The laws and governance arrangements that apply to research vary depending on the type of research, the participants involved, how it is funded, and where in the UK it is undertaken. If you are unsure about how the law applies in a particular situation, you should consult your defence body or professional association, or seek independent legal advice.
supervision, retention, disposition, legal hold and discovery.
Microsoft Office SharePoint Server – This comprehensive content management and enterprise search platform is quickly emerging as the solution of choice for many mid-size and large organizations, enabling employees to collaborate efficiently with team members, manage content and workflows, share business intelligence, manage and implement business processes and forms, and search for enterprise information. It is also an easy-to-use platform for the creation of personal portals to share information with other employees. CA Information Governance simplifies and extends SharePoint to meet the complex Information Governance require- ments of document retention and lifecycle management, legal hold and discovery with a true federated records approach.
carrying out day-to-day activities by gradually taking over first-level responsibility for incoming requests for advice;
supporting the review of the relevant ECB’s legal framework with a view to checking coherence of provisions on dedicated ethical and/or governance topics.
Taking into consideration the differences in common law and civil law legal origins, our opinion is that civil law weaknesses in legal investor protection and consequently less developed financial markets may be compensated by reduced informational costs due to the large shareholdings. Smaller and less liquid financial markets, and developed financial markets serve better different purposes. For example, countries with better developed financial systems, have superior growth in capital intensive sectors because these sectors naturally rely on external finance 53 . Also, the preliminary empirical evidence on performance of different governance models in Italy, confirms 54 that some models perform better in some sectors. Family and coalition control perform slightly better in traditional and specialization sector. Group control performs well in high technology sectors where large investments are needed. This is the evidence that firms organized in groups are less financially constrained. Also, it means that pyramidal group control substitutes financial institutions. Another question, regarding the relationship of legal rules, corporate finance and capital markets, is whether financial markets are developed according to investment needs of the economy sectors or economy sectors are developed according to the available access to financial markets.
ABSTRACT. Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience.
We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship.
An effective national legal and policy framework that incorporates environmental protection in every decision making process is necessary for sustainable environmental governance. 18 Such an Act should incorporate the elements of sustainability in order to ensure reduction in environmental harm and to protect the natural resources to enable them to provide the necessary support mechanism needed to maintain a good quality of life for all. Such an Act should make it mandatory to give proper consideration to both long term and short term economic, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement. The adoption of a national framework that will build upon and harmonize the various sectoral economic, social and environmental policies and plans that are in operation in Nigeria in accordance with the requirement of Agenda 21 19 is imperative if environmental sustainability is to be achieved. National regulatory framework that strives to integrate environmental considerations into private sector investment, coupled with capacity to execute effective enforcement are therefore needed in Nigeria.
These two cases illustrate the difficult process of implementation of Land Claims Agreements and the complex governance setting in Nunavut, where the public government (the government of Nunavut) and an Inuit organisation (Nunavut Tunngavik Inc.) are both involved in the governance of the territory, a situation which has been characterised as a horizontal governance system (Loukacheva 2007; Rodon 2014) creating the potential for conflict in various areas. This is the case in the offshore hydrocarbon resources area where public authority at the federal and regional level and indigenous organisations are involved in the governance process. In these arrangements, various interests but also legal systems interact, pertaining to the rights of indigenous peoples, constitution law and administrative law, civil law, realising vertical but also horizontal legal pluralism, and contributing to a complex governance setting of offshore oil and gas activities.
The commercial adoption of social networking technologies, such as Facebook, and the rapid adoption of alternative IT supply models, such as software as a service (SaaS) and cloud services, increase the risk of reputation and regulatory risks arising from the misuse or negligent management of personal and corporate information. Notably, social media compliance and enterprise Internet reputation management have been added to the Hype Cycle to address these issues. Risks increase even further when there is a failure to produce that information at the request of law enforcement agencies, regulators or requesting parties in a lawsuit. The cost of legal discovery actions can run into the millions of dollars, and the improper or unauthorized use of intellectual property can put entire business models at risk — for example, the transformation of the music recording industry that's resulted from file sharing. The ongoing overhaul of the financial system's regulatory structure is leading to more-direct oversight, as well as a need to respond rapidly to regulators' information demands. In addition, companies that do business internationally, no matter where they are headquartered, are subject to an increasing number of cross-border regulations and/or regulations that conflict with one another in different political domains. As these litigation, regulatory and IT services trends continue, the hype around information governance in the context of risk management will grow.
CEPSA Legal Documents and Corporate Governance Report
specifications and regulating the use of certain bio-fuels and the sulfur content in specific marine fuels; RD 679/2006, of June 2nd, regulating used oils management; RD 1370/2006 of November 24th, which approves Spain’s GHG emission trading allowances for 2008-2012; EU Council Decision of October 14, 2004, regarding the signature, on behalf of the European Community, of the Stockholm Convention on Persistent Organic Pollutants; European Directive 2008/1EC, passed by the European Parliament and Council on January 15, 2008, concerning integrated pollution prevention and control (IPPC); Act 26/2007 of October 23rd on environmental responsibility which transposes Directive 2004/35/EC of the European Parliament and Council of April 21, 2004; RD 2090/2008 of December 22nd approving Regulations that partially develop the aforementioned Act; RD Law 1/2008 on environmental risk assessment and Act 34/2007 on air quality and atmospheric protection.
Bahrain aims to establish an efficient capital market and appears to have taken statutory as well as voluntary steps to implement good corporate governance. However as outlined in this Paper changes must be made to better implement standards of corporate governance in line with the OECD Principles. It is important to finalize and to issue the code of corporate governance of the Kingdom of Bahrain that has been drafted by the National Committee for Corporate Governance. If passed, the Draft Commercial Companies Law will make it a legal obligation for public companies to establish and adopt written corporate governance guidelines consistent with those of the code. The CBB Rulebook also provides for the implementation of the corporate governance principles in financial companies and listed companies.
As an emerging area of international financial activities, cross-border securitization intensely embodies the trend of international financial law. States still play significant supervisory and guiding roles in cross-border securitization area, but by devising transaction structures or formulating general financial standards, professional intermediate agencies such as lawyers, securities rating agencies and accounting standards setting bodies, not only influence existing the effects of domestic or international law, but also dominate the formation of cross-border securitization rule system. In this regard, by using private governance theory, author want to probe the roles of private persons or private agencies in cross-border securitization area, stressing the legal process how private professional intermediate agencies contribute to the formation of cross-border securitization rule system and corresponding normative issues. This dissertation is constructed into five chapters as corpus, in addition to Introduction and Conclusion.
Fernanda Lacayo obtained her Law Degree in Universidad Americana (UAM), and has postgraduate studies in Corporate Law from UAM. Fernanda joined the Corporate Department of Arias & Muñoz in 2007. She has participated in legal due diligences of national companies, she has provided day to day legal advice to national clients, advised clients in the establishment of free trade zones, she has led and participated in real estate transactions, and she has helped in structuring corporate governance and management body of a company.
The second legal framework for the governance of the share company is the memorandum and article of associations which are derived from the Commercial code and work under its ambit. In addition to the Commercial code and memorandum and article of associations, various Proclamations, Regulations, Directives, Codes, Memorandum and articles of Associations, procedures and guidelines have been issued by legislators, regulators, board of directors and management of the share company at different times to cope up with the political, economic and social development of the global, national and specific conditions at company level. For example, in addition to the commercial code, the Ethiopian Parliament has enacted Proclamations No. 592/2008 to provide for banking business which empowers National Bank of Ethiopia to regulate the financial sector and the ability to issue directives and accordingly the National Bank of Ethiopia has issued 61 directives up to 2014 for banking business only. Insurance Companies by Proclamation No. 746/2012, Micro Finance Institutions by Proclamation No. 626/2009, and Public Enterprises are governed by Proclamation No. 25/1992. Hiring, managing, occupational Safety, Health and Working Environment, and firing of human resources of share companies are governed by Labor Law, Proclamation No. 377/2003(as amended). Ethiopia has also promulgated a Proclamation on Trade Competition and Consumers Protection (Proclamation No. 813/2013) which shall apply to any commercial activity or transaction in goods or services conducted or having effect within the Federal Democratic Republic of Ethiopia(Art.4 of the this proclamation) but no requirement is provided for the reporting of the corporate governance issues in this regard on the annual reports of companies.
The externalization of border and migration policies has become the central policy framework for the governance of international migration for the European Union, with implications for its wider region, especially for countries such as Turkey. Dealing with socio-legal implications, this article has discussed that the emergence of differentiated legal status amongst migrants and refugee groups have been one outcome of externalization measures in Turkey and that this process was embedded within a technocratic approach to migration governance despite recent politicization. The article has demonstrated that the symptoms of “ multi-layered governance regime ” or “ differ- entiated inclusion ” as raised by recent scholarship on Turkey were already there before the Syrian refugee situation erupted. The conceptual part has laid out that emerging (multi-layered) migration governance in Turkey need to contextualized and conceptual- ized as an extension of control and humanitarian dynamics of border externalization that had already started in early 2000s. The empirical parts provided an overview of mi- gration governance in Turkey highlighting the changes and continuation in dynamics of governance over three distinct periods of externalization since the early 1990s.The empirical analysis has provided evidence that certain aspects of externalization in terms of migration governance have been procedurally internalized without too much atten- tion to their socio-legal implications.
These approaches represent ad hoc ‘governance from below’ responses, which are gaining considerable momentum, but which are regarded by some as ‘too timid a remedy’ 91 for global challenges that may require robust and orchestrated responses from the majority of states. However, regardless of their overall potential for impact, NSMD initiatives represent a particular type of leadership, which is pertinent to the development of ‘macro’ legal analysis within scholarship relating to GEG. This is because some of the NSMD schemes show an understanding that encompasses not only the failings of environmental law but also the importance of other legal disciplines, such as trade law and corporate law, to environmental outcomes. For example, the FSC certification scheme recognizes that the absence of trade law that would halt trade in certain types of timber and responds with measures that de facto create trade rules for
law firms were eventually allowed limited, but nevertheless important p unity is continuously debated. The Commission on Global Govern- ance identified the creation of a global civil ethic based on shared values as vital for ensuring the quality of global governance.116 Yet to what extent is there a global civil ethic with respect to legal profession- als? The closest to a global ethical code is the IBA’s Code of Ethics, which deals with problems relating to professional privilege, informa- tion relating to fees, specialization and advertising, and protecting the legal services consumer.117 It is formally voluntary, but the IBA is the only organization that even purports to represent all lawyers—although like most organizations that purport to be universal, the IBA’s actual membership is skewed toward elite lawyers.118 Even with respect to this group, however, it is far from clear that BRICS corporate lawyers are fully equal members in the IBA. To answer this question and determine whether the corporate elite in the rising powers are primarily rule- makers as opposed to rule-takers, it would be necessary to investigate to what extent lawyers from these countries have promoted the IBA’s code and have been proactively engaged in shaping it. Alternatively, to what extent do lawyers from the BRICS push for different codes or provi- sions, and do their international efforts trickle up to the global level?
Investors now started considering corporate governance as very essential factor before investment especially in view of the unstable environment in the securities market. It is considered that good corporate governance inspires, strengthens and maintains investor’s confidence by ensuring company’s commitment to higher growth and profits. Corporate Governance has become a major concern for global economies particularly the transition world. Sound corporate governance is extremely important for transition economies for creation of the key institutions, the private corporations, which drive the successful economic transformation to a market based economy, effective allocation of capital and development of financial markets, attracting foreign investment and making a contribution to the process of national development. The Corporate Governance issue has emerged primarily because of the growing importance of corporations in the national economies and their interaction with the international agencies and institutions. This paper presents the current scenario of corporate governance in India, the evolving legal framework and identified the major issues and challenges that need to be addressed to implement an effective system of corporate governance in India.
ineffective, while laws described as ill-defined from a Western perspective seem to lower transaction costs by a significant margin.
Our cursory analysis demonstrates that a focus on formal norms would inadequately capture the directions and qualities of legal change. The case of China’s emerging corporate governance system illustrates the complexities of legal change, which call for an institutional approach covering the distinct elements that jointly shape and constrain human behavior. The political economy of law reforms has illustrated that China’s Company Law and Security Law reflect the prevailing power balance and persistence of socialist and anti-market sentiments. Complementary institutions and persisting informal norms weaken the limited power of independent shareholders and stakeholders. The de facto system of corporate governance is thereby further removed from the Anglo-American model of corporate governance than a narrow legal comparison would suggest. Low profitability, insider control, and low dividend payments, among other things, support our analysis that there are not yet reliable control mechanisms in place to sanction management malfeasance and thus address weak performance. 89
That is a natural bridge to this Article’s main goal of exploring Omnicare through the lens of corporate governance and fiduciary responsibility. 11 Part IV addresses this issue. Arguably, Omnicare made a poor legal decision in its contracting practices. Federal securities law cases challenging disclosure about legal compliance are common in the aftermath of a big corporate penalty for a violation of federal or state law. 12 Derivative lawsuits are brought under state corporate law in the same circumstances, complaining that the board of directors failed to prevent the wrongdoing through inadequate monitoring. In Delaware, these so-called “Caremark cases” 13 have dwindled in importance because the Delaware courts have made them extremely difficult for shareholders to win on the merits, insisting on proof that the directors acted in bad faith. 14 There are many interesting connections between these two lines of cases despite—or maybe because of—their different trajectories. There is also a growing perception from a variety of other authorities—the Justice Department, the SEC, and other financial regulatory agencies—that boards of directors must become more deeply involved in legal and disclosure quality control in any event. 15