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We examine the value of due diligence recommendations on Reddit's Wallstreetbets (WSB) platform. Before the Gamestop (GME) short squeeze, recommendations are significant predictors of returns and cash-flow news. This predictability is eliminated post-GME. Post-GME, the fraction of reports emphasizing price-pressure or attention-grabbing stocks dramatically increases, and the decline in informativeness is concentrated in these reports. Similarly, retail trade informativeness is particularly strong following DD reports in the pre-GME period, but not post-GME. Our findings are consistent with the view that the Gamestop event altered the culture of WSB , leading to a deterioration in investment quality that adversely affected smaller investors. [ABSTRACT FROM AUTHOR]

ABSTRACT: Section 1502 of the Dodd–Frank Act requires SEC‐registered issuers to conduct supply chain due diligence and submit conflict minerals disclosures (CMDs) that indicate whether their products contain tantalum, tin, tungsten, or gold (3TG) sourced from the Democratic Republic of the Congo (DRC) or its neighboring countries (“covered countries”). Consistent with the reputational cost hypothesis, we find that heightened public attention to CMDs increases responsible sourcing. After Section 1502 takes effect, we find higher demand for 3TG products processed in certified smelters, decreased conflicts in covered countries’ mining regions relative to other regions, and reduced sensitivity of conflict risk to conflict minerals’ price spikes. Finally, we find that conflicts decrease in Eastern DRC territories with prevalent 3T (tantalum, tin, and tungsten) mines but increase in territories with prevalent gold mines. Overall, our findings highlight the real effects of enhanced supply chain transparency regulation.

The article is devoted to the problems of proving the reality of an economic transaction in tax legal relations. The concept of the reality of an economic transaction is absent in the Tax Code of Ukraine. However, in practice, this concept is widely used by controlling authorities during tax audits. In the way of recognizing the economic transaction as unrealistic, the controlling authorities create the prerequisites for adding to the taxpayer the amounts of liabilities that, from the point of view of the controlling authorities, were understated by the taxpayer. A significant part of cases on appeals of tax notices-decisions concerns the results of tax audits in which the transaction was recognized as unreal, so in appeal cases the question arises of proving (and vice versa, refuting) the reality of economic transactions. The available array of information on this issue needs to be organized, researched, compared and recommendations formed, in order to achieve a greater degree of legal certainty. The reality of an economic transaction is a necessary requirement for displaying the results of the transaction in the taxpayer’s tax records. The criteria of reality have been developed by judicial practice, but they need to be detailed and clarified in order to achieve legal certainty. It is the controlling body that must prove the unreality of the business transaction, however, if it provides such evidence, the tax payer has the duty to refute them. The article determines the distribution of the burden of proving the reality of economic transactions, determines the place of private law and criminal law prejudice in proving the reality or unreality of transactions. The significance of the presumption of legality of the transaction for tax legal relations is clarified, the importance of primary documents in the process of proof in such disputes is investigated, it is determined the line between the principle of individual responsibility of the payer and the doctrine of “due diligence”, recommendations are provided for supervisory authorities and taxpayers regarding proof in this category of disputes. [ABSTRACT FROM AUTHOR]

The article analyses certain forms of business support, including grant support at the expense of public funds. In the context of constant instability and uncertainty, businesses are actively seeking alternative financial resources to carry out their activities. One of these external sources is the attraction of funds from the state and local budgets. Such support is especially important for small and medium-sized businesses. In its turn, the State (through public authorities or specialised institutions), by providing financial (grant) support, has the right to require these companies to comply with the rules and fulfil additional obligations in the context of social behaviour. It is noted that the State does not currently make full use of these tools. Given the rather difficult situation of business, the author proposes to introduce a mixed model of corporate social responsibility in Ukraine, where the principle of voluntariness will be ensured (business will independently decide whether and to what extent to adhere to high standards of socially responsible behaviour), the State will create conditions for encouraging business to behave in this way, and on the other hand, the State will carry out stricter regulation of certain types of activities. Based on the results of the study, proposals have been developed to encourage business entities to implement the principles of socially responsible behaviour. It is noted that in grant competitions, the compliance of a potential grantee with high standards of good conduct is important. The author substantiates a change in approaches to the evaluation of project applications of business entities in grant competitions. It is proved that the state, through the grant support system, should give priority and further fund only projects of businesses that implement socially responsible behaviour. It is proposed to tighten the requirements for potential grantees who are to be supported at the expense of state and local budgets. The author emphasises the expediency of introducing a special mechanism for the selection of suppliers and service providers for grant recipients, which will take into account the established integrity policy. [ABSTRACT FROM AUTHOR]

The article is devoted to the disclosure of legal due diligence as a system of business risk management when creating a virtual enterprise. Determining the full picture regarding the counterparty of the virtual enterprise is necessary in view of the importance of compliance with the requirements imposed by the regulatory and legal acts of Ukraine, adopted in connection with the large-scale military invasion, as well as the requirements of the EU regarding countering terrorism, illegal drug trafficking. The conducted research made it possible to come to the conclusion that due diligence is a systematic check of a business entity or certain assets, real estate objects based on professional analysis and assessment of information in order to identify and determine the degree of potential risks in order to make a decision on the feasibility of concluding the relevant contract and definition of its essential conditions. One of the types of such verification is legal due diligence, which consists in a legal verification of the legality of the company’s activities or the right to a certain asset of the opposite party. It is especially important to conduct it when creating a virtual enterprise, as it allows you to establish the identity of the future counterparty-participant of the virtual enterprise and, in turn, avoid the risk of establishing contractual relations with an improper counterparty. The stages of conducting legal due diligence are as follows: a) drawing up a plan for conducting an inspection with the definition of the necessary information and the procedure for obtaining it; b) obtaining information necessary for legal analysis; c) legal analysis and verification of the received information with the formulation of conclusions about the possibility of creating a virtual enterprise; d) formalization of the obtained results in the form of a written report. The legal basis for conducting this type of inspection can be a contract for the provision of consulting or legal services, as well as a contract between the company in respect of which legal due diligence is performed and the company that orders it. [ABSTRACT FROM AUTHOR]

This article argues that there is a large gap between the aspirations of international water law and the management of transboundary rivers and lakes necessary to address the existential challenges that have arisen in the twenty-first century. In addition to this gap in practice, these include climate destruction, the holistic view of river basins which includes environmental values and social justice, a more sceptical view of large dams and diversions, and the collapse of the post-World War II idea of a global community of shared values. Thus, international water law requires a transformative change to meet these challenges. New treaties and conventions are not needed. Instead, we need to move beyond traditional international water law. We call for innovation in three main areas: (1) the prevailing approach to this area of international law should be reconceptualised to more fully embrace global issues in ways that enhance community-building approach broadly anchored in the UN Sustainable Development Goals (SDGs); (2) the normative legal framework, especially procedural obligations, needs to be enhanced, in part through a more invigorated rule of due diligence; and (3) the current regulatory silos that apply to water law need to be better integrated across the layers of international/national law to better represent and to protect the communities of the watershed across the basin. [ABSTRACT FROM AUTHOR]

The article discusses how the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances may impact liability and due diligence under the U.S. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). It explored the regulation of per- and polyfluoroalkyl substances (PFAS) by the U.S. Environmental Protection Agency (EPA), the scope of EPA's enforcement discretion policy, and the outlook for CERCLA cost-recovery actions.

Privacy by Design (PbD) is crucial for fundamental privacy protection. However, PbD remains a voluntary initiative without any means to ensure its effective implementation. Article 25 GDPR codifies PbD as a legal obligation requiring technologies processing personal data to follow Data Protection by Design and by Default (DPbDD). However, Article 25 is only binding on controllers which limits its scope. For instance, the design of technologies may not coincide with the entry of the controller into the digital value chain. This implies that the burden of implementing DPbDD lies on the users of technology and not on its designers, questioning the true extent of protection by design if stages like product development and innovation are excluded. This paper explores the legislative motivation behind the personal scope of Article 25. A holistic interpretation of Article 25 in light of other provisions of the GDPR shows a possibility, albeit not direct, to influence the design phase of technologies. However, it remains unclear whether this possibility ensures a co-division of responsibility. To address this, we propose examining corporate supply chain due diligence, specifically the due diligence obligations of mother companies for actions of their subsidiaries and business relationships. [ABSTRACT FROM AUTHOR]

Mandatory human rights due diligence (mHRDD) laws are currently being proposed and/or implemented in countries around the world. Increasingly, these laws place obligations on corporations to establish or participate in corporate grievance mechanisms (CGMs). CGMs have the potential to ensure that rightsholders are empowered to hold corporations accountable for their human rights performance. But our limited knowledge of how CGMs operate indicates that many are not producing results that are valuable for workers and communities. CGM provisions in mHRDD laws in Germany and Norway, and draft laws produced in the European Union and Brazil are rudimentary and unlikely to produce better-performing CGMs. Analysis of Norwegian mHRDD corporate reporting identifies that many corporations fail to understand the basic elements of an effective CGM. The article therefore argues that requirements for CGMs in mHRDD laws will only be a progressive move if such laws also demand disclosure of information that empowers national authorities, as well as civil society actors and researchers, to scrutinize CGMs to ensure they are effective. Disclosure requirements must speak to three issues: (1) how accessible CGMs are, (2) the way complaints are handled, and (3) the remedies provided to rightsholders. If, as a result of scrutiny of this data, mHRDD laws can produce well-functioning CGMs, this could lead to rightsholder concerns becoming more central to due diligence processes, potentially addressing cosmetic compliance with due diligence obligations. [ABSTRACT FROM AUTHOR]

Capital constraints are one of the major challenges for the supplier to invest in activities to enhance environmental and social responsibility (ESR) in production. Responsible buyer direct financing has emerged as an important solution to motivate supplier ESR by pegging the interest rate to the supplier's ESR level. Motivated by real practices, we develop game‐theoretical models to explore the value of conducting blockchain‐assisted due diligence to inspect the borrowing supplier's ESR qualification in a two‐tier supply chain structure where the downstream buyer directly finances the capital‐constrained supplier. Conventional wisdom tells us that driving greater supplier transparency (e.g., conducting blockchain‐assisted due diligence) will motivate the supplier to strengthen environmental and social compliance. However, we identify the necessary and sufficient "backfiring condition" under which the blockchain‐assisted due diligence may "backfire" by reducing the supplier's ESR efforts. The supplier devotes more ESR efforts if and only if the due diligence cost is sufficiently high. Our result implies that the heavy cost of adopting blockchain technology is not necessarily bad from the responsibility perspective as long as the backfiring condition does not hold. Moreover, we identify the Pareto zone in which conducting blockchain‐assisted due diligence could benefit both supply chain members. We extend our model by examining the impact of a shift from profit orientation to social welfare orientation. Our findings provide managerial insights into the implementation of blockchain‐assisted due diligence to enhance supplier ESR and improve supply chain members' profits. [ABSTRACT FROM AUTHOR]

This article examines the impact of sustainability-oriented governance factors on companies reporting on due diligence requirements of conflict minerals (DDRCM). We use the rating scores that are assigned by the Responsible Sourcing Network (RSN) on a sample of multinational companies between 2015 and 2019. We consider whether the existence and type of an independent external audit, the existence of sustainability reports to communicate a firm's message, the inclusion of sustainability-related targets in executive compensation contracts, and the existence of board-level sustainability committees are associated with DDRCM reporting. We find that the combined effect of sustainability-oriented governance factors is associated with higher DDRCM reporting suggesting that sustainability governance plays an effective role in shaping the corporate response to conflict mineral risks. We also find that effective boards moderate the association between sustainability governance and DDRCM reporting suggesting that effective boards can substitute for the resources that are required for sustainability governance. [ABSTRACT FROM AUTHOR]

The surge in visibility of human rights abuses within the seafood supply chain has propelled scrutiny into the sustainability of global fisheries, leading to heightened interest in the social performance of seafood companies and questioning the obligations of States in upholding human rights under international law. This review aims to bring clarity on where responsibility for ensuring compliance with human rights law lies within the context of the fishing industry. It provides a comprehensive analysis of international legal provisions related to the human rights of fishers, derived from both treaty law and State practice. To effectively address human rights and labor abuses, a transformative approach that prioritizes the wellbeing of workers over profit is needed, involving the implementation of participatory strategies, empowering workers and the cultivation of shared responsibility. Despite the proactive role played by the private sector in developing global standards, the review uncovers inherent limitations in relying solely on certifications for comprehensive human rights protection. The study concludes that international human right law unequivocally applies to fishers, with States primarily responsible for enforcement. As enforcement remains a challenge in the maritime context, particularly on the high seas, the burden for solutions should rest on a collaborative effort within the international arena to ensure a sustainable and ethical future for global seafood. [ABSTRACT FROM AUTHOR]

Due diligence is a fundamental component of ensuring a sustainable and legal wildlife trade that is also supportive of the livelihoods and businesses that depend on the trade. This is particularly true with species listed on the Convention on International Trade in Endangered Species (CITES) that are considered threatened or may become threatened by trade. Undertaking due diligence exercises requires access to information on which to base such decisions; however, the extent to which information is available is unclear. We used the trade in tropical pitcher plants (Nepenthes) for horticultural purposes as a case study to determine the extent to which information is available. A systematic survey of online trade was conducted for species described from 1996 to 2016. For the species found in trade, these were cross‐referenced with the CITES trade database, and inquiries were made to the relevant CITES Management Authorities and National Focal Points Access and Benefit Sharing (ABS). Of 83 newly described species, 61% were offered for sale online in 2018. Despite all Nepenthes species being listed on CITES, only 23% (n = 19) of the species being sold online were reported in trade on the CITES Trade Database, and only 3 were from the countries of origin. Thirty‐two of these species had no international trade recorded according to the database. Management authorities of CITES for the countries of origin confirmed trade had been permitted for 5 of 32 species. Lack of CITES records may be explained by trade under "Nepenthes spp." or as exempt parts and derivatives. However, permits to collect and commercialize are likely to be required as part of the Nagoya Protocol on ABS from the Convention on Biological Diversity. The ABS National Focal Points were contacted to determine whether collection or commercialization permits had been issued for the remaining species. Only 2 of 7 focal points replied, and both stated no permits had been issued. Lack of traceability information or response related to the issuance of collection and commercialization permits is concerning and hinders the due diligence of businesses and consumers wanting to ensure their trade is legal, sustainable, and ethical. [ABSTRACT FROM AUTHOR]

Purpose: This study aims to investigate the extent of Shariah compliance in wakalah sukuk and Shariah non-compliant risk disclosure in the sukuk documents and to analyse the risk management techniques associated with the disclosed risks. Design/methodology/approach: This study uses qualitative document analysis as both data collection and analysis methods. The document analysis acts as a data collection method for 23 wakalah sukuk documents selected from 32 issuances of wakalah sukuk from 2017 to 2021. These sukuk documents were selected based on their availability from relevant websites. Document analysis, both content analysis and thematic analysis, were used to analyse the data. Codes were grounded from that data through keywords search of Shariah noncompliant risk and its risk management. Besides these, interviews were also conducted with four active industry players, i.e. two legal advisors of wakalah sukuk, a wakalah sukuk trustee and a sukuk institutional issuer. These interview data were analysed based on categorical themes, on the aspects of the extent of Shariah compliance in sukuk, and the participant's views on the risk management techniques associated with the risks or used in the sukuk documents. Findings: Overall, the findings reveal three types of Shariah non-compliant risks disclosed in the sukuk documents and seven risk management techniques associated with them. However, the disclosure and the risk management techniques can be considered minimal in contrast to the extent of Shariah compliance in a sukuk, i.e. Shariah compliance at the pre-issuance stage, ongoing stage and post-issuance stage. On top of these, it was also found from the interviews that not all risk management techniques are workable to manage Shariah non-compliant risk in sukuk. As a result, these findings suggest rigorous reviews of the existing Shariah non-compliance risk (SNCR) disclosures and risk management techniques by the relevant parties. Research limitations/implications: Sukuk documents used in the study are limited to corporate wakalah sukuk issued in Malaysia. Out of 32 issuances from 2015 to 2021, only 23 documents are available in relevant website. Thus, Shariah non-compliant risk disclosure and its risk management techniques analysed in this study are only limited in those documents. Practical implications: The findings of this study suggest rigorous reviews on the existing Shariah non-compliance disclosures and risk management techniques. Other than these, future research in relation to uncommon risk management clauses, i.e. assurance, Shariah waiver and transfer of risk, are needed. Originality/value: The insights presented in the analysis are of importance to sukuk issuers and the sukuk due diligence working group in enhancing the sukuk Shariah compliance and Shariah non-compliant risks disclosure and towards sukuk investors, in capturing and assessing Shariah non-compliant risks in a sukuk and to assist them to make informed investment decisions. More importantly, this study has found few areas of future study in relation to SNCR disclosures and SNCR risk management techniques. [ABSTRACT FROM AUTHOR]

The European Commission's Directive on Corporate Sustainability Due Diligence, adopted in 2022 and approved in 2024, mandates that companies identify, prevent, and mitigate hostile human rights and environmental impacts across their operations and supply chains, integrating sustainability into corporate governance. This article examines the directive's influence on European entrepreneurial activity, ecosystems, and innovation using a qualitative descriptive literature analysis, comparative frameworks, impact assessments, policy recommendations, and case studies. Findings suggest that while the directive imposes compliance challenges and costs, particularly for startups and small and medium-sized enterprises, it offers significant long-term benefits, such as improved risk management, enhanced reputation, and market differentiation. The directive promotes accountability and ethical practices, harmonizing due diligence across the EU and fostering a culture of sustainability. It concludes that companies addressing these impacts can gain a competitive edge and attract sustainability-focused investors, necessitating support mechanisms for startups and small and medium-sized enterprises to mitigate burdens and encourage compliance. [ABSTRACT FROM AUTHOR]

The sustainability of agriculture has been a topic of public debate over the last twenty years. The cocoa sector has been at the centre of this debate because of the large demand for chocolate in the Global North, which was one of the first sectors to begin to adopt sustainability standards. In this article, we focus on the actions taken by Northern and Southern actors to try to achieve cocoa sustainability over the past five years. Based on interviews and observations in Côte d'Ivoire, Ghana and European countries, complemented by document analysis, we map the controversies in the sector. Three issues emerge from our analysis: fair remuneration for producers, child labour and deforestation. We note differences of views between the actors of the North and the South, especially around the question of the fair remuneration of small producers. Emerging concerns are the single ingredient labels and the European regulations on zero imported deforestation and human rights due diligence. [ABSTRACT FROM AUTHOR]

Progress in the business and human rights space can be quite a fickle thing to assess. Despite intensive norm development, many observers emphasise elements of stagnation within the field. This article argues that much of the frustration is caused by the dominance of a linear understanding of progress which is fixated on the dichotomy between soft and hard forms of regulation. This, in turn, obscures much of the dynamism within the field. To better account for progress within the business and human rights space, the article suggests a shift of framing from a linear conception of regulatory change to one that understands the field as an entangled normative network characterised through the connections between norms. By using the norm of human rights due diligence as an example, the article highlights the nuanced developments and linkages between various instruments, systems, and actors that evidence intense norm-making activity within the business and human rights space. The on-going normative-discursive exchange between stakeholders produces a norm that is constituted through an iterative process of entanglement. [ABSTRACT FROM AUTHOR]

The article discusses the incorporation of sustainability reforms into corporate law in the European Union (EU). Topics discussed include the structure of corporate governance, corporate law reforms in EU which aims to encourage sustainable governance including the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD), and the need for structural changes in corporate governance to reorient it towards sustainability.

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose: The German Supply Chain Due Diligence Act (GSCDDA), as a comprehensive regulation for due diligence in supply chains, will exert profound pressure on companies' sustainable supply chain management (SSCM). This study aims to examine the affected stakeholders' polarizing expectations stemming from the GSCDDA, the resulting impacts on SSCM and how these findings compare with theoretical SSCM developments. Design/methodology/approach: From 5,490 GSCDDA posts on X (formerly "Twitter"), the authors extracted 556 qualitative posts illustrating the GSCDDA discourse and analyzed them from a stakeholder perspective. The posts were classified according to the dimensions of stakeholder groups and expectations (i.e. challenges and opportunities). The authors then synthesized the posts across these dimensions and compared the identified expectations with the SSCM literature. Findings: Seven stakeholder groups were identified, along with nine challenges (e.g. legal flaws) and four opportunities (e.g. increased transparency). The synthesis of both components revealed highly discussed and conflicting expectations. The theoretical SSCM developments partly differ from the discourse, indicating discernible gaps between theory and practice Practical implications: Identifying key stakeholder groups supports building synergies between GSCDDA implementers and stakeholders to tackle their challenges and reinforce opportunities. Originality/value: Due to the growing prevalence of supply chain due diligence regulations, it is essential to consider the legal implications for SSCM. This study explores the link between due diligence concepts and SSCM, and to the best of the authors' knowledge, this is the first study to analyze how legal pressure shapes stakeholders' expectations on companies' SSCM. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

We propose and test a framework of private information acquisition and decision timing for asset allocators hiring outside investment managers. Using unique data on due diligence interactions between an institutional allocator and 860 hedge fund managers, we find that the production of private information complements public information. The allocator strategically chooses how much proprietary information to collect, reducing due diligence time by 18 months and improving outcomes. Funds selected by the manager outperform those not selected by 9 |$\%$| over 20 months. The outperformance relates to the allocator learning about fund return-to-scale constraints and manager skill before other investors. [ABSTRACT FROM AUTHOR]

Copyright of Uzhhorod National University Herald Series Law is the property of Uzhhorod National University, State Higher Educational Establishment and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article aims to explain why national governments choose soft policies in the domestication of international norms even when those norms may explicitly call for harder measures. The article achieves this aim by exploring domestic adoption of National Action Plans (NAPs) for implementing the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs are an international soft law instrument that calls for a mix of voluntary and mandatory policies to promote human rights due diligence, and NAPs are soft domestic policy instruments that lack the bindingness of mandatory due diligence legislation now found in several states. Most governments with NAPs have adopted them specifically as foreign policies, treating them not as regulatory initiatives but as tools for enhancing national reputations. Using a range of primary and secondary sources, the article constructs a case study of Sweden to explain why governments might opt for softer implementation of the UNGPs in the form of NAPs. It draws several conclusions: (1) governments may emulate the approach to domesticating international regulatory norms that is promoted by international organisations; (2) support from domestic actors motivates norm implementation, and the policy style selected is likely to reflect power constellations in the state and, under consensus‐based governance systems, the lowest common denominator of actor preferences; and (3) path dependency following institutional venue selection influences the type of policy developed and adopted. These findings shed new light on the reasons why international policy norms are implemented in 'softer' ways than perhaps intended by their architects. [ABSTRACT FROM AUTHOR]

The directive on “corporate due diligence for sustainability purposes”, approved on 24 May 2024, follows international attempts by some national legal systems to transfer due diligence to the level of hard law. The proposal obliges large companies to structure a risk management system against social and environmental externalities related to their activities along the entire global supply chain, requiring States to adopt monitoring and control mechanisms and a system of sanctions. To safeguard this process, the introduction of an obligation to involve a qualified list of stakeholders, including workers and their representatives, and an unprecedented civil liability of companies and directors are envisaged. Starting from these premises, the paper focuses first of all on the introduction of the civil liability regime for companies linked, among other things, to the failure to prepare such information and participatory protocols. The paper then analyses the critical issues and potential of the directive with particular reference to the prospects of a participatory governance of corporate risk and the role that, in its implementation, workers’ participation and social dialogue can assume. This is also in light of the progressive emergence of new collective rights, including those of self-employed workers and platform workers, provided for by the most recent initiatives of the European Commission.

This article analyses how the United Kingdom’s Due Diligence Regulations on Forest Risk Commodities (UKDR) relate to the bilateral soybean trade between Brazil and the UK. The findings strongly suggest that soybeans from Brazil are one of the main targets of the UK's new legislation. The crossing of literature, NGO reports, trade data, and open governmental and institutional documents showed that the UK highly relies on soybeans from South America to fulfil its internal animal protein food industry, with soybeans from Brazil being the second major case of the UK’s ‘imported deforestation’. Between 2020 and 2022, soybeans were also the second most exported product from Brazil to the UK, after gold, reinstating the Brazilian traditional place as an exporter of raw and essential commodities to developed countries. This article advocates that even though the new UKDR will affect Brazil disproportionally, compared to other agri-exporter countries, the legislation is not designed to challenge the soybeans economic model or deforestation on a broader aspect but to ‘clean’ UK’s agricultural supply chain from illegal tropical forest deforestation. The article's findings show that in the last five years (2017 -2022), the annual percentage of Brazilian soybean exports from states that comprise the Amazon biome, in part or wholly, to the UK was above 70% every year, a trend that does not follow Brazilian general soybean exports, suggesting that the UK may be more exposed to deforestation than other importing countries. The UK food industry could be financing an agricultural production model contributing to Amazon forest deforestation.

In the European Union, the marketing of timber and timber products has long been subject to compliance with the legality requirements set out in EU Timber Regulation 995/2010 (EUTR), which introduces for the first time forest due diligence into EU environmental legislation. The even more innovative EU Regulation 2023/1115 (EU Deforestation Regulation - EUDR), which will enter into force on 30 December 2024, adds to the well-established due diligence procedures, the obligation to geolocate timber harvesting areas and to verify the absence of deforestation and forest degradation. Forest plantations unrelated to these phenomena contributes to alleviating anthropogenic pressure on natural forests, producing quantitatively and qualitatively significant shares of raw material. In the future, given the growing global demand for wood, plantation forestry is set to play an increasingly strategic role, provided it is balanced with other land uses and respects natural ecosystems. Subject to these conditions, the regulatory compliance of plantation timber is easier to prove than that of material from natural forests, which are subject to suitably more limiting utilization restrictions. This implies a de facto simplification of the compulsory due diligence required to minimize the environmental and legality risks considered in the current EU legislation, and this paper aims to demonstrate the reasons why.

Introduction: Intraindividual variability across a battery of neuropsychological tests (IIV-dispersion) can reflect normal variation in scores or arise from cognitive impairment. An alternate interpretation is IIV-dispersion reflects reduced engagement/invalid test data, although extant research addressing this interpretation is significantly limited. Method: We used a sample of 97 older adult (mean age: 69.92), predominantly White (57%) or Black/African American (34%), and predominantly cis-gender male (87%) veterans. Examinees completed a comprehensive neuropsychological battery, including measures of reduced engagement/invalid test data (a symptom validity test [SVT], multiple performance validity tests [PVTs]), as part of a clinical evaluation. IIV-dispersion was indexed using the coefficient of variance (CoV). We tested 1) the relationships of raw scores and "failures" on SVT/PVTs with IIV-dispersion, 2) the relationship between IIV-dispersion and validity/neurocognitive disorder status, and 3) whether IIV-dispersion discriminated the validity/neurocognitive disorder groups using receiver operating characteristic (ROC) curves. Results: IIV-dispersion was significantly and independently associated with a selection of PVTs, with small to very large effect sizes. Participants with invalid profiles and cognitively impaired participants with valid profiles exhibited medium to large (d =.55–1.09) elevations in IIV-dispersion compared to cognitively unimpaired participants with valid profiles. A non-significant but small to medium (d =.35–.60) elevation in IIV-dispersion was observed for participants with invalid profiles compared to those with a neurocognitive disorder. IIV-dispersion was largely accurate at differentiating participants without a neurocognitive disorder from invalid participants and those with a neurocognitive disorder (areas under the Curve [AUCs]=.69–.83), while accuracy was low for differentiating invalid participants from those with a neurocognitive disorder (AUCs=.58–.65). Conclusions: These preliminary data suggest IIV-dispersion may be sensitive to both neurocognitive disorders and compromised engagement. Clinicians and researchers should exercise due diligence and consider test validity (e.g. PVTs, behavioral signs of engagement) as an alternate explanation prior to interpretation of intraindividual variability as an indicator of cognitive impairment. [ABSTRACT FROM AUTHOR]

The author reflects on the judicial virtues exemplified by Chief Judge William H. Pryor Jr., emphasizing virtues such as incorruptibility, courage, and impartiality. These qualities define Judge Pryor's career, from his integrity in combatting corruption to his courage in controversial cases, illustrating a commitment to judicial excellence grounded in ethical principles and rigorous diligence.

Besides state actors, non-state actors and particularly private companies target human rights defenders (HRDs) and violate their rights to intimidate and stop them from challenging their interests. Despite the absence of responsibility of non-state actors in international human rights law, the United Nations Guiding Principles on Business and Human Rights (UNGPs) set out global standards and acknowledge the role of HRDs in the promotion of human rights, urging corporations to work closely with defenders. Considering the effectiveness of the UNGPs, the article explores the potential for protecting HRDs within the framework and concludes that the UNGPs could be utilised to enhance the protection of defenders in relation to business activities. It also suggests that current efforts of implementation would be strengthened by mandatory human rights due diligence laws at the national and regional levels, and emphasises that a clear inclusion of corporate responsibility to respect defenders is required, as it would be beneficial for both sides, defenders and business enterprises. [ABSTRACT FROM AUTHOR]

This study examines factors influencing Ghanaian banks' compliance with anti-money laundering (AML) legislation. Drawing upon institutional, compliance, and dynamic capability theories, the study identifies the interplay of organisational, regulatory, and employee factors influencing compliance outcomes. A mixed methods approach was used to collect data from 23 universal banks, 9 local and 14 foreign, in Ghana, focusing on experienced managers and employees in risk, legal, operations, compliance, and business development departments. The findings show that employee characteristics like due diligence and moral involvement have a positive relationship with compliance with AML regulations; however, contrary to expectations, effective AML/CFT programs did not significantly impact banks' adherence to these regulations. The association between moral engagement, an innovative culture, and AML compliance is weakened by normative power and an innovative culture acting as negative moderators. This study contributes empirical evidence to the literature on AML compliance in emerging markets and offers practical implications for policymakers, regulators, and banking professionals seeking to boost regulatory effectiveness and mitigate financial crime risks. This study provides a foundation for targeted interventions and strategic initiatives aimed at strengthening the AML regulatory landscape in Ghana and other countries. [ABSTRACT FROM AUTHOR]

Environmental protection in times of armed conflict has raised serious concerns to the global community due to its devastating impact; therefore, the need to protect the environment cannot be over-emphasized. The environment has remained the silent victim of armed conflict and damages caused to it either as a victim as seen in Israel Hamas crises or as a weapon as seen in Vietnam is tremendous. It is in view of this that this paper examines the protection of the environment under International Humanitarian Law (IHL) regime. The paper adopts the doctrinal approach and examines the existing relevant provisions of the laws, rules, guidelines and policies on armed conflict protecting the environment. The paper finds that there are rules protecting the environment directly in times of armed conflict but the challenge is that these rules have imprecise provisions in addition to having very high threshold of applicability. Due to these, they have never been successfully applied in protecting the environment against real war time environmental damages. Some other existing rules protect the environment indirectly. The ICRC Updated Guidelines of 2020 on environmental protection in times of armed conflict offers valuable interpretative resource to the existing grey areas of the law. It also sheds light on the contributions and impacts of weapons and armed conflict to climate change. The paper recommends the adoption and implementation of the 2020 Guidelines by all States Parties to the Geneva Conventions and their Additional Protocols. It further recommends that States should endeavour to respect and ensure respect of rules on environmental protection in armed conflict situations. This is a due diligence requirement on all parties. The paper concludes that the duty to protect the environment is a responsibility on all. [ABSTRACT FROM AUTHOR]

Increasing urbanization is driving rapid growth in residential multi-owned properties (RMOPs) worldwide. Concerns about the quality of these buildings are also growing in many countries. Yet research into the quality of RMOPs (particularly apartments) remains scant and under-theorized. Addressing this knowledge gap, this paper reports the results of research which employed information asymmetry theory to provide new insights into the prevalence and risks of building defects in the Australian RMOP construction market. Using data about defects in 635 RMOPs built in Sydney between 2008 and 2017 and semi-structured interviews with sixty-six experienced practitioners, the results highlight the severity of the defects crisis. The research identified two types of information asymmetries which exacerbate the risk of buying into a defective building for RMOP customers: data fragmentation and data robustness. From a policy and practical perspective, this highlights the challenges faced by consumers in undertaking 'due diligence' and the need for reforms that address these information asymmetries. [ABSTRACT FROM AUTHOR]

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This paper gives an overview of the new European Union's Corporate Sustainability Due Diligence Directive (CSDDD), its relation to the German Supply Chain Due Diligence Act (LkSG) from 2021, and the systematic background of both acts. The article contradicts criticism of the extraterritorial effects of the acts, underlining a legislative purpose as part of the national business law regarding fair competition and consumer protection besides the purpose of improving life conditions. The acts are part of an international socially responsible business law. The CSDDD is introducing a new specific civil liability provision. It also brings significant advancements in conflict-of-law principles by introducing mandatory liability norms that apply regardless of jurisdiction. Implementing due diligence obligations in complex international supply chains poses challenges for companies, requiring robust risk management systems and ongoing adjustments. This strict regulation must be balanced with the practical feasibility of Corporate Social Responsibility duties, and a reasonable allocation of responsibilities must take place without risking that the effect of the legislation will stay behind formalistic compliance requirements. The concept of organizational responsibility plays a core role in this balancing process. [ABSTRACT FROM AUTHOR]

Copyright of Maandblad voor Ondernemingsrecht is the property of Boom uitgevers Den Haag and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Narratives about women and girls are often used to illustrate abuses in global trade. The article begins by amending the Narrative Policy Framework (NPF) to include the agency of (women) characters and to take into account North–South asymmetries. The framework then serves to study NGO gender narratives in ethical trade campaigns, based on advocacy documents and semi-structured interviews on the recent campaigns for the European Union's new Corporate Sustainability Due Diligence Directive (CSDDD). The results show that the successful campaigns have focused one-sidedly on women workers in the global South, portraying them as mere victims of corporate greed. NGOs diverted attention away from women’s responsibility as consumers and citizens for grievances in transnational supply chains. The solution presented by activists was consequently to demand gender-sensitive policy interventions from outside. Campaigns missed opportunities for narratives of women as agents of change and potential for mutual solidarity. [ABSTRACT FROM AUTHOR]

Recently, the use of polygenic risk scores in embryo screening (PGT-P) has been introduced on the premise of reducing polygenic disease risk through embryo selection. However, it has been met with extensive critique: considered "technology-driven" rather than "evidence-based", concerns exist about its validity, utility, ethics, and societal effects. Its scientific foundations and criticisms thus need to be carefully considered. However, seeing as PGT-P is already offered in some settings, further questions need to be addressed, in order to give due diligence to various aspects of PGT-P. By examining the complexities of clinical introduction of PGT-P, we discuss whether PGT-P could be responsibly implemented in the first place, what elements need to be addressed if PGT-P is clinically implemented, and subsequently how counselling and decision-making of its users could be envisaged. By dissecting these elements, we provide an overview of important practical questions of PGT-P and emphasize elements of PGT-P that we think have yet to be given sufficient attention. These questions and elements are for example related to the potential target group, scope, and decision-making possibilities of PGT-P. The aspects we raise are crucial to consider by the scientific community and policy makers for the development of guidelines and/or an ethical framework for PGT-P. [ABSTRACT FROM AUTHOR]

Purpose: Women’s increasing interest in eSports is an emblematic phenomenon. However, they have been facing discriminatory sexist practices based on a discourse focused on establishing gender inferiority. Thus, the present research aims to investigate how gender performativities are produced in eSports consumption by women gamers. Originality/value: Due to a lack of discussions about female eSports consumption, the current study explores gaps in consumer culture research literature based on theoretical and epistemological concerns. Butlerian concepts of performativity are used to help better understand the conduct produced in discussions about female eSports consumption. Design/methodology/approach: An interpretive content analysis (ICA) of 44 interviews was carried out to help better understand women gamers’ perception of their experience in games, and in the cultural scenario itself, the eSports consumers’ social network is formed by both practitioners and game enthusiasts. Findings: The current analytical effort identified two dimensions: “Fight like a girl!” and “Girls just want to have fun!”. It was possible to perceive that even gender performativities with different interests work as gender discourse reproducers and spreaders in both dimensions when they take place without due diligence. Ultimately, this is a complex market dispositif capable of leading the eSports scenario to a patriarchal system among its consumers. [ABSTRACT FROM AUTHOR]

To access to the especially strong protection offered by the right to inform guaranteed in article 20 letter d) of the Spanish Constitution (CE), two requirements must be met: a public interest in what is communicated and that it is truthful (veraz). The latter has been interpreted as a certain degree of diligence in verifying the facts, but not to the absurd extent of demanding scientific certainties. Given the foregoing, the constitutional protection, and to a large degree, the exercise of journalism, depend on what interpreters understand by "due diligence", which in turn will depend on the circumstances and context of each case. An exhaustive review of the case-law from the Spanish Constitutional Court (TCE) will allow us to systematize the main criteria used so far, as well as its evolution and development over time, enabling us to offer a practical guide to access the protection offered by this right, where Spain has been a pioneer worldwide. [ABSTRACT FROM AUTHOR]

Adequate administration of Human Rights (HR) in business presents difficulties. The Guiding Principles on Business and Human Rights (UNGPs) constitute the key tool for good governance. Their approval in 2011 by the United Nations was a historic milestone. The core of the company's performance regarding the UNGPs is the Due Diligencess is critical for its implementation. As of 2020, the European Union (EU) initiated work on a Directive that will make Do Diligence mandatory. This article investigates, through in-depth interviews with company presidents and directors, the degree of preparation of BoDs for the new regulatory scenario in Spain, Portugal, France and Malta. [ABSTRACT FROM AUTHOR]

Recently, we are witnessing the rapid proliferation of cyber-surveillance technologies. Their misuse poses a threat to international security, as well as the protection of human rights and freedoms. Considerations given to the introduction of their effective protection on the one hand and legitimate cross-border commercial and technological export-based collaboration on the other hand lead to the complex triangular relationship. In order to provide effective and systematic export controls over sensitive emerging technologies to authoritarian states, it is necessary to set a rulebook, which goes beyond heavy-handed regulation conducted by the government. The private sector should espouse selfregulation based on due diligence principles and in compliance with the OECD Guidelines on Multinational Enterprises and the UN Guiding Principles on Business and Human Rights. [ABSTRACT FROM AUTHOR]

In this paper, we contribute to the topic of the non-performing loans (NPLs) business profitability on the secondary market by developing machine learning-based due diligence. In particular, a loan became non-performing when the borrower is unlikely to pay, and we use the ability of the ML algorithms to model complex relationships between predictors and outcome variables, we set up an ad hoc dependent random forest regressor algorithm for projecting the recovery rate of a portfolio of the secured NPLs. Indeed the profitability of the transactions under consideration depends on forecast models of the amount of net repayments expected from receivables and related collection times. Finally, the evaluation approach we provide helps to reduce the "lemon discount" by pricing the risky component of informational asymmetry between better-informed banks and potential investors in particular for higher quality, collateralised NPLs. [ABSTRACT FROM AUTHOR]

Copyright of Andares: Revista de Derechos Humanos y de la Naturaleza is the property of Quito Universidad Andina Simon Bolivar, Sede Ecuador and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study explores the diverse array of risks inherent in building renovation investments and proposes effective strategies for risk mitigation tailored to investors. Through a combination of qualitative analysis, expert interviews, and quantitative risk quantification techniques, the research identifies and evaluates key risk factors across regulatory, financial, technical, market, and other domains. Thorough due diligence, proactive stakeholder engagement, and contingency planning emerge as critical components of effective risk management in renovation projects. The study underscores the importance of proactive risk mitigation in enhancing project success and investor returns. By providing investors with a comprehensive understanding of the challenges they may face and practical strategies for addressing them, this research aims to empower stakeholders to make informed decisions and achieve positive outcomes in building renovation investments, ultimately contributing to a more resilient and sustainably built environment. [ABSTRACT FROM AUTHOR]

ISIS, as an insurgent movement, announced its presence in Iraq in 2013, and, after extensive military and non-military activities in the country, its suppression was officially declared by the Prime Minister in 2017. The main question is whether the actions of this failed insurgent movement can be attributed to Iraq under international law of responsibility? This study shows that, since the Iraqi Government has taken due diligence to suppress the movement and prosecute its members, and has not granted amnesty, acts of ISIS are not attributed to it. But governmental acts of ISIS including legislative, executive and judicial ones can be attributed to state if they has taken in absence or default of government officials and in response to a request for such acts. Some of ISIS's acts in Iraq especially in Mosul have these characteristics and are accordingly attributed to Iraq. [ABSTRACT FROM AUTHOR]