Emerald Group Publishing Limited
Copyright © 2008, Emerald Group Publishing Limited
Article Type: Editorial From: International Journal of Law and Management, Volume 50, Issue 4.
The changing nature of the commercial world of market developments and broader social considerations is reflected in the contributions to this issue.
Drs Petr Havlan and Michal Radvan provide an insight into organisational changes and the emergence of not for profit organisations and structures. Of particular note is the challenge to ownership concepts and how to accommodate those within new property rights in not for profit organisations.
The challenges of balancing rights and freedoms within employment contracts is considered by Professor van der Bank. Through a study of the Labour Relations Act in South Africa and the impact on the certainty and flexibility of fixed term contracts of employment, namely the ability to challenge a dismissal as a reasonable expectation of renewal, Professor van der Bank suggests that this might be reflection of the global development of labour rights.
Mohammad Rizal Salim and Teh Tai Yong present a comparative study of the duties of nominee directors. Drawing upon and comparing developments in the UK, New Zealand and Australia they are able to suggest that the position in Malaysia is over prescriptive and does not accord with commercial reality. Proposals for reform are suggested in this often unexplored but important area. One suspects that the changes in global capital structures and ownership will increasingly expose the conflicts of interest in this area.
The final paper in this issue reflects another global challenge; climate control. In a fascinating study of a possible market response, Dr Peter Yeoh analyses the development of the EU Exchange Trading Scheme as a possible model of control, in this case, the control of carbon and pollution. The use of the market mechanism on such a scale, of 25 member states, 11,500 sources and $41bn allowances, provides encouragement to regulators in this area.
We hope readers find these studies interesting and an inspiration for further comment.
James Kirkbride and Geraint Howells