Irene-Marie Esser

Corporate Governance: Soft Law Regulation and Disclosure—The Cases of the United Kingdom and South Africa

Corporate governance and regulation are intrinsically linked. One formulation of that relationship frames is as follows: Regulation should begin with strong corporate governance. It is the role of shareholders and boards to scrutinise and ensure that their companies are being led in the right direction over the long term. Encouraging transparency, accountability and long-term stability will promote healthy long term growth … Another reason why regulation should begin with strong corporate governance is that it establishes a norm on which the regulation can rest. The most effective regulation follows social mores. The purpose of corporate governance is to facilitate effective, entrepreneurial and prudent management that can deliver the long-term success of the company. Corporate governance is about what the board of a company does and how it sets the values of the company.