April 2025
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3 Reads
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Publications (191)
January 2025
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7 Reads
November 2024
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18 Reads
European Business Organization Law Review
In recent years, policymakers and researchers across various disciplines have focused on mapping the contours of the contemporary global value chain (GVC). This paper examines the value of networks and related concepts, such as network failures, as lenses through which the GVC can be better understood, particularly in addressing human rights and environmental issues. Modern legal frameworks find it challenging to integrate these globally extended, network-like business structures within the bounds of traditional legal paradigms. The resulting regulatory landscape has, therefore, evolved into a complex mosaic of public and private norms and standards, creating nebulous and uncertain legal risks and responsibilities across the GVC. This ongoing shift places the management of this complex, multi-dimensional legal risk and the compliance function within the firm at the core of contemporary business organization and operations. Developing a framework for thinking about how businesses navigate these new legal risks becomes crucial. In this context, we propose three concepts for such a framework: genuine compliance, simulated compliance, and second-order observed compliance.
July 2024
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167 Reads
Identifying and then implementing an effective response to disruptive new AI technologies is enormously challenging for any business looking to integrate AI into their operations, as well as regulators looking to leverage AI-related innovation as a mechanism for achieving regional economic growth. These business and regulatory challenges are particularly significant given the broad reach of AI, as well as the multiple uncertainties surrounding such technologies and their future development and effects. This article identifies two promising strategies for meeting the AI challenge, focusing on the example of Fintech. First, dynamic regulation, in the form of regulatory sandboxes and other regulatory approaches that aim to provide a space for responsible AI-related innovation. An empirical study provides preliminary evidence to suggest that jurisdictions that adopt a more proactive approach to Fintech regulation can attract greater investment. The second strategy relates to so-called innovation ecosystems. It is argued that such ecosystems are most effective when they afford opportunities for creative partnerships between well-established corporations and AI-focused startups and that this aspect of a successful innovation ecosystem is often overlooked in the existing discussion. The article suggests that these two strategies are interconnected, in that greater investment is an important element in both fostering and signaling a well-functioning innovation ecosystem and that a well-functioning ecosystem will, in turn, attract more funding. The resulting synergies between these strategies can, therefore, provide a jurisdiction with a competitive edge in becoming a regional hub for AI-related activity.
May 2024
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18 Reads
February 2024
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6 Reads
January 2024
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1 Read
SSRN Electronic Journal
November 2023
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19 Reads
January 2023
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51 Reads
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3 Citations
October 2022
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4 Reads
In recent years, there has been greater recognition of the role institutional investors play in the corporate governance of large corporations and the importance of regulatory measures aimed at promoting the right kind of institutional investment engagement. This chapter explores these issues via a comparative study of regulatory interventions across fourteen jurisdictions.
Citations (53)
... While there are various perspectives on disruptive innovation, one practical application is the prediction and management of disruptive technologies. Recognising the emergence of new, potentially disruptive technologies and trends is a challenge that can be addressed by forecasting change and being proactive through comprehension of the mechanics of innovation, determining future drivers, and gathering information [3]. Studies on disruptive innovation forecasting rely on empirical evidence, hindsight evaluation technology roadmap scenario analysis, diffusion models, the literature, and patent-based methods. ...
- Citing Article
January 2016
SSRN Electronic Journal
... Its implementation must be accompanied by a clear strategy, as well as organizational, structural, and cultural changes [30]. This is why the need for disruption has forced traditional centralized organizations to restructure, giving rise to decentralized organizations that are still evolving and maturing [3,56,57]. Thus, it is clear that both the acquisition of blockchain-based technologies and the efforts to make the most of them require a great amount of effort. From the review of some articles in the literature, it was possible to extract some problems that arise in the implementation of blockchain. ...
- Citing Chapter
October 2022
... Contributing to our understanding of the mechanisms of stock price crashes in patent infringement, Deng et al. (2023) examine the correlation between patent infringement lawsuits and the likelihood of a stock market litigation and efficient risk-taking, and corporate governance strategies help to minimize these harmful impacts. Fenwick et al. (2023) argue that large corporations should engage in governance practices and processes to enhance their innovation capabilities. Xu et al. (2023) show that corporate governance significantly moderates innovation investment, considering legal jurisdictions and ownership types. ...
- Citing Chapter
October 2022
... They posited that governance, encompassing a spectrum of disciplinary mechanisms, is inherently connected to innovation, necessitating the equitable allocation of authority and decision-making responsibilities across all organizational levels. Subsequent research collectively suggests that corporate governance significantly influences innovation, with specific mechanisms such as board characteristics and R&D investment playing crucial roles (Fenwick et al., 2022;Asni & Agustia, 2022;Lin et al., 2023;Chemmanur & Tian, 2017;Samlal, 2020). ...
- Citing Chapter
October 2022
... Much of the existing literature focuses on broad organizational adoption factors or technological frameworks (e.g., Butler et al. 2021;Li et al. 2024), often neglecting the unique challenges and opportunities present at the employee level within startups. Additionally, studies tend to emphasize large corporations or general organizational settings (e.g., Cottier et al. 2023;Fenwick et al. 2024), offering little insight into the dynamic and resource-constrained environments of startups operating in interconnected innovation ecosystems. This oversight is significant, given the critical role that startup employees play as both users and facilitators of AI technologies. ...
- Citing Article
January 2022
SSRN Electronic Journal
... The evolving nature of the Consumer Protection Act is not restricted to protect consumer rights but also addresses fair digital transactions and environmental sustainability. UNCTAD, UNGCP and OECD these legislative enhancements have expanded consumer protection, incorporating measures to manage digital transactions effectively and promote sustainable practices [9]. The United Nations Guidelines for Consumer Protection (UNGCP), established in 1985 and revised in 2015, provide a comprehensive blueprint for safeguarding consumer rights, fostering ethical business practices, and promoting fair trade across global markets [10]. ...
- Citing Article
- Full-text available
May 2022
International Data Privacy Law
... Therefore, this study assumes that environmental management capability is an important antecedent of the non-financial performance of SMEs, based on the RBV. SMEs, characterized by limited resources and infrastructure as compared to larger firms, may find it difficult to remain competitive and be excluded from global supply chains if they fail to respond appropriately to ESG pressure (Alkatheeri et al., 2023;Fenwick et al., 2022;Gholami et al., 2022;Han et al., 2022;Park et al., 2022;Suh, 1996;). Therefore, SMEs need to make efforts to respond to ESG pressures (Jang et al., 2023;Pinheiro et al., 2024). ...
- Citing Article
January 2022
SSRN Electronic Journal
... Hence, they are proposing a re-design of the legal system, which reconsiders the relation between law and society, to guide a reform of law in a technologically-based society [ 19]. They are also questioning and investigating the effects of new technologies for PPL and legal design [ 20]. Most of the research on PPL and legal technology focuses on legal design and smart contracts. ...
- Citing Article
January 2021
SSRN Electronic Journal
... The literature on AVs has considered the issue of technological innovation only very recently [11,15,36,46,14]. We contribute to this by showing how our taxonomy can be used to classify AVs and to reject the uncritical assumption that AVs are currently a disruptive form of innovation [11]. ...
- Citing Chapter
January 2021
... Ya no es necesario revisar una gran cantidad de documentos legales, jurisprudencias, entre otros. Las nuevas tecnologías brindan esta opción (Corrales et al., 2020). ...
- Citing Book
January 2020
