Piercing the corporate veil for environmental torts in Mauritius: a comparative study

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ambareen Beebeejaun
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Decision Makers ◽  
Legal Concept ◽  
Content Type ◽  
The Usa ◽  
Piercing The Corporate Veil ◽  
The Veil ◽  
A Company ◽  
Environmental Crimes

Purpose The corporate veil or veil of incorporation is a legal concept that separates the legal and juristic personality of a company from its members, directors and other stakeholders. Indeed, common law has provided for numerous circumstances in which the corporate veil of a company may be lifted, and courts rely on these case law precedents to determine the grounds for lifting the corporate veil. However, there is limited case law regarding environmental torts as a ground for lifting the veil of incorporation and there is no legal provision in Mauritius which recognises environmental crimes as an exception to corporate veil. Consequently, this paper aims to discuss the liability of decision-makers of a company in the case of corporate environmental wrongdoings and thereafter, to present a case for amending Mauritius laws to give recognition to environmental torts as a ground of lifting the corporate veil. Design/methodology/approach This paper has adopted the black-letter approach and the comparative research methodology. The laws of Mauritius on corporate veil will be compared to the related laws of the USA and Canada with the view of seeking recommendations for Mauritius, as these countries are known to have an extensive legal framework on environmental crimes as a ground to lift the corporate veil. Findings It is concluded that it is high time for Mauritius to adopt a separate manslaughter law that would incorporate crimes committed to the environment by corporate bodies as a ground for lifting the corporate veil and thereby attacking individual stakeholders concerned. Originality/value This study is among the first researches conducted in the field of environmental torts as a ground for lifting the corporate veil in Mauritius.

Medical treatment and best interests: judicial interpretation of values, wishes and beliefs under the Mental Capacity Act 2005

2020 ◽  
Vol 22 (3) ◽  
pp. 165-173
Author(s):  
Owen P. O'Sullivan
Keyword(s):  
Medical Treatment ◽  
Clinical Decision ◽  
Case Law ◽  
Decision Makers ◽  
Best Interests ◽  
Content Type ◽  
The Supreme Court ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
The Uk

Purpose The prominence of the best interests principle in the Mental Capacity Act 2005 represented an important transition to a more resolutely patient-centred model regarding decision-making for incapable adults (“P”). This paper aims to examine the courts’ consideration of P’s values, wishes and beliefs in the context of medical treatment, reflect on whether this has resulted in a wide interpretation of the best interests standard and consider how this impacts clinical decision makers. Design/methodology/approach A particular focus will be on case law from the Court of Protection of England and Wales and the Supreme Court of the UK. Cases have been selected for discussion on the basis of the significance of their judgements for the field, the range of issues they illustrate and the extent of commentary and attention they have received in the literature. They are presented as a narrative review and are non-exhaustive. Findings With respect to values, wishes and beliefs, the best interests standard’s interpretation in the courts has been widely varied. Opposing tensions and thematic conflicts have emerged from this case law and were analysed from the perspective of the clinical decision maker. Originality/value This review illustrates the complexity and gravity of decisions of the clinical decision makers and the courts have considered in the context of best interests determinations for incapacitated adults undergoing medical treatment. Subsequent to the first such case before the Supreme Court of the UK, emerging case law trends relating to capacity legislation are considered.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

Wooing the new Chinese businesses: five short-term policies to attract direct investment

2016 ◽  
Vol 37 (5) ◽  
pp. 3-11 ◽  
Author(s):  
Bala Ramasamy ◽  
Matthew Yeung
Keyword(s):  
Direct Investment ◽  
International Investment ◽  
Business Environment ◽  
Decision Makers ◽  
Location Factors ◽  
Policy Makers ◽  
Content Type ◽  
Economic Relationships ◽  
Chinese Companies ◽  
The Usa

Purpose The purpose of this paper is to identify location factors that Chinese managers look for when making internationalization decisions and how the factors stack up in perceived importance. Over the past ten years, Chinese enterprises have become more multi-national in nature. China’s outward foreign direct investment (FDI) has been growing at a phenomenal rate. In 2012, China became the third largest investor, after the USA and Japan; and the largest investor among developing countries. How can host governments attract more of this Chinese capital? What are some short- to medium-term policies that host governments can initiate to make their respective nations attractive to Chinese companies? Design/methodology/approach The authors consider these questions by using a best-worst choice exercise among 114 senior corporate decision makers of Chinese companies who have or are planning to globalize. We rank 16 most common determinants that influence FDI location choice and evaluate their degree of importance. Findings The authors propose five “low hanging fruits” that policy makers should consider that could ensure their countries come within the radar of Chinese multi-nationals. These include promoting a clean and efficient business environment and strengthening/establishing political and economic relationships with China. Originality/value The originality of this study lies in the methodology of the study that forces respondents to make a trade-off in their decisions, which in a way is closer to reality. The respondents are also actual decision makers in their companies with regards to international investment decisions.

Money laundering control in Tanzania

2019 ◽  
Vol 22 (4) ◽  
pp. 796-835
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Case Law ◽  
Legal Framework ◽  
Law And Literature ◽  
Policy Documents ◽  
Content Type ◽  
Enabling Environment ◽  
Banking Institutions ◽  
Political Economic

Purpose This paper aims to examine how banks in Tanzania have been vulnerable to money laundering activities and how the banking institutions have been implicated in enabling or aiding the commission of money laundering offences, and highlights the banks’ failure or inability to prevent, detect and thwart money laundering committed through their financial systems. Design/methodology/approach The paper explores Tanzania’s anti-money laundering law and analyzes non-law factors that make the banks exposed to money laundering activities. It looks at law-related, political and economic circumstances that impinge on the banks’ efficacy to tackle money laundering offences committed through their systems. The data are sourced from policy documents, statutes, case law and literature from Tanzania and other jurisdictions. Findings Both law-related and non-law factors create an enabling environment for the commission of money laundering offences, and this exposes banks in Tanzania to money laundering activities. Some banks have been implicated in enabling or aiding money laundering offences. These banks have abdicated their obligations to fight against money laundering. This is attributed to the fact that the banks’ internal anti-money laundering policies, regulations and procedures are inefficient, and Tanzania’s legal framework is generally ineffective to tackle money laundering offences. Originality/value This paper uncovers a multi-faceted nature of money laundering affecting banks in Tanzania. It is recommended that Tanzania’s anti-money laundering policy should address law-related, political, economic and other factors that create an enabling environment for the commission of money laundering offences. Tanzania’s anti-money laundering law should be reformed to enhance its efficacy and, lastly, banks should reinforce their internal anti-money laundering policies and regulations and policies.

scholarly journals Legal framework challenges to e-banking in Tanzania

2019 ◽  
Vol 3 (2) ◽  
pp. 101-110
Author(s):  
Charles Ishengoma Kato
Keyword(s):  
Comparative Analysis ◽  
Best Practice ◽  
Banking Sector ◽  
Legal Framework ◽  
Electronic Banking ◽  
Content Type ◽  
Legal Challenges ◽  
The Usa ◽  
Information And Communication ◽  
International Instruments

Purpose This paper aims to examine the legal challenges to electronic banking and initiatives taken to address them in Tanzania. It is based on the results of a comparative analysis of policies and laws of other countries from which Tanzania can pick a leaf on how to deal with challenges brought by information and communication technology-induced innovations in the banking sector. Design/methodology/approach The study upon which this paper is based employed comparative analysis methods by analysing different policies and laws of Tanzania in line with attendant laws of other jurisdictions such as the USA, Malaysia, South Africa, Rwanda and Kenya and international instruments in a bid to establish the best practice pertaining to controlling and containing legal challenges brought by developments in electronic banking. Findings This paper confirms that, the prevailing laws guiding electronic banking in Tanzania do not adequately address the challenges the banks and customers face during electronic banking transactions. Thus, there is a need to amend the Tanzanian laws guiding this sector to put in place legislation capable of facilitating the development of electronic banking whilst addressing the associated challenges the users encounter. Originality/value This paper underscores the value of amending existing or enacting new laws in line with the development of technology/innovation to protect consumers in nascent electronic banking of the country. Moreover, it advocates for the development of innovation in banking sector should not be left to grow without amending/enacting laws that will promote its development and at the same time protect the users to avoid far-reaching and often unpleasant implications.

Integrated management structure for cultural heritage in Palestine

2015 ◽  
Vol 5 (3) ◽  
pp. 224-247 ◽  
Author(s):  
Ziad M.M. Shehada ◽  
Naziaty Mohd Yaacob ◽  
Nila Inangda Manyam Keumala
Keyword(s):  
Cultural Heritage ◽  
Integrated Management ◽  
Field Investigation ◽  
Decision Makers ◽  
Cultural Resources ◽  
Content Type ◽  
Management Structure ◽  
Native Culture ◽  
Important Approach ◽  
The Usa

Purpose – The purpose of this paper is to develop an integrated management structure for the identification and evaluation of Palestine’s heritage, although the unending Israeli occupation poses a huge, multi-faceted constraint. Necessarily, the approach chosen considers aptly the local culture, values, dynamics and context, assimilating the significance of a broader range of different, diverse historical and cultural resources with a variety of meanings, tangible and otherwise, across various sections of the population. Design/methodology/approach – A multi-technique strategy emphasized the combination of between-technique triangulation in the implementation to enhance and improve substantially the related internal legitimacy of the investigation. A thorough exploration was executed via field investigation survey, meetings with the local communities and conservation questionnaires. Equally useful was the second method employed to gain valuable information on the transformation of conservation activities in highly diverse geological and cultural cases in the USA, France and Egypt. Findings – This research consequently produced a much needed, important approach for the recognition, assessment and administration of Palestine’s ancient cultural assets with respect to native culture, standards, non-static aspects and boundaries. Originality/value – The study assists the authorities and decision makers in developing mechanisms for the management of the cultural heritage that would stop the expansion of Israeli settlements as a form of non-violent resistance.

scholarly journals Environmental liabilities in insolvency – an area ripe for reform?

2016 ◽  
Vol 8 (3) ◽  
pp. 243-268
Author(s):  
Blanca Mamutse
Keyword(s):  
Case Law ◽  
Policy And Practice ◽  
Environmental Liabilities ◽  
Content Type ◽  
Legislative Reform ◽  
Perceived Need ◽  
Real Picture ◽  
The Uk ◽  
The Impact ◽  
A Company

Purpose The paper aims to examine the question whether legislative reform is the silver bullet for the problems generated by the failure of a company which is exposed to claims arising from the non-fulfilment of its environmental obligations. The limited capacity of the UK insolvency regime to facilitate the fulfilment of a debtor company’s environmental obligations is often illustrated with reference to some significant judicial decisions. However, no real picture has emerged of the frequency with which these issues arise, based on which firm proposals for reform could be advanced. This paper argues that greater regard should be paid to existing mechanisms which provide a means of enabling insolvency risks to be managed or minimised because these point towards the scope for these issues to be resolved through the environmental protection framework rather than through reliance on company and/or insolvency law. Design/methodology/approach Research was conducted into the statutory and non-statutory regulations (such as statutory guidance) and case law principles, which underpin the treatment of the claims against an insolvent (or potentially insolvent) company resulting from its environmental activities. This included research into policies which have a bearing on this area, developed through governmental and civic consultations and studies. Findings The paper concludes that the likelihood of a case for legislative reform being made out is weak, and the focus should accordingly shift to strengthening the effectiveness of existing law, policy and practice. Originality/value This paper is the first (in the UK context) to challenge the perceived need for reform in this area, engaging with recent examples of such corporate failures and the impact of recent legislative and policy developments.

Reviewing the status of corporate social responsibility (CSR) legal framework

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
George E. Halkos ◽  
Stylianos N. Nomikos
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Legal Aspect ◽  
Detailed Examination ◽  
Legal Framework ◽  
Future Research ◽  
Content Type ◽  
The Usa ◽  
Voluntary Character ◽  
Corporate Social

PurposeThis paper reviews and analyzes the corporate social responsibility (CSR) legal framework worldwide, discussing the new CSR definition which comprises legal features and debates for and against CSR validation. The work contributes in linking CSR and corporate laws by considering the legislative approaches worldwide.Design/methodology/approachCSR has mostly a voluntary character whilst it entails a normative condition attributable to social and market demands. A detailed examination of CSR worldwide is presented paying attention to international CSR legal framework in Europe, USA, Asia, Africa and Australia. Arguments for and against CSR legalization are studied.FindingsThe authors show that more regulations have to be launched mainly concerning the consequences of corporations' activities impacting the environment. Governments should promote CSR and relative encouragements focusing on a win-win state of affairs for companies.Research limitations/implicationsIt seems that in the future, more regulations will be established particularly concerning the effect of companies' activities toward the environment. Little research has been conducted on the legal aspect of CSR; therefore, future research should focus on this, providing new insights. Analysis in sector level will be helpful and instructive.Practical implicationsMany further disputes have to be worked out to set up and support arrangements which will direct and observe conversions into sustainable, habitable and low pollution.Originality/valueThe authors examine and discuss in details CSR schemes around the world concentrating to the international CSR legal framework in Europe, the USA, Asia, Africa and Australia. At the same time, the authors study the arguments for and against CSR legalization.

Protection of shareholders class rights in company law

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Anthony Nwafor
Keyword(s):  
South African ◽  
Case Law ◽  
Company Law ◽  
The South ◽  
Content Type ◽  
The Law ◽  
The Uk ◽  
Class Rights ◽  
A Company ◽  
Business Challenges

Purpose A company that is registered with share capital may issue different classes of shares and may confer rights on members, which place them in different classes in the company’s organisational structure. This paper is concerned with the propensity for encroachment on such vested class rights as companies strive to wriggle out of business challenges spawn by the COVID-19 pandemic. The purpose of this study is to ascertain the extent of protection that the law accords to the different classes of shareholders and members in a company especially when the company seeks to vary the vested class rights. Design/methodology/approach A doctrinal methodology, which relies on existing literature, case law and statutory instruments, is adopted to explore the nature of class rights and the adequacies of the remedial measures availed by statute to the aggrieved bearers of class rights in the context of the South African Companies Act 71 of 2008 with inferences drawn from the UK companies statute and case law. Findings The findings indicate that accessing the remedies available to aggrieved shareholders under the relevant statutory provisions are fraught with conditionality, which could make them elusive to those who may seek to rely on such provisions to vindicate any encroachment on their class rights. Practical implications The paper embodies cogent information on the interpretation and application of the relevant statutory provisions geared at the protection of shareholders class rights, which should serve as guides to companies and the courts in dealing with matters that affect the vested class rights of shareholders and members of a company. Originality/value The paper shows that protections offered to classes of shareholders under the law can also be extended to classes of members who are not necessarily shareholders, and that shareholders who seek to vindicate their class rights may conveniently rely on Section 163 that provides for unfair prejudice remedy to avoid the onerous conditions under Section 164 of the South African Companies Act 71 of 2008, which directly deals with class rights.

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