As a central topic in the current ISDS’s debate is legal ethics. As stated by Geoffrey & Hazard (1991) in their paper The future of legal ethics “…dissatisfaction with lawyers and arbitrators is a chronic grievance, and inspires periodic calls for reform...” the same as what is claimed by them all areas of law are concerned with ethics. With a more visible importance in the international sphere, ISDS procedures are being observed and analysed from an ethical and moral perspective due to their transcendental position in the continuous economic development of the whole globe. In the case of ISDS ethics, this refers not just to arbitrator’s performance and decision-making procedures, but also to investors conduct towards the society in general.
The introduction chapter of this paper presents next the research questions, the methods of the research and then an overview of Deloitte. The second chapter is concentrated on the Sarbanes-Oxley Act evolution, composition and theoretical framework. The third chapter presents the empirical research process and finally, the fourth chapter contains the results of the research and provides the analysis of the selected data.
King Tut's died because he had a diseases on his left foot and he also had malaria a diseases an insect that carries. The scientists found out when they did a CT scan which occured in 2005. They found out that King Tut had a broken leg that never got healthy, these findings explain why he had to use 130 walking sticks and canes that were discovered with Tut's
Nothing is guaranteed in the world of investing except unpredictable financial loss, gain, and anxiety. Samuel Waksal’s reaction was motivated by the desire to prevent financial losses to himself and his family regardless of the price paid by his stockholders, employees, and other investors of the company, including those employees who held no ImClone shares but dedicated their expertise to ImClone and developing its anti-cancer drug.
In week3, we are looking into the case of Excello Telecommunications, and study their behavior base on the knowledge of legality and ethicality in financial reporting.
Regulation is an important way to enforce ethic and accountability of business. Through the unit, we can see there are some argument against regulatory. Under the free market approach, even without regulation there are private economic-based incentives for the business to provide credible info to outside parties, to avoid an increase in cost of operations. When there is a free market, the theory of market for managers and market for corporate takeovers assume managers’ previous performance will impact on how much remuneration they command in future, or whether they would be replaced by an existing management team, they will be encouraged to adopt strategies to maximise the value of their organization. The assumption is based on the agency theory, which focuses on the self-interest motivation. However, self-interest may create lots of issues as we discussed earlier, holds that regulation
Based on the definition of cyberethics as given by Tavani, “the study of moral, legal, and social issues involving cybertechnology” (2010, pg. 3), law is usually/always a part of cyberethics to one degree or another. Being right or wrong based on society’s value builds the fundamentals of ethics. Moral principles make up ethics. Values are maintained based on the law, which in turn encourages us to uphold the laws based on those principles. There are at times when something may be unethical but may still uphold the law and the values are not
One of the most difficult issues that challenges veterinarians, nurses and other veterinary practice staff now a days involves their responsibilities to the animals and the occasional conflicting demands from clients and society (Rollin, 2006). Their roles have become more difficult with new ethical challenges modeled by issues such as growing public awareness concerning animal welfare, increasing ownership of companion animals, growth of veterinary specialism, experimentation with medicine, and concern for pain management and mental well-being of animals (Rollin, 2006).
This document will introduce two noteworthy ethical frameworks which are validated instrumental in the development of business ethics and which include an extremely rational significance in assessing ethical concerns in contemporary business: Utilitarianism and deontological morals (Hartman, L., 2017).
Running a company can be very difficult and challenging. There are many rules and ethics that applies in the business world. Most of them can refer to legal terms, confidential activities, and agency, etc. However, one book explains more in-depth about business law called Business Law. The book was published in 2009 (Emerson, 2009). It is also written by an American author named Robert W. Emerson. His book contains a variety of valuable chapters that give details on the principles of business law. The book also provided useful ideas how tort responsibility can be take part of a lawsuit. The most important thing in Emerson’s book is useful details about the nature of business law throughout most of his chapters. In this paper, I will discuss briefly about the topics in chapters fourteen to eighteen.
The Institutional Investors Committee (“IIC”) of the U.K. adopted a statement of codes and responsibilities. This statement includes clarifying the priorities for certain matters and deciding when to take action; observing the performance of and having conversations with portfolio companies; intervening when necessary; assessing the influence of activism efforts; and reporting back to clients and owners (Monks & Minow, 2011). In the U.K., the shareholders are the customer and the enforcers, whereas in the U.S., companies are focused on how well they are doing in the market.
As already observed above, the leaders have the responsibility of making the decisions in the firm. They should consider the ethical as well as moral aspects as they make the decisions, and should be sure to make decisions that lead to the benefit of the parties involved. In order to make such decisions, there is need to observe some procedures as indicated in the essay below.
On the other side of the agreement was Germany which was still feeling the aftermath of World War II. The country was split up and had a hard time creating a stable economy again. This agreement created a boost in trust between the two countries resulting in more investments between the two countries. Since then ISDS has been put into almost every trade agreement that was made ending up in about 3,400 signed investment protection agreements (Pardo 1). The decision in ISDS cases is made by a tribunal of lawyers that consists out of one lawyer from the claimant, one lawyer from the defendant, and a neutral lawyer that both parties agreed on. This means that the tribunal consists out of different people every time there is a new ISDS claim on the table (Background Briefing). Critics say that these tribunals are illegitimate because there is no regulation on who can be part of the tribunal, neither do they have to be internationally recognized. Thus, the fear from a lot of countries is that the multinationals have too much to say in this system, imposing changes in regulations on sovereign countries.
In one’s professional career one might be put in a situation where one has to consider not only the ramifications of one’s ethics, but also how ethical one’s decision is as a whole. In my career, I have never been put in an ethical dilemma, but at some juncture in my career in the finance industry, it is very possible I will. This paper will discuss; certain situations one might encounter in the business financial industry, what options one has in this dilemma, how certain ethical approaches would guide one’s decision, and my personal opinion on which approach I would utilize.
On further analysis, the book makes it apparent that there is an inherent tendency towards individual gains over the health of the market. As a result, it is easy for big business to direct their resources towards frustrating the efforts of their smaller compatriots in a bid to secure profits. Moreover, this behavior contrasts with the needs of a stable market whereby individuals can benefit from their ability to identify lucrative offers before the competition. Rather, the current system allows larger trading firms to piggyback on the system and contravene on its demand for equitable access to resources by capitalizing on the lack of legislation and the relative newness of the technologies involved. For instance, the justice system had mixed reactions when dealing with issues such as ownership of coding resources such as in Sergey Aleynikov’s case, which necessitates a change in the legal frameworks surrounding the stock trading system. The system is quick to defend the rights of these firms but fails in regulating their competitiveness since they beat the system and create an environment where they profit even if they are not the first to identify stock on which they might make profits.
The purpose of this work is to establish the links between the business world and transitional justice mechanisms. My purpose is more specifically to link the potential crimes perpetrated by corporations and the transitional justice mechanisms. This work does not link the