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Adopting a critical multijurisdictional approach to charity law, this thought-provoking book provides a comprehensive analysis of the challenges facing charitable organisations. Exploring the contrasting approaches to charity governance and regulation in both common law and civil law jurisdictions, the book imparts practical guidance for a vast array of stakeholders in the charity law field.Rosemary Teele Langford brings together unique perspectives from a diverse range of eminent scholars across the globe, presenting invaluable insights on charity governance and regulation from multiple jurisdictions such as England and Wales, Australia, Germany, Korea and Japan (to name a few). Using a comparative methodology, the book delves deeply into a number of important issues relating to charity governance and regulation that transcend national boundaries. Key themes include the nature of charity accountability, the importance of trust and transparency, the refocusing of charity governance duties, the evaluation of charity law frameworks and regulatory approaches, and a forward-thinking appraisal of legislative reforms.Perceptive and progressive in approach, this book will inspire future scholarly discourse and will prove invaluable to academics, practitioners, regulators, charity leaders, policymakers and students across a number of jurisdictions.
Edited by Rosemary Teele Langford, Harold Ford Professor of Commercial Law, Melbourne Law School, The University of Melbourne, Australia
Contents:Foreword viiiIntroduction to Governance and Regulation of Charities:International and Comparative Perspectives 1Rosemary Teele Langford1 An Examination of Charity Accountability: To Whom,and How Can We Make It Better? 17Debra Morris2 Charity Regulation in an International Context 42Matthew Turnour3 The Conditions for Purpose-Based Governance 66Matthew Harding4 Designing an Optimal Charities Framework 83Sue Barker5 A Tale of Two Jurisdictions: Critical Reflections onCharity Law and Regulation in Australia and England & Wales 108Danielle Mawer6 Rethinking the State Regulation of Charities: A HongKong Perspective 133Rebecca Lee7 Governance and Regulation of Nonprofit Organisations inGermany: Insights and Suggested Reforms 157Birgit Weitemeyer8 Charity Governance in Japan: Past Reforms and Current Debates 184Masayuki Tamaruya9 Governance and Regulation of Charitable Trusts in Korea:Insights and Implications 208Kye Joung Lee10 Regulating the Investment Activities of Australian Charities 228M Scott Donald and Ashton Cook11 ‘All for One, One for All, Until…’: Tensions in IndividualAccountability and Board Responsibility 252Jackie Bettington
‘Governance and regulation of charities is a dynamic field that is rapidly changing on the ground and in scholarship. This work critically appraises the shifting ground of charity reforms in multiple jurisdictions and points to plausible understandings of these developments and where they are destined to lead us.’