashid Bahar and Antoine Morand
18. Conflict of interest at the bedside: surrogate decision making at the end of life Susan P. Shapiro

Part V. Conclusion:
19. Managing conflict of interest: lessons from multiple disciplines and settings Anne Peters.