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Edited by
Filipe Calvão, Graduate Institute of International and Development Studies, Geneva,Matthieu Bolay, University of Applied Sciences and Arts Western Switzerland,Elizabeth Ferry, Brandeis University, Massachusetts
The Introduction locates transparency in the global governance of agriculture and mineral supply chains. It proposes an analytical focus on the mediations of transparency to tackle the paradox of transparency, a process of mediation that incorrectly understands itself to be a process of disintermediation. This helps to investigate transparency beyond the normative and substantive assessment of its implementation. Rather than assuming that transparency is itself transparent, we ask: What are the technological practices, material qualities, and institutional standards producing transparency? How is transparency standardized, regimented by “ethical” and “responsible” businesses, or valued by traders and investors, from auction rooms to sustainability reports? Acknowledging that transparency is a global value, we question how transparency projects materially organize and semiotically regiment the global production and circulation of commodities across local settings. Focusing on moments and processes of mediation toward disclosure, immediacy, trust, and truth, we introduce how the chapters render transparency observable across sites, actors, institutions, and technologies.
This introduction situates the volume within contemporary debates surrounding Environmental, Social, and Governance (ESG). It traces the historical evolution of the ESG movement—originally conceived as a voluntary form of regulation—from its origins in the early 2000s, associated with the launch of the UN’s Who Cares Wins initiative, to current developments marked by political backlash in the United States and regulatory consolidation in Europe. The authors argue that the widespread tendency to reduce ESG to issues of financial materiality—a view they describe as “mainstream ESG”—risks undermining its ethical and social foundations. Against this backdrop, the book advances the claim that ESG cannot be meaningfully developed without serious ethical reflection. The second part of the introduction presents the chapters included in this collection along three main lines: debates about the purpose(s) of ESG; discussions concerning the tensions between profitability and sustainability; and analyses of ESG as a form of voluntary or mandatory disclosure.
On 24 May 2024, member states of the World Intellectual Property Organization (WIPO) adopted the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. Mandating that contracting parties require that patent applicants disclose any genetic resources or associated traditional knowledge that their invention is based on, the treaty has been hailed as historic triumph. In this article, we analyze whether the treaty is so remarkable in relation to Aotearoa New Zealand’s existing law and practice. Finding that it is not, and that the treaty could place limits on the law, we argue that Aotearoa New Zealand should not sign the Treaty but could learn from it. We conclude that, while Aotearoa New Zealand must continue to partake in any ongoing international negotiations, it should continue to find ways to address the domestic situation.
The social demand of transparency in nongovernmental organizations (NGOs) has increased. This is due to their social and economic impact and the incidences of fraudulent behavior by some international NGOs managers. In this regard, an improved and abundant dissemination of information by NGO is essential. The Internet is considered a strategic communication tool in such dissemination. Following an explanatory research line, this article aims to identify the influence of the factors “organizational size”, “organizational age”, “public funding”, “legal form”, “internationalization”, “board size”, and “board activity” in the dissemination of web page information. The results show that only the factors of “organizational size”, “public funding,” and “organizational age” are statistically significant.
This article examines the charity financial reporting regimes of three common law jurisdictions: Ireland, the UK and the US. It assesses whether these respective disclosure models improve either nonprofit behaviour or enforcement odds. Three core aspects of the regimes are reviewed: the reliability of the disclosed information, the consistency of such information and its ability to facilitate comparison between charities, and the level of enforcement arising from disclosure. Particular attention is paid to oversight mechanisms, including audits, and their rates of effectiveness in the regulation of charities. The article examines ongoing efforts to reform broader international accounting standards and considers the impact such moves are likely to have at both regional and national level for charity accountability. It concludes that given the markedly different spheres in which for-profits and nonprofits operate, care should be taken in modelling charity disclosure regimes on those developed for for-profit entities.
In recent years, new forms of investment have been created to direct funds towards companies performing well according to predefined environmental, social, and governance (ESG) indicators. This volume addresses moral, political, and legal questions about the legitimacy of ESG as a management and investment strategy. Some chapters argue that ESG strategies should focus on creating real-life impacts on morally significant problems, such as climate change, human rights violations, and corporate corruption. Other chapters instead examine the possibility that the long-term feasibility of ESG limits its moral ambitions, requiring ESG to be regarded as only a set of devices for minimizing risk in a way that protects financial gain. The book contributes a much-needed understanding of ethical interpretations of the ESG movement, which are likely to drive future social, political and legal developments.
There are three ways of becoming a shareholder: by subscribing to a new issue of shares in a company; by purchasing shares from an existing shareholder; or by transmission of ownership in shares due to the operation of law (for example, where shares are transferred to the beneficiary under a will). In this chapter, we focus on the first method: the issuing of shares and securities as a means of fundraising, commonly referred to as ‘raising capital’ or ‘equity raising’. The term ‘subscription’ describes the relationship where a company issues shares directly to a shareholder. The legal relationship between the company that issues and the shareholder who subscribes for new shares can be analysed using the contractual rules of offer and acceptance.
Our primary focus in this chapter is the issue of securities by public companies. Generally speaking, only public companies are permitted to raise capital by issuing securities to a broad cross-section of the public.
First, this chapter canvasses the history of the fiduciary obligation as it applies to the director–company relationship. The fiduciary obligation includes two duties: a duty of loyalty and a duty to account for benefits gained—more informally termed the ‘no conflict’ and ‘no profit’ rules. This chapter then discusses examples of the ‘no conflict’ and ‘no profit’ rules from case law, and the modern exceptions to this general principle on the basis of commercial realities, such as the business opportunity rule. It then considers ss 182–3 of the Corporations Act which deal with a director’s misuse of information or position to gain an advantage for themselves or others, or to cause detriment to the company. While there is a clear relationship between these sections and the ‘no profit’ rule, they have developed differently since enactment as legislative provisions. This chapter then considers the requirements for directors to disclose their material personal interests under ss 191–195, and the inconsistent treatment of the disclosure requirements with the ability of a fiduciary to seek the fully informed consent of the company in general meeting. Finally, this chapter considers the protection afforded to members of a public company under ch 2E of the Corporations Act for related party transactions.
As discussed in earlier chapters, a company has the legal powers and capacity of an individual, in addition to any specific powers conferred by law. The two key decision-making organs that can act as the company in exercising these powers are the board of directors and the members in general meeting. The general law and Corporations Act divide the company’s powers and responsibilities between these two groups. This chapter discusses this division of powers. It also discusses how meetings of members and directors are held, and the requirements on companies to prepare and disclose key information, including financial reports.
In this chapter of Complex Ethics Consultations: Cases that Haunt Us, the author describes a case wherein surgical instruments were reused after a prion disease case at a time when the protocol would have been to discard them. Given that there are no interventions available for this prion disease questions arose regarding disclosure, in particular when it would be required and who would be in a position to provide that disclosure.
The chapters in this Part VII of Complex Ethics Consultations: Cases that Haunt Us are a powerful reminder that healthcare ethics consultation does not involve clinical ethics consultation alone. Organizational ethics issues can also weigh heavily on healthcare providers causing deep moral distress. The four chapters in this section reinforce enduring themes, but time and experience allow a reexamination. The first theme is the lesson of truth-telling, error disclosure, and organizational responsibility. The second is the importance of transparency in organizational decision making along with the importance of communication and coordination of care. These themes are explored in the part they played in real cases, looking at the lessons they teach; current dilemmas; the role of diversity, equity, and inclusion; and finally, the meanings for future practices. As the field of ethics consultation progresses, so too will moral distress and the need for the profession to protect its practitioners, as well as the ethicists to emotionally protect themselves. The successful future practice of ethics consultation depends on it.
This chapter examines the ability to obtain government information through the operation of freedom of information legislation in relation to AI data in the United States, the United Kingdom and Australia. Freedom of Information (FOI) legislation provides a potential avenue of obtaining crucial information about the software used to automate decisions, the circumstances in which it was created or purchased, the materials that were used to train it, and any tests run to gauge its accuracy.
We experimentally study competitive markets with socially responsible production. Our main focus is on the producers’ decision whether or not to reveal the degree of social responsibility of their product. Compared to two benchmark cases where either full transparency is enforced or no disclosure is possible, we show that voluntary and costless disclosure comes close to the full transparency benchmark. However, when the informational content of disclosure is imperfect, social responsibility in the market is significantly lower than under full transparency. Our results highlight an important role for transparent and standardized information about social externalities.
In academia, as in any profession, one of the toughest decisions facing an autistic person is whether and when to disclose their diagnosis. On the one hand, disclosure can bring awareness, understanding, and support. On the other, it can bring misunderstanding, stigma, and discrimination. In this chapter participants reflect on their decisions to disclose (or not to disclose) to employers, colleagues, staff, and students – and the impacts of these decisions. This chapter also addresses the issue of masking (hiding their autistic characteristics), including when and why participants feel the need to mask and the impact this has on them.
Chapter 16 concludes. Section 16.1 discusses the concentration effect of decentralised finance, Section 16.2 the supervisory challenges, Section 16.3 the impact of digital finance regulation on centralised finance, while Section 16.4 summarises four key challenges, and Section 16.5 concludes by formulating five key policy options.
Chapter 5 discusses the “whitepaper” or prospectus regime in Titles II–IV MiCA and compares it to the Prospectus Regulation. Following an introduction to the objectives, applicable legislation, and the risk-based differentiation of the prospectus rules, Section 5.3 covers the scope of MiCA’s prospectus rules. Section 5.4 explains the prospectus procedure, including the obligation to publish a prospectus, obliged entities, the approval and publication processes, along with expiration, updating, modification, and supplementing of the prospectus. Section 5.5 addresses the content and form of the prospectus, Section 5.6 the liability for information in the prospectus, and finally, Section 5.7 covers the EU-wide application of the prospectus (EU passport).
Climate change is humanity’s greatest challenge for the XXIst century. Its effects will be felt for generations to come. In light of the enormity of the challenge, bank regulators are moving, yet reforms are neither homogeneous nor comprehensive. The EU is clearly more committed to the effort than any other player, and even within the EU, attitudes are cautious towards Pillar 1 (prudential requirements) and macroprudential measures, and bolder towards Pillar 3 (market discipline through disclosures) and Pillar 2 (supervisory review), though more uneven on the latter. This does not follow a scientific logic (due to the high uncertainty of climate risk) but a policy logic, since legislators and regulators tend to follow a path of minimum resistance, and undertake first the reforms that require them a lower epistemic burden.
During the Trump presidency in the United States of America, the social media network Twitter (now known as X) became a new, unofficial media channel through which the former president issued many political statements and informed the public about planned activities and new decisions. At the same time, however, he also continued to use this venue for more personal information, most frequently somehow connected to his office, for example on the size of his ‘nuclear button’ in comparison to that assumed to be the North Korean leader’s one after a news report. This type of communication was until then unknown as a general communication strategy at least for most public officials. Press conferences and bulletins were the typical means of informing the public and professionally interested parties about the standpoints of the government, its actions and its plans. Also, government information was typically delivered in a rather neutral and down-to-earth tone and was carefully drafted and revised, rather than being spur-of-the-moment ideas frequently dismissing other ideas using direct, sometimes offensive language.
We review work on disclosure to others about one’s chronic illness condition and challenges in the management of illnesses, focusing on the period of adolescence and emerging adulthood. Adolescents and young adults with a chronic illness who self-disclose to others (beyond parents) that they have a chronic illness are often quite strategic as to how much to disclose and to whom. We then review work on routine disclosures about challenges in the management of chronic illnesses that often occur between parents and adolescents and young adults and romantic partners that can elicit support. We focus our treatment on the illness context of type 1 diabetes, as there is little research on routine disclosure with other illness conditions. We conclude by linking this work to broader models of disclosures for health decisions, recommend that interventions that ease the burden of disclosure may be beneficial, and suggest directions for future research.
Parents commonly induce feelings of guilt and shame in adolescents as part of the socialization process. Preliminary evidence indicates that parental guilt induction and shaming are associated with less routine disclosure and greater secrecy among adolescents. However, little research has explored these associations, and it has focused entirely on psychologically controlling forms of guilt induction. The present chapter highlights distinctions between parental guilt induction and shaming, including their overlap with related constructs such as parental psychological control and inductive discipline. We then outline empirical and conceptual links between parental guilt induction or shaming and adolescent information management, focusing on how these associations likely depend on the extent to which the parenting practice feels psychologically controlling to youth. As part of this discussion, we highlight individual, cultural, relational, and situational factors that may impact these perceptions and associations. We end with suggestions for future research in this area.