Enforcement and Good Corporate Governance in Developing Countries and Transition Economies

More than regulations, laws on the books, or voluntary codes, enforcement is a key to creating an effective business environment and good corporate governance, at least in developing countries and transition economies. A framework is presented to h...

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Main Authors: Berglof, Erik, Claessens, Stijn
Format: Journal Article
Language:English
en_US
Published: Oxford University Press on behalf of the World Bank 2013
Subjects:
OIL
Online Access:http://documents.worldbank.org/curated/en/2006/02/17590623/enforcement-good-corporate-governance-developing-countries-transition-economies
http://hdl.handle.net/10986/16398
id okr-10986-16398
recordtype oai_dc
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
en_US
topic ACCESS TO INFORMATION
ACCOUNTING
AGENCY COSTS
ARBITRAGE
ARBITRATION
ASSET SALES
AUDITS
BANK LENDING
BANK REGULATION
BANK SUPERVISORS
BANKING REGULATION
BANKING SYSTEM
BANKRUPTCY
BIDS
BOND
BROKERS
BUSINESS ENVIRONMENT
CAPITAL MARKET
CAPITAL MARKET DEVELOPMENT
CAPITAL MARKETS
CASH BALANCE
CASH BALANCES
CENTRAL BANKS
CHECKS
CIVIL LAW
CLASS ACTION
CODES OF CONDUCT
COLLATERAL
COMMON LAW
COMPETITION POLICY
CONFLICTS OF INTEREST
CONTRACT ENFORCEMENT
CONTRACT LAW
CORPORATE FINANCE
CORPORATE GOVERNANCE
CORPORATE GOVERNANCE BEHAVIOR
CORPORATE GOVERNANCE REFORM
CORPORATE GOVERNANCE STANDARDS
CORPORATE LAW
CORPORATE OWNERSHIP
CREDIT BUREAUS
CREDIT HISTORIES
DEBT
DEBT CONTRACTS
DEREGULATION
DEVELOPED COUNTRIES
DEVELOPING COUNTRIES
DEVELOPING ECONOMIES
ECONOMIC ACTIVITY
ECONOMIC DEVELOPMENT
ECONOMIC PERFORMANCE
ECONOMIC THEORIES
EMERGING MARKETS
EMPIRICAL EVIDENCE
ENFORCEMENT MECHANISM
ENFORCEMENT MECHANISMS
ENVIRONMENTS
EXCHANGE COMMISSION
EXCHANGE COMMISSIONS
EXPENDITURES
EXTERNAL FINANCE
EXTERNAL FINANCING
FINANCIAL CONTRACTS
FINANCIAL DEVELOPMENT
FINANCIAL DISTRESS
FINANCIAL INSTITUTIONS
FINANCIAL MARKET
FINANCIAL MARKETS
FINANCIAL SECTOR
FINANCIAL SECTOR DEVELOPMENT
FINANCIAL SYSTEMS
FIRM PERFORMANCE
FOREIGN FIRMS
FOREIGN INVESTORS
FOREIGN STOCK
GLOBALIZATION
GLOBALIZATION OF SECURITIES
GOOD GOVERNANCE
GOVERNANCE ISSUES
GOVERNANCE MECHANISM
GOVERNANCE MECHANISMS
GOVERNANCE PRACTICES
GOVERNMENT ACTIONS
GOVERNMENT INTERVENTION
HOSTILE TAKEOVERS
HUMAN CAPITAL
INCENTIVE STRUCTURES
INCOME
INDIVIDUAL FIRM
INDIVIDUAL FIRMS
INDIVIDUAL INVESTOR
INDIVIDUAL INVESTORS
INDIVIDUAL MARKET
INFORMATION SYSTEMS
INFORMATION TECHNOLOGY
INSIDER TRADING
INSTITUTIONAL DEVELOPMENT
INSTITUTIONAL ENVIRONMENT
INSTITUTIONAL ENVIRONMENTS
INSTITUTIONAL INVESTORS
INTERNATIONAL ACCOUNTING STANDARDS
INTERNATIONAL BANK
INTERNATIONAL CORPORATE GOVERNANCE
INTERNATIONAL FINANCE
INTERNATIONAL LAW
INTERNATIONAL MARKETS
INTERNATIONAL STANDARDS
INTERNATIONAL TRADE
INVESTMENT BANKS
INVESTMENT STRATEGIES
INVESTOR PROTECTION
JOINT VENTURES
JUDICIAL SYSTEM
JUDICIAL SYSTEMS
JURISDICTION
JURISDICTIONS
LABOR MARKETS
LAW ENFORCEMENT
LEGAL ENVIRONMENT
LEGAL MECHANISM
LEGAL SYSTEM
LEGAL SYSTEMS
LENDERS
LIABILITY
LIQUIDITY
LOCAL CORPORATE GOVERNANCE
MARKET COMPETITION
MARKET ECONOMIES
MARKET ECONOMY
MARKET FAILURE
MARKET FAILURES
MARKET MANIPULATION
MARKET REGULATION
MARKET RETURNS
MINORITY INVESTORS
MINORITY SHAREHOLDER
MINORITY SHAREHOLDER RIGHTS
MINORITY SHAREHOLDERS
MONOPOLY
NATURAL RESOURCES
OIL
OPERATIONAL INDEPENDENCE
OUTPUT
OUTPUTS
OUTSIDE INVESTORS
OWNERSHIP STRUCTURES
PAYMENT SERVICES
PAYMENTS SYSTEMS
POLITICAL ECONOMY
POOR REPUTATION
POOR REPUTATIONS
PREPAYMENTS
PRIVATE ENFORCEMENT
PRIVATE PARTIES
PRIVATE PROPERTY
PROFIT OPPORTUNITIES
PROPERTY RIGHTS
PROPERTY RIGHTS PROTECTION
PROTECTION OF MINORITY SHAREHOLDERS
PUBLIC ENFORCEMENT
PUBLIC GOVERNANCE
PUBLIC MARKETS
PUBLIC POLICY
RATE OF RETURN
RATES OF RETURN
REGULATORS
REGULATORY AGENCIES
REGULATORY ENVIRONMENT
REGULATORY FRAMEWORK
REPUTATION
REPUTATIONS
RISK DIVERSIFICATION
RISK OF EXPROPRIATION
RULE OF LAW
SECURITIES
SECURITIES EXCHANGE
SECURITIES LAW
SECURITIES MARKET
SECURITIES MARKETS
SECURITIES REGULATION
SELF-REGULATION
SELF-REGULATORY AGENCIES
SETTLEMENT
SHAREHOLDER
SHAREHOLDER ACTIVISM
SHAREHOLDER VALUE
SHAREHOLDERS
SMALL BUSINESS
SOCIAL COSTS
STATE CAPTURE
STOCK EXCHANGE
STOCK EXCHANGE LISTING
STOCK EXCHANGES
STOCK MARKET
STOCK MARKETS
TECHNOLOGICAL PROGRESS
TRADE ASSOCIATIONS
TRADEOFFS
TRADES
TRANSACTIONS COSTS
TRANSITION ECONOMIES
TRANSPARENCY
TURNOVER
VALUABLE ASSETS
VALUATION
WEAK ENFORCEMENT
spellingShingle ACCESS TO INFORMATION
ACCOUNTING
AGENCY COSTS
ARBITRAGE
ARBITRATION
ASSET SALES
AUDITS
BANK LENDING
BANK REGULATION
BANK SUPERVISORS
BANKING REGULATION
BANKING SYSTEM
BANKRUPTCY
BIDS
BOND
BROKERS
BUSINESS ENVIRONMENT
CAPITAL MARKET
CAPITAL MARKET DEVELOPMENT
CAPITAL MARKETS
CASH BALANCE
CASH BALANCES
CENTRAL BANKS
CHECKS
CIVIL LAW
CLASS ACTION
CODES OF CONDUCT
COLLATERAL
COMMON LAW
COMPETITION POLICY
CONFLICTS OF INTEREST
CONTRACT ENFORCEMENT
CONTRACT LAW
CORPORATE FINANCE
CORPORATE GOVERNANCE
CORPORATE GOVERNANCE BEHAVIOR
CORPORATE GOVERNANCE REFORM
CORPORATE GOVERNANCE STANDARDS
CORPORATE LAW
CORPORATE OWNERSHIP
CREDIT BUREAUS
CREDIT HISTORIES
DEBT
DEBT CONTRACTS
DEREGULATION
DEVELOPED COUNTRIES
DEVELOPING COUNTRIES
DEVELOPING ECONOMIES
ECONOMIC ACTIVITY
ECONOMIC DEVELOPMENT
ECONOMIC PERFORMANCE
ECONOMIC THEORIES
EMERGING MARKETS
EMPIRICAL EVIDENCE
ENFORCEMENT MECHANISM
ENFORCEMENT MECHANISMS
ENVIRONMENTS
EXCHANGE COMMISSION
EXCHANGE COMMISSIONS
EXPENDITURES
EXTERNAL FINANCE
EXTERNAL FINANCING
FINANCIAL CONTRACTS
FINANCIAL DEVELOPMENT
FINANCIAL DISTRESS
FINANCIAL INSTITUTIONS
FINANCIAL MARKET
FINANCIAL MARKETS
FINANCIAL SECTOR
FINANCIAL SECTOR DEVELOPMENT
FINANCIAL SYSTEMS
FIRM PERFORMANCE
FOREIGN FIRMS
FOREIGN INVESTORS
FOREIGN STOCK
GLOBALIZATION
GLOBALIZATION OF SECURITIES
GOOD GOVERNANCE
GOVERNANCE ISSUES
GOVERNANCE MECHANISM
GOVERNANCE MECHANISMS
GOVERNANCE PRACTICES
GOVERNMENT ACTIONS
GOVERNMENT INTERVENTION
HOSTILE TAKEOVERS
HUMAN CAPITAL
INCENTIVE STRUCTURES
INCOME
INDIVIDUAL FIRM
INDIVIDUAL FIRMS
INDIVIDUAL INVESTOR
INDIVIDUAL INVESTORS
INDIVIDUAL MARKET
INFORMATION SYSTEMS
INFORMATION TECHNOLOGY
INSIDER TRADING
INSTITUTIONAL DEVELOPMENT
INSTITUTIONAL ENVIRONMENT
INSTITUTIONAL ENVIRONMENTS
INSTITUTIONAL INVESTORS
INTERNATIONAL ACCOUNTING STANDARDS
INTERNATIONAL BANK
INTERNATIONAL CORPORATE GOVERNANCE
INTERNATIONAL FINANCE
INTERNATIONAL LAW
INTERNATIONAL MARKETS
INTERNATIONAL STANDARDS
INTERNATIONAL TRADE
INVESTMENT BANKS
INVESTMENT STRATEGIES
INVESTOR PROTECTION
JOINT VENTURES
JUDICIAL SYSTEM
JUDICIAL SYSTEMS
JURISDICTION
JURISDICTIONS
LABOR MARKETS
LAW ENFORCEMENT
LEGAL ENVIRONMENT
LEGAL MECHANISM
LEGAL SYSTEM
LEGAL SYSTEMS
LENDERS
LIABILITY
LIQUIDITY
LOCAL CORPORATE GOVERNANCE
MARKET COMPETITION
MARKET ECONOMIES
MARKET ECONOMY
MARKET FAILURE
MARKET FAILURES
MARKET MANIPULATION
MARKET REGULATION
MARKET RETURNS
MINORITY INVESTORS
MINORITY SHAREHOLDER
MINORITY SHAREHOLDER RIGHTS
MINORITY SHAREHOLDERS
MONOPOLY
NATURAL RESOURCES
OIL
OPERATIONAL INDEPENDENCE
OUTPUT
OUTPUTS
OUTSIDE INVESTORS
OWNERSHIP STRUCTURES
PAYMENT SERVICES
PAYMENTS SYSTEMS
POLITICAL ECONOMY
POOR REPUTATION
POOR REPUTATIONS
PREPAYMENTS
PRIVATE ENFORCEMENT
PRIVATE PARTIES
PRIVATE PROPERTY
PROFIT OPPORTUNITIES
PROPERTY RIGHTS
PROPERTY RIGHTS PROTECTION
PROTECTION OF MINORITY SHAREHOLDERS
PUBLIC ENFORCEMENT
PUBLIC GOVERNANCE
PUBLIC MARKETS
PUBLIC POLICY
RATE OF RETURN
RATES OF RETURN
REGULATORS
REGULATORY AGENCIES
REGULATORY ENVIRONMENT
REGULATORY FRAMEWORK
REPUTATION
REPUTATIONS
RISK DIVERSIFICATION
RISK OF EXPROPRIATION
RULE OF LAW
SECURITIES
SECURITIES EXCHANGE
SECURITIES LAW
SECURITIES MARKET
SECURITIES MARKETS
SECURITIES REGULATION
SELF-REGULATION
SELF-REGULATORY AGENCIES
SETTLEMENT
SHAREHOLDER
SHAREHOLDER ACTIVISM
SHAREHOLDER VALUE
SHAREHOLDERS
SMALL BUSINESS
SOCIAL COSTS
STATE CAPTURE
STOCK EXCHANGE
STOCK EXCHANGE LISTING
STOCK EXCHANGES
STOCK MARKET
STOCK MARKETS
TECHNOLOGICAL PROGRESS
TRADE ASSOCIATIONS
TRADEOFFS
TRADES
TRANSACTIONS COSTS
TRANSITION ECONOMIES
TRANSPARENCY
TURNOVER
VALUABLE ASSETS
VALUATION
WEAK ENFORCEMENT
Berglof, Erik
Claessens, Stijn
Enforcement and Good Corporate Governance in Developing Countries and Transition Economies
description More than regulations, laws on the books, or voluntary codes, enforcement is a key to creating an effective business environment and good corporate governance, at least in developing countries and transition economies. A framework is presented to help explain enforcement, the impact on corporate governance when rules are not enforced, and what can be done to improve corporate governance in weak enforcement environments. The limited empirical evidence suggests that private enforcement tools are often more effective than public tools. However, some public enforcement is necessary, and private enforcement mechanisms often require public laws to function. Private initiatives are often also taken under the threat of legislation or regulation, although in some countries bottom-up, private-led initiatives preceded and even shaped public laws. Concentrated ownership aligns incentives and encourages monitoring, but it weakens other corporate governance mechanisms and can impose significant costs. Various steps can be taken to reduce these costs and reinforce other corporate governance mechanisms. But political economy constraints, resulting from the intermingling of business and politics, often prevent improvements in the enforcement environment and the adoption and implementation of public laws.
format Journal Article
author Berglof, Erik
Claessens, Stijn
author_facet Berglof, Erik
Claessens, Stijn
author_sort Berglof, Erik
title Enforcement and Good Corporate Governance in Developing Countries and Transition Economies
title_short Enforcement and Good Corporate Governance in Developing Countries and Transition Economies
title_full Enforcement and Good Corporate Governance in Developing Countries and Transition Economies
title_fullStr Enforcement and Good Corporate Governance in Developing Countries and Transition Economies
title_full_unstemmed Enforcement and Good Corporate Governance in Developing Countries and Transition Economies
title_sort enforcement and good corporate governance in developing countries and transition economies
publisher Oxford University Press on behalf of the World Bank
publishDate 2013
url http://documents.worldbank.org/curated/en/2006/02/17590623/enforcement-good-corporate-governance-developing-countries-transition-economies
http://hdl.handle.net/10986/16398
_version_ 1764433475196157952
spelling okr-10986-163982021-04-23T14:03:30Z Enforcement and Good Corporate Governance in Developing Countries and Transition Economies Berglof, Erik Claessens, Stijn ACCESS TO INFORMATION ACCOUNTING AGENCY COSTS ARBITRAGE ARBITRATION ASSET SALES AUDITS BANK LENDING BANK REGULATION BANK SUPERVISORS BANKING REGULATION BANKING SYSTEM BANKRUPTCY BIDS BOND BROKERS BUSINESS ENVIRONMENT CAPITAL MARKET CAPITAL MARKET DEVELOPMENT CAPITAL MARKETS CASH BALANCE CASH BALANCES CENTRAL BANKS CHECKS CIVIL LAW CLASS ACTION CODES OF CONDUCT COLLATERAL COMMON LAW COMPETITION POLICY CONFLICTS OF INTEREST CONTRACT ENFORCEMENT CONTRACT LAW CORPORATE FINANCE CORPORATE GOVERNANCE CORPORATE GOVERNANCE BEHAVIOR CORPORATE GOVERNANCE REFORM CORPORATE GOVERNANCE STANDARDS CORPORATE LAW CORPORATE OWNERSHIP CREDIT BUREAUS CREDIT HISTORIES DEBT DEBT CONTRACTS DEREGULATION DEVELOPED COUNTRIES DEVELOPING COUNTRIES DEVELOPING ECONOMIES ECONOMIC ACTIVITY ECONOMIC DEVELOPMENT ECONOMIC PERFORMANCE ECONOMIC THEORIES EMERGING MARKETS EMPIRICAL EVIDENCE ENFORCEMENT MECHANISM ENFORCEMENT MECHANISMS ENVIRONMENTS EXCHANGE COMMISSION EXCHANGE COMMISSIONS EXPENDITURES EXTERNAL FINANCE EXTERNAL FINANCING FINANCIAL CONTRACTS FINANCIAL DEVELOPMENT FINANCIAL DISTRESS FINANCIAL INSTITUTIONS FINANCIAL MARKET FINANCIAL MARKETS FINANCIAL SECTOR FINANCIAL SECTOR DEVELOPMENT FINANCIAL SYSTEMS FIRM PERFORMANCE FOREIGN FIRMS FOREIGN INVESTORS FOREIGN STOCK GLOBALIZATION GLOBALIZATION OF SECURITIES GOOD GOVERNANCE GOVERNANCE ISSUES GOVERNANCE MECHANISM GOVERNANCE MECHANISMS GOVERNANCE PRACTICES GOVERNMENT ACTIONS GOVERNMENT INTERVENTION HOSTILE TAKEOVERS HUMAN CAPITAL INCENTIVE STRUCTURES INCOME INDIVIDUAL FIRM INDIVIDUAL FIRMS INDIVIDUAL INVESTOR INDIVIDUAL INVESTORS INDIVIDUAL MARKET INFORMATION SYSTEMS INFORMATION TECHNOLOGY INSIDER TRADING INSTITUTIONAL DEVELOPMENT INSTITUTIONAL ENVIRONMENT INSTITUTIONAL ENVIRONMENTS INSTITUTIONAL INVESTORS INTERNATIONAL ACCOUNTING STANDARDS INTERNATIONAL BANK INTERNATIONAL CORPORATE GOVERNANCE INTERNATIONAL FINANCE INTERNATIONAL LAW INTERNATIONAL MARKETS INTERNATIONAL STANDARDS INTERNATIONAL TRADE INVESTMENT BANKS INVESTMENT STRATEGIES INVESTOR PROTECTION JOINT VENTURES JUDICIAL SYSTEM JUDICIAL SYSTEMS JURISDICTION JURISDICTIONS LABOR MARKETS LAW ENFORCEMENT LEGAL ENVIRONMENT LEGAL MECHANISM LEGAL SYSTEM LEGAL SYSTEMS LENDERS LIABILITY LIQUIDITY LOCAL CORPORATE GOVERNANCE MARKET COMPETITION MARKET ECONOMIES MARKET ECONOMY MARKET FAILURE MARKET FAILURES MARKET MANIPULATION MARKET REGULATION MARKET RETURNS MINORITY INVESTORS MINORITY SHAREHOLDER MINORITY SHAREHOLDER RIGHTS MINORITY SHAREHOLDERS MONOPOLY NATURAL RESOURCES OIL OPERATIONAL INDEPENDENCE OUTPUT OUTPUTS OUTSIDE INVESTORS OWNERSHIP STRUCTURES PAYMENT SERVICES PAYMENTS SYSTEMS POLITICAL ECONOMY POOR REPUTATION POOR REPUTATIONS PREPAYMENTS PRIVATE ENFORCEMENT PRIVATE PARTIES PRIVATE PROPERTY PROFIT OPPORTUNITIES PROPERTY RIGHTS PROPERTY RIGHTS PROTECTION PROTECTION OF MINORITY SHAREHOLDERS PUBLIC ENFORCEMENT PUBLIC GOVERNANCE PUBLIC MARKETS PUBLIC POLICY RATE OF RETURN RATES OF RETURN REGULATORS REGULATORY AGENCIES REGULATORY ENVIRONMENT REGULATORY FRAMEWORK REPUTATION REPUTATIONS RISK DIVERSIFICATION RISK OF EXPROPRIATION RULE OF LAW SECURITIES SECURITIES EXCHANGE SECURITIES LAW SECURITIES MARKET SECURITIES MARKETS SECURITIES REGULATION SELF-REGULATION SELF-REGULATORY AGENCIES SETTLEMENT SHAREHOLDER SHAREHOLDER ACTIVISM SHAREHOLDER VALUE SHAREHOLDERS SMALL BUSINESS SOCIAL COSTS STATE CAPTURE STOCK EXCHANGE STOCK EXCHANGE LISTING STOCK EXCHANGES STOCK MARKET STOCK MARKETS TECHNOLOGICAL PROGRESS TRADE ASSOCIATIONS TRADEOFFS TRADES TRANSACTIONS COSTS TRANSITION ECONOMIES TRANSPARENCY TURNOVER VALUABLE ASSETS VALUATION WEAK ENFORCEMENT More than regulations, laws on the books, or voluntary codes, enforcement is a key to creating an effective business environment and good corporate governance, at least in developing countries and transition economies. A framework is presented to help explain enforcement, the impact on corporate governance when rules are not enforced, and what can be done to improve corporate governance in weak enforcement environments. The limited empirical evidence suggests that private enforcement tools are often more effective than public tools. However, some public enforcement is necessary, and private enforcement mechanisms often require public laws to function. Private initiatives are often also taken under the threat of legislation or regulation, although in some countries bottom-up, private-led initiatives preceded and even shaped public laws. Concentrated ownership aligns incentives and encourages monitoring, but it weakens other corporate governance mechanisms and can impose significant costs. Various steps can be taken to reduce these costs and reinforce other corporate governance mechanisms. But political economy constraints, resulting from the intermingling of business and politics, often prevent improvements in the enforcement environment and the adoption and implementation of public laws. 2013-12-19T17:44:32Z 2013-12-19T17:44:32Z 2006-02-21 Journal Article http://documents.worldbank.org/curated/en/2006/02/17590623/enforcement-good-corporate-governance-developing-countries-transition-economies World Bank Research Observer doi:10.1093/wbro/lkj005 http://hdl.handle.net/10986/16398 English en_US CC BY-NC-ND 3.0 IGO http://creativecommons.org/licenses/by-nc-nd/3.0/igo/ World Bank Oxford University Press on behalf of the World Bank Publications & Research :: Journal Article Publications & Research :: Journal Article