Tulane Law Review
Mark J. Loewenstein, Stakeholder Protection in Germany and Japan, 76 Tul. L. Rev. 1673 (2002), available at http://scholar.law.colorado.edu/articles/556.
This Essay considers the stakeholder debate in the context of the German and Japanese legal systems. Although, nominally, corporations in those countries must operate in the interests of shareholders, in fact nonshareholder constituencies have considerable influence on corporate decision makers. Of equal importance, weak securities markets and ineffective or nonexistent legal protections for shareholders are also important factors in strengthening the position of nonshareholder constituencies and freeing directors to consider their interests. Thus, the stakeholder debate is more of an issue in the United States and Britain, where more shareholder-centic models flourish.
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