Commercial Law International

“Commercial Awareness Is Global.”

The Death of Alien torts ?

  By Charles Wanguhu The Alien Tort Claims Act was adopted in 1789 as part of the original Judiciary Act. The Alien Tort Claims Act (ATCA) allows foreign victims of human rights abuses to sue perpetrators in United States courts. In a recent development in Kiobel v. Royal Dutch Shell, the the 2nd U.S. Circuit…

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Ethical investing vs. Shareholder activism

By Charles Wanguhu   Churches are once again taking the lead in ethical investing. A short while ago I wrote about the catholic church pulling out of a fund which was found to have investments in defense, contraception and other companies contrary to the catholic faith. Consequently the Church of England has sold its £3.8…

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Kit Kat Goes Fair Trade In the UK

By: Ainsley Brown “Gimme a break, gimme a break, break me off a piece of that Kit Kat bar,” has taken on a new meaning in the UK as Kit Kat ‘breaks off’ some cash cocoa to farmers. Nestlé, the Swiss makers of Kit Kat, has announced that the very tasty chocolate snack as of…

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The not so ethical investments

By Charles Wanguhu Financial institutions offering Ethical investment in practice exclude companies with interests in armaments, oppressive regimes, nuclear power, tobacco, vivisection, gambling, alcohol and pornography. Environmental (and ethical) investments also aim to invest in companies with positive effects on the environment. Characteristics of such companies include but are not limited to: socially responsible, environmentally…

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Shell & The elephant in the room

By Charles Wanguhu A report by the Economist Intelligence Unit indicates that protecting a firm’s reputation is the most important and difficult task facing corporations. With the development of global media and communication channels, managing reputational damage is seen as crucial with events undertaken in even the remotest areas affecting the international brand of a…

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THE GROWING NEED FOR EXPANDED CORPORATE REPORTING

This article is reproduces with the permission of the author and can be found on AccountancySA (South Africa´s leading Accountancy Journal). There is no doubt that the world we knew before the global economic meltdown will not return. The causes of the meltdown will not disappear, and lurking behind them is another set of even…

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Corruption and Banking

29th April 2009 By Charles Wanguhu Corruption only offers two instances for regulators to step in: at the looting stage where the individuals may seek bribes, dispose of public resources or subvert funds. In an ideal world they are then charged and any monies returned. The second stage is at the laundering stage, where the…

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UK Oil Company Accused Of Trying To Buy Witnesses

By: Ainsley Brown It is situations like these that simply go to fuel the general public distain for multinational. I guess the one positive thing that comes out of this and other similar situations is that it provides ample material for Michael Moore– esque films – just great entertainment. Despite the entertainment value of such…

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Is tax the new area of concern for Corporate Social Responsibility?

By Charles Wanguhu In early 90’s Nike suffered a huge backlash from the revelations of child labour in use in its factories abroad there was a drive to ensure that clothing was environmentally sound. In early 2000 a push for carbon footprint labelling ensured that the consumer was conscious of the effect of their consumption…

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Glaxo Proposes Patent Pool

By: Ainsley Brown The world’s second largest drug maker, GlaxoSmithKline has proposed a voluntary patent pool for drug makers. The pool is intended to kick start the development of new treatments for neglected diseases such as malaria and cholera. By proposing and making its own patents available to third party researchers, Glaxo will be providing…

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