scholarly journals Company law of the twenty-first century

2021 ◽  
Vol 3 (1) ◽  
pp. 51-91
Author(s):  
Mirko Vasiljević

Company law, although contractual by its nature, unlike the contract law with low depreciation rate of legal institutes and, in principle, longevity, still has a high depreciation rate and, as a rule, the short duration of its institutes. The reasons for this lie in the fact that the contract law went through "teething troubles" in the previous two centuries, which were marked by major codifications of contract law, as opposed to the company law which is a newer branch of law which was affected by such troubles to a greater extent only in the second half of the twentieth century and it will thus mark to a great extent this, twenty-first century as well. In this paper, the author seeks to predict the main directions of such development of company law in the current (twenty-first) century. It is the understanding of the author that such directions are to be marked by: further strengthening of the institutionality of the company as a legal entity and profiling of legal institutes for protection of this interest and, on that basis, strengthening the so-called system of company social responsability, not only as a policy and moral imperative, but also as a legal category; strenghtening the role of the state regulatory framework in relation to the self-regulatory one with the affirmation of economic freedoms; competition of national regulations and harmonization which is based on that; strengthening civil law institutes in relation to common law institutes in the field of continental law as appropriate to the legal tradition and culture; whithin civil law the takeover of "pure" legal institutes of the Roman or German legal tradition, where they differ, but not mixing them and thus "deteriorating" their nature; seeking the new balance in the relationship between majority capital and minority capital, which prevents the abuse of the majority and the abuse of the minority and which promotes and protects the "interest of a company" as a legal entity; finally, further promoting the principle of arbitrability of intercompany disputes so that the private law will in the choice of the forum for resolving these disputes would be more dominant (prevail) in relation to the public law one.

2015 ◽  
Vol 3 (2) ◽  
pp. 104
Author(s):  
Salami Issa Afegbua

Public service accounts for a substantial share of a country’s economic activity. It is designed as an agent of fruitful change and development in the state. The transformation of any society or system depends on the effectiveness and efficiency of its civil service. The article examines the nature of professionalization and innovation in Nigerian public service. It argues that professionalization in the public service is an overarching value that determines how its activities will be carried out. The article note that various attempts have been made in Nigeria to professionalised and encourage innovation in the public service, but these have not bring about the expected changes in the public service. It therefore advocates for professionalization and innovations as panacea to the ills of public service in Nigeria. The article concludes that no public service can meet the challenges of the twenty first century without a stronger commitment to the professionalization of its workforce.


2013 ◽  
Vol 87 (4) ◽  
pp. 679-701 ◽  
Author(s):  
James Taylor

Many commentators believe that the business press “missed”thestory of the twenty-first century—the 2008 economic crisis. Condemned for being too close to the firms they were supposed to be holding to account, journalists failed in their duties to the public. Recent historical studies of business journalism present a similarly pessimistic picture. By contrast, this article stresses the importance of the press as a key intermediary of reputation in the nineteenth-century marketplace. In England, reporters played an instrumental role in opening up companies' general meetings to the public gaze and in warning investors of fraudulent businesses. This regulation by reputation was at least as important as company law in making the City of London a relatively safe place to do business by the start of the twentieth century.


2009 ◽  
Vol 10 (6-7) ◽  
pp. 1047-1087 ◽  
Author(s):  
Adam M. Dodek

This article analyzes the transformation in the scholarship of legal ethics that has occurred in Canada over the last decade, and maps out an agenda for future research. The author attributes the recent growth of Canadian legal ethics as an academic discipline to a number of interacting factors: a response to external pressures, initiatives within the legal profession, changes in Canadian legal education, and the emergence of a new cadre of legal ethics scholars. This article chronicles the public history of legal ethics in Canada over the last decade and analyzes the first and second wave of scholarship in the area. It integrates these developments within broader changes in legal education that set the stage for the continued expansion of Canadian legal ethics in the twenty-first century.


2011 ◽  
Vol 366 (1579) ◽  
pp. 2756-2758 ◽  
Author(s):  
Rino Rappuoli

In the twentieth century, vaccination has been possibly the greatest revolution in health. Together with hygiene and antibiotics, vaccination led to the elimination of many childhood infectious diseases and contributed to the increase in disability-free life expectancy that in Western societies rose from 50 to 78–85 years (Crimmins, E. M. & Finch, C. E. 2006 Proc. Natl Acad. Sci. USA 103, 498–503; Kirkwood, T. B. 2008 Nat. Med 10, 1177–1185). In the twenty-first century, vaccination will be expected to eliminate the remaining childhood infectious diseases, such as meningococcal meningitis, respiratory syncytial virus, group A streptococcus, and will address the health challenges of this century such as those associated with ageing, antibiotic resistance, emerging infectious diseases and poverty. However, for this to happen, we need to increase the public trust in vaccination so that vaccines can be perceived as the best insurance against most diseases across all ages.


2015 ◽  
Vol 11 (2) ◽  
Author(s):  
Ross Garnaut

Frank Holmes was a New Zealand leader of what my recent book, Dog Days: Australia after the Boom, calls the independent centre of the polity. He saw great value in careful and transparent analysis of the public interest, separate from any vested or partisan political interest. The success of public policy in any democracy in these troubled times depends on the strength of a strong independent centre.


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