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Summary The role of the expert witness is clear in the eyes of the court but that understanding is less consistent for the medical professionals who may be called on in this capacity. The fundamental key is the clinician’s purpose in using their experience, knowledge and training as they provide the court with an unbiased assessment of the clinical issues that have arisen in the case. Using the Australian context, this article provides guidance for clinicians who are asked to provide the court with their expertise through written and spoken representations, drawing upon experience and the use of the “Expert Witness Code of Conduct”.

Patients increasingly use the internet to access health-related information to better understand their treatments. This study compares the quality, accountability, readability, accessibility, and presence of translation between private and academic online source material available to the public regarding intravitreal injections (IVIs).Cross-sectional analysis.Top 20 websites on a Google search for the terms eye injections, intravitreal injections, and anti-VEGF injections.Websites were classified as private or academic. Quality and accountability were assessed using the internationally recognized DISCERN criteria and the Health on the Net Code of Conduct (HONcode). Readability was evaluated using an online tool that provides a consensus readability grade. The presence of and languages available for translation were recorded.The primary outcome measure was a comparison of the DISCERN and HONcode quality and accountability scores between academic and private websites. Secondary outcome measures included evaluating readability, accessibility, and presence of translation (in particular, Spanish).Eleven academic and 9 private websites were included. The overall mean score using DISCERN criteria for the academic websites (3.11 ± 0.46) was significantly higher than that of private websites (2.23 ± 0.61; P0.007). Similarly, of a possible total of 14 points for the HONcode, the average quality score for academic websites (10.91 ± 2.66) was higher compared with that for private websites (6.44 ± 3.36; P0.009). The mean consensus reading grade level was similar between academic (11.73 ± 1.68) and private (11.78 ± 1.48) websites (P = 0.94). Spanish translation was offered by only 7 of the 20 websites (5 academic and 2 private websites).The overall quality and accountability of online content for academic sites was significantly higher compared with that of private websites. Translation was rarely provided, and the readability grade level was significantly higher for both groups than recommended. Improving the quality, accountability, readability, and accessibility and incorporating translation in websites can help to improve patients' health literacy regarding IVIs, potentially leading to increased adherence to therapy plans and improved treatment outcomes.

Objective In Australia, the Code of Conduct for osteopaths states practitioners must take care of patients as their first concern, to practise safely and effectively, and among other activities, to engage in teaching and supervision. This study aims to explore: 1) the extent to which clinical educators are familiar with their duty of care responsibilities during clinical education and 2) clinical educators’ preparation, understanding of key principles of law, and their learning needs. Method This qualitative study using document analysis and a purpose-built online survey distributed among allied health clinical educators. Results Responses received from seventeen educators associated with seven Australian universities. Thematic content analysis revealed most are aware they owe a duty to a patient; less that they owe a duty to the student and; many do not understand the elements of legal disputes of negligence. Not all understood poor standards of record-keeping and a lack of documentation of student's progress may be issues of legal debate in negligence cases. Conclusion Why clinical educators do not understand all the elements of legal disputes of negligence and how they might apply during clinical education events was not determined. It is time to review the preparation of clinical educators to ensure they have all the knowledge they need when they support students' clinical education – the knowledge they need to ensure the principles of patient-centredness, student-centredness and safety are upheld.

A duty of candour is a duty to tell the truth. Yet, there is no legal duty of candour for Australian osteopaths. However, osteopaths worldwide have a vested interest in meeting patient's needs, identifying risks and improving clinical outcomes. The objective of this paper is to enhance osteopath's legal literary concerning ethical decision-making in clinical practice re open disclosure conversations or report adverse events. The aim is to identify the best way to manage open disclosure conversations and why Australian osteopaths should report adverse events. Method This paper reports on doctrinal research related to open disclosure and the reporting of adverse events. It reports on thematic and critical analysis of the content of pertinent osteopathic regulatory documents to identify if and how, the ethical principles of non-maleficence, beneficence, justice and autonomy and the clinical principles of patient-safety and person-centred care are applied. Findings and conclusion The ethical principles of beneficence and non-maleficence, justice and autonomy and the concepts of patient-safety and person-centred underpin the Code of Conduct's directive to osteopaths to engage in open disclosure and to report adverse events. Frameworks for how to manage open disclosure conversations are offered. Prior to engaging in open disclosure conversation's osteopaths must consult their professional indemnity insurers. Suggestions are offered for future studies.

Fast fashion companies have been working over the last decade to reduce harmful impacts in their global supply chains (SC); nevertheless, the literature shows that the sustainability of operations in their multi-tier SC beyond the traditional tier-1 level is still a challenge. This paper aims to contribute to filling this gap: first, by finding out how leading fast fashion companies are promoting sustainability in terms of relationships and practices developed upstream in SC. Second, by assessing the level of commitment with their Code of Conduct that those four companies perceive in their suppliers, aiming at identifying the factors that may contribute to achieve the best performance. With this purpose, we conduct a content analysis on the last six sustainability reports of the four largest companies in the fast fashion industry. We have developed a multi-criteria decision-making approach to assess which company has reached the best performance according to sustainability criteria, checking the robustness of the assessment with a sensitivity analysis. Results show companies are mainly implementing traceability management systems, training and capacity building teams, and joint long-term planning programmes to improve SC performance. However, performance assessment is no easy task due to the lack of transparency about the level of identification, compliance with CoC and relationships developed in the tier-1 position and beyond.

Buyers in developed countries often spend millions of dollars per year to ensure social compliance of their suppliers, yet the social performance of suppliers in developing countries remains poor. This paper discusses supplier social compliance in terms of adoption of public (e.g., SA 8000) and private (e.g., Walmart's supplier code of conduct) social standards and elaborates on the dynamics of standards adoption decision-making. Building upon ideas of asset specificity, social exchange, and organizational citizenship behavior, this paper develops propositions to provide an overarching framework explaining the adoption of public and private social standards. The paper shows that buyers and suppliers have different perspectives towards the adoption of public and private standards. Accordingly, the extent of supplier social compliance also varies based on the type of standard adoption. Further, adopting multiple social standards, i.e., both private and public, may not bring a corresponding increase in supplier social performance. Finally, from a buyer perspective, the selection of a particular social standard may require managing trade-offs. The findings can help managers in making better social compliance decisions.

Competition authorities are under severe political pressure to intervene quickly against the digital behemoth for a variety of reasons. Various expert reports have suggested that traditional antitrust or competition law enforcement and merger control are inadequate or insufficient to deal with competition issues in the digital sector. This paper explores the competition issues raised by digital platforms and ecosystems, the extent to which these issues can be dealt with by competition law and whether regulation could be a complement or a substitute to competition law enforcement. The paper is divided into three sections. In the first section we look at the economics of digital platforms and ecosystems and their business models. In the second part, we analyze the main challenges faced by competition authorities when they apply their traditional analytical tools to antitrust or merger control cases in the digital sector. The third part compares the EU Digital Market Act proposal to regulate Gatekeeper platforms and the UK proposal to establish an enforceable code of conduct to govern the behaviour of platforms funded by digital advertising that are designated as having strategic market status (SMS). We conclude with a research agenda to help competition authorities avoid the risks of inadvertently giving in to the political pressure of economic populism or ideology or issuing misguided decisions which may be ineffective or, even worse, restrict competition or innovation in the digital sector.

The more the distinction between professional and private life blurs, the more it becomes relevant whether employers may prescribe how employees should behave outside work. By analyzing different moral approaches found in the literature, this article introduces and develops the Integrity Approach to answer this question. Using this approach, an ethical principle for prescribing outside-work behavior is proposed: employees should behave outside work in such a way that they do not disrespect the integrity of their work. This principle is operationalized into twelve guidelines for employers prescribing outside-work behavior for their employees. This article opens up opportunities for follow-up research on the underexamined topic of outside-work behavior from an ethics perspective.

Artificial intelligence (AI), autonomous systems, and robotics are digital technologies that impact us all today, and will have momentous impact on the development of humanity and transformation of our society in the very near future. AI is implicated in the fields of computer science, law, philosophy, economics, religion, ethics, health, and more. This paper discusses the emerging field of AI ethics, how the AI industry is viewed by some as using AI ethics as window-dressing, or ethics-washing, and how employees have advanced corporate social responsibility and AI ethics as a check to big tech, with governments and public opinion often following with actions to develop responsible AI, in the aftermath of employee protests, such as against Google, Amazon, Microsoft, Salesforce, and others. This straightforward definition of ethics put forth by Walz and Firth-Butterfield is easiest to work with, when discussing ethical applications and design of AI. “Ethics is commonly referred to as the study of morality. Morality... is a system of rules and values for guiding human conduct, as well as principles for evaluating those rules. Consequently, ethical behavior does not necessarily mean “good” behavior. Ethical behavior instead indicates compliance with specific values. Such values can be commonly accepted as being part of human nature (e.g., the protection of human life, freedom, and human dignity) or as a moral expectation characterizing beliefs and convictions of specific groups of people (e.g., religious rules). Moral expectations may also be of individual nature (e.g., an entrepreneur’s expectation that employees accept a company’s specific code of conduct). This broad definition is used here because….the benefit of this neutral definition of ethics is that it enables one to address the issue of ethical diversity from a regulatory and policymaking perspective. Industry self governance is unlikely to fully protect the public interest when it comes to powerful general purpose technologies. It is encouraging to see that there is significant effort being made from those in government, such as the US Department of Defense and the Joint Artificial Intelligence Center (JAIC),as well as from civil society to promote responsible and trustworthy AI. U.S. federal government activity addressing AI accelerated during the 115th and 116th Congresses. President Donald Trump issued two executive orders, establishing the American AI Initiative (E.O. 13859) and promoting the use of trustworthy AI in the federal government (E.O. 13960). Federal committees, working groups, and other entities have been formed to coordinate agency activities, help set priorities, and produce national strategic plans and reports, including an updated National AI Research and Development Strategic Plan and a Plan for Federal Engagement in Developing Technical Standards and Related Tools in AI. In Congress, committees held numerous hearings, and Members introduced a wide variety of legislation to address federal AI investments and their coordination; AI-related issues such as algorithmic bias and workforce impacts; and AI technologies such as facial recognition and deepfakes. Despite the differences we see and shall see between nations’ approaches to AI, there are also numerous synergies. There are many opportunities for governments and organizations to coordinate and collaborate internationally. This is likely to be increasingly important as many of the challenges and opportunities from AI extend well beyond national borders. AI regulation is hard for national governments to do by themselves. There are certainly issues of national competitiveness, but failing to partner internationally on AI development will not serve anyone's interests. The role of inter governmental initiatives is really valuable in responsible AI to support its development. The OECD AI recommendation is a really encouraging example. The OECD Principles on Artificial Intelligence promote artificial intelligence that is innovative and trustworthy and that respects human rights and democratic values. They were adopted in May 2019 by OECD member countries when they approved the OECD Council Recommendation on Artificial Intelligence. The OECD AI Principles are the first such principles signed up to by governments. The OECD AI Principles set standards for AI that are practical and flexible enough to stand the test of time in a rapidly evolving field. They complement existing OECD standards in areas such as privacy, digital security risk management and responsible business conduct. To ensure the successful implementation of the Principles, the OECD launched the AI Policy Observatory in February 2020. The Observatory publishes practical guidance about how to implement the AI Principles, and supports a live database of AI policies and initiatives globally. It also compiles metrics and measurement of global AI development and uses its convening power to bring together the private sector, governments, academia, and civil society. In June 2019, the G20 adopted human-centered AI Principles that draw from the OECD AI Principles. Over 40 countries including the U.S. as well as some non OECD members have signed on to the OECD AI principles. This is the first intergovernmental AI standard to date. Thus, international coordination on AI is not only critical but possible. AI will impact everyone so everyone should have a say. It is really valuable and important at these relatively early stages of AI governance that we make the effort to hear from all people, including those who struggle to be heard.

The recent iteration of India’s Intermediary Rules have been widely touted to be problematic by stakeholders across the spectrum. With concerning provisions on content takedowns, timeframes and traceability that are detrimental to free speech, expression and personal privacy of users, these regulations might have the potential to not only threaten their digital freedom, but also endanger the concept of an Open Internet. While the State’s intent behind (over) regulating might be constructive; to prevent harms and mitigate instances of mis/disinformation and hate speech, the efficacy and impact of policy instruments deployed for the same, are debatable. Further, some of these provisions can stifle innovation and retard the internet economy in the country. Self-regulation by intermediaries — the other alternative here, has also failed to find ground in India. Such a policy standoff demands the need for adaptive, smart and multi-stakeholder driven collaborative regulations, that are supplemented with transparency. A consultative co-regulatory framework, that is built on equitable representation, is the need of the hour. It is with this context that this short article attempts to explore co-regulatory interventions that can be made to better regulate internet intermediaries in India. Inspiration has been broadly taken from the EU's Code of Conduct on Disinformation, as well as the very recent Digital Services Act (DSA).

The medical personnel are bound by the provisions of law guiding the operations and practice of the Medical profession in Nigeria to ensure strict adherence to the medical code of conduct. Using the legal approach, this paper interrogates the institutional mechanism for enforcing these regulations by studying the Medical and Dental Practitioner Council of Nigeria's activities. It also explores the Medical Doctor's patient’s relationship to ascertain the extent to which the regulatory body has sanctioned erring doctors who violated the code of conduct/ethics of the medical profession in Nigeria. The article argues that the absence of a regulatory framework breeds indiscipline. It concludes that the Medical and Dental Practitioner Council of Nigeria should rise to their responsibility to restore confidence in a would-be patient that may likely seek medical advice or solution to their problems.

Universities have discarded their role as institutions dedicated to the marketplace of ideas and the freedom of expression. The desire to shield students from ideas that make them uncomfortable has unfortunately spread to professional programs, as administrators have constructed student conduct policies that limit political speech. Although recent federal circuit decisions have permitted professional programs more discretion to punish speech than undergraduate or graduate students, courts have only applied those decisions to situations where student conduct clearly violates established professional standards. While professional programs possess a legitimate pedagogical purpose in preparing its students to enter a licensed profession, that purpose is not absolute and is limited by the First Amendment when applied to political speech. Courts should find that professional programs violate its students’ First Amendment rights when student conduct policies punish political speech that does not violate any written code of conduct or established professional standard. When a university punishes a professional student’s political speech without reference to existing professional standards, student discipline may become a pretext for discrimination against political beliefs. Accordingly, courts should hold that an administrator’s application of a student conduct policy against political speech is void for vagueness and overbreadth and risks viewpoint discrimination. When students are unaware of what political speech their universities may sanction, they may avoid engaging in frank discussions of politics over the fear of discipline. Professional students are the emerging leaders of our country, and their program administrations should not chill them from freely expressing their opinions on matters of public concern as the price of admission into the program. This article will take a novel approach to reject limitations on professional student political speech, using the Tenth Circuit’s analysis in Hunt v. Board of Regents of the University of New Mexico to demonstrate the threat of students’ First Amendment rights.

This study aims to shed light on how to foster a welfare-enhancing policy regime for financial consumer protection (FCP), mainly through a literature and institutional survey on three pillars of FCP policy-financial education, ex ante (or before point of sale) FCP measures, and ex post policy instruments. To that end, we first conceptualize the typical behavioral patterns in the demand- and supply-side of the financial markets, to be tamed through an FCP policy regime, and also attempt to reflect the ramifications of the on-going global trend of digital transformation. As to the first pillar, most of the literature claims that no consensus exists as to the goal of financial education (FE), one that is clear, specific, and measurable enough to guide empirical endeavor to gauge its effectiveness. On this issue, we suggest three dimensions of financial capability as possible targets of measuring the effectiveness of FE – knowledge dimension, choice and decision dimension, and outcome dimension, and discuss a possible testing strategy. Another issue stressed is that, given the inherent complexities in most financial products, the second letter “E,” i.e., pedagogy and timing, should be given a higher weight than the first one “F,” i.e., contents, in designing a FE strategy. In the supply-side, three sets of policy instruments are discussed as the key FCP elements: that is, the self-regulation mechanisms such as code of conduct, and training and certification programs for business ethics; the behavioral principles along with rules and regulations to ensure fair and ethical consumer treatment (FECT); and, internal governance structure to align FECT with incentives of employees of financial institutions. In addition, dispute resolution mechanism along with the legal responsibility of service providers if and when FECT is violated are also discussed. Using the key findings, we develop a template, or a checklist, by interacting the key behavioral patterns to be tamed with the FCP policy instruments, and suggest a set of indicators based on the matrix developed to be used for international comparison.

This book chapter provides an overview of how the academic literature on corporate ethics codes and practices has developed across time and space. Our emphasis is on charting this development in a global context. Specifically, we review the academic literature over the last three decades and organize our core findings into three main sections: (1) Evolution in the content of corporate codes of ethics across time and space, (2) evolution in the practice of corporate codes of ethics across time and space and (3) global translation of codes of ethics. We note that while the practice of adopting corporate code of ethics has continued to develop globally, there is a lop-sided emphasis in academic literature focused on codes of ethics in developed nations. Given the persistent prevalence of corporate misconduct despite the adoption of such codes, we identify some important themes and key research questions for guiding future research in the field.

Credit rating agencies in an economy play the role of a gate keeper and an influencer. Today investors are offered highly complex products which promise lucrative returns with minimal risks. However, there are no free lunches in this world .When doomed they blame plenty, but the forerunners are usually the rating agencies and regulators who wait for companies to fall off the cliff before they alarm any danger. In India regulations are looked after by SEBI (SEBI regulations 1999). This paper throws light on the challenges posed by the structure, mode of operation, data usage and value addition by these agencies .We suggest various measures which if undertaken can assist in safeguarding investor’s interests This paper also captures international regulations put up after crisis of 2008, namely Dodd Frank Act & IOSCO code of conduct. Throughout the world rating is an oligopoly market with three major players called Standard & Poor(S&P), Moody’s and Fitch Group. Even in India they operate either through holding stake or a fully owned subsidiary. Thus, it becomes essentially difficult to prevent abuse of power in hands of these agencies .Keeping all this in view this paper gives a consolidated view of the situation in hand.

This article provides a big-picture overview of the field of ethics and compliance, paying particular attention to the role and value of collaborating with human resources to achieving effective ethics and compliance programs. I hope this article will be useful to students of ethics and compliance, current and aspiring ethics and compliance practitioners, and professors who teach in the area. The article begins by exploring the historical milestones of ethics and compliance to establish the context and legal foundation of modern ethics and compliance practice. We go on to discuss the role of ethics and compliance teams in today’s companies, and the interplay of ethics and compliance, the general counsel’s office, and the human resources department. We then explore the critical function of the code of conduct in an effective ethics and compliance program, from which point we examine the importance of training and role modeling to achieving an ethical culture. We conclude by discussing internal investigations and whistleblowers. At every stop along the way, we look at the critical role of human resources and other key stakeholders in achieving effective ethics and compliance programs.

The purpose of this case is to increase familiarity with professional integrity, as described in the AICPA’s Code of Conduct, and enhance understanding of how integrity might influence the behavior and conduct of both accountants and accounting firms. Against the backdrop of integrity, the case aims to encourage critical thinking and consideration of whether there is a potential conflict between integrity and accounting firm lobbying. Using an example that mimics the conflict minerals provision (Section 1502) within the 2010 Dodd-Frank Act, this case engages students through an interaction featuring Will and Caroline, two staff auditors discussing the issue of professional integrity while taking a break from CPA Exam studying. Pre- and post-test student responses provide evidence that the case effectively enhances knowledge of the professional integrity section of the AICPA’s Code of Conduct, understanding of how integrity relates to the behavior of accountants and accounting firms and familiarity with the subject of accounting firm lobbying.

Background Australian midwives are regulated under the National Registration and Accreditation Scheme. Unregistered birth workers may provide midwifery services at homebirths without any regulatory oversight. To address this issue, several states have passed legislation enabling prohibition orders to be made (negative licensing) against unregistered health practitioners who fail to comply with a statutory code of conduct developed for those not covered by the National Scheme. Aim To explore the consequences for the availability of birth choices for women that arise from the introduction of negative licensing. Discussion An analysis of the regulatory framework and recent cases of unregistered birth workers attending homebirths reveals problems with equitable access to homebirth support, arising from issues with professional indemnity insurance, geography, and poor integration with hospitals and the wider healthcare system. These problems contribute to women choosing to employ the services of unregistered birth workers. Conclusion Negative licensing provides a useful additional tool for improving the safety of homebirths for mothers and babies, but it does not address the issues leading expectant parents to choose an unregistered birth worker to attend their births, and may contribute to an increase in high-risk behaviours, such as freebirthing.

Previous research into law and corporate social responsibility mostly assumes that the vertical structure of production is exogenous. Here, we allow a brand to choose between vertical integration and outsourcing. With outsourcing, the brand avoids some liability and responsibility, but loses direct control over the producer’s infringement of law or code of conduct. Infringement increases with production, so the brand tailors production to guide the producer’s infringement. The elasticity of demand for the product affects the degree to which, under outsourcing, the brand will increase production to induce the producer to reduce cost through infringement. If the demand is sufficiently elastic relative to the social harm caused by infringement, the optimal policy is to reduce avoidance such that the brand chooses vertical integration. However, if the demand is sufficiently inelastic relative to the social harm, then the optimal policy is to increase avoidance such that the brand chooses outsourcing.

The ‘Code of Conduct for Responsible Fisheries’ developed by the United Nations Food and Agriculture Organisation has been central for the governance of fisheries. Most responsible fisheries initiatives are market-driven and motivate transitions towards greener economies. These added-value fish economies have increasingly connected fishing grounds to external markets that demand high quality sustainable products. This article problematizes the framework of responsible fishing and examines its intersections with place-base institutional processes in the Pacific coast of Colombia. In doing this, it explores how the concept of ‘responsible fishing’ has been framed, arguing that it has been used to operationalize the expansion of neoliberal processes in the oceans. It draws on small-scale fisheries performed by Afro-descendant people in the Gulf of Tribuga, where responsible fishing narratives have been linked to the creation of marine protected areas and responsible fish supply chains. Two dominant framings of responsible fishing were identified; a ‘sustainability’ framing that denotes the sustainable use of fishing resources, and a ‘technical’ framing that refers to the use of environmentally safe practices. However, none of these framings accounts for social responsibility. Instead they have enforced the division of fishing practices between ‘responsible’/‘irresponsible’, and produced static, ahistorical and oversimplified understandings of fishing dynamics. All this has triggered a local need for external control over fisheries governance, disempowering place-based control mechanisms. This article concludes by questioning whether responsible fishing can successfully ensure a sustainable use of fishing resources, or if moving beyond ‘responsibility’ is needed to strengthen local institutional processes and autonomy among coastal peoples.

Building on the inputs by a range of experts who participated in the February 2017 international symposium on “Designing the Future for Fisheries Certification Schemes” at the University of Tokyo, this manuscript traces the origins of fisheries certification schemes, relevant developments, and remaining challenges from an Asian perspective. Over the past 20 years, seafood certification has emerged as a powerful tool for meeting growing demands for sustainable fisheries and aquaculture products. Despite broad consensus among countries regarding what constitute responsible fishing practices, the fisheries certification landscape remains uneven. A plethora of certification schemes has generated confusion among consumers and retailers, and capital-intensive certification schemes may be out-of-reach or impractical for some small-scale fisheries, particularly within the developing world. A recent initiative by the Global Sustainable Seafood Initiative (GSSI) is aiming to address the diversity within the certification landscape by creating a tool to benchmark certification schemes that are in line with the FAO Code of Conduct for Responsible Fisheries and other relevant agreed FAO guidelines on fisheries, ecolabelling and aquaculture. Countries in Asia are among the world's top consumers and exporters of seafood, yet have faced some particular challenges with regard to seafood certification, underscoring the need for certification schemes that account for regional and local conditions and management practices, particularly with regard to small-scale fisheries.

Marine conservation actions are promoted to conserve natural values and support human wellbeing. Yet the quality of governance processes and the social consequences of some marine conservation initiatives have been the subject of critique and even human rights complaints. These types of governance and social issues may jeopardize the legitimacy of, support for and long-term effectiveness of marine conservation. Thus, we argue that a clearly articulated and comprehensive set of social standards - a code of conduct - is needed to guide marine conservation. In this paper, we draw on the results of an expert meeting and scoping review to present key principles that might be taken into account in a code of conduct, to propose a draft set of foundational elements for inclusion in a code of conduct, to discuss the benefits and challenges of such a document, and to propose next steps to develop and facilitate the uptake of a broadly applicable code of conduct within the marine conservation community. The objectives of developing such a code of conduct are to promote fair conservation governance and decision-making, socially just conservation actions and outcomes, and accountable conservation practitioners and organizations. The uptake and implementation of a code of conduct would enable marine conservation to be both socially acceptable and ecologically effective, thereby contributing to a truly sustainable ocean.

Lessons learnt from the 2009 (H1N1) flu pandemic highlighted factors limiting the capacity to collect European data on vaccine exposure, safety and effectiveness, including lack of rapid access to available data sources or expertise, difficulties to establish efficient interactions between multiple parties, lack of confidence between private and public sectors, concerns about possible or actual conflicts of interest (or perceptions thereof) and inadequate funding mechanisms. The Innovative Medicines Initiative's Accelerated Development of VAccine benefit-risk Collaboration in Europe (ADVANCE) consortium was established to create an efficient and sustainable infrastructure for rapid and integrated monitoring of post-approval benefit-risk of vaccines, including a code of conduct and governance principles for collaborative studies. The development of the code of conduct was guided by three core and common values (best science, strengthening public health, transparency) and a review of existing guidance and relevant published articles. The ADVANCE Code of Conduct includes 45 recommendations in 10 topics (Scientific integrity, Scientific independence, Transparency, Conflicts of interest, Study protocol, Study report, Publication, Subject privacy, Sharing of study data, Research contract). Each topic includes a definition, a set of recommendations and a list of additional reading. The concept of the study team is introduced as a key component of the ADVANCE Code of Conduct with a core set of roles and responsibilities. It is hoped that adoption of the ADVANCE Code of Conduct by all partners involved in a study will facilitate and speed-up its initiation, design, conduct and reporting. Adoption of the ADVANCE Code of Conduct should be stated in the study protocol, study report and publications and journal editors are encouraged to use it as an indication that good principles of public health, science and transparency were followed throughout the study.

This paper examines how the General Data Protection Regulation (GDPR) can be used to address procedural problems faced by platform workers, including opaque rating systems, arbitrary account suspension and nonpayment, and uncommunicative clients and platform operators. GDPR provides workers with a variety of rights with respect to their data, including right of access, right to rectification, and rights regarding automated decision-making. Additionally, Art. 40 of the GDPR establishes the possibility for groups of controllers to develop codes of conduct that clarify the application of GDPR to their particular sectors. This paper details the application of GDPR to labor platforms, provides draft text for an Art. 40 code of conduct for labor platforms, and discusses how such a code could help address procedural problems encountered by platform workers. We hope that this paper can help spark a discussion at European level among trade unions and other stakeholders in platform work about how to use GDPR to address the ‘procedural problems’ faced by platform workers, regardless of their employment status.

As part of the research project “Data Protection by Design in Smart Cities”, this Discussion Paper consists of a legal-scientific Data Protection Impact Assessment (DPIA) discusses, on the basis of a technological Smart City project in Berlin (at Ernst-Reuter-Platz), how to build large data-driven innovation projects using a data protection by design strategy. The aim of this evaluation is to demonstrate how a DPIA can help to define a data protection by design strategy ensuring that the project meets the legal and societal expectations. The study illustrates that the EU General Data Protection Regulation does not forbid data-driven innovation projects per se, but rather forces the stakeholders involved to coordinate in due time how to process personal data to avoid unnecessary risks to individuals and the society as a whole. By means of certification schemes and codes of conduct, private companies can use such a data protection by design strategy as a competitive advantage and at least as a business opportunity. However, the study also points out some to-do’s for the regulator: First, this study provides some conceptual clarifications on the methodology of the risk assessment, which are addressed to the Commission nationale de l'informatique et des libertes (CNIL) and the Technology Working Group (“AK Technik”) of the Conference of the German Data Protection Authorities. Second, the regulator should follow its instruction from Art. 40 and 42 GDPR to support micro, small and medium-sized companies to set up certification schemes and codes of conduct for their processing activities. Third, national legislators should use the flexibility clauses in the GDPR to increase legal certainty for data-driven innovation projects, especially in the public interest, by applying a data protection by design strategy as presented. Finally, the EU legislator should reconsider its envisaged approach for the ePrivacy Regulation: instead of focusing on the consent of data subjects as the main legal basis for data processing, the legislator should establish a “legitimate interests”-clause with an obligation to adhere to an appropriate code of conduct or certificate for the processing activity in question.

The case study deals with the business development of a B2B bakery. It intends to illustrate how to evaluate segments of the operations using Economic Value Added (EVA), and how this analysis can be further used in a matrix approach that shows the development of the segments in their lifecycle, as well as the cash-related interactions among them. The case continues by discussing the components of a state-of-the-art code of conduct that could be used to implement some of the desired changes. The open discussions at the end of the case study should motive students to take a critical stance on generic strategies purported by Value-based Management and the BCG-matrix.

Dr. Zia Ullah Ranjha has sent me his recently published book titled Reflections on the Justice System of Pakistan. He has been my student in his LLM studies. He wrote his thesis under my supervision. His credentials as a writer were shining even at that stage. I am proud that he has progressed further and done his PhD as well. Taking an opportunity after reading his book, I consider it appropriate to review the same.

Corporate governance involves a set of relationships between a company’s management, its board, its shareholders and other stakeholders and effective governance requires a structure through which the objectives of the company are set, the means of attaining those objectives and monitoring performance are determined, and the company and its people are held accountable. Since the elements of corporate governance include ethics, risk management, compliance and administration, companies must establish and maintain the appropriate “control environment” in order for their corporate governance procedures to be effective. One of the first steps in establishing the appropriate control environment is the adoption and dissemination of corporate governance instruments and this chapter covers of the content of key governance-related codes, policies and procedures including principles of corporate governance, codes of conduct and ethics for the entire enterprise, board of directors’ code of conduct, CEO/CFO code of ethics, “independent director” requirements and guidelines that the nominating or corporate governance committee can follow in evaluating prospective candidates for the board of directors and sustainability-related instruments.

The EU lawmaker has introduced several certification models in the GDPR. A first model entitles accredited private certification bodies to design and manage certification schemes under the close monitoring of the supervisory authorities. Another model gives to the supervisory authorities the opportunity to design and manage their own schemes. But the EU lawmaker has also left the door open to the establishment of schemes at the margin of the data protection framework. Nothing in the GDPR prohibits to create certification schemes outside Articles 42/43 regime. The diversity of arrangements shows that certification is a flexible system capable to adapt to many different situations and environments. This is also a free market that proves to be difficult, if not impossible, to entirely monitor. These basic features challenge the original attempt of the EU lawmaker to monitor the design and management of certification schemes in the GDPR. Moreover, the GDPR also says that the definition of certification suggested by the European Data Protection Board (EDPB) does not fully map this notion as designed in the GDPR. The data protection regulation offers a much more accurate picture of certification than the one proposed by the EDPB. The GDPR shows that the nature of certification is basically contextual. It depends on the arrangement of the scheme and the purposes for which this instrument is used. The analysis of the monitoring process of the code of conduct set in Article 41 GDPR helps to define certification. It shows this is neither the attestation of conformity nor the conformity assessment that best defines certification. The very nature of certification lies in its nature of ex ante enforcement instrument.

This contribution explores the political strategy applied by the European Commission (Commission) to prevail over the obstacles for achieving legislative harmonization in the field of corporate direct taxation in the European Union (EU). It argues that the Commission’s political strategy is evolving throughout the years adapting to the changes in the international and supranational scenarios and expanding through three basic elements: (1) the actor’s involved in the direct tax policy discussions and their preferences and meanings for a corporate tax reform; (2) the construction of policy narratives aligned with actor’s preferences and meanings; and (3) the institutionalization of policy groups: the Code of Conduct Group, the Joint Transfer Pricing Forum and the Platform for Tax Good Governance. These elements of change are discussed in order to evaluate whether and to what extent the strategy has so far generated the transfer of tax policies from the EU Members to the EU level. Having regard to the final policy goal of the Commission, which is to achieve a comprehensive direct corporate tax reform epitomized in the proposal of a Common Consolidated Corporate Tax Base, this working paper finalizes by identifying what should be the political strategy of the Commission in the next years to enable more transfer of direct corporate tax policies to the EU level.

Corporate Social Responsibility (CSR) is a catalyst to attain sustainability. This paper reveals the evolution, need, and benefits to small businesses by undertaking CSR initiatives. Moreover, it aims to identify CSR activities that make a startup sustainable. This study will lead to the identification of the nature of CSR initiatives, which are feasible for Start-ups and contribute to promoting start-up sustainability. The entrepreneurs thus enjoy several benefits by engaging in these activities like competitive advantage, stakeholder satisfaction, opportunity identification, good financial performance, innovation, etc. It reveals that due to cash crunch, startups undertake internal CSR activities the most. This study will, therefore, help in achieving the twin goals of Start-up sustainability through intersection of business and society and social up-liftment through CSR and help the entrepreneurs to formulate policies and strategies to make start-ups a sustainable one. Sustainable startups should formulate strategies to encourage entrepreneurship. The government should draw plans to educate startups owners about the strategic benefits of CSR. They should make and implement policies, which correspond to sustainable reporting standards and code of conduct of employees.

The purpose of this study is to investigate the kinship relationship among the Tai Ahoms of Assam and thereby to understand the community’s family structure and the code of conduct. Another purpose of this study is to look at the present cultural context of the uses of kinship terminologies where a particular kinship term may have different connotations. To carry out the research, the participant observation method was used. A set of questionnaires and a semi-structured group interview were used as a tool to collect data. Both the emic and etic understandings were used to investigate the inner cultural knot of the community. The study finds out that the Tai Ahom kinship relationship could be summarised into three categories: agnatic, matrilateral, and affinal. Family is central to kinship relations, where a relationship is given more importance than the interlocutor’s age and gender. An ethnolinguistic analysis of the Tai Ahom kinship terms would help the researchers to locate the human bonding and the cultural affinities and thereby to locate the basic structure of the society. This study can be useful in the identity research areas and the present scenario of the identity assertion movement in Assam. The study of the kinship terminologies from an ethnolinguistic perspective has not been discussed yet. Therefore, the study of kinship patterns is new and original to this study.

Judicial Etiquette, in the professional context of the Bar and the Bench is the customary behavior, good manners and courtesies extended between counsels, and between counsel and the Bench. Judges and Advocates play vital role in maintaining Judicial Etiquette. Whereas, Advocates being professionals are governed by the Code of Conduct and are regulated by their councils, but it is the judges who are required to keep their conduct above board as it is Judge who is required to primarily manage the courtroom. The authority of Judge reaches every corner of the society. The extraordinary power invested in the judicial office demands a high standard of behavior. Judicial Ethics cannot be learn by listing or be taught only by being told. One must live by values to preach and emulating is the best way to learn. Ethics enable the judiciary to struggle with confidence: to chasten oneself and be wise to learn by themselves the true values of life.

An unethical code of conduct of counsel or party representatives can lead to various procedural inefficacies and delays in the arbitral proceedings, which might risk the integrity of the arbitration process. Although it is an accepted principle that counsel are governed by the rules of conduct of their national bar associations, this very principle gives rise to ambiguity in the regulation of conduct in the international regime, due to the existence of several inconsistencies between rules of ethical conduct of the various legal jurisdictions that the counsel belong to. Even when counsel are similarly placed in terms of their national ethical rules, absence of an internationally agreed ethical conduct may give rise to inconsistencies either due to difference in interpretation or unfair use of a principle for client’s benefits, as there is no supranational authority governing their conduct. These inconsistencies impair fairness of the arbitral proceedings and encourage parties to choose counsel from a jurisdiction that has lower standards of professional conduct. Consequently, “counsel ethics in international arbitration remains an ethical no man’s land,” with the absence of a level-playing field. Hence, stems the need for regulation and elimination of such an unethical conduct through the adoption of a uniform code of ethical conduct.

Prepared remarks for the Focus on the Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement seminar organized by the Institute for Transnational Arbitration.

Much has been said and written about the ‘fiscal behaviour’ of multinationals. A tax code of conduct is often mentioned as a 'catch-all solution' for stimulating 'acceptable fiscal behaviour'. Stakeholders increasingly demand fiscal accountability to obtain verifiable and validated credible tax information. A tax code of conduct without a proper public reporting strategy will not build trust with stakeholders as it cannot offer the necessary guarantees that the (guiding) principles as prescribed are indeed followed. Credibility is created through accountability. Accountability can only be provided through transparency: showing how a corporate fiscal policy has translated itself into effective actions that have been monitored by the company or external auditors. A Tax code of conduct without a reporting obligation will not provide confidence to stakeholders like investors and civil society. A serious tax transparency strategy will and moreover contribute to combat 'greenwashing'. We address existing Tax Codes of Conduct, company examples and the new global tax reporting standard GRI 207: Tax 2019.

Superpowers, states and companies around the world are all pushing hard to win the AI race. Artificial intelligence (AI) is of strategic importance for the EU, with the European Commission recently stating that ‘artificial intelligence with a purpose can make Europe a world leader’. For this to happen, though, the EU needs to put in place the right ethical and legal framework. This Foresight Brief argues that such a framework must be solidly founded on regulation – which can be achieved by updating existing legislation – and that it must pay specific attention to the protection of workers. Workers are in a subordinate position in relation to their employers, and in the EU’s eagerness to win the AI race, their rights may be overlooked. This is why a protective and enforceable legal framework must be developed, with the participation of social partners.

In this article, I intend to share my long experience with stenographers with respect to their skills of getting dictation and putting drafts for review and signatures. The interaction between a judge and a stenographer is of vital importance for smooth and timely disposal of cases. Judges interact with their stenographers not only for day to day orders on files but also for dictating final orders and judgments. It is argued that a good stenographer helps in quick and timely disposal of cases and vice versa. Job description of Stenographer is an important standing operating procedure for their performance. Ethical questions of maintaining confidentiality of communication is also discussed with reference to judicial conduct. Education and Training issues of judicial communication skills between judges and Stenographers, use of social media by court staff etc are also deliberated as of key importance.

Sustainability issues have received considerable attention from corporations that embrace corporate sustainability, which focuses on the triple bottom lines of societal, environmental and financial returns or impacts. However, although corporate sustainability has been studied in depth by analyzing qualitative and quantitative data, no studies have involved social media as part of the decision-making process to evaluate a Taiwanese-printed circuit board manufacturing focal firm. This study proposed appropriate attributes and developed the following hybrid method: (i) evaluate the weights of the aspects and attributes as described by qualitative and quantitative data and (ii) analyze how the use of social media modifies their decision-making process. The findings demonstrate that to acquire benefits from sustainable design, code of conduct and eco-products, firms must increase their exchange across corporate functions when dealing with these unexplored sustainability activities. In conclusion, this study compared the results of the above-described data using the Vise Kriterijumska Optimizacija I Kompromisno Resenje (VIKOR) weighted average method with vague sets and presents the managerial and theoretical implications for operations management studies.

The Jawaharlal Nehru Port Trust (JNPT) is the largest container port in India, handling about 40% of India's container traffic in 2014-15. JNPT has five container terminals (CT) out of which three have already been operationalised, a standalone CT of 330 metres (m) is partially operationalised and a fourth CT is under construction. While the first CT, Jawaharlal Nehru Port Container Terminal, is operated by JNPT, the second and third CTs are being operated by DP World and an APM Terminals-CONCOR consortium respectively. The standalone CT too is operated by DP World while the fourth CT was awarded to PSA International and is under construction. The development of the CTs is a case study to understand how various conflicts have been addressed or accentuated by policy makers, legal and regulatory authorities, and the mechanisms used to resolve them. Following a case-based analytical approach, case studies, court judgements, published and unpublished papers, media reports, primary data from discussions, and secondary data have been examined to construct a chronological story of the bids for the five CTs during the twenty five years since the commissioning of the port in 1989. The concessioning of each CT to a private stakeholder involved contentious issues which prompted the authorities to revise policy guidelines periodically to address them. Consequent and prolonged litigation resulted in time and cost overruns. Various issues, like policy formulation, contractual rights versus policy guidelines, strategic risks, monopoly prevention versus scale economies, market risks, effect of elections, leadership changes, security clearances, mutuality and clarity in documentation, that emerged during the bidding processes, have been crystallised as lessons learnt.

Narayanganj, contributes to the economy, employment, and export earnings of Bangladesh. Its history, natural endowments and strategic location have made it an important hub of all major knitwear, garments, and textile industries. This profile of Narayanganj reveals that, despite its good business environment and being a top destination for foreign and local investment, industrialisation has been both a boon and a bane. Population growth, rapid urbanisation and industrialisation are major challenges causing environmental deterioration and skewed land distribution, placing pressure on the social welfare of Narayanganj's residents. The newly formed city corporation faces a lack of fiscal strength that retards the overall progress of the city. This study suggests that effective monitoring of industrial activities and a comprehensive code of conduct/norms with fiscal strength to regulate the industrial sector can mitigate present injustices to make Narayanganj a more desirable and liveable city.

Cetacean-Based Tourism (CBT) is often confused with sustainable tourism. However, not every CBT operator has an environmental education component attached to its programme. In reality, CBT has the potential to negatively impact the animals it is targeting; thus management is required to mitigate any harmful effects from tourism activities. This paper analyses the attitudes and perceptions of the marine operators and tourists that partake in dolphin-swim activities in the Ponta do Ouro Partial Marine Reserve (PPMR) in Mozambique. Hand-out questionnaire surveys with closed and Likert scale type questions revealed that the tours are an effective means to promote pro-environmental behaviour and consequently increase compliance with the code of conduct. Nonetheless, in the PPMR, both tourists and operators presented only basic knowledge of the regulations of the reserve and of the dolphin, whale and whale shark code of conduct, indicating that there is a need for improvement. We provide recommendations for improving local management, which are also applicable at the national and international level. Overall, this paper provides knowledge and guidance for moving towards a sustainable based CBT industry in the PPMR.

This paper examines the effect of a regulatory action (the Home Valuation Code of Conduct) that was designed to reduce the incidence of inflated collateral valuations. We identify the impact of the regulation using a difference-in-difference identification strategy. Our baseline results confirm that the regulation reduced inflated valuations in refinance transactions by 16% in the large lender sample, compared to small lenders and a placebo sample. The effect is most significant in low-liquidity and low-distress markets, but not in other markets. We find that the regulation had a significant impact on loan to value ratio and interest rate, and it also led to a significant increase in defaults but a decrease in prepayments.

In the highly competitive global business environment, firms are being challenged by stakeholder groups—such as customers, NGOs, and regulators— to embrace sustainability and ensure that their supply chains are operating in a socially responsible manner. With the advancements in big data analytics, firms are increasingly investing in developing analytics capabilities to deliver operational improvements. However, the spillover effects of such technological solutions towards addressing stakeholder concerns and delivering on social performance are unclear. Drawing on stakeholder theory and RBV, this study investigates the role of supply chain analytics capability (SCAC) and customer pressure for ethical conduct (CPEC) towards the adoption of socially responsible practices by suppliers. The proposed relationships linking these constructs are empirically tested using data from a sample of 254 U.S. manufacturing firms. Findings indicate that supply chain analytics capability synergistically interacts with the pressure from customers for ethical conduct to improve the social and financial performance of suppliers. Findings also provide important implications for supply chain executives.

The rapid growth in the number of private companies and start-ups active in the space sector has not gone hand in hand with a critical reflection on the most appropriate ways to guarantee that this industry operates in a sustainable manner. There is a risk that the technological developments delivered by the Fourth Industrial Revolution (4IR) and the private capital invested in the space industry will widen the gap between the current legal order in space policy and the need to ensure that the interests of humankind are sufficiently protected with respect to the development of the space industry's activities. This article presents the case for a voluntary Code of Conduct for the space industry based on the concept of ‘do not harm’, underpinned by the definition of guiding principles and intervention principles and complemented by a compliance mechanism. Through this efficient and effective tool, the implementation of the sustainability principle will be fully embedded in the space industry's activities.

Korean Abstract: 국내 사법부에 대한 신뢰도가 OECD 국가 중 하위에 속한다. 몇 법관들의 개인적 이익을 위한 비리 및 최근 대법원이 행정부와 개별 소송의 판단과정과 판결에 대하여 사전 논의를 하고 조율이 있었다거나, 개별 법관의 소송에 대한 제3 법관의 입장이 전단되었다는 등의 제도적 비리 등에 대한 사회적 비판은 오랫동안 이어져 왔고, 그에 대한 여러 사법부의 신뢰도 향상을 목표로 하는 사건선임제한, 윤리규정 강화 등의 제도 개선안들이 도입되었다. 그러한 개선안들의 효과도 있었다고 보여지기도 하나, 문제로 인식된 개별 유형의 비리 행위를 규제하는 듯한 접근방식으로도 보여 지며, 사법부 신뢰도 개선의 근본적 해결책이 될 수 있을지에 대한 확신을 하기가 어려워 보인다. 미국 사법부 체재 중, 사법부 신뢰의 기반이라고 할 수 있는 소송자료 및 판결문의 공개, 판결문의 형식 개선과 법관의 윤리규정을 징계의 수단 보다는 사법부 신뢰개선의 관점에서 관리하는 방안을 검토한다. English Abstract: Korea judiciary ranked very low in 2015 OECD judiciary trustworthiness survey. Cases of individual judge misconducts involving financial gains and the recent case of the Supreme Court relating to it discussing cases and judgments thereof with the executive branch of the government and giving instructions to lower court judges relating to ongoing cases have now and then been subjects of media reports and social criticisms, and regulations have been introduced to prevent such judicial misconduct. Such regulations have had some mitigating effect but seemlingly aimed at preventing specific symptoms, such approach may not easily prvide the needed basic reforms in the judiciary. This paper reviews certain basic elements of the U.S. jucidiary, case record including opinions being public record, reasoned judicial opinions, and judicial rules of conduct more as tools for building up trustworthiness and less as tools for punishment of misconduct, that are fundamental to creating and maintaining its trustworthiness.

At the request of the National Anti-Corruption Agency of Italy (Autorita Nazionale Anti-Corruzione), this study provides information on GRECO’s findings and recommendations relating to the development of codes of conduct for public officials (including, in some cases, elected and/or appointed officials). Starting from the provisions of Committee of Ministers’ Recommendation No. R (2000) 10 on codes of conduct for public officials, including a Model code of conduct for public officials and its Explanatory Memorandum, the study reflects GRECO’s findings and recommendations during its evaluation rounds, with particular references to the codes of conduct for public officials (GRECO’s Second Evaluation Round) and, to a lesser extent, elected and/or appointed officials (GRECO’s Fourth Evaluation Round as regards Members of Parliament and Fifth Evaluation Round as regards central governments, including top executive functions). This study does not cover comprehensively codes of conduct for judges and prosecutors (GRECO’s Fourth Evaluation Round) and law enforcement agencies (GRECO’s Fifth Evaluation Round). However, when the author deems it relevant, for example, because a specific report marks a new positive development, appropriate references are made.

Apart from a few comparative surveys focusing on the largest companies, there are no content analyses of the codes of conduct of German companies. Due to country-specific differences in the legal, economic, and cultural environment, results of content analyses can hardly be transferred from one country to another. Refining existing coding schemes to include upcoming topics, like privacy consideration, but also code enforcement and implementation, we analyze the content, patterns, and anteceding background factors. Our findings indicate that while codes are very common nowadays, there are substantial differences in the degree to which codes address specific topics and functions. We find a single underlying dimension: the intensity of regulation. Codes are most elaborate in terms of what actors are supposed to do, while issues like guidance and enforcement are dealt with in less detail. Endorsement of the code by the top management is also quite low. As for background factors like sector and stock market segment, we find that regulatory intensity differs in line with stock market segment, which is not a proxy for company size but rather for the presence of companies in the public and regarding the code’s role, e.g., the preservation of a company’s image. Our study contributes to the literature by examining codes’ content of the largest German listed companies, which allows for both, international level comparisons and comparisons over time. In addition, we modified and disclosed a frequently used coding scheme that can be used for future research. Finally, we contribute to the business practice by generating a basis for benchmarking their code and giving recommendations for reconsidering their content and design.