The purpose of this paper is two-fold. The first goal is to qualitatively explore what ethics is and how companies can create a lasting culture of ethics. I explore the meanings of ethics, corporate ethics, and the responsibilities that companies have to shareholders and the public. The second goal is to demonstrate how a culture of ethics can help to prevent product recalls by creating a control environment that catches potentially dangerous products before they leave the facility. This is achieved through an analysis of three case studies: 1) Johnson & Johnson’s response to the Chicago Tylenol Murders of 1982, 2) Peanut Corporation of America’s response to its peanut butter recalls in 2009, and 3) Toyota Motor Corp’s response to the recalls of 2009-2011. The paper concludes by discussing trends in product safety over the last forty years and explaining why business ethics are an economic imperative, not just in preventing product recalls but also in protecting consumers.

As globalization increases at a fast pace, more and more companies are diversifying their presence in foreign capital markets to gain access to capital. Today, strong corporate governance is an important element to a company’s long-term success. The Sarbanes-Oxley Act, Cadbury Report and King Report from the US, UK and South Africa provide recommendations for good corporate governance. Corporate governance practices and guidelines vary greatly from country to country because of differences in economic, culture, and other factors. This study examines ten companies across different regions around the world analyzing each company’s board structure, committee structure and code of ethics. Results show that the prevalence of concentrated ownerships through family and group dynamics in Asian and Latin American companies convey the need for more independent directors in the board and committees to protect the interests of minority shareholders. European companies are leading the way in incorporating sustainability as part of corporate governance. As the world becomes more interdependent, successful corporate governance requires companies to adopt an inclusive approach to economic, social and environmental issues. Internalizing these issues as part of business strategy are essential for companies to be profitable, sustainable and respected in the future.

WTO Agreements have failed to adequately cater for the needs of developing countries. The WTO Agreements, particularly the SPS Agreements has failed to take into account the special needs of developing and least developing countries and clearly their interests have received no representation in the Agreement. Instead of reducing the negative impact of the SPS measures, the Agreement itself has become a barrier to trade. The problems of its implementation inclusive of the expertise, the high costs of conformity, lack of infrastructure and adequate resources have created further restrictions for exporters in international commerce. The failure to adequately deal with the implementation problems of developing countries is evident in the stalemate that culminated at the Doha Ministerial Conference which has extended for over a decade. Perhaps the future of African developments lies in regional agreements, since it is clear that the multilateral trading system has failed. Whereas some scholars are of the view that Article 5.7 of the Agreement should be used as model for the precautionary principle. The principle is highly controversial and does not even have a universal definition; its application might prove to be highly problematic. However the trade-environment debate has already taken center stage in the WTO jurisprudence, suggesting possibly the emergence of an Agreement to that effect. One however can only wonder whether in including the trade-environment debate under the ambit of the WTO when clearly it has failed to deal with issues and concerns’ relating to trade only, might be biting much more than it can chew. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

University of Macau / Faculty of Law

University of Macau / Faculty of Law

University of Macau / Faculty of Law

Ideally, land use policies correct for negative externalities. However, the barriers they impose on individuals and communities have serious implications. Existing studies on this topic focus on singular, specific areas because land regulation is determined at the local level and varies extensively across the nation. Furthermore, current housing literature focuses on the “norm” of single family housing. This ignores the changing attitudes toward different types of dwellings. My study examines local regulatory environments across the nation by using Gyourko et al. 2008’s Wharton Residential Land Use Regulation Index, which develops a comparative scale for the otherwise impossibly varied regulatory environments. I also use micro data from the American Community Survey to see individual housing choices. Then, with a custom-made dataset from these two sources, I use empirical regression analysis to study the effects of land use regulation on people’s housing decisions, specifically the choice between a single-family house and a multi-family apartment complex. My results show that more restrictive regulation makes a person more likely to rent their home as well as occupy a multi-family apartment complex as opposed to a single-family home.

In this paper, I shall discuss the requirements of obtaining valid proxies under the various state laws and the regulations of the Securities and Exchange Commission. Because of the many state jurisdictions involved, it is not possible to define exactly the requirements of each. However, I shall follow the general practice and attempt to point out the significant variations therefrom. I shall also point out how several recent proxy contests were waged and make some recommendations for changes in SEC regulations and state laws to secure a greater voice for the independant stockholder.

Professionalism is a term frequently used in organizations yet perceptions of what it means differ from person to person. Given its frequent use and its link to various job outcomes, such as organizational commitment (Bartol, 1979), there is a need to have a universal definition of professionalism. While there are existing models of professionalism these models are typically developed for a specific field or industry. Thus, there is also a need for a comprehensive model of professionalism that can be used across multiple fields and industries. This study worked to develop a model of professionalism that creates a comprehensive model that addresses both of these issues using eleven existing measures of professionalism as its foundation. Four dimensions of professionalism were identified via these models and defined using a combination of existing research and researcher expertise. These dimensions were divided into elements which were used as items in a measure to validate the new model. A five-factor model demonstrated the best fit and was found to have both convergent and discriminant validity.

The thesis is focused on the legal concept of unjust enrichment specifically in relation to the area of business law. Although the basic legal regulation relevant also for the area of business law was, and even after the adoption of the new private law codes, still remains in the civil code, the thesis endeavors to focus on certain specifics related particularly to the business relations. For these purposes it deals, in less or more detailed manner, also with other legal concepts, which are significant for the topic and closely related (such as limitation of claims resulting from the unjust enrichment, good faith of legal entities, invalidity of legal acts etc.). The thesis analyses legal acts regulating the institution of unjust enrichment for the area of private law, eventually specifically for the business relations. Especially in the areas where the legal text itself is not exhaustive, it supplies also analysis of relatively extensive case law (available so far only in respect of the previous legislation), eventually also the analysis of expert opinions. It draws attention to certain conflicts in interpretation of individual legal provisions. Considering the recent essential change of the private law basis (new private law codes) the thesis provides to a considerable extent comparison of the...