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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
31

The legality of positive discrimination

Morris, Sharon Ann January 2007 (has links)
The purpose of this study is to determine the extent to which positive discrimination on the grounds of sex and race is permitted in employment under English law. After setting the social context, a moral framework for assessing the fairness of laws on positive discrimination is provided, and the increasing European Union support for positive discrimination is noted. An analysis of legal materials to discover the extent to which positive discrimination is allowed under European and English law shows that, although, generally speaking English law is less permissive than European law, European law still impacts upon English positive discrimination law, making it fairer. It argues that extending the English law to mirror European law will not necessarily result in improved sex or racial equality in the workplace, although reforms to update the English statutes could be useful to employers. Key Contributions to Existing Knowledge A comparison of Dworkin's right-based moral framework for the legal regulation of positive discrimination with Collins' 'social inclusion' model is presented. A unique review of European policy documents concerning employment discrimination and positive discrimination on the grounds of sex and race that underpin European laws on these matters is provided. A definition of positive discrimination is proposed. The implications of recent legal developments for the legality of positive discrimination under European and English law are analysed. Principles of European constitutional law are evaluated to identify the mechanisms by which European positive discrimination law affects English law and to determine whether public sector employers are granted greater legal powers to use positive discrimination under European law. How the House of Lords decision in Shamoon advances the law relating the the grounds of discrimination is explained. The law relating to the selection of parliamentary candidates is compared is compared with the statutory duties to promote equality placed upon public authorities. The academic discussion is consistently applied to the practicalities of the employment setting.
32

Can the law assist corporate social responsibility to deliver sustainable development to the Niger Delta?

Usoroh, Ini Etim January 2011 (has links)
Corporate social responsibility (CSR) involves striving for balance between environmental, social and economic performances of business. Encouraged by growing pressure for transparency and accountability in business, CSR constitutes an overall contribution of business to sustainable development; hence, healthy business requires a healthy community. The research asks if the law can assist CSR to deliver sustainable development to the underdeveloped but oil-rich Niger Delta, establishing areas of good practice whereby oil companies support the region's economy and social needs through their CSR activities. However, regulations do bring about social change thus business are obliged to obey the laws, codes of good practice and initiatives. Although CSR is not business' primary responsibilities, business can encourage poverty reduction and societal development. The analysis of Nigerian oil production laws reveals that court interpretations regarding rising number of oil-related litigations and procedures of settlements, neglects of oil commuities and compensation payments have become difficult. While the outcomes of Joint Venture Arrangement (JVAs) crucially affect CSR performance, the need for reforms is necessary. Using the Triple Bottom Line (TBL) criteria, the analysis of Shell Petroleum Development Corporation (SPDC)'s CSR performance in Nigeria reveals that while improvements are needed in some areas including envitonmental and human rights protections, consultation and dialogue, overall, the research shows that the company positively affects the region. The research establishes that through effective enforcement, the law can assist CSR to deliver sustainable societal development. It is concluded that until CSR is made compulsory supported by legislations to guide businesses, the full gains of CSR cannot be achieved. Hence, the research offers a detailed novel definition of CSR to make businesses become more liable as the existing model allows them to act voluntarily. Using novel models, the research demonstrates how sustainable development can be attained through CSR and considering compulsory legislations, enforcement, compliance, stakeholders' integration, consultation, dialoge and prolific partnerships. The research also offers Government Social Responsibility (GSR), a concept to further governments' commitments to their citizens.

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