Theses and Dissertations

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Now showing 1 - 10 of 26
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    The Correlation Between Corporate Governance and Corporate Performance: Board Independence
    (2015) Alsunaid, Omar Nabeel
    Board independence is an essential mechanism of corporate governance for stock market listed corporations in most of the world’s countries including the United States and Saudi Arabia. Reforming the requirements of board independence under the corporate governance regulations is a primary demand by many commentators and various stakeholder groups of corporations. While large US listed corporations collapses are still continuing after adopting some reforms, some empirical research shows positive correlation between board independence and corporate performance. Likewise, a current Saudi empirical study shows a positive association between board independence and corporate performance while many Saudi key stakeholders in Saudi listed corporations are requiring more restrictions. This dissertation examines the board independence mechanisms of corporate governance in two different stock exchange countries, the United States and Saudi Arabia. The examination was conducted by analyzing two different empirical studies for each country. For the US empirical studies, the paper uses Bhagat & Black (2001) and Bhagat & Bolton (2013). For the Saudi empirical studies, the paper uses Ghabayen (2012) and Albassam (2014). The paper suggests that US board independence regulations need more reform in the following areas: board independence standards, stock ownership incentives, a corporate reward system to encourage hard work independent director, and the monitoring of independent directors. The Saudi board independence regulations need more reform in the following areas: election process of the independent directors, developing the awareness of the independence concept, becoming a listed corporation, and how to have effective corporate governance practices in Saudi Arabia.
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    Disciplinary Liability for Lawyers in Saudi Arabia
    (2015) Alasmi, Mohammed A.; White, James P.
    The enactment of a disciplinary action in Saudi Arabia was aimed at protecting client interests and safeguarding the integrity of the legal profession. This, however, raises the question of the importance of disciplinary liability for lawyers in Saudi Arabia. The next fundamental questions are as follows: What are the procedures for disciplinary action? What authority is in charge of suing for disciplinary action? Which authority considers disciplinary action? What penalties are imposed during disciplinary action? In what ways can disciplinary-action decisions be appealed? The quintessence of this dissertation is to address the abovementioned issues. First, this dissertation focuses on the legal profession in Saudi Arabia by comparing it with that of Kuwait and the UAE. Second, the dissertation argues what disciplinary liability is and how it should be carried out. As a consequence, it asserts that disciplinary action ought to retain a vital role in regulating violations of the duties and obligations of the legal profession. After demonstrating the need for strengthening disciplinary liability in Saudi Arabia, the dissertation ventures into the explication of disciplinary-action articles in the Code of Law Practice that was issued in 2001. As such, its major focus is on Articles 29–37. These explicate the definition of disciplinary liability, disciplinary procedures, disciplinary-liability punishments, and how to appeal a disciplinary-liability decision. In view of the unique conclusions made in the dissertation, a few recommendations for the future are made.
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    The Legal Causes of Dissolution of Company: A Comparative Study Between Saudi Law, Islamic Law, and Delaware Law
    (2015-11) Almofadda, Bashar Omar; White, James P.
    The objectives of this dissertation are to examine Saudi Arabian company dissolution regulation, by answering the following questions: Is Saudi Arabia dissolution regulation consistent with Islamic Law? Is Islamic dissolution law inconsistent with modern law, such as Delaware law? Should Saudi Arabia dissolution regulation be made consistent with modern law, such as Delaware law? My answers are that Saudi Arabia dissolution regulation is consistent with Islamic Law; Islamic dissolution law has broad general rules that are consistent with modern law; and Saudi Law is old and needs to be modernized. In order to improve Saudi Arabia's dissolution regulation, I propose a new regime that is consistent with Islamic dissolution law and modern standards, such as Delaware law, My proposed regime aims to give maximum consideration to contractual flexibility, clarify ambiguousness, protect the law, support the existence of a company, protect a company's creditors and the transferees of an owner's economic interest, protect owners' interests, protect company's interests, and protect minority stakes.
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    Thailand at the Crossroads: Adopting Stringent Intellectual Protection for Economic Development?
    (2015-12) Bunditwuthisagul, Apinya; Nguyen, Xuan-Thao
    Thailand has immersed itself in the globalized trade and has relied on foreign direct investments for trade and economic development. Thailand has pursued bilateral and multilateral free trade agreements (FTA) with various countries to advance international trade and investments. In the FTA negotiations with the United States and the European Union, these countries have demanded Thailand to expand intellectual property (IP) law regime beyond the international standards required by the World Trade Organization (WTO) under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Thailand needs to maintain trade and investment relationships with the United States and the European Union, yet it is reluctant to accept the stringent IP standards. The Dissertation attempts to examine the impact of a stringent IP regime on Thailand’s economic development. The analysis identifies and focuses on factors that are important to Thailand’s economic growth. The large portion of this Dissertation examines possible impacts of the FTAs with the United States and the European Union on Thailand’s trade and investments as well as the impacts of the stringent IP regime as imposed in the U.S. and the EU FTAs on the public. The Dissertation reveals that stringent IP regime is not an important factor to attract foreign direct investment in Thailand. It also illustrates some detrimental effects stemming from the strict IP standards to the public in Thailand. The Dissertation argues that the strict IP regime in the U.S. and the EU FTAs is not suitable for Thailand’s economic development. As an alternative, the Dissertation proposes that Thailand should expand trade to potential partners in the region, as they are countries that do not require stringent IP standards like China and Southeast Asian countries. The Dissertation also suggests taking advantage of the current IP regime to transform Thailand into a creative economy by developing indigenous knowledge based on foreign technology transfers for sustainable economic development.
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    Exploring Critical Factors that Affect the Application of Specific Performance as a Remedy for Breach of Contract in American and South Korean International Business Transactions
    (2015-12) Cho, Gug Hyeon; Nehf, James P.
    In an ideal international business transaction, all parties involved would be familiar with the remedies available under the laws of foreign countries if they govern the validity and construction of the agreed-upon contract. But this is not often the case. In reality, with a noticeable increase of international business contracts, performance barriers impede the achievement of a contract's goals. Because of that, it is necessary to remove existing barriers or obstacles in order to enhance contract performance. This dissertation will comparatively evaluate three "critical factors" that affect the application of specific performance as a remedy for breach of contract in the United States and South Korea. This requires a grasp of the differences in legal systems (common law versus civil law), legal culture in the U.S. and South Korea, and the application of specific performance in each nation. As a whole, this dissertation suggests that law should be treated as a broader conception of culture. To be effective, legal personnel who cross national borders to establish contracts must have a vision that encompasses more than just an experience with law in a particular legal environment. They must be able to navigate the cultural peculiarities that color each nation's legal system. The critical factors as discussed in this paper serve as lenses through which all aspects of law must be perceived and as gateways of understanding through which every comparative legal scholar or attorney must pass to access the meaning of "foreign" law.
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    Reasons for Dual Nationality in Saudi Arabia and the United States Legal Systems: Problems and Solutions
    (2016) Balbead, Abdullah Omar; White, James P.
    The purpose of this study is to determine the legal reasons, problems, and solutions for dual nationality in both the Kingdom of Saudi Arabia and the United States. The researcher will examine how a person may hold more than one nationality in the Kingdom of Saudi Arabia and the United States through an analysis of nationality laws in both countries. In addition, this dissertation will explore various problems that may face the person who holds more than one nationality. Finally, potential solutions will be provided that can mitigate such problems with dual nationality.
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    Commercial Arbitration and the Possibility of Its Application to Online Form in Saudi Arabia and in Light of International Conventions and ODR Experiences in the United States: Challenges and Suggestions
    (2016) Almushaigeh, Mohammad; White, James P.
    With the new arbitration system in Saudi Arabia and current advancements in technology, specifically in Internet technology, some traditional activities have been replaced, and even the legal aspects of business have also been penetrated by the new advances in information technology. One of these is in the area of international commercial arbitration. Currently, some multinational companies seek to resolve their disputes through electronic arbitration and mediation. Hence, this dissertation looks at the potential success of Saudi commercial law and the application of traditional commercial arbitration to an online format in Saudi Arabia. According to the research that this dissertation has made, there are factors that exactly determine the success of traditional commercial arbitration and its application in online form in Saudi arbitration and in light of international conventions. The first that the general provisions and principles of commercial arbitration should remain. Next is that both parties involved should understand the content and procedures of arbitration. Finally, the necessary principles and procedures in traditional arbitration should be translated into electronic means successfully. In this regard, the parties should determine which kinds of adaptions will ensure the spontaneous procedure of the arbitration.