Journal of Corporate Governance and International Business Law

Role of Independent Directors in Corporate Governance: An Appraisal of the Relevant Provisions of Companies Act 2013

2023-12-16T06:52:50+00:00

In recent years ineffective Boards of Directors, inattentive audits, and weak enforcement of corporate laws have led to major corporate scandals around the world. Poor corporate governance can harm both the national economy and universal financial stability. The loss of countless jobs and huge investments as a result of failures of corporate governance has created need to restore investor confidence in corporate entities. It establishes a system whereby Board composition, insider participation on reimbursement committees. If these corporate governance structures result in situations where actions beneficial to directors do not also benefit shareholders, then shareholders may suffer. Corporate ethics programs usually address conflicts of interest that may arise in the firm's activities. Some Boards of directors take active roles in their firm’s ethics programs by actively overseeing the programs.2 It is the duty of the Board to promote good governance practices i.e. accountability and transparency. Enterprises that have Board’s actively promoting good governance not only attract value investors but also command a premium in the stock markets. The Board of Directors has to improve the reputation of the enterprise they represent. They have to provide proper advice and counsel to the top management as and when required. They should communicate with the company stakeholders from time to time and brief them about company’s performance. In its strategic role, the Board plays the role of an elder statesman. It is the duty of the Board of Directors to guide the management in articulating the enterprise’s vision and mission. Independent Directors should beware of the environmental factors and keep a keen watch on industry trends so as to make informed suggestions to the top management. The proposed research paper is a critical appraisal of the provisions related to role of independent directors mentioned in the Companies Act 2013 with the help of latest case analysis

From GATT to Havana- A Comparative Journey in International Trade Governance

2024-03-12T09:10:33+00:00

This paper presents a comparative analysis of the General Agreement on Tariffs and Trade (GATT) and the proposed Havana Charter, shedding light on their respective strengths, weaknesses, and contemporary relevance in the context of international trade regulation. GATT, established in 1947, primarily focused on reducing tariffs and trade barriers among member countries, while the Havana Charter sought a more comprehensive approach, addressing issues such as employment, economic development, and international economic cooperation. Through a thorough examination of their scope, legal frameworks, negotiation processes, and impacts on international trade, this analysis reveals significant differences in their approaches
and outcomes. GATT&s legal framework, based on principles of non-discrimination, reciprocity, and transparency, provided
a foundation for promoting international trade and preventing protectionism. Its negotiation process, involving a smaller group of countries, led to successive rounds of tariff reductions and trade liberalization, contributing to decades of unprecedented economic growth and prosperity. However, GATT&s narrow focus and limited institutional mechanisms constrained its ability to address broader socio-economic issues and promote equitable development. In contrast, the Havana Charter's ambitious objectives and broader scope aimed to address the multifaceted challenges of post-war reconstruction and development. Despite its comprehensive approach and inclusive negotiation process, the Charter ultimately failed to enter into force due to political, economic, and institutional obstacles.

Examining portrayal of Sustainability in Death of a salesman

2024-03-11T09:49:28+00:00

This paper examines the nuanced portrayal of sustainability in Arthur Miller Death of a Salesman,"
exploring its multifaceted dimensions within the context of environmental consciousness, emotional well-being, and the illusory nature of the American Dream. Through a critical lens, the analysis delves into the environmental impact of characters' consumerist lifestyles, revealing a society that prioritizes economic success at the expense of ecological
sustainability. Concurrently, the narrative's exploration of emotional and mental sustainability unveils the toll exacted by societal pressures and unattainable expectations, particularly evident in the tragic trajectory of the protagonist, Willy Loman. The illusion of the American Dream is deconstructed, emphasizing the pitfalls of a myopic pursuit of material success. Finally, the paper advocates for a redefined concept of success that prioritizes personal fulfillment and relationships, offering a
sustainable alternative to the prevalent narrative. In encapsulating the timeless relevance of "Death of a Salesman," this study underscores the imperative of reevaluating societal values and embracing a more sustainable and authentic approach to life.

Impact of Convergence of Company on Corporate Governance: A Critical Analysis

2024-01-17T06:01:21+00:00

The convergence of companies, characterized by mergers, acquisitions, and strategic alliances, has become a prominent phenomenon in the contemporary business landscape. This paper presents a critical analysis of the impact of convergence on corporate governance. Corporate governance refers to the system of rules, practices, and processes by which companies are directed and controlled. The convergence of companies can have both positive and negative implications for corporate governance, which necessitates a careful examination of its effects. This critical analysis explores the various dimensions of the convergence of companies on corporate governance. It examines how convergence can lead to changes in ownership structure, board composition, and decision-making processes within the organization. Furthermore, the analysis delves into the potential consequences for shareholder rights, transparency, accountability, and ethical standards. The study highlights the benefits of convergence, such as enhanced market competitiveness, economies of scale, and access to new markets and resources. However, it also recognizes the challenges and risks associated with convergence, including the concentration of power, conflicts of interest, loss of stakeholder representation, and weakened corporate accountability. By conducting a thorough examination of current literature and case studies, this analysis adds to the comprehension of how convergence influences corporate governance. It underscores the need for robust regulatory frameworks and effective monitoring mechanisms to mitigate the potential negative consequences of convergence and ensure the preservation of corporate governance principles.

The Complexities of Jurisdiction and the Effective Recognition of Arbitral Awards in Cameroon

2023-11-08T04:01:59+00:00

Nowadays, it is very common to find individuals from different parts of the globe doing business. Such business dealings may result in disputes between the parties at the international level. Any aggrieved party may sue in court or refer the matter to arbitration and obtain either a judgment or an award depending on the case. Unfortunately, by virtue of the principle of territoriality of laws, judgments delivered outside the territory of the country generally have no effect or force in that country, unlike judgments of national courts which are entitled to direct enforcement. Consequently, when a party obtains a foreign judgment or award, it may still be necessary for that party to take certain measures to enforce the judgment in the absence of voluntary compliance by the debtor or where the debtor does not have sufficient assets or funds in the territory from where the judgment emanates. In such a situation, the decision must be recognized by a court of the state within which enforcement is sought. The same principle is applicable to arbitral awards made in the territory within which enforcement is sought since they emanate from private justice.

The Concept and Development of the Indian Mutual Fund Industry

2024-03-11T10:10:13+00:00

The financial system serves as the cornerstone for economic development and progress. A nation's financial system must be robust enough to facilitate national growth and development effectively. Long-term economic prosperity relies on maintaining financial stability. By channelling and mobilisingfinancialresourcesandefficientlyallocatingthemtoproductiveassets, financialstabilitycanbeattained.Therefore,amutualfundisacollectionofresourcesthatare given by a number of investors who share the same goals and who stand to gain from oneanother in terms of capital growth and dividends as return factors. Since the entry of privatesector funds, the Indian mutual fund market has experienced significant growth. This essayaims to concentrate on the idea, background, development, and overview of the global mutualfund sector with an emphasis on the Indian mutual fund market. The investors will gainknowledgefrom thispaperaboutthe stateand developmentof themutualfund sector.

Corporate Social Responsibility (CSR) concerning Sustainability: Projecting Water Pollution and Articulating Emerging Technologies Fulfilling SDG 14 (Life Below Water)

2024-03-11T09:07:14+00:00

The company’s responsibility for the social, environmental, and economic effects of its operations is known as corporate social responsibility, or CSR. The UN Global Compact, the OECD Guidelines for Multinational Enterprises, the UN Guiding Principles on Business and Human Rights, the fundamental ILO declaration on multinational enterprises and social policy, and ISO all articulate this responsibility. More specifically, corporate social responsibility (CSR) includes moral business conduct, employee-centered human resource management, responsible use of natural resources, protection of the environment and climate, sincere ties to local communities and accountability across the global supply chain. As humanity struggles with the myriad challenges posed by ocean pollution, the convergence of technological innovation, metaverse technologies, and evolving legal-policy frameworks offers an unprecedented opportunity to reshape our relationship with the aquatic environment. This paper expresses the concerns of water pollution, SDG 14 and responsibility of corporate sector for sustainability.