Abstract:Finally, we look at some of the tools available to address the issue of climate change in the present World Power System. We must find the way to reengineer multinational enterprises in a way that they address climate change issues in their day-to-day operations. A flawed agency theory has led to improper firm governance, the maximization of shareholder short-term interests leading to a massive production of negative externalities. We need to move to true cost accounting by integrating into the accounts of rep… Show more
“…A third concern in this theme issue is the importance of legal treatments as a form of infrastructure, not only within singular jurisdictions but also transnationally. It is well established that law underpins the ‘codes of capital’ (Pistor 2019) and that transnational financial management is supported by laws that allow firms to create elaborate corporate structures to protect themselves (Robé 2020). Legal treatments are linked both to financial institutions and to social networks that underpin a dominant interpretation of what is permissible.…”
Section: Transnational Legal Managementmentioning
confidence: 99%
“…Financial arbitrage based on legal provisioning is a crucial element in the article from Palan, Petersen and Phillips (2021). Drawing inspiration from Jean-Philippe Robé's work (2011, 2020), Palan and co-authors explore how firms, abetted by networks of accounting and law experts, have re-engineered their corporate structures to create ‘opportunity spaces’ in accommodative offshore sites, in which they realize and control a significant proportion of group profits. Using a process of equity mapping based on firm-level data, the article isolates particular types of corporate entities that use legal provisions to act as ‘standalones’, ‘inbetweeners’ and ‘fuses’ within the corporate network.…”
Section: Transnational Legal Managementmentioning
confidence: 99%
“…Social networks stabilize how actors in the market read one another, as well as create enduring relations and power asymmetries which shape markets. International legal structures provide avenues for arbitrage, ambiguity and absences (Grasten et al 2021), as well as the design of corporate structures to protect the interests – not of stakeholders – but the social unit of the firm (Robé 2020; Palan et al 2021). Below we extend this discussion of financial institutions, social networks and legal management as infrastructures that help us to understand the changes and continuities in the spatial organization of finance.…”
The spatial arrangements of global finance have changed significantly over the last 30 years, entangling new actors, relations and sites. Infrastructures have developed to stabilize change and complexity. The collection advocates for a broader understanding of infrastructures that includes – but moves beyond – supporting technologies of Bloomberg terminals, telephony, and high-speed cabling. In particular, it highlights other infrastructural forms: financial institutions which govern and steer market action, social networks which organize financial practices and reproduce status-based power asymmetries and legal treatments which work across jurisdictions to open up opportunities for actors to innovate or avoid costs. This theme issue highlights how these different infrastructural forms support both changes and continuities in the global financial system and thus contributes to the literature on financialization, global financial networks and global wealth chains.
“…A third concern in this theme issue is the importance of legal treatments as a form of infrastructure, not only within singular jurisdictions but also transnationally. It is well established that law underpins the ‘codes of capital’ (Pistor 2019) and that transnational financial management is supported by laws that allow firms to create elaborate corporate structures to protect themselves (Robé 2020). Legal treatments are linked both to financial institutions and to social networks that underpin a dominant interpretation of what is permissible.…”
Section: Transnational Legal Managementmentioning
confidence: 99%
“…Financial arbitrage based on legal provisioning is a crucial element in the article from Palan, Petersen and Phillips (2021). Drawing inspiration from Jean-Philippe Robé's work (2011, 2020), Palan and co-authors explore how firms, abetted by networks of accounting and law experts, have re-engineered their corporate structures to create ‘opportunity spaces’ in accommodative offshore sites, in which they realize and control a significant proportion of group profits. Using a process of equity mapping based on firm-level data, the article isolates particular types of corporate entities that use legal provisions to act as ‘standalones’, ‘inbetweeners’ and ‘fuses’ within the corporate network.…”
Section: Transnational Legal Managementmentioning
confidence: 99%
“…Social networks stabilize how actors in the market read one another, as well as create enduring relations and power asymmetries which shape markets. International legal structures provide avenues for arbitrage, ambiguity and absences (Grasten et al 2021), as well as the design of corporate structures to protect the interests – not of stakeholders – but the social unit of the firm (Robé 2020; Palan et al 2021). Below we extend this discussion of financial institutions, social networks and legal management as infrastructures that help us to understand the changes and continuities in the spatial organization of finance.…”
The spatial arrangements of global finance have changed significantly over the last 30 years, entangling new actors, relations and sites. Infrastructures have developed to stabilize change and complexity. The collection advocates for a broader understanding of infrastructures that includes – but moves beyond – supporting technologies of Bloomberg terminals, telephony, and high-speed cabling. In particular, it highlights other infrastructural forms: financial institutions which govern and steer market action, social networks which organize financial practices and reproduce status-based power asymmetries and legal treatments which work across jurisdictions to open up opportunities for actors to innovate or avoid costs. This theme issue highlights how these different infrastructural forms support both changes and continuities in the global financial system and thus contributes to the literature on financialization, global financial networks and global wealth chains.
“…Much of the recent research seems to validate this assumption (Alstadsæter et al, 2018; Clark et al, 2015; Clausing, 2016; Cobham and Janský, 2018; Dowd et al, 2017; Garcia-Bernardo et al, 2017; Gordon, 2016; Gumpert et al, 2016; Hines and Rice, 1994; Kaye, 2014; Phillips et al, 2017; Zucman, 2015). OFCs are considered niche players in the global economy, exploiting their size and the right to write laws in their developmental strategies (Roberts, 1995). However, despite how small and insignificant they may appear individually, they have encouraged a phenomenal rise in international tax competition and downward pressure on tax rates (Andersson and Forslid, 2003; Bretschger and Hettich, 2002; Engel, 2000; Keen and Konrad, 2013; Mendoza and Tesar, 2005).…”
Section: Ofcs Corporate Tax Planning and Jurisdictional Arbitragementioning
confidence: 99%
“…Why would non-resident clientele seek far-flung financial services, often located in jurisdictions they have little to do with? The literature has tended to assume that the primary attraction of OFCs is low taxation facilitating tax avoidance (Fichtner, 2016; Gumpert et al, 2016; Hines and Rice, 1994; Palan, 2002; Roberts, 1995; TJN, 2019). This might be correct up to a point, but OFCs play other important, albeit neglected, roles in corporate organizations (Boise and Morriss, 2009; Sigler et al, 2020; Zoromé, 2007).…”
In this article, we discuss the way offshore financial centres are used by the multi-subsidiary, multi-jurisdictional group structure known as the ‘multinational enterprise’ to arbitrage between social geographies of political jurisdictions. We define arbitrage as the use of corporate legal entities located in diverse jurisdictions to arbitrate a third country's rules and regulations. Using a new method to categorize firm-level data from Van Dijk’s Orbis, we operationalize the notion of arbitrage to systematically detail and compare the structural sequencing choices firms are making, likely in part for reasons of arbitrage. We base our techniques on legal theory of the firm, acknowledging the underpinning of social technologies of law and accounting by which business enterprises are constructed and maintained. We conclude that two specific types of entities, ‘standalones’ versus ‘in-betweeners’, are qualitatively different from others in the activities they perform. We also highlight the existence of liability structures, or ‘fuses’, which typically take the form of a split ownership arrangement. Ultimately, we demonstrate that the position of a firm’s subsidiary within the overall network ecology of that firm is as important as its jurisdictional registration location.
Today's ecological crises are entwined with inequality dynamics, yet prevailing techno-economic approaches in climate research and policy fall short in addressing the ecological crisis as distributional crisis. Recognising the limitations of techno-economism, focused on markets (price adjustments) and technology (efficiency gains), this contribution introduces sufficiency corridors as a concept, research field, and policy approach. Sufficiency corridors represent the space between a floor of meeting needs and a ceiling of ungeneralisable excess, i.e. within the sufficiency corridor everyone has enough (to satisfy needs) while no one has too much (to endanger planetary boundaries and need satisfaction). Establishing such corridors entails a process over time that continuously narrows the gap between floors and ceilings, lifting the former and pushing down the latter by strengthening forms of consumption and production that contribute to need satisfaction while shrinking those that do not. The article discusses the profound implications of this approach for how societal reality is reproduced and/or changed, highlighting the need for decisions that eliminate options between and within sectors and in the realms of consumption and production. After addressing questions of decision-making and the potential to realise corridors, the contribution concludes that the growing scientific consensus to complement techno-economic approaches with sufficiency measures remains inadequate. Instead, the possibility of a transformation by design hinges on embedding techno-economism within and subordinating it to a sufficiency framework.
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