The Elusive Quest for Global Governance Standards

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The Elusive Quest for Global Governance Standards

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dc.contributor.author Hamdani, Assaf
dc.contributor.author Bebchuk, Lucian
dc.date.accessioned 2009-05-06T14:19:11Z
dc.date.issued 2009
dc.identifier.citation Lucian A. Bebchuk & Assaf Hamdani, The Elusive Quest for Global Governance Standards, 157 U. PA. L. Rev. (forthcoming 2009). en
dc.identifier.issn 0041-9907 en
dc.identifier.uri http://nrs.harvard.edu/urn-3:HUL.InstRepos:2895190
dc.description.abstract Researchers and shareholder advisers have devoted much attention to developing metrics for assessing the governance of public companies around the world. These important and influential efforts, we argue, suffer from a basic shortcoming. The impact of many key governance arrangements depends considerably on companies' ownership structure: measures that protect outside investors in a company without a controlling shareholder are often irrelevant or even harmful when it comes to investor protection in companies with a controlling shareholder, and vice versa. Consequently, governance metrics that purport to apply to companies regardless of ownership structure are bound to miss the mark with respect to one or both types of firms. In particular, we show that the influential metrics used extensively by scholars and shareholder advisers to assess governance arrangements around the world - the Corporate Governance Quotient (CGQ), the Anti-Director Rights Index, and the Anti-Self-Dealing Index - are inadequate for this purpose. We argue that, going forward, the quest for global governance standards should be replaced by an effort to develop and implement separate methodologies for assessing governance in companies with and without a controlling shareholder. We also identify the key features that these separate methodologies should include, and discuss how to apply such methodologies in either country-level or firm-level comparisons. Our analysis has wide-ranging implications for corporate-governance research and practice. en
dc.language.iso en_US en
dc.relation.hasversion http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1374331# en
dash.license META_ONLY
dc.title The Elusive Quest for Global Governance Standards en
dc.relation.journal University of Pennsylvania Law Review en
dash.depositing.author Bebchuk, Lucian
dash.embargo.until 10000-01-01

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