Corporate Norms Research Articles

Cultivating dispersed collectivity: How communities between organizations sustain employee activism

Pushing for social change at work is frustrating and precarious. Many employee activists therefore seek support in communities that form around their aspirations and reside ‘between’ organizations. This article advances our understanding of how community participation shapes employee activists’ experiences of their change agency as they return to and pursue their social purpose in their corporate lives. Grounded in an in-depth qualitative study of an inter-organizational community of employee activists, we introduce the notion of ‘dispersed collectivity’: employee activists generate a shared sense of collectivity that they maintain even as they disperse into their workplaces. Dispersed collectivity enables subtle agentic experiences by emboldening employee activists to endure their often-challenging corporate lives, unsettle corporate norms, and detach from their corporate positions. Even without mobilizing a collective push for change across firms, communities can thus play a critical role in sustaining employee activism. Our study contributes a more nuanced account of employee activists’ change agency and offers new theoretical insights into the role of inter-organizational communities in social change, the practices they can use to build collective momentum and empathic connections, and their impact on employee activists’ determination to drive social change from within.

Органи непідприємницьких юридичних осіб приватного права: становлення та розвиток корпоративного управління в умовах євроінтеграції

The purpose of the article is the formation of a unified civil approach to the organs of non-entrepreneurial legal entities under private law, in particular, in the aspect of the formation and development of corporate governance in the conditions of European integration. The development of scientific views on the management of non-entrepreneurial societies should be carried out in accordance with two factors: 1) proper legal regulation in accordance with the actual relations in these societies; 2) taking into account the experience accumulated with the development of corporate law. The absence of membership in the organization does not necessarily imply sole decision-making in a legal entity, because both in a society and in a foundation, the possibility of forming collegial management organs is established by law. The collective management procedure is considered as corporate governance. In the EU acquis, we observe a tendency towards the mandatory formation of at least two governing bodies: with the help of one, the will is formed (although in fact it is a body whose powers are limited only by law), and with the help of the other, the will of a legal entity is expressed. The analysis of the development of the EU acquis regarding the statuses of EEIG and SCE allows us to draw a conclusion about the transition from collective (democratic) governance to professional, the formation of differentiated organs that have competence in certain areas of activity of a legal entity. The question of the formation of corporate norms, in particular by the bodies of non-entrepreneurial legal entities, as well as the implementation of non-legal prescriptions, including within “umbrella” organizations, deserve separate areas of research. The names of governance organs are formed in accordance with the practice of legal entities in certain areas. We are following the legislative trend of moving away from the need to form mandatory additional organs that operate between meetings of higher organs

Integration of Universities and Employers – Potential in Building Social Capital

The article analyzes the main directions of integration of universities and employers, considered in the context of formation of social capital of participants of educational relations. The empirical basis of the work was formed by: 1) data on self-evaluation for 2023 of four leading universities of the Omsk region, differing in the structure of educational programs and industry focus (OmSTU, OmSU, OmGUPS, SibADI); 2) the results of questionnaire survey of the main participants of the educational process: students and employers of these universities; 3) data from the survey of university youth within the framework of the Federal project “Runway 2023” (2,139 students of these universities). The novelty of the study lies in the substantiation of the practices of integration of universities and employers that have developed in the educational environment as ways of reproducing social capital for the key participants of educational relations. These practices contribute to the establishment of trust between the participants of educational relations; form communications that become resources for obtaining benefits for the parties involved in cooperation; help students to master the corporate norms and rules of employers; reduce the level of transaction costs in employment, etc. It has been established that the main forms of integration of universities and their partners are realized mainly to achieve a high level of postgraduate employment of graduates, which in practice are associated with the reproduction of social capital of both open and closed type. Based on the analyzed sources, the following hypotheses were confirmed: firstly, representatives of employers who have experience of cooperation with universities are more likely to prefer to use and develop such formats of integration with educational organizations that are focused on solving the problems of youth employment, i.e. they use the accumulated social capital to build up the human capital of their organizations; secondly, the level of students’ readiness to recommend an educational organization for admission and graduation. The authors show promising directions of research on the subject of the article: 1) the establishment of system-wide and industry barriers that impede the development of bridging social capital for the production of an innovative product; 2) a comprehensive analysis of bridging social capital, which reflects the quality of communication and cooperation in the context of personal responsibility and competencies of officials of both participants in the educational process.

Decoding South African lecturers’ frustrations with neoliberal governance approaches

Corporate norms and values, characterised by an enterprise ethos, became the new parameters that defined the academic environment. Academics are increasingly becoming concerned about the commodification of higher education and its impact on academic quality and the standards of quality graduates. The voices of South African academics and their experiences within the neoliberal university governance remain underexplored in the current literature. This study aimed to enhance understanding and contribute to knowledge by exploring lecturers’ experiences within a corporatised academic work environment. This study took place across public and private higher education institutions in South Africa. A cross-sectional, qualitative, interpretative phenomenological research design was employed. Data was collected by means of semi-structured interviews with a diverse sample of 20 lecturers. The data analysis followed the principles of interpretative phenomenological analysis. The findings of the study identified three key areas that triggered feelings of frustration with management: (1) participants experienced a lack of management’s understanding of governing academic work environments, (2) an erosion of their collegial culture, and (3) a lack of transparent communication.Contribution: A key contribution of this study, which set it apart from other studies, was lecturers’ perceptions that their professional identity, collegiality, autonomy, and academic freedom were in crisis.

Stimming as Thinking: a Critical Reevaluation of Self-Stimulatory Behavior as an Epistemic Resource for Inclusive Education

Peripheral sensorimotor stimming activity, such as rocking and fidgeting, is widely considered irrelevant to and even distracting from learning. In this critical-pedagogy conceptual paper, we argue that stimming is an intrinsic part of adaptive functioning, interaction, and cognitive dynamics. We submit that when cultural resources build from students’ own sensorimotor dynamics, rather than subjugating them to hegemonic corporeal norms, learners’ intrinsic sensorimotor behaviors may be embraced and empowered as mental activity. This call for transformative inclusive pedagogy is of particular importance for neurodivergent children whose sensorimotor engagements have historically been ostracized as disruptive. Following a conceptual analysis of stimming that builds on a range of neuro-cognitive empirical studies drawing on post-cognitivist embodied cognition theory, we imagine inclusive educational futures that disrupt sedentary instructional design to elevate minoritized learners’ sensorimotor activity. As proof of concept, we present an example inclusive embodied activity, balance board math, a pedagogical tool designed to elicit stimming as thinking. We propose a set of design heuristics for realizing stimming’s pedagogical potential.

Social and legal regulators. Conceptual developments by V.I. Nizhechek

The role of the Soviet scientist-activist V.I. Nizhechek in the development and establishment of social regulation concepts, and its importance in governing societal affairs, as well as functions and potential of law, and its relationship with morality as a social regulator are thoroughtly explored. V.I. Nizhechek posits that legal and social regulations share a common nature, are deeply interconnected, and exhibit numerous practical manifestations of unity. While aknowledging the independent nature of law, the scientist concludes that legal norms essentially form a component of social regulation in society. Notably, the author emphasizes moral regulation, and the interplay between legal norms and morality, while examining various social regulators such as corporate norms, ethincs, religion, and others. V.I. Nizhechek does not differential between morality ad ethics; however, he asserts that morality holds a dominant role in the system of social regulation, highlighting the so-called “proximity” of morality and law. Morever, the author draws relevant parallels that substantiate the systematic nature of social regulation. V.I. Nizhechek delves into the crucial question of the theory of law as a tool of legal regulation in historical and contemporary contexts. He considers the evolution of legal regulation in terms of broadening its scope and reinforcing its role in Soviet society, unlimately concluding that legal regulation has become more complex. The concept of the intimate connection between economic and legal methods of regulation is presented; the author asserts that there may be no contradiction between these methods of regulation since all economic methods are mediated by legal norms. The material is prefaced by the author's personal recollections of meetings and conversations with V.I. Nizhechek, as well as with scholars, colleagues, who were associated with him.

Преимущества примирительных процедур для сторон в судебном процессе

Conciliation institutions reduce caseload. Some states also see them as a way to ensure public access to justice and strengthen social peace. This article introduces a systematic approach to conciliation procedures, or pre-court mediation. It describes such concepts as social management system, legal regulation, judicial activity, justice, judicial enforcement, alternative methods of dispute resolution, and conciliation procedures. The research relied on the methods of formal logic, legal system analysis, formal legal method, and functional methods. The author identified a system of social regulation that combines reconciliation and legal procedures, as well as classified domestic conciliation institutions as private, private-public, and public. Institutions of public conciliation appear when private reconciliation integrates with jurisdictional activities. Public principles enter conciliation procedures if the state body, e.g., court, has the right to regulate, organize, or conduct reconciliation, as well as approve its results. Pre-court reconciliation has some advantage for the parties. First, it is effective if both parties sought reconciliation: even if the decision is not ideal, they may still find it satisfactory. Second, mediators are free to employ a wider range of regulators, both legal and non-legal, e.g., morality, religion, traditions, corporate norms, etc. Third, conciliation procedure is much less complex than a trial. Pre-court mediation is beneficial for the society in general and needs to be popularized as an effective de-litigating tool that is profitable for both parties. However, the scope of alternative forms of dispute settlement could be expanded only if the parties understand the personal benefits they get from pre-court mediation.

COMPLIANCE AND LEGISLATION IN THE FIELD OF INTELLECTUAL PROPERTY

This article is devoted to the study of the institute of compliance, the need to implement compliance procedures in an organization regardless of the form of ownership, type of legal entity, organizational and legal form. This business process has been widely implemented in the financial sector, but due to the spread of the introduction of economic sanctions and threats of secondary sanctions, it has become particularly relevant in Kazakhstan. This article analyzes the issues of the essence of compliance, procedures, goals and objectives, functions of services, types of compliance, negative consequences of non-compliance with legal requirements, corporate norms, ethical standards and internal regulatory documents. In the article, the author substantiates the need to include in the functions of compliance controllers the study of risks in the sphere of intellectual property turnover, which is a necessary measure of compliance with legal norms on intellectual property, not limited only to the introduction of anti-corruption, sanctions or antimonopoly compliance. In practice, these areas are well-established. However, illegal turnover of intellectual property, violations of exclusive rights create serious legal risks and financial consequences. In this regard, the author considers it necessary to implement compliance depending on the type of activity of the company, including for compliance with intellectual property legislation. This position is based on numerous facts of judicial proceedings, criminal and administrative prosecution of offenders who, when applying this type of compliance control, could have prevented violations of intellectual property law in advance. The introduction of compliance control in this area would prevent the onset of legal consequences and financial losses (fines, confiscation).

Conditional Effects of the Spotlight: Electoral Institutions and the Enforcement of Global Corporate Norms

Abstract Under what conditions do governments discipline powerful multinational companies for breaching global corporate norms? Existing international relations theories have shown that peer monitoring and transnational advocacy are crucial strategies that shine a spotlight on norm violations. Despite the importance of those strategies, governments in the Global North have not consistently condemned their home-grown multinational companies for breaking norms related to climate or human rights in the Global South. This paper argues that the effect of such spotlighting is crucially moderated by electoral institutions, and legislators in proportional representation systems are more likely than those in majoritarian systems to push multinational companies to comply with global norms when such issues are in the spotlight. I find supporting evidence from the OECD Guidelines’ Specific Instance process and case studies. This article shows that traditional strategies to promote norm compliance, such as transnational advocacy and peer pressure, work differently in different countries, and electoral systems in the Global North can have unintended distributional consequences for norm beneficiaries.

Drivers of Gender Imbalance in the Senior Management of the Parliamentary Service Commission of Kenya

Purpose: There have been several studies focussing on gender imbalance among the political leadership in Kenya and the internal workings of the Parliament of Kenya, however, minimal attention has been given to the leadership of the PSC employees. The objectives of this study were to analyse the extent to which promotion criteria, organizational politics, and corporate norms drive gender imbalance in the senior management of PSC.
 Materials and Methods: A descriptive research design guided the study. The research adopted the Skills theory of Leadership and the African Feminism theory. The study population was the permanent and pensionable employees of the PSC. Interviews and a structured questionnaire were used to collect the data efficiently and effectively. The study applied both descriptive and inferential analysis.
 Findings: The study concluded that practices entrenched in the overall organization politics, corporate norms and promotion criteria do significantly influence gender imbalance at the PSC. Individually, the study found out that only promotion criteria had a significant effect on the gender imbalance at the PSC. Specifically, supporting inclusive promotion criteria will help in reducing gender imbalance at the workplace as it will foster better gender representation in positions of senior management. The study found out that organization politics and corporate norms have an insignificant effect on gender imbalance at the PSC.
 Implications to Theory, Practice and Policy: The study, therefore, recommended that supporting inclusive promotion criteria will help in reducing gender imbalance at the PSC as it will foster better gender representation in positions of senior management. Further, the PSC should consider using affirmative action in the selection of their senior management to achieve the two-thirds gender principle. Another recommendation is that the PSC needs to implement and enforce a gender policy, as provided for in its Strategic Plan. This policy needs to be well communicated and disseminated to all employees. The study recognizes the importance of mentorship and coaching programs in shaping women’s views and perceptions of leadership and in building their confidence.

Корпоративные нормы в деятельности государственных корпораций: теоретические и сравнительно-правовые аспекты

The problem of implementing corporate norms in the activities of state corporations is analyzed. It is noted that there are two types of state corporations: legal entities established in the organizational and legal form of state corporations, and legal entities established by the state in the organizational and legal form of business companies. It has been established that legal entities established in the organizational and legal form of a state corporation have a public legal nature. In the activities of such entities, corporate norms do not regulate intra-organizational relations, since the role of the main regulator is assigned to legal norms. It is noted that state corporations may have an extensive system of controlled legal entities, relations between which can and are regulated, among other things, by corporate norms. It is indicated that in the activities of state corporations established in the organizational and legal form of business companies, corporate norms are implemented in the regulation of intra-organizational relations.

Когнитивный компонент в структуре корпоративной культуры преподавателя вуза

Abstract. We consider the importance of studying the corporate culture of a university lecturer. Its relevance is due to the fact that universities need highly qualified specialists who are able to share the mission of the university, carry out strategic tasks and maintain the traditions of Russian higher education. All this is possible with the formation and development of a corporate culture, in the structure of which one of the components is cognitive. It ensures mastery of the technical means of implementing the phenomenon being studied and performs the function of self-realization of the lecturer in professional activities. As criteria for assessing the formation of the cognitive component, we identify two indicators: knowledge of corporate norms and ethics of relationships. The first indicator acts as the main criterion with which the lecturer correlates his behavior in the profession. Corporate norms make it possible to ensure stability and orderliness of different polar vectors of behavior and styles of professional activity of a university lecturer. The second indicator allows to regulate various types of interaction and communication within the teaching community. Possession of the ethics of relationships in a team creates a lecturer’s moral character and regulates behavior in the professional community. Thus, the cognitive component of the corporate culture of a university lecturer implements two important functions: self-education and professional growth of the lecturer. Using the author’s questionnaire, three levels of development of the cognitive component were identified. The first normative level is the basis for the formation of subsequent ones.

The Legal Framework of E-Commerce in Malaysia

This article examines the efficiency of the current legal framework on E-Commerce. E-Commerce is a new business model that is being adopted by the public and rapidly replacing the traditional concept of physical stores. Malaysia has not yet taken enough aggressive measures to change our commercial laws, despite the fact that doing so will help ensure that our legal system can control the new corporate norms of the digital era. In this article, the distinctions between offline and online business models are compared, along with the additional problems brought on by this shift. This article suggests new laws and rules that our legislators should enact in order to safeguard vendors, customers, and even the government.

The Balancing Act: The Balancing Act: Corporate Norms & Practices that Affect Work-Life Balance

The Balancing Act: The Balancing Act: Corporate Norms & Practices that Affect Work-Life Balance

Bridge Builders and Privacy Cops: Divergent Paths of Corporate Norm Entrepreneurship among Tech

Bridge Builders and Privacy Cops: Divergent Paths of Corporate Norm Entrepreneurship among Tech

Using panopticism to theorize the social role of the body in competitive gaming and electronic sport

The role of the body is a common topic for discussions concerning competitive gaming, also known as electronic sport (esport). In esport, the focus on the body shifts from its physical presence towards digitality and therefore differs significantly compared to traditional sports. It is therefore questionable whether disciplinary mechanisms typical for sport that originate from the physical body being surveyed can be observed in competitive gaming as well. This conceptual paper uses Michel Foucault's concept of panopticism to theorize what consequences of deviant or normative behaviour can be derived from a (partially) absent physical corporeality in esport. Our approach reveals that esport and competitive gaming are lacking disciplinary mechanisms typical for traditional sports. We introduce the term dysopticon as a concept where players are not exposed to surveillance like in traditional sports, because of a perceived absence of the players’ physical bodies while competing. This can result in arbitrariness and deviant behaviour but also be an opportunity for inclusion or self-expression regardless of hegemonic corporeal norms and standards. Stakeholders, including players, clubs, associations, and corporations, can build upon these insights to develop and promote esport beneficially for sport and society.

ESG rating assessment of the banking sector

Recently, ESG ratings have become increasingly relevant. They are one of the indicators that allow you to track how much the company pays attention to environmental, social and managerial factors in its activities and what risks it carries. Since ESG presupposes environmental, social, governance, that is, the environmental environment, social policy and management, these components relate to the activities of each economic entity and should be regarded as fundamental in assessing the effectiveness of their activities and the results of their policies. Many people mistakenly believe that ESG factors and their implementation concern only companies in various sectors of the economy engaged in the use of resources and production. However, in reality, these criteria should be implemented for the purpose of sustainable development by all economic entities, including financial institutions and, first of all, banks. In relation to borrowers, banks can use ESG ratings as an additional analysis of the client’s creditworthiness. Thanks to these ratings, banks contribute to strengthening business protection of the environment. If a company actively pollutes the air or throws out waste, does not comply with social and corporate norms and its ESG rating is low, it will be more difficult for it to get a loan from a bank. Similarly, banks that finance the activities of companies with a low ESG rating run the risk of getting the same low ESG rating themselves, which is fraught with undermining the bank’s image and reputation, followed by an outflow of deposits and an increase in the risk of bankruptcy. The article evaluates the ESG rating by various methods and concludes that it is necessary to standardize indicators and universalize ESG rating indicators.

Strategic Change and Quality Management—A Case Study of IPG Asset Solutions Pte Ltd

Key Malaysian real estate industry trends influence fast-growing SME IPG Asset Solutions Sdn Bhd. Because lockdowns affected international trade, supply lines, corporate norms, and entire industries, the COVID-19 pandemic caused an economic disaster. To reduce social, economic, and environmental risks, IPG Asset Solutions should adapt to market changes. Industry growth requires planning. The real estate company will address stakeholder needs and pandemic impacts on real estate markets after COVID-19. The method involves recognizing the change, analyzing its impact, helping people embrace change, defining a vision, and preparing for change. Change leaders, training tools, and employee participation are needed to prepare for resistance. Kurt Lewin’s Change Model helped the real estate business develop and assess change management strategies and tools. IPG Asset Solutions Sdn Bhd provides top-notch marketing solutions using quality control. IPG Asset Solutions’ quality control comprises customer satisfaction, business image, customer perceptions, client management, corporate culture, and motivation. Pareto analysis and process control charts manage quality. Customers, employees, processes, and financial performance assess the SME’s quality control. The assessment’s flaws suggest a quality control program based on quality design and continual quality improvement. Quality control is offline and statistical. Service design begins with offline control techniques to optimize settings, reduce negative consequences, save money, and improve quality. Online control charts must determine statistical control. Statistical process control guides service delivery. Execution and implementation identify successful CSFs. Management should also assess the new system’s need, cost-benefit, resources, and skills. The quality assurance team will check all procedures and suggest changes to enhance quality.

Institutionalisation of social risks of digitalisation of the educational space of universities in the provincial cities of Russia

The article analyses the problem of institutionalisation of social risks of digitalisation of the educational space of universities in the Russian provinces. The risk- generating nature of digitalisation is emphasised, the conclusion about risk as digitalisation systemic element, that includes not only threats, but also significant opportunities for development, is substantiated. The task of managing risk genesis is formulated, the neces sary condition of which is the institutionalisation of risks. The institutionalisation of social risks of digitalisation of the educational space of universities in the provincial cit ies of Russia is interpreted as a system of actions of actors in the educational space taken to prevent undesirable consequences of the risks of digitisation and digitalisation and to use their creative potential, including the establishment of corporate norms and behavioural standards, the definition of structures that ensure their implementation in risk situations. Three main tasks of institutionalisation are considered: definition of norms and rules of risk management; formation of institutions implementing it; development and implementation of corporate standards of behaviour in risk situations.

Article: The Hague District Court’s Judgment in the ‘Climate Case of the Century’: How a Dutch Court Fell Through the Cellar Hatch (Part 1)

To protect the inhabitants of The Netherlands against ‘dangerous climate change’, the Hague District Court (the ‘Court’) in the ‘climate case of the century’ (Milieudefensie v. Shell, 2021) resorted to paradoxical lex ferenda interpretations of Dutch tort law. The court found binding ‘unwritten’ corporate norms in documentation without any legal status, while it acknowledged that the corresponding multitude of demanding ‘written’ (i.e., statutory) norms are nonbinding, do not apply to private entities, and do not reflect custom. In dictating corporate climate policymaking, the court rewrote Dutch tort law, ignored its limits, and expanded it in ways that are not consistent with the Dutch Supreme Court’s rulings. Based on the proposition that CO2 emissions cause ‘dangerous’ climate change, which is not a term used by the Intergovernmental Panel on Climate Change (IPCC), the judgment is a lengthy, but in the end circular argument: there is a duty of care because emission cause danger, and emissions cause danger because there is a duty of care. Milieudefensie’s case was built chiefly on a Dutch tort law case known as the ‘Cellar Hatch’ case. In the Cellar Hatch case, the Dutch Supreme Court first articulated the endangerment doctrine that resembles Learned Hand’s negligence calculus. In Milieudefensie v. Shell, the Hague District Court applied the endangerment doctrine, but constructed a climatespecific version. To enforce the urgent CO2 emission reductions deemed scientifically necessary, the Court circumvented the logical consequences of the applying the Cellar Hatch’s endangerment doctrine by referring to human rights, consensus and the concept of ‘partial responsibility’. The judgment does not fit into the system of Dutch civil law, and reasons away all barriers to imposition of the remedy sought by Milieudefensie, including causation requirements. With the Court’s moral reconstruction of the endangerment doctrine to ‘save the planet’, the Court opened the hatch, and fell into the dark cellar, along with the entire body of Dutch tort law, democracy, the rule of law, the rights and interests of citizens and the economy. In short, based on court-made ‘unwritten’ law, the Court concocted a result-oriented mix of science, law and expanded ‘soft laws’ to find an unlawful act without duly considering its plausible lawfulness and justification, entertained a vague, multi-faceted concept of climate-related damage without carefully examining its coherence, and constructed a causal link between the act and the damage based on the act’s presumed unlawfulness. Ironically, given the way markets work, the court’s judgment may well increase CO2 emissions, and thus not have any favourable effect on the climate, but it will restrict citizen’s rights to participate in public affairs and impose a potentially large burden on the economy. Endorsing perceived consensus around a moral imperative to reduce emissions, the Court did not confirm, but merely assumed the effectiveness of the remedy and ignored its multiple adverse consequences. The reality is that to comply with the court order, in 2030, Shell could simply spin off its fossil fuel business. Regrettably, the court disposed of virtually the complete body of Dutch law to secure a pyrrhic victory for the climate movement that is likely to harm the environment. This article is published in two parts. This is part 1. Part 2 will be published in the next issue of European Energy and Environmental Law Review. Milieudefensie v. Shell, climate change, climate litigation, civil liability, tort law, customary law, duty of care, causation, public-private law interface, concept of damage, trias politica, interest balancing, legal culture