Thesis--Johann Wolfgang Goethe Universitat, Frankfurt, 2007. / "Max-Planck-Institut für Auslandisches Offentliches Recht und Volkerrecht"--Cover. In Springer Link (Monographies électroniques). Versement en lot.

Discusses the human rights obligations of International Financial Institutions and suggests different human rights accountability mechanisms through the Right to Development paradigm / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Jaap de Visser, Faculty of Law, University of Western Cape, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Today, organizations are placed under extreme pressure to adapt to the ever-increasing changes in their environments in order to survive. Research proves that corporate culture has the ability to either blunt or aid change. Past research conducted in Z-Nam, a subsidiary of an international finance company situated in Namibia, indicated that a divided culture resulted in limitations in their functioning, including their adaptability. Pressure was placed on Z-Nam by its majority shareholder to internalise a set of core values into its daily functioning in order to build a strong adaptable culture. This objective called for values-driven leadership. The four core values identified by Head Office were integrity, respect, accountability and pushing beyond boundaries. In becoming more values-driven, values theory posits that Z-Nam will build its cultural capital and so reap the benefits of higher performance, talent retention and adaptability. In this way Z-Nam will be able to combat the weaknesses in its current culture. Leadership adaptability and the capacity to lead change were seen to distinguish cultural changes that succeed from those that do not. Principles inherent in the field of OD were also considered, as they are seen to assist in the effective management of change. The methodology involved a purposive sample being drawn that included the top leadership team and internal OD consultant. Semi-structured interviews were conducted and thematic analysis employed in analysing the resultant data with three main aims in mind. Firstly, to assess Z-Nam's top management's perception of the current set of values being lived in the organization, to establish their level of support for the desired set of values proposed by Head Office and lastly to establish whether the leadership team is ready to promote the adoption of a new set of core values. Through comparing the themes that emerged from the data with literature on OD, values, culture and change, the researcher was able to make inferences as to the leadership's readiness and capacity to successfully lead cultural change. These findings were substantiated with secondary data from previous research activities. It was found that Z-Nam was not utilising its culture as an asset and that several barriers existed to adopting and implementing the desired values. It was concluded that Z-Nam will not be able to successfully embark on cultural change until its leadership recognises the importance of culture and their personal responsibility in bringing about the desired change, adequately assimilates information from past research and comes to a consensus as to the necessary accommodations that need to be made.

This dissertation examines how European and American banking institutions catering to middle- and working-class people sought to mobilize their capital to challenge the predominant model of international financial capitalism during the interwar years. Focusing on four sets of financial institutions whose identities were intimately linked with the “popular” clientele they served—savings banks, cooperative banks, trade union banks, and their communist analogues—I chart how influential actors within these institutions engaged in transnational efforts to challenge the entrenched position of private banks in international finance, though in pursuit of divergent political and commercial objectives. Drawing upon politicized attitudes towards popular capital and motivated by the opportunities and pressures of post-World War I internationalism, they attempted to build parallel institutional channels that could mobilize the modest financial assets of the masses to compete with or even displace capitalist banking. This study reconstructs formal and informal networks of debate and activism in which savings bankers, cooperators, and labor activists developed projects for international financial action based on popular ownership and participation. To uncover these networks, I draw on an eclectic range of sources including national and international archives, periodicals produced by syndical, cooperative, communist, and savings bank movements, and private correspondence of American and European leaders in these movements. I argue for a more capacious understanding of the political valence of financialization in this period. Far from being accepted as a neutral outcome of economic development, lamented as a depoliticizing penetration of capitalist logic into the social life of the masses, or turned to narrowly nationalistic ends, popular financial ownership—whether by individuals or institutions claiming to represent them—was recognized as a foundation on which to enact transnational solidarity. However, the political content of this solidarity varied considerably between these projects of international popular finance. Some of them sought to moralize capitalism within liberal or fascist political structures, while others aimed to strengthen cooperative or socialist alternatives. My dissertation presents an institutional history of projects of popular financial power and their limits which will be of interest to scholars of modern Europe and the U.S., international institutions, transnationalism, and global capitalism. I also hope to offer historical perspective on ongoing debates about the potential for collective action by workers, consumers, and investors in our own financialized era.

The opening of a bank account serves as the genesis of a bank customer relationship. It is imperative that the establishment of a bank customer relationship be regulated by law. Both the common law and statutory law regulate the admission of new clients to the realm of banking. It is a minimum requirement, in terms of both statutory and common law, that the identity of a prospective client who wishes to open a bank account must both be established and verified. This, the need to know one’s customer, is not only good law but common sense and an effective measure to prevent criminals from accessing the banking system. Parties who work together must know each other. The need to establish and verify the identity of a potential customer is commonly referred to as the Know Your Customer standards, alternatively the Customer Due Diligence framework. The Know Your Customer standards are neither unique to South Africa nor have their origins in South Africa. The Know Your Customer standards are international standards which the Financial Action Task Force and the Basel Committee on Banking Supervision have been advocating for quite some time. A confluence of the Recommendations of the Financial Action Task Force and the Basel Committee on Banking Supervision greatly influenced the birth of the Financial Intelligence Centre Act in South Africa. The Financial Intelligence Centre Act 38 of 2001 prescribes the steps that a bank has to take in order to establish and verify the identity of a potential client. It will be shown in this dissertation that the identification and verification regime established by the Financial Intelligence Centre Act 38 0f 2001 and the common law are not fool proof. This dissertation makes recommendations on how the current loopholes that exist in the law can be addressed. / Mercantile Law / LLM

The opening of a bank account serves as the genesis of a bank customer relationship. It is imperative that the establishment of a bank customer relationship be regulated by law. Both the common law and statutory law regulate the admission of new clients to the realm of banking. It is a minimum requirement, in terms of both statutory and common law, that the identity of a prospective client who wishes to open a bank account must both be established and verified. This, the need to know one’s customer, is not only good law but common sense and an effective measure to prevent criminals from accessing the banking system. Parties who work together must know each other. The need to establish and verify the identity of a potential customer is commonly referred to as the Know Your Customer standards, alternatively the Customer Due Diligence framework. The Know Your Customer standards are neither unique to South Africa nor have their origins in South Africa. The Know Your Customer standards are international standards which the Financial Action Task Force and the Basel Committee on Banking Supervision have been advocating for quite some time. A confluence of the Recommendations of the Financial Action Task Force and the Basel Committee on Banking Supervision greatly influenced the birth of the Financial Intelligence Centre Act in South Africa. The Financial Intelligence Centre Act 38 of 2001 prescribes the steps that a bank has to take in order to establish and verify the identity of a potential client. It will be shown in this dissertation that the identification and verification regime established by the Financial Intelligence Centre Act 38 0f 2001 and the common law are not fool proof. This dissertation makes recommendations on how the current loopholes that exist in the law can be addressed. / Mercantile Law / LLM