1st Edition

The Law and Governance of Decentralised Business Models Between Hierarchies and Markets

Edited By Roger M Barker, Iris H-Y Chiu Copyright 2021
    340 Pages 5 B/W Illustrations
    by Routledge

    340 Pages 5 B/W Illustrations
    by Routledge

    This book draws together themes in business model developments in relation to decentralised business models (DBMs), sometimes referred to as the ‘sharing’ economy, to systematically analyse the challenges to corporate and organisational law and governance.

    DBMs include business networks, the global supply chain, public–private partnerships, the platform economy and blockchain-based enterprises. The law of organisational forms and governance has been slow in responding to changes, and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon of decentralised business models driven by transformative technology and new socio-economic dynamics. They argue that principles underlying the law of organisations and governance, such as corporate governance, are crucial to constituting, facilitating and enabling reciprocality, mutuality, governance and redress in relation to these business models, the wealth-creation of which subscribes to neither a firm nor market system, is neither hierarchical nor totally decentralised, and incorporates socio-economic elements that are often enmeshed with incentives and relations.

    Of interest to academics, policymakers and legal practitioners, this book offers proposals for new thinking in the law of organisation and governance to advance the possibilities of a new socio-economic future.

    1 Introduction

    Roger M Barker and Iris H-Y Chiu

    2 Decentralised Business Models and the Role of the Law of Organisations and Governance

    Iris H-Y Chiu

    3 Three Approaches to the Governance of Decentralised Business Models: Contractual, Regulatory and Technological

    Roger Brownsword

    4 The Organisational and Governance Needs of Networks

    Roger M Barker

    5 Towards Sustainable Supply Chain Networks: Mandatory Human Rights Due Diligence as a New Governance Tool?

    Andreas Rühmkorf

    6 Public–Private Partnerships and the Role of the Law of Organisations and Governance

    Roger M Barker and Iris H-Y Chiu

    7 the Platform Economy and the Law of Organisations and Governance

    Iris H-Y Chiu

    8 Social Enterprise Law In the Platform Economy

    Nina Boeger

    9 Blockchain Technology-Enabled Business Arrangements

    Iris H-Y Chiu and Alexandra Schneiders

    10 Conclusion: Improving the Resilience and Accountability of Decentralised Business Models

    Roger M Barker and Iris H-Y Chiu

    Biography

    Roger M Barker is Director of Policy and Corporate Governance, Institute of Directors, UK, and Honorary Associate, Centre for Ethics and Law, University College London.

    Iris H-Y Chiu is Professor of Corporate Law and Financial Regulation, Faculty of Laws, University College London.