The emergence of investment opportunities afforded by the African Continental Free Trade Area (AfCFTA) Agreement epitomizes a deft move by the African countries to tailor the development dynamics in their favour. Although the AfCFTA is full of promise, it also presents challenges to regulatory authorities in the sphere of fraudulent investment practices. While the existing regulatory framework is ill-prepared for regulation and the regulatory authorities have not adverted their mind to the significance of regulation of this emerging area of investment opportunities, potential fraudsters are busy fine-tuning their schemes. The paper assesses the emerging investment opportunities under the AfCFTA and the imperative for proactive regulation of infractions through reliance on the depository structure. Securities, Investor Protection, Fraud, AfCFTA, Depositary
{"title":"AfCFTA and Investor Protection in the Securities Market: Prospects for Proactive Regulation","authors":"C. Ajibo","doi":"10.54648/bula2024002","DOIUrl":"https://doi.org/10.54648/bula2024002","url":null,"abstract":"The emergence of investment opportunities afforded by the African Continental Free Trade Area (AfCFTA) Agreement epitomizes a deft move by the African countries to tailor the development dynamics in their favour. Although the AfCFTA is full of promise, it also presents challenges to regulatory authorities in the sphere of fraudulent investment practices. While the existing regulatory framework is ill-prepared for regulation and the regulatory authorities have not adverted their mind to the significance of regulation of this emerging area of investment opportunities, potential fraudsters are busy fine-tuning their schemes. The paper assesses the emerging investment opportunities under the AfCFTA and the imperative for proactive regulation of infractions through reliance on the depository structure.\u0000Securities, Investor Protection, Fraud, AfCFTA, Depositary","PeriodicalId":518117,"journal":{"name":"Business Law Review","volume":"39 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140532878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper examines the evolving landscape of corporate group accountability, with a focus on recent pivotal judgments by the UK Supreme Court in Vedanta v. Lungowe and Okpabi v. Shell. These landmark cases have highlighted the potential for parent companies to be held liable for the actions of their overseas subsidiaries, based on the duty of care under tort law. The paper delves into the broader implications of these decisions, including their significance in piercing the transnational corporate veil and their unintended consequences. It also explores the debate surrounding whether these rulings encourage or deter multinational corporations (MNCs) from disclosing corporate-wide policies and conducting human rights due diligence in their subsidiaries, impacting corporate social responsibility and international standards. The paper concludes by offering insights into potential solutions to address the complex issue of the ‘perverse incentive’ created by Vedanta and Okpabi. duty of care, corporate group accountability, transnational corporate veil, parental corporate liability, Shell, Vedanta
本文以英国最高法院最近在韦丹塔诉隆戈维（Vedanta v. Lungowe）案和奥克帕比诉壳牌（Okpabi v. Shell）案中做出的关键判决为重点，探讨了公司集团责任的演变情况。这些具有里程碑意义的案件凸显了母公司根据侵权法中的注意义务对其海外子公司的行为承担责任的可能性。本文深入探讨了这些判决的广泛影响，包括它们在揭开跨国公司面纱方面的意义及其意外后果。本文还探讨了围绕这些裁决是鼓励还是阻止跨国公司（MNCs）披露整个公司的政策并在其子公司开展人权尽职调查，从而影响企业社会责任和国际标准的争论。最后，本文就解决韦丹塔公司和奥克帕比公司造成的 "不正当激励 "这一复杂问题的潜在解决方案提出了自己的见解。
{"title":"Vedanta and Okpabi: A Step Forward in Corporate Group Accountability?","authors":"Pilar Spotorno","doi":"10.54648/bula2024001","DOIUrl":"https://doi.org/10.54648/bula2024001","url":null,"abstract":"This paper examines the evolving landscape of corporate group accountability, with a focus on recent pivotal judgments by the UK Supreme Court in Vedanta v. Lungowe and Okpabi v. Shell. These landmark cases have highlighted the potential for parent companies to be held liable for the actions of their overseas subsidiaries, based on the duty of care under tort law. The paper delves into the broader implications of these decisions, including their significance in piercing the transnational corporate veil and their unintended consequences. It also explores the debate surrounding whether these rulings encourage or deter multinational corporations (MNCs) from disclosing corporate-wide policies and conducting human rights due diligence in their subsidiaries, impacting corporate social responsibility and international standards. The paper concludes by offering insights into potential solutions to address the complex issue of the ‘perverse incentive’ created by Vedanta and Okpabi.\u0000duty of care, corporate group accountability, transnational corporate veil, parental corporate liability, Shell, Vedanta","PeriodicalId":518117,"journal":{"name":"Business Law Review","volume":"40 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140533178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper examines the extent to which the onslaught of the COVID-19 pandemic has affected the formation and execution of contracts in the United Kingdom. Using the English Law doctrine of frustration, it assesses how far foreseeability plays a role in determining whether contracts are frustrated. It examines concepts such as illegality, impossibility and frustration of purpose as well as case law to see what arguments can be used to support or deny liability for contractual terms. It argues that in many ways, frustration is narrowly constructed. The COVID- 19 pandemic and its aftermath, however, will encourage more creativity as legal systems revisit their provisions to accommodate the changing dynamics of the international system. English law, frustration, foreseeability, illegality, impossibility, frustration of purpose, COVID-19
{"title":"The English Law Doctrine of Frustration in the Context of the COVD-19 Pandemic","authors":"Felicia A. Grey","doi":"10.54648/bula2024004","DOIUrl":"https://doi.org/10.54648/bula2024004","url":null,"abstract":"This paper examines the extent to which the onslaught of the COVID-19 pandemic has affected the formation and execution of contracts in the United Kingdom. Using the English Law doctrine of frustration, it assesses how far foreseeability plays a role in determining whether contracts are frustrated. It examines concepts such as illegality, impossibility and frustration of purpose as well as case law to see what arguments can be used to support or deny liability for contractual terms. It argues that in many ways, frustration is narrowly constructed. The COVID- 19 pandemic and its aftermath, however, will encourage more creativity as legal systems revisit their provisions to accommodate the changing dynamics of the international system.\u0000English law, frustration, foreseeability, illegality, impossibility, frustration of purpose, COVID-19","PeriodicalId":518117,"journal":{"name":"Business Law Review","volume":"46 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140532798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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