Comparative Corporate Governance in Asia (LAWS90301)

The corporation is a key institution in the global economy. How corporations are owned, controlled and governed, however, vary across jurisdictions.

Our subject explores the problems corporate governance must solve, and the different solutions proposed by contemporary corporate governance theory. In particular, we investigates the different strategies Asian jurisdictions take to maximise efficient and responsible corporate governance practices.

Comparative corporate governance scholarship is dominated by case studies drawn from the Anglo-American experience. Yet Asia — the fastest growing economic region in the world — offers important contributions to this literature. With diverse legal traditions, market systems and institutional histories, Asia does not constitute an archetypical “model” of corporate governance. Students will explore how this diversity complicates longstanding positions in comparative corporate governance theory.

Intended learning outcomes

On completion of this subject, students should be able to:

• Apply theoretical concepts and models to compare and evaluate different corporate governance regulatory systems in Asia and the rest of the world;
• Identify the corporate governance failures that led to high-profile corporate collapses and economic crises in Asia, and propose solutions that companies and regulators should adopt to ensure against their recurrence;
• Advise multinational companies seeking to engage in foreign direct investment in Asia (whether by way of a Greenfield investment, Mergers & Acquisitions arrangement, or joint venture project) on the practical corporate governance issues involved;
• Conduct research into new and emerging comparative corporate governance controversies to test existing corporate governance theories or generate new theoretical understandings.

Generic skills

• Acquiring an advanced and integrated understanding of comparative corporate governance theory and practice as well as of Asian legal systems;
• Critically analysing and diagnosing corporate governance successes and failures in Asia and the rest of the world;
• Researching Asian corporate experience and applying that to test and revise longstanding theoretical disputes in the comparative corporate governance scholarship; and
• Developing practical Asia-literate lawyering skills to assist clients identify the challenges of engaging in foreign direct investment in the Asian corporate environment.