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Article: Does One Size Fit All? Transplanting English Takeover Law into China

TitleDoes One Size Fit All? Transplanting English Takeover Law into China
Authors
Issue Date2005
PublisherJ A I Press Inc. The Journal's web site is located at http://www.elsevier.com/wps/find/bookdescription.cws_home/BS_APIA/description#description
Citation
Advances In Public Interest Accounting, 2005, v. 11, p. 41-70 How to Cite?
AbstractCorporate governance has attracted enormous attention both in the area of law and in the area of financial economics. In comparative corporate governance studies, many people have devoted their energy to find a best corporate governance model. I argue that a functional analysis does not support the view that there is a single best corporate governance model in the world. I further use the transplantation of an English style takeover law into China to show that the importation of foreign law is not always based on careful analysis whether the imported foreign law is the best in the world. Furthermore, I use the subsequent adjustment of the transplanted English takeover law in China to show that the imported foreign law is subject to local political and economic conditions. If there is no best corporate govern model and the transplantation of foreign law into other countries with different social and political background does not achieve similar objectives, the search for a best corporate governance model is misguided. Just as tort law or constitutional law regimes may have diversified models, so do corporate governance regimes in countries with different historical, social and political backgrounds. © 2005 Elsevier Ltd. All rights reserved.
Persistent Identifierhttp://hdl.handle.net/10722/155980
ISSN
2015 SCImago Journal Rankings: 0.216

 

DC FieldValueLanguage
dc.contributor.authorYu, Gen_US
dc.date.accessioned2012-08-08T08:39:19Z-
dc.date.available2012-08-08T08:39:19Z-
dc.date.issued2005en_US
dc.identifier.citationAdvances In Public Interest Accounting, 2005, v. 11, p. 41-70en_US
dc.identifier.issn1041-7060en_US
dc.identifier.urihttp://hdl.handle.net/10722/155980-
dc.description.abstractCorporate governance has attracted enormous attention both in the area of law and in the area of financial economics. In comparative corporate governance studies, many people have devoted their energy to find a best corporate governance model. I argue that a functional analysis does not support the view that there is a single best corporate governance model in the world. I further use the transplantation of an English style takeover law into China to show that the importation of foreign law is not always based on careful analysis whether the imported foreign law is the best in the world. Furthermore, I use the subsequent adjustment of the transplanted English takeover law in China to show that the imported foreign law is subject to local political and economic conditions. If there is no best corporate govern model and the transplantation of foreign law into other countries with different social and political background does not achieve similar objectives, the search for a best corporate governance model is misguided. Just as tort law or constitutional law regimes may have diversified models, so do corporate governance regimes in countries with different historical, social and political backgrounds. © 2005 Elsevier Ltd. All rights reserved.en_US
dc.languageengen_US
dc.publisherJ A I Press Inc. The Journal's web site is located at http://www.elsevier.com/wps/find/bookdescription.cws_home/BS_APIA/description#descriptionen_US
dc.relation.ispartofAdvances in Public Interest Accountingen_US
dc.titleDoes One Size Fit All? Transplanting English Takeover Law into Chinaen_US
dc.typeArticleen_US
dc.identifier.emailYu, G:ghyu@hkucc.hku.hken_US
dc.identifier.authorityYu, G=rp01276en_US
dc.description.naturelink_to_subscribed_fulltexten_US
dc.identifier.doi10.1016/S1041-7060(05)11003-7en_US
dc.identifier.scopuseid_2-s2.0-33645889359en_US
dc.identifier.volume11en_US
dc.identifier.spage41en_US
dc.identifier.epage70en_US
dc.publisher.placeUnited Statesen_US
dc.identifier.scopusauthoridYu, G=13003121400en_US

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