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Publication Mechanisms of Accountability and Governance: Audit, Assurance, and Internal Control(Edward Elgar Publishing, 2023-09-12) Trombetta, Marco; Carrera, Nieves; https://ror.org/02jjdwm75We adopt a historical perspective to understand the current landscape of accountability and governance mechanisms. In adopting assurance as the umbrella concept for audit and internal control, we explore how the notion of accountability ("accountability for what") and the beneficiaries of corporate accountability ("accountability to whom") have changed over time, leading to the re-definition of "old" mechanisms of accountability and governance and the development of new mechanisms ("accountability through"). We then provide an overview of recent studies examining how these mechanisms contribute to accountability and governance. We show that the recent trend of combining traditional financial reporting with other reporting activities in an integrated report is questioning the traditional boundaries among the three mechanisms, challenging the attempts to compartmentalize them ("combined assurance"). The chapter concludes by proposing a taxonomy as a tool to help conceptually organize the recent debates on assurance, audit, and internal control practices.Publication Exploring three sets of issues(Taylor & Francis Group, 2023-05-11) Delerue, François; Cristiano, Fabio; Broeders, Dennis; Douzet, Frédérick; Géry, Aude; https://ror.org/02jjdwm75Over the past three decades, cyberspace developed into a crucial frontier and issue of international conflict. However, scholarly work on the relationship between AI and conflict in cyberspace has been produced along somewhat rigid disciplinary boundaries and an even more rigid sociotechnical divide – wherein technical and social scholarship are seldomly brought into a conversation. This is the first volume to address these themes through a comprehensive and cross-disciplinary approach. With the intent of exploring the question ‘what is at stake with the use of automation in international conflict in cyberspace through AI?’, the chapters in the volume focus on three broad themes, namely: (1) technical and operational, (2) strategic and geopolitical and (3) normative and legal. These also constitute the three parts in which the chapters of this volume are organised, although these thematic sections should not be considered as an analytical or a disciplinary demarcation.Publication Contribuciones del Análisis Económico del Derecho de Sociedades(Tirant lo blanch, 2018) Marcos, Francisco; https://ror.org/02jjdwm75El propósito de este artículo es dar cuenta de las principales aportaciones que el análisis económico del Derecho (AED) ha hecho en el estudio e investigación del Derecho de sociedades en España. Seguramente, el principal aporte ha consistido en enfatizar el carácter contractual de las sociedades de capital, pero también ha proporcionado herramientas y perspectivas distintas para resolver los tradicionales problemas y típicos conflictos societarios.Publication Consumer protection in the metaverse(Edward Elgar Publishing, 2024-08-23) Elizalde, Francisco de; European Union’s Erasmus+; https://ror.org/02jjdwm75This Research Handbook analyses the role of law in a universe fractured by new disruptive technologies such as metaverse platforms. Contributing authors explore how the law will adapt as new dimensions of the metaverse are introduced to issues such as intellectual property rights, e-commerce, NFTs and cryptocurrencies, data privacy, contract law, as well as human rights, consumer law and criminal law. The abuse and manipulation of users is studied in several contributions.Publication Governance Through Ownership and Sustainable Corporate Governance(Oxford Research Encyclopedias, 2022-03-23) Goergen, Marc; https://ror.org/02jjdwm75Sustainable corporate governance has been defined as corporate governance that ensures corporations are run in such a way that they are sustainable over the long term. Note that for corporations to be sustainable in the long run, they need to ensure the preservation, as well as possibly the enhancement, of their ecosystem. This not only includes establishing and maintaining good relations with their shareholders and stakeholders but also preserving their environment. Here, the term environment should be understood as taking on a broader meaning. Indeed, corporations preserving their environment should not be reduced to mere environmentalism but they should also operate in harmony with the broader economic and social system. Put differently, sustainable corporate governance should also ensure that corporations are run in such a way to avoid future crises, such as the Great Recession. This would require a move away from business models that focus on short-term shareholder value while endangering the survival of the corporation over the long term. Whereas much of the existing literature suggests that corporations should merely maximize shareholder value and that a stakeholder approach will result in vague and often contradictory objectives for the management, long-term shareholder value creation is nevertheless compatible with the corporation looking after the interests of its immediate, as well as possibly more remote, stakeholders. Ultimately, sustainable business practices will not only benefit the corporation’s employees, customers, and the broader society but also its owners. The key question that arises is whether there is a link between various types of owners and sustainable corporate governance. A number of related questions emerge. What different types of owners are there and how influential are they in putting their stamp on how their investee firms are managed? Attempting to answer these questions requires revisiting the premise of the principal-agent theory that owners are typically disinterested from engaging with their investee firms. The main critique of this premise is that, even within the Anglo-Saxon corporate governance system, firms tend to have block holders, and there exist activist shareholders. Further, since the 1980s there has been an emergence - as well as an increase in the prevalence - of activist shareholders. Are some types of owners or shareholders more likely to enhance and maintain sustainability than others? A review of extant evidence on the effects of various types of shareholders on long-term financial and non-financial goals suggests the following. While some types of owners are found to promote and support sustainable corporate governance, the effect of other types is less clear or even negative. This difference in effects could be due to three reasons. First, context, including the national setting, is important. Second, some types of investors, such as sovereign wealth funds, show great diversity in their characteristics and objectives. Finally, the goalposts are shifting with an increasing number of investors embracing corporate social responsibility and environmental, social, and governance issues. Importantly, given the increasingly visible consequences of global warming and societal unrest caused by a worsening of wealth inequality, the transition to a more sustainable society should not merely be the responsibility of corporate owners. Others, including corporate executives and business schools, are key to achieving this transition.Publication Private Equity and Employment(2012-01-01) Goergen, Marc; O’Sullivan, Noel; Wood, Geoffrey; Springer International Publishing; https://ror.org/02jjdwm75Private equity houses are normally structured in the form of private partnerships, with the silent partners, typically institutional investors and the odd wealthy individuals providing the financing, while the general partners choose the firms to be acquired. The general managers charge a fixed management fee for their efforts and they also receive a percentage of the profits – confusingly called carried interest – when the private equity house exits an investee firm. Investee firms are typically acquired through debt finance with a fairly minor share of the financing being in the form of equity (Brealey et al. 2022). Private equity acquisitions – or for that matter, even for the growing number of firms where private equity merely takes a minority stake – may have quite profound effects not only on financial performance but also on the long-term sustainability of the firm, and indeed, on a wide range of stakeholders, most notably employees (Goergen 2022)....Publication The United Kingdom(Cambridge University Press, 2023-06) Goergen, Marc; https://ror.org/02jjdwm75The product of a long-standing collaboration and recent collective research effort by members of the CGEUI network, The European Corporation makes an important contribution to the ongoing debate over convergence to the Anglo-Saxon model of corporate governance and persistence in corporate governance and law in Europe. This book fills the gap in the debate, and literature's lack of country-specific evidence on the evolution of ownership and control which has proven to be a serious impediment to both legal and economic analysis and evidence-based policymaking. It provides systematic and comparable accounts of ownership and control structure change (respectively persistence) in large firms across Europe over the decades following the 'global corporate governance revolution' in the 1990s. Focusing on countries in Europe's four main regions, this volume presents and discusses the net effects of the interplay between the 'global corporate governance revolution' and of its main countervailing forces in Europe.Publication Análisis de la litigiosidad administrativa y contenciosoadministrativa en materia de responsabilidad patrimonial(Centro de Investigación de Justicia Administrativa, 2021-10-28) Pastor Merchante, Fernando; Díez Sastre, Silvia; Esteban Miguel, Alfonso; González Alonso, Alicia; Marco Peñas, Ester; Martín Delgado, Isaac; Martínez Sánchez, César; Pastor Merchante, Fernando; https://ror.org/02jjdwm75-Publication The Perfect Politician(Oxford University Press, 2024-07) Lechterman, Theodore; David Edmonds; https://ror.org/02jjdwm75Ideas for integrating AI into politics are now emerging and advancing at accelerating pace. This chapter highlights a few different varieties and shows how they reflect different assumptions about the value of democracy. We cannot make informed decisions about which, if any, proposals to pursue without further reflection on what makes democracy valuable and how current conditions fail to fully realize it. Recent advances in political philosophy provide some guidance but leave important questions open. If AI advances to a state where it can secure superior political outcomes, leading perspectives in political philosophy suggest that democracy may become obsolete. If we find this suggestion troubling, we need to put the case for democracy on stronger foundations.Publication The Concept of Accountability in AI Ethics and Governance(Oxford University Press, 2022-12-22) Lechterman, Theodore; https://ror.org/02jjdwm75Calls to hold artificial intelligence to account are intensifying. Activists and researchers alike warn of an “accountability gap” or even a “crisis of accountability” in AI. Meanwhile, several prominent scholars maintain that accountability holds the key to governing AI. But usage of the term varies widely in discussions of AI ethics and governance. This chapter begins by disambiguating some different senses and dimensions of accountability, distinguishing it from neighboring concepts, and identifying sources of confusion. It proceeds to explore the idea that AI operates within an accountability gap arising from technical features of AI as well as the social context in which it is deployed. The chapter also evaluates various proposals for closing this gap. I conclude that the role of accountability in AI ethics and governance is vital but also more limited than some suggest. Accountability’s primary job description is to verify compliance with substantive normative principles—once those principles are settled. Theories of accountability cannot ultimately tell us what substantive standards to account for, especially when norms are contested or still emerging. Nonetheless, formal mechanisms of accountability provide a way of diagnosing and discouraging egregious wrongdoing even in the absence of normative agreement. Providing accounts can also be an important first step toward the development of more comprehensive regulatory standards for AI.Publication Social Media and Strategic Leadership(Edward Elgar Publishing, 2024-05-14) Kyprianou, Christina; https://ror.org/02jjdwm75This chapter discusses both the benefits and risks of social media for strategic leaders, and develops a framework of leader social media engagement through a strategic lens. It first identifies key individual, organizational, and environmental attributes influencing the goals leaders may pursue through social media. It subsequently considers the impact of these goals on five social media engagement choices, and theorizes the impact of these choices on cognitive, affective, and relational strategic processes. The resulting framework aims to inspire future research at the intersection of social media and strategic leadership, as well as equip practitioners with a deeper understanding of the potential drivers and outcomes of their social media activity.Publication That the Earth Belongs in Usufruct to the Living: Intergenerational Philantropy and the Problem od Dead-Hand Control(Rowman & Littlefield, 2023-03) Lechterman, Theodore; https://ror.org/02jjdwm75Intergenerational transfers are a core feature of the practice of private philanthropy. A substantial portion of the resources committed to charitable causes comes from transfers (either during life or at death) that continue to pay out after death. Indeed, much of the power of the charitable foundation lies in its ability to extend the life of an enterprise beyond the mortal existence of its initiating agents. Despite their prevalence, whether and in what way the instruments of intergenerational philanthropy can be justified is controversial. Many have argued that these instruments unfairly privilege the interests of the dead at the expense of the living and unborn. More recently, others have argued that intergenerational charitable transfers comport with the demands of distributive justice and are therefore legitimate. This paper contends that both of these perspectives fail to see the problem for what it is. Intergenerational charitable transfers may indeed promote justice in certain respects, but they do so at the cost of imposing the judgments of the dead onto the living. Respecting the wishes of the past conflicts with an interest in “generational sovereignty.” The paper concludes that properly accounting for this interest in generational sovereignty doesn’t require the abolition of intergenerational philanthropy. But it does tell in favor of a different regulatory orientation than most legal systems currently adopt.Publication Pero...¿Qué queremos decir cuando decimos teoría?(2018) Vela Castillo, José; Iniciativa Digital Politécnica RU Books; https://ror.org/02jjdwm75Los Textos de Arquitectura, Docencia e Innovación dan testimonio de las “Jornadas sobre Innovación Docente en Arquitectura” (JIDA) y vehiculan reflexiones diversas sobre la docencia de la disciplina. Son un marco de debate dirigido tanto a docentes y estudiantes, como a profesionales e interesados en la idiosincrasia de la formación del arquitecto. La colección pretende ensanchar puntos de vista y ampliar el conocimiento de la Arquitectura a través de la descripción y el análisis de prácticas docentes actuales y pasadas. consecuentemente, se reúnen experiencias pedagógicas que ofrecen un pequeño panorama actual de la enseñanza de la Arquitectura tanto a nivel nacional como internacional.Publication Reacción de las autoridades de competencia españolas frente a restricciones injustificadas de la libre competencia(Editorial Aranzadi, S.A., 2018-08-01) Marcos, Francisco; https://ror.org/02jjdwm75Este trabajo examina la reacción de las autoridades de competencia españolas frente a las barreras y restricciones públicas injustificadas a la libre competencia. Esta actuación complementa las actuaciones preventivas que realizan en ejercicio de la función de promoción y abogacía de la competencia que tienen encomendada. La actuación reactiva se verifica una vez la regulación o actuación administrativa se ha materializado y es de carácter impugnatorio. Este mecanismo de intervención ex post se ha visto reforzado en diciembre de 2013 con el reconocimiento a la Comisión Nacional de los Mercados y de la Competencia de potestades adicionales de impugnación de actuaciones y normas en la Ley de Garantía de la Unidad de Mercado.Publication Actividad De Promoción Y Fomento(2024-09-02) Pastor Merchante, Fernando; https://ror.org/02jjdwm75-Publication Tell Me Your Story and I Will Tell Your Sales: A Topic Model Analysis of Narrative Style and Firm Performance on Etsy(2020-11-09) Cutolo, Donato; Ferriani, Simone; Cattani, Gino; https://ror.org/02jjdwm75Strategy scholars have widely recognized the central role that narratives play in the construction of organizational identities. Moreover, storytelling is an important strategic asset that firms can leverage to inspire employees, excite investors and engage customers’ attention. This chapter illustrates how advancements in computational linguistic may offer opportunities to analyze the stylistic elements that make a story more convincing. Specifically, we use a topic model to examine how narrative conventionality influences the performance of 78,758 craftsmen selling their handmade items in the digital marketplace of Etsy. Our findings provide empirical evidence that effective narratives display enough conventional features to align with audience expectations, yet preserve some uniqueness to pique audience interest. By elucidating our approach, we hope to stimulate further research at the interface of style, language and strategy.Publication Conclusion: Universality, dignity, and the five great elements(Edward Elgard, 2023-05-18) Aksenova, Marina; Gantheret, Fiana; Guibert, Nolwenn; Stolk, Sofia; https://ror.org/02jjdwm75The concluding chapter builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. The fields of aesthetics and human rights strive towards universality that transcends identities. Our ability to appreciate beauty is universal even if individual tastes differ with respect to the specific artistic object. Human rights discourse embraces universality in the form of human dignity - an irreducible core uniting all people and rendering them worthy of rights and duties simply by virtue of existing. The second part of the chapter draws on Indian philosophy in exploring the idea of universality through the five great elements - earth, water, fire, air, and space. Each element corresponds to a set of principles governing all of life, including solidity, fluidity, and transformation. Each chapter in this volume is then brought under this classification based on intuitive insight.Publication Non-Criminal Justice Fact-Work in the Age of Accountability(Torkel Opsahl Academic EPublisher (TOAEP), 2020-07-27) Aksenova, Marina; Bergsmo, Morten; Stahn, Carsten; https://ror.org/02jjdwm75-Publication Arms Trade and Weapons Export Control: The Case of the European Arms Supplies to the Saudi/UAE-led coalition in the Context of the War in Yemen(Taylor & Francis, 2021) Aksenova, Marina; https://ror.org/02jjdwm75International arms sales are a thriving business giving rise to a host of legal concerns for both the supplying and the recipient countries. How much due diligence is a ‘sending’ state required to engage in before weapons are sold? Does state authorization effectively obviate the existence of fault in corporate officials supplying arms later to be used in the commission of war crimes? Finally, to what extent will the new Arms Trade Treaty change state practice? This contribution briefly examines some of the above-mentioned concerns with reference to the recent submission by the European Centre for Constitutional and Human Rights (ECCHR) to the International Criminal Court in which the ECCHR advocates for the opening of preliminary examinations into the conduct of several European companies supplying arms to the Saudi/UAE-led coalition in the context of the war in Yemen.Publication Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia(Oxford Academic, 2020-06-11) Aksenova, Marina; Stahn, Carsten; Agius, Carmel; Brammertz, Serge; Rohan, Colleen; https://ror.org/02jjdwm75The chapter argues that, at the creation of International Criminal Tribunal for the former Yugoslavia (ICTY), conditions were ripe for establishing this kind of forum. The ICTY was instituted with one overarching aim: condemnation of evil deemed universal. The language of the UN Security Council resolutions demonstrates an intensifying concern over offences committed in the Balkan war. The overarching purpose of the tribunal was symbolic—to uphold the value of human dignity through the ritual of criminal prosecutions in the light of the inability of local actors to prevent further escalation of atrocities. The chapter relies on two theoretical frameworks to support its claim: the theory of discourse analysis developed by Michel Foucault, projecting the ICTY’s power outwards focusing on the content of its input, and an anthropological exploration of the symbolic nature of rituals by Maurice Bloch, identifying the structure within which this content is generated.