{"title":"Corporate Social Responsibility and 'Contemporary Community Expectations'","authors":"J. Plessis","doi":"10.2139/ssrn.3455066","DOIUrl":"https://doi.org/10.2139/ssrn.3455066","url":null,"abstract":"This article examines recent developments in company law surrounding corporate social responsibility (CSR). The focus is on the recognition of stakeholder interests and the role of contemporary community expectations in director decision making. The author provides judicial evidence regarding the recognition of the legitimate interests of shareholders and other stakeholders in company decision making, but acknowledges that the case law does not establish these interests as “rights.” There is discussion of the role of a company as a “good corporate citizen” and contemporary community expectations concerning responsible corporate behaviour and sustainable growth that does not harm the environment or society. The author subsequently argues that contemporary community expectations form a policy basis for judges to interpret the law to reflect CSR. The unique legislative approaches to CSR adopted in the United Kingdom, Canada, India and the European Union are analysed, with consideration of the legislative elements that serve to promote CSR, and those that merely allow corporations to carry on with profit maximisation in a “business as usual” manner. The article concludes that CSR obligations should be reviewed in Australia, with a view to potential law reform in this area considering recent international developments.","PeriodicalId":43510,"journal":{"name":"Company and Securities Law Journal","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2017-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48877018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Insider Dealing in Hong Kong: One Country Two Systems?","authors":"Chee Keong Low, Inseop Shin","doi":"10.2139/SSRN.1792968","DOIUrl":"https://doi.org/10.2139/SSRN.1792968","url":null,"abstract":"Although the subject of an appeal to the Court of Appeal, the decision in Hong Kong Special Administrative Region v Du Jun is nonetheless noteworthy for two key reasons. First, the judgment of the District Court may be viewed as a harbinger of insider dealing enforcement to come in Hong Kong in the wake of perceived abuses and scandals of the global credit crisis of 2008. Secondly, it may be heralded as proof of the unequivocal intent of the Hong Kong Securities and Futures Commission to deter market manipulation through strict enforcement of its securities laws.However, the Du Jun case also emphasises certain weaknesses in the regulation and enforcement of insider dealing in Hong Kong. In particular, it highlights the questionable effectiveness of deterrence attempts that punish individuals while leaving their employers untouched. In the opinion of the authors, this omission raises important policy issues which, if left unrectified, might lead to the perception that there are, in practice, two sets of securities laws in Hong Kong.","PeriodicalId":43510,"journal":{"name":"Company and Securities Law Journal","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2011-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67746984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Use of Prospectuses by Investors and Professional Advisers","authors":"I. Ramsay","doi":"10.2139/SSRN.555901","DOIUrl":"https://doi.org/10.2139/SSRN.555901","url":null,"abstract":"This study reports the results of a survey of Australian investors and their professional advisers on how they use prospectuses and the utility of prospectuses. Information is obtained in relation to prospectuses for managed funds and direct share investments and includes (a) the most popular source of information for investment decisions, (b) views on the utility of prospectuses, and (c) how often trading is undertaken.","PeriodicalId":43510,"journal":{"name":"Company and Securities Law Journal","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2004-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67762490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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