作为马来西亚董事职责的一部分,应对可持续发展挑战

IF 1.3 Q1 LAW
Nurul Jannah Mustafa Khan, Hasani Mohd Ali, Hazlina Shaik Md Noor Alam
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引用次数: 0

摘要

成功实现可持续发展目标的发展离不开管理可持续发展信息的法规。因此,关于马来西亚可持续发展报告监管环境的有限研究需要进一步审查,以确定目前的框架。本研究旨在批判性地评估2016年马来西亚公司法和马来西亚公司治理守则(MCCG),以检查有关可持续发展报告框架的监管环境。进行审查是为了确定在马来西亚监管环境下对上述做法提供的支持程度。设计/方法/方法采用理论方法,以现有文献、法定文书和判例法为基础,辅以内容分析,探讨当前有关可持续发展报告的监管环境。研究结果表明,《2016年公司法》已经通过商业审查报告(BRR)为企业可持续发展的整合铺平了道路。然而,应用程序是自愿的,因此可能导致不一致的实现。MCCG已经引入了综合报告的做法,但其应用仅限于大公司采用“申请和报告”的方式。这种做法对其他类型的公司来说是自愿的,这降低了可持续发展报告的重要性,并使人怀疑其在解决长期可持续发展问题方面的效率。鉴于可持续发展对马来西亚经济和社会的重要性,由于缺乏适当的法律义务,目前的可持续发展报告框架不能被认为是令人满意的。原创性/价值本研究是目前马来西亚可持续发展报告实践的法律文献之一,增加了其原创性。本文希望激发学术界对将可持续性原则纳入2016年公司法和扩大董事职责的讨论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Addressing sustainability challenges as part of director’s duty in Malaysia
Purpose The development of successful Sustainable Development Goals realization cannot be divorced from regulations governing sustainability information. Therefore, limited research on the regulatory environment regarding sustainability reporting in the Malaysian context requires further examination to ascertain the current framework. This study aims to critically assess the Malaysian Companies Act 2016 and Malaysian Code on Corporate Governance (MCCG) to examine the regulatory environment regarding the sustainability reporting framework. The examination is done to determine the extent of support provided under the Malaysian regulatory environment for the said practice. Design/methodology/approach A doctrinal methodology that relies on the extant literature, statutory instruments and case laws complemented by content analysis is adopted to explore the current regulatory environment regarding sustainability reporting. Findings The findings indicate that the Companies Act 2016 has already paved the way for the integration of corporate sustainability through the Business Review Report (BRR). However, the application is voluntary and hence could lead to inconsistent implementation. The MCCG has introduced the integrated reporting practice, but the application is limited to large companies on “apply and report” approach. This practice is voluntary to other types of companies, which diminishes the importance of sustainability reporting and gives rise to doubt about its efficiency in addressing sustainability in the long term. The current framework for sustainability reporting cannot be considered satisfactory, given the significance of sustainable development to the Malaysian economy and society, due to a lack of appropriate legal obligations. Originality/value This study is presently amongst the available legal literature on sustainability reporting practice in Malaysia, adding to its originality. This paper hopes to stimulate discussion among academicians on incorporating sustainability principles in the Companies Act 2016 and expanding directors’ duties.
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来源期刊
CiteScore
3.90
自引率
6.70%
发文量
13
期刊介绍: The International Journal of Law and Management is a leading journal addressing all aspects of regulation and law as they impact on organisational development, operations and leadership. Organisations and their leaders operate in an increasingly complex world of emerging regulation across national and international boundaries. The International Journal of Law and Management seeks to acknowledge the dynamics of that environment and provide a platform for articles and contributions to stimulate scholarly debate in the development of law and practice. The International Journal of Law and Management seeks to present the latest research on policy, practice and theoretical perspectives and their impact on the development and leadership of organisations. Contributions of a multi-disciplinary nature are welcome. Coverage includes, but is not limited to: -Employment and industrial law- Corporate governance and social responsibility- Intellectual property- Corporate law and finance- Insolvency- Commercial law and consumer protection- Environmental law- Taxation- Competition law- Regulatory theory
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