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Faculty Scholarship

2021

COVID-19

Fordham Law School

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Full-Text Articles in Law

Is Economic Nationalism In Corporate Governance Always A Threat?, Martin Gelter Jan 2021

Is Economic Nationalism In Corporate Governance Always A Threat?, Martin Gelter

Faculty Scholarship

During the past decades, corporate law and corporate governance debates have generally been skeptical of elements of economic ‘Nationalism’ or ‘protectionism.’ Arguably, globalization and convergence in corporate governance have resulted in a reduction of protectionist policies. However, recently COVID-19 has resulted in nationalist and protectionist conduct in economic policy across jurisdictions. Contrary to the predominant view, this paper argues that corporate governance policies intended to serve a particular country’s interest may at times be justified. First, globalization and convergence in corporate governance are likely to have beneficial effects only when outside investors pursue financial rather than political goals. Protectionist policies …


Covid-19 And Comparative Corporate Governance, Martin Gelter, Julia M. Puaschunder Jan 2021

Covid-19 And Comparative Corporate Governance, Martin Gelter, Julia M. Puaschunder

Faculty Scholarship

With the pandemic caused by the novel coronavirus SARS-CoV-2 raging around the world, many countries’ economies are at a crucial juncture. The COVID-19 external shock to the economy has the potential to affect corporate governance profoundly. This Article explores its possible impact on comparative corporate governance. For an economy to operate successfully, a society must first find a politically sustainable social equilibrium. In many countries, historical crises—such as the Great Depression and World War II—have resulted in a reconfiguration of corporate governance institutions that set the course for generations. While it is not yet clear whether COVID-19 will have a …