Cross-border insolvency law and multinational enterprise groups: judicial Innovation as an international solution

The Article argues that courts confronting the effects of multinational enterprise insolvency must undertake a pragmatic incursion into the separate entity doctrine. This argument is premised on gaps in the current Model Law which confers significant discretion on the courts. Our research shows that courts have fashioned innovative solutions to fill the gaps and thatgreater recognition of the legitimacy of these judicial incursions into the separate entity doctrine would facilitate the reduction of transaction costs in the case of multinational group insolvencies. We identify criteriawhereby a court would be able to determine that the inherentseparateness of the corporate structure should be disregarded andthe group regarded as one.

Measuring output structures of multinational construction industries using the World Input‒Output Database

In the context of international movement towards trade liberalization, increasing technological progress, open competition and social development have impacted deeply on the construction industry in all economies. Using the World Input–Output Database (WIOD), a multinational comparison of the construction industry is estimated from 1995 to 2011 to provide accurate and valid information on the changing patterns of its output structure. The output coefficients for 37 countries and regions are formulated to allow for inter-industry comparisons and to identify the major components of construction output. Changes of output structure are then elaborated over time across countries and regions. The research findings presented in this paper would provide a framework for identifying the output structure of a nation's construction industry and its change trends at an international level, which may help policymakers and enterprises with the formulation of their future development strategies.

An introduction to CLERP 9

An Introduction to CLERP 9, as its title suggests, is aimed at providing legal practitioners and students with an overview of Australia’s corporate governance reforms, but more than that, it also analyses the events that led to the reforms and provides practical examples of how the amendments will change corporate practices.

The book begins by defining what is generally meant by good corporate governance. It then outlines the relevant recent events that led to introduction and commencement of the Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (CLERP 9) on 1 July this year. The corporate failures of Enron and HIH – and subsequent Royal Commission – in 2001, and the failure of private auditing firms to warn of their client’s problems are well summarised.

As well as the Sarbanes Oxley Act of 2002, the US equivalent to CLERP 9, the establishment of the ASX Corporate Governance Council and the release of its Principles of Good Corporate Governance and Best Practice Recommendations are examined in detail.

The book covers all the chief changes, including the new rules for audit independence, financial disclosure, whistleblowing, remuneration for directors and executives and continuous disclosure.

Throughout, the book provides a comprehensive and easy to understand commentary on how the CLERP 9 Act alters the Corporations Act 2001 and the ASIC Act 2001, as well as highlighting important changes that affect present practice. For example, the author notes that under the auditor independence rules, when an audit firm contravenes an independence requirement, liability is placed on all members and directors of the audit firm, not just the lead auditor responsible for a particular audit. This, he says, is aimed at introducing a “culture of compliance”.

As well as providing a quick reference guide to how the CLERP 9 Act amends the Corporations and ASIC Acts at the beginning of the book, the table at the end of the book comparing the corporate governance reforms in the US, UK and Australia will be very useful for practitioners trying to make sense of how multinational clients might be liable across different jurisdictions.

Grassroots energy: a case study of active citizenship and public communication in risk society

In 2001, the Victorian state government approved the construction of a 500-megawatt power station at Stonehaven by US multinational corporation, AES Power One. In 2002 plans had stalled and the company had withdrawn from the process. By March, 2002 the state government flagged that the power station was no longer required to meet power supply demands. This paper applies Beck’s theories of risk society and reflexive modernisation to a case study. It asks to what extent is Australia a risk society? Is the Stonehaven case part of a larger-scale cultural and political movement and if so what are the consequences for corporate and civil citizenship and public communication in Australia?

Global profit split: An evolutionary approach to international income allocation

International taxation is concerned mainly with the equitable allocation of cross-border income between countries in which income-earning activities take place. Such allocation has traditionally been governed by the arm’s-length principle, which has been interpreted as requiring a comparable transactional pricing approach. This approach assumes that each member of a multinational enterprise (MNE) group is a separate entity and that the transactions between related parties can be separated and compared with arm’s-length transactions. It has, however, proved difficult to apply comparable transactional pricing to internationally integrated businesses, especially those involving intangibles and services, and formulary apportionment has been suggested as an alternative. Essentially, formulary apportionment treats the MNE group as a single economic entity. The group’s profit is allocated to members according to a formula that reflects the particular member’s contribution to the production of that profit. A rich academic literature exists which either defends or attacks this alternative approach. The OECD and national governments have rejected formulary apportionment mainly on the ground that it violates the arm’s-length principle. This article proposes a global profit split (GPS) method for allocating international income. The GPS would allocate the global profit of an integrated business to each country in accordance with the economic contributions made by components of the business located in that country. The allocation would be based on a formula that would reflect the economic factors that contribute to profit making. While the GPS draws on elements of the traditional formulary apportionment and profit split methods, it also differs from them. The author discusses in detail the key issues involved in designing the GPS. She also presents and evaluates the main policy and pragmatic justifications for the adoption of this innovative approach. The author argues that the GPS is not only theoretically and practically superior to traditional income allocation methods, but also consistent with the arm’s-length principle. On the basis of historical developments, interpretation of article 9 of the OECD model tax convention, and international tax policy considerations, the author establishes that the GPS is not a radical departure from the arm’s-length principle, but rather a natural development in its evolution. She concludes that the law of evolution ison the side of reform because the GPS would provide for a fair and effective allocation of income derived from globally integrated business activities.

A Look at Corporate Code of Conduct Legislation

Over recent years, there has been a growing perception among civil society in the developed world that multinational corporations are engaged in socially and environmentally exploitative practices that they would never get away with, or even attempt, in their home countries. Whether right or wrong, that perception and its political and economic ramifications have driven a global movement for more responsible corporate behavior. As part of that global movement, three common law jurisdictions—the United States, Australia and the United Kingdom—have seen legislation introduced to enforce standards of practice for multinational corporations based in those countries in respect of their overseas activities. None of those Bills has yet passed into law, but they are worthy of analysis as attempts to transform hitherto amorphous concepts like 'corporate social responsibility' into concrete legislation. This article compares and critically analyses the three Bills, making recommendations as to how they could be improved, with particular emphasis on the need to forge stronger links between the legislative provisions and international human rights law.

Globalisation and manufacturing strategy in the TCF industry

Purpose – The textiles, clothing, and footwear (TCF) industry has struggled in Australia since the government commenced dismantling tariffs. By sourcing from Asia, middlemen undercut established suppliers, and retail chains set benchmark low prices with their imported “house” labels. The policy-makers predicted that local producers would become more efficient, and export to make up for lost sales, but the media paints a picture of rising imports, retrenchments, and factory closures. The research objective was to discover what strategies the survivors (actually) employ in adapting to the pressures of globalisation.

Design/methodology/approach – More than 30 companies were involved in the study, ranging from small family businesses to subsidiaries of big multinationals. Each case study was based on an interview with a senior executive, normally followed by a plant tour. This methodology suits a fresh topic, as it avoids preconceptions and imposes no bounds.

Findings – Results show that the policy change was based on “pie in the sky” forecasts. Increasingly, TCF production is transferred to cheap offshore locations, generally via subcontracting plus the “badging” of foreign designs. To survive, local factories should focus on quality and customer service, preferably in niche markets (like uniforms), or for specific customer groups, and develop technologically advanced products. A move down the supply chain into retailing can also assist. Large multinational corporations that engage in foreign direct investment dominate the management literature.

Originality/value – This paper presents a different perspective, neglected in international operations management, whereby domestically oriented businesses attempt to defend themselves against the adverse consequences of globalisation.

The federal solution to ethnic conflicts

Conflicts over ethnic homeland rule, the right to territorial autonomy, and even nation-statehood have been played out in Asia, where it has been debated whether federalism is the best system to reduce or contain ethnic conflicts. The international community has questioned whether the multinational federalism of Spain and Canada offers a successful model for Asia.

Knowledge transfer in enterprise information technology support using web-based self-service systems

This paper explores Critical Success Factors (CSFs) in the transfer
of after-sales support-oriented knowledge from Information Technology (IT)
support organisations to enterprise customers, using Web-based self-service Systems (WSS). As it appears that best-in-class companies are ahead of the academic work in this area, we approached the topic through an exploratory CSF study of a best-in-class multinational IT services firm and identified 26 CSFs. Key findings from the study indicate that best-in-class IT service organisations may be cognisant of a range of factors relating to supporting customers, but are less aware of what is needed to support their own frontline support agents. Such organisations also lack an understanding of what is needed to provide enterprise support in the later stages of knowledge transfer, where enterprise customers can experience problems attempting to integrate resolutions. The study further showed that many aspects that might be characterised as encompassing socio-technical issues relating to the provision of web-based self-service are still poorly understood.

Remembrance of things past? Change, development and paternalism

As part of a retrospective study of effects of organizational change on interpersonal relations, this paper discusses change talk among Australian employees of an American multinational manufacturing enterprise. Interviewees tended to feel pushed into change, discussing its effects in terms of the difficulties of adolescence and earlier experiences of sudden independence. Over time, what had been a simple and firm us and them division in intergroup relations between management and unions/workers had become more fluid and subtle, and perhaps more mature. Interview data are interpreted and then re-interpreted in terms of theories of team development, nostalgia, and paternalism. It is argued that each interpretation makes differing, but complementary, assumptions about the nature of time. If developmental, progressive assumptions of organizational change are relaxed, further attention can be given to theorizing and researching subtleties in talk of the past.

Career orientations of marketing employees : an empirical analysis

There is a distinct gap in research in marketing in relation to understanding the role of marketing employees in organisational marketing performance, in contrast to the usual focus on identifying the contribution of successfully completing marketing tasks in the pursuit of organisational marketing objectives. The major exception to this has been research related to sales personnel, as a subset of all marketing personnel, but even this has usually been from a sales management perspective and not principally from the viewpoint of individual employees. The current study explored the career orientations of marketing employees in relation to the demographic profile and other work-related characteristics of marketing employees. Operationalised by Schein's (1990) Career Orientations Inventory, the 'internal career' of 78 marketing employees at the Australian headquarters of a major multinational manufacturing firm was examined. Sample means indicated that 'Lifestyle', 'Technical Functionality', and 'Pure Challenge' were the dominant career orientations, but a 'General Managerial' orientation also emerged as important, when individual 'Career Anchors' were examined. An 'Entrepreneurial' anchor was found to be the least dominant of the eight anchors measured, which may be seen as somewhat surprising for Marketing employees. Significant relationships were found between some demographic variables and the dominant career orientations, but overall, career orientation tended to be unrelated to the demographic variables. Future research will examine the relationships between employee career orientation and individual position, and marketing productivity.

Are we speaking the same language? Corporate perceptions of human rights responsibilities

Over the last several years, notions of corporate social responsibility and corporate responsibility for human rights have developed on several fronts, including under international human rights law, through voluntary initiatives and in the discourse and the reporting of the corporations themselves. But are all protagonists on all these fronts speaking the same language? Are these developments truly improving the realisation of human rights?
As one aspect of its three year Australian Research Council project examining the legal human rights responsibilities of multinational corporations, the Castan Centre for Human Rights Law set out to discover the perceptions that multinational corporations have of their own human rights responsibilities, the types of activities undertaken by corporations to fulfill those responsibilities and the appropriate extent, if any, of the imposition of legally binding human rights obligations on corporations.
While not setting out the formal findings of that empirical study, this paper reports on some interesting discoveries as to how corporations see their place in the human rights debate. It notes a divergence among corporations' views of the nature of human rights responsibility - whether an obligation or a benevolence - as well as its content. In considering whether corporations ought to have legally binding human rights obligations, a surprising number of corporations replied in the affirmative, citing reasons such as certainty in dealing with suppliers and instituting a level playing field against rogue operators.
However,  perhaps the most important finding is the different understandings of human rights as they relate to a corporation's operations. Agreement on potential reforms would be meaningless if they were not employed towards a commonly understood end. After examining the various responses of the corporations and the evidence they cited to support their contentions, the paper concludes that the various protagonists of human rights responsibility for corporations may be using the same words, but they are not yet speaking the same language.

Developing international perspectives and prospects for architecture students

The architecture community is both challenged and rewarded by a multitude of dynamic phenomena related to professional practice of architecture in the 21 st century, not least of which are globalisation and intemationalisation. The implications for architectural education are profound and confronting, in terms of providing a relevant platform for graduates prepared for a professional climate tempered by the impacts of these phenomena, and for a sustainable professional future. Architecture
students, who pursue the challenge of working either in an office overseas or a local multinational office for professional experience and self-development, enrich the offices and the projects and open up wider opportunities for future prospects for themselves. This paper presents an initial evaluation of two educational initiatives developed and implemented at Deakin University. School of Architecture and Building, which respond to current tertiary education objectives for internationalisation in relation to increasing international experiences for students. developing international perspectives and increasing prospects for their future. The outcome of the paper is to identify common learning experiences of students which correspond to the aims of the programs and to review them against selected education and strategic policies on internationalisation. The paper also discusses how these learning experiences translate into desirable graduate attributes that might help secure the success of the profession in a global arena.

Interpersonal trust and control behaviour of Chinese managers

Interpersonal trust is believed to influence the management and control of organisations in China. China's importance as a host country for foreign direct investments (FDIs) through multinational company subsidiaries (MNCs) and international joint ventures (IJVs) is growing rapidly. MNCs and INs located in China often employ local Chinese managers to control their subsidiaries or ventures. This makes it essential for designers of management control systems to have an understanding of the interpersonal trust-sensitive control behaviour of Chinese managers. One of the important aspects of control behaviour is how managers control their subordinates.

This paper examines the relationship between Chinese managers' trust in subordinates and their (Chinese managers') control behaviour towards the subordinates. On the basis of a questionnaire survey of a cohort of managers from Beijing, the study explores the effects of trust on the use of social controls, formal controls, and monitoring.

The findings of this study indicate that a manager's high (low) trust in a subordinate is associated with a low (high) level of monitoring, a high (high) level of social control and a high (low) level of perceived performance. The hypothesis that a superior's high (low) level of trust is associated with a low (high) level of reliance on formal controls was not supported. These findings, while indicative of control behaviour of Chinese managers in particular, also add to the growing academic literature on trust and control in general. In a practical sense, an
understanding of the trust-sensitive control behaviour of Chinese managers is particularly useful in designing and implementing effective control systems for international organisations operating in China.

Toward successful knowledge transfer in web-based self-service for information technology services

Web-based self-service has emerged as an important strategy for providing pre- and post-sales customer support. Yet, there is a dearth of theoretical or empirical research concerning the organisational, customer-oriented, knowledge-based, and employee-oriented factors that enable web-based self-service systems (WSS) to be successful in a competitive global marketplace. In this paper, we describe and discuss findings from the first phase of a multi-method research study designed to address this literature gap. This study explores critical success factors (CSFs) involved in the transfer of support-oriented knowledge from an information technology (IT) services firm to commercial customers when WSS are employed. Empirical data collected in a CSF study of a large multinational IT services business are used to identify twenty-six critical success factors. The findings indicate that best-in-class IT service providers are aware of a range of critical success factors in the transfer to commercial customers of resolutions and other support-oriented knowledge via WSS. However, such firms remain less certain about what is needed to support customer companies after support-oriented knowledge has initially been transferred to the customer firm.