Capitalism, the sustainability crisis, and the limitations of current business governance

This book investigates the limitations of corporate governance and somerelated business laws, and their potential reform in furthering environmentallysustainable development, or ‘sustainability’, as this term is moreconveniently known. The central idea is that promoting sustainabilitycannot be left solely to corporate volunteerism, but also requires enablinglegal frameworks that go beyond conventional environmental regulationto ensconce within company law the necessary standards and procedures.While the book is strongly motivated by the threat of global climatechange, which challenges the traditional assumptions and purpose ofbusiness enterprise over the long term, along withmany other domains ofhuman endeavour, a range of other environmental problems such as theloss of biodiversity also suggests that a different approach to businessactivity is needed. Arising from the work of the Sustainable CompaniesProject, led by Professor Beate Sj°afjell at the University of Oslo,1 this volumeoffersmulti-jurisdictional perspectives fromscholars of business andenvironmental law. Over eight chapters, a mosaic of analyses, spanningcompany law, accounting standards, and financial markets regulation,identify both the barriers to and the opportunities to promote sustainabilityin the context of corporations and their financial investors. Thebook concludes with some ideas to further ‘sustainable companies’, aphrase intended to capture the ideal of corporations and other businessentities acting within environmentally sustainable parameters. The focusof the book is to deepen our understanding of the barriers to creatingsustainable companies, rather than outlining a blueprint for reform.

Background and Purpose: The Ghana Health Service (GHS) in 2012 embarked on an ambitious programme to improve its health information system (HIS) in order to improve upon healthcare delivery and also to meet the health related millennium development goals (MDGs). This resulted in nation-wide implementation of the District Health Information Management System (DHIMS2), software based on the District Health Information Software (DHIS2), in all its facilities and some private and quasi government health facilities. The DHIMS2 is the Ghanaian version of the global DHIS2 software developed by the University of Oslo. Methods: As part of its mandate the GHS holds periodic peer reviews meetings at different levels of its structure as a mechanism for measuring service performance in order to identify service gaps that will lead to interventions to improving the coverage and quality of service to its client. This paper is a qualitative assessment of the DHIS2 software based on specified criteria from some of these review meetings in selected regions towards achieving the set goals. The paper will look at the status quo with respect to infrastructure, resources in general, human resource, stakeholder involvement, data quality and data use since the implementation of the DHIS2 project in Ghana. Data collection and analysis was qualitative using participant observation, focused group discussions, semi-structured interviews and document analysis. Results: Our research has shown that the GHS has successfully implemented an integrated and sustainable web-based HIS. Data quality in all aspects has been improved through institutional arrangements such as peer-performance reviews using DHIS2 data and establishment of data quality assurance teams at all levels. This implicitly has promoted data use for decision making. The online system has also ensured data transparency and accessibility. ‘Break-downs’ in the system such as lack of funds, faulty equipment, lack of adequate and skilled human resource for data management is seen as some major challenges to data quality. Such ‘break-downs’ may also be seen as opportunity for system strengthening and sustainability as end-users are compelled to use personal resources for managing data. Through institutionalized peer-performance review processes using data from the DHIS2 is improving the quality of health service data for planning and decision making. Conclusions: This research has demonstrated that with the right technology, policy and collaboration from interested stakeholders it is possible to implement a sustainable HIS in developing countries such as Ghana. We have also shown that institutionalized arrangements for data use has significantly improved the quality of service data generated which will aid planning and decision-making

Whereas many of the articles in this volume test the Transboundary Governance Capacity (TGC) framework in the context of the Laurentian Great Lakes, this article applies this framework to the Arctic. By doing so, it fills in gaps of prior scholarship on Arctic governance while also developing some of the core insights of VanNijnatten et al. After providing background on the Arctic and discussing some of the most significant transboundary institutions in the region, this article evaluates these institutions using the indicators of compliance, functional intensity, stability and resilience, and legitimacy. It concludes that the TGC framework provides keen insights into the broad mosaic that constitutes the Arctic transboundary governance system. Importantly, and perhaps paradoxically, it also suggests that an institutional framework like the TGC highlights the importance of process to complex transboundary system governance systems. That is, in transboundary regimes such as the Arctic, which have legitimacy, stability, and resiliency, yet lack hard law and strong functional intensity mechanisms, a way to strengthen governance is through a process that brings these institutions to the table in a strategic manner.

During more than three decades, corporate non-financial and sustainability reporting has been widely conceived as a voluntary practice, a matter of going beyond the requirements of the law. Therefore, it has been traditionally overlooked by legal and socio-legal scholars. However, during the last decade things have rapidly changed. We are currently witnessing the emergence of a mix of mandatory and voluntary regulatory approaches to Corporate Sustainability Accounting (CSA) and the integration of some elements of non-financial reporting into accounting standards. What explains these changes in CSA regulation within the EU arena, at different levels of regulation and through varying modes of governance? More specifically, which political and socioeconomic actors are driving the current emergence of CSA regulation? What are their interests? How are these different actors organizing and mobilizing themselves? How and why do they succeed in creating regulatory changes? This research has been based on three main sources of data: documents analysis; literature review; in-depth elite interviews (26). It has also been strengthened by a participant observation of five months at the EU Commission, collaborating to the legal drafting and Impact Assessment of the new EU directive on non-financial reporting. The criteria for designing the fieldwork have been based on the idea of mapping the position of six groups of actors interested in shaping the emergence of CSA regulation. The groups of actors considered are: managers of large corporations; organized labour; civil society and NGOs; institutional investors; public authorities; and professional experts (accountants; financial analysts; lawyers). The analytical framework deployed by this study is a Bourdieusian reflexive socio-legal approach (see Madsen and Dezalay 2002; Madsen 2011), used as an over-arching research strategy in conjunction with the existing literature (see Gourevitch and Shinn 2005; Graz 2006; Crouch 2011; Streeck 2011). The study claims that the struggles for regulating CSA should be seen as a lens for analyzing broader changes in the field of European corporate governance regulation and in the relation between business and society. A main finding of the Doctoral Thesis, something that has been argued for throughout the study, is that the accounting field has developed a historically specific relation of structural homology with the economic field. Therefore, Chapter 3 argues that the emergence of ‘social accounting’ regulation, in the 1970s, mirrored contemporaneous debates about ‘industrial democracy’. Similarly, the ‘financialisation’ of the 1990s and 2000s has mirrored the structuration of accounting standards narrowly focused only on financial information. Today, the emergence of ‘sustainability accounting’ regulation in Europe reflects and constructs the political attempt to build a regime of capital accumulation aimed at creating longer-term and ‘sustainable’ growth. More specifically, drawing on interviews with key informants and documents analysis, the study argues that financial turbulences and corporate scandals at the beginning of the 2000s fostered the inception of a European ‘transparency coalition’ (see Gourevitch and Shinn 2005) led b y investors and including NGOs and part of the trade unions, which drove a series of reforms in the areas of corporate governance and corporate responsibility. The 2008 financial crisis worked as a catalyst for strengthening this regulatory trend and for fostering a stronger role of the state in its regulatory role. Therefore, we are also witnessing the integration of corporate sustainability in company law and corporate governance regulation and the convergence of financial and non financial aspects in the regulation of corporate reporting. However, it is too early to say whether this coalition will overcome the opposition of managers, who favour a voluntary approach and are lobbying against mandatory non-financial reporting. The study also questions the potential of the ‘transparency coalition’ to build a new regime of governance of the economy, not just corporate governance. The dissertation consists of six chapters. Chapter 1 introduces objectives, questions and key concepts. It contains a preliminary conceptualization of the field of research and the research questions. Chapter 2 has been focused on the critical review of the literature and of existing explanations of the emergence of CSA regulation. Furthermore, it presents the socio-legal reflexive methodological and epistemological approach that has been adopted to explain the emergence of this new multi-level regulatory framework. In Chapter 3, the reader can find a summary of the long term development of non-financial reporting during over four decades, starting from the 1970s’ (see also Annex I). Chapters 4 and 5 narrow down the empirical research, focusing on a more limited periodisation (mid-1990s to 2011) and on the case study of the struggles for shaping an EU-level regulatory framework for non-financial reporting. The aim of Chapter 4 and 5 has been to empirically strengthen the broader analysis outlined in Chapter 3, on the basis of the data collected during the fieldwork. Chapter 6 concludes summarising the key arguments and offering some reflections on future researches. (Less)

A timelapse film of the excavation in 2016 at Aldborough Roman Town. The trench was located just north of the Lion mosaic, in order to re-investigate Victorian excavations of a Roman domestic bath suite in the north-west part of Building 4.8. These excavations are listed as G104 in the Gazetteer. The gazetteer and maps can be found at www.repository.cam.ac.uk/handle/1810/294062. Photographs were taken on a GoPro once a minute over each day of the excavation, and made into a film showing progress from beginning to end. It includes the excavation team, local visitors and volunteers.

Sustainable risk management (SRM) has become the most important managerial trend for business sustainability. Companies have started paying greater attention to adopt SRM towards achieving responsible patterns of consumption and production. Yet little is known about the drivers and barriers to SRM practices. This study aimed to fill this gap by identifying the drivers and barriers to SRM practices among environment sensitive listed companies in Malaysia. Data was collected through a questionnaire survey with 53 respondents and interviews with 3 persons-in-charge of the risk management department from the environment sensitive listed companies in Malaysia. The study revealed that internal factors such as stakeholder pressure and long-term shareholder value motivated the companies to adopt SRM practices. Also, the study found external factors such as corporate governance compliance and regulatory compliance as among the drivers that encourage companies to implement SRM. Nevertheless, the factors which were not perceived as a priority by the board of directors include organisational culture and lack of tools and data that constitute internal barriers to effective implementation of the SRM. The results of this study offer valuable insights to environment-sensitive companies to further understand the drivers and barriers of SRM practices which are essential to becoming sustainable companies.

This paper discusses Dharma Master Cheng Yen's religious teachings of purification and benefiting others through Tzu Chi volunteers' living practices of waste recycling and production, international humanitarian relief, as well as vegetarianism and fasting, in the globalization context of environmental ethics and sustainable development. The paper concludes three themes. Firstly, the peaceful example of ethical sustainability across ethnicities, nationalities, and religions is undertaken through the efficient actions of Tzu Chi international humanitarian relief to sustain the ethics of common good of humankind. Secondly, the caring example of moral sustainability is presented through the hard work of the Tzu Chi volunteers at the recycling stations island-wide, and brought alive through the mass media communication system to sustain environmental awareness. Thirdly, the loving example of spiritual sustainability is supported through the dietary improvements of vegetarianism and fasting as a way of curbing desires in order to sustain humanistic spirituality. Tzu Chi's Environmental Humanities has evolved into ethical, moral, and spiritual sustainability as a means to serve as a reference for the discussion of environmental ethics and sustainable development.

Food security for growing population and achieving the zero hunger target by 2050 is a major challenge for mankind. Sustainable intensification of agriculture, i.e. increased food production without causing environmental damage has been foreseen as the way forward to address this challenge. In this study we tested a sustainable legume – millet intercropping model based on “bioirrigation” and biofertilization to mitigate drought induced yield loss in rainfed areas of arid and semiarid tropics. “Bioirrigation” is based on the principle of hydraulic lift (HL) where transfer of water occurs through roots from wet deep soil layers to dry top soil layers as a consequence of a soil water potential gradient. Specifically, the process of bioirrigation describes the transfer of hydraulically lifted water from a deeprooted plant to a neighbouring shallow-rooted plant. The main challenge for bioirrigation derives from distance between rhizospheres of the two plants, water released into the rhizosphere of bioirrigator is not available to neighbouring plant since it is tightly held up in to the rhizosphere. In this study, we tested a potential solution to facilitate bioirrigation between rhizosphere of deep-rooted pigeon pea and shallow-rooted finger millet by connecting the rhizosphere through a common mycorrhizal network (CMN) using arbuscular mycorrhizal fungi (AMF). In this study, we conducted several pot experiments under controlled conditions inside the greenhouse at University of Basel to test the hypothesis of CMN mediated bioirrigation between pigeon pea and finger millet. The results of pot experiments clearly showed that pigeon pea does perform HL, and when roots of pigeon pea and finger millet are connected through AMF network water relations of finger millet are supported by pigeon pea through bioirrigation. In our experimental set up, after testing the role of CMN in pot experiments, we scaled up (approx. 3 times) the pot size to mimic the field like conditions and test if bioirrigation facilitated through CMN can help shallow-rooted to survive a long drought period of 10 to 11 weeks. The results from scaled up pot experiment did not show significant effect of CMN on water-relations (stomatal conductance) of finger millet in intercropping treatments, but finger millet in treatments with CMN had significantly lower foliar damage percentage and mortality than treatments without CMN. The results from pot experiments show the importance of bioirrigation for rainfed agriculture i.e. if bioirrigation based intercropping is practiced, shallow-rooted plants would be able to tolerate the drought period. To test the efficacy of bioirrigation driven intercropping system, we conducted field trials at two experimental sites (GKVK, Bengaluru and Kolli Hills, Tamil Nadu) in southern India to optimize the spatial arrangement of pigeon pea and finger millet and test its effect on yield and water-relations of finger millet. The field trial results demonstrated that, planting two rows of pigeon pea and flanking eight rows of finger millet showed improved yield of finger millet compared to pigeon pea plants planted in between eight rows of finger millet plants in a mosaic fashion. However, the effect of spatial arrangement varied with change in experimental site. At Kolli Hills site, within row plantation of pigeon pea and finger millet performed similarly to row wise (2 pigeon pea : 8 finger millet). However, the intercropping effect was not driven by the CMN facilitated bioirrigation because finger millet in intercropping treatments had lower leaf water potential than monoculture treatments due to interspecific competition between pigeon pea and finger millet. We envision that sustainable intercropping on the basis of our bioirrigation and biofertilization model will help to design appropriate intercropping system especially in rain-fed areas that could provide sustainable food security, particularly for the marginal farmers in arid and semi-arid tropics.

Sealy wrote in 1984 of 'a widespread concern among law teachers that company law has become unteachable'.' If that concern is justified, it may follow that it has become impossible to write a satisfactory company law textbook, and that it would therefore be unreasonable to criticise Farrar and his colleagues for not achieving the impossible. They have produced a book which the majority of students declare to be readable2 and which seems to fill the gap created in the market for degree course level company law text books by the decision to update Gower's classic text through supplements rather than a new edition.3 It is not, however, unreasonable to question whether Farrar has made a contribution beyond filling a gap in the student market on a temporary basis. When the long awaited new edition of Gower is published, will it resume its pre-eminent position, or will it have been replaced? Arguably, the authors of Farrar set themselves the wrong task. The constant developments in the law which affects companies and the consequent rumblings of change in company law teaching mean that what was needed was a completely fresh approach to the study of the law governing business entities rather than another traditional company law text book. What we have is a traditional textbook with some contextual material, at the expense, in places, of thorough case analysis. Farrar's Company law is not (and does not claim to be) a blueprint for curriculum reform in the way that Gower's Principles of Modem Company Law was when first published in 1954. However, the authors' stated objectives are not unambitious; the back cover of the book claims that 'Its character is unique, combining as it does some elements of a traditional approach with a clear theoretical structure, contextual treatment and practical new perspectives.' This is a good example of the type of work which legal publishers now appear to be encouraging, especially in fields where they feel there 'should' be a wide (and profitable) market; a kind of 'pick and mix' approach to legal writing, offering a wide menu from which the reader can make a personal selection. Yet ultimately, in its attempt to please all, this book fails to take a new direction and present a thesis of its own about its subject. It is essentially derivative and, like all works which aim to please everyone, risks satisfying

Background and Purpose : South Africa, with support from the University of Oslo, developed the District Health Information Software, version 1.3 between 1996 and 2006, and together with support from the National Department of Health, rolled the system out across the whole country. Between 2006 and 2010, DHISv14 was implemented in the country, and a significant number of data sets were developed to support the national health information system (HIS). South Africa is now preparing for the transition to DHIS2, which is seen as a key component of the information systems that will be required to support the development of the national health insurance system in South Africa. The transition to DHIS2 is different in South Africa because of the long-standing investment in the DHIS14 system, and the multitude of different data sets that have developed to support the National HIS. This paper describes the preparations that are taking place, at organisational level (both within the public sector at national, provincial, district and sub-district levels, as well as amongst NGOs) to develop capacity to support the use of the DHIS2, as well as technical level to ensure an appropriate transition. Methods : The research is set within the multi-country HISP-network action research project. The authors have been involved in the development of the national health information system since 1992, both as public sector employees and as employees to HISP South Africa. The paper draws on the interpretive research tradition for the data analysis, and reflects on processes that have unfolded in the last two years, as part of a larger action research project in which HISP is engaged. Data sources are personal diaries, meeting notes, official documentation and workshop reports. Additional sources of information included in-depth interviews with key informants, informal discussions, as well as field visits and observations. Direct observation of staff at work was a major source of information as authors worked with the country team. Results : The authors use the HMN framework for HIS strengthening to analyse the HIS developments over a 20 year period, and use this to reflect on how the approach that is being adopted to introduce DHIS2 in South Africa will influence previous approaches. The presentation highlights the strategies that are used to overcome technical, organisational and behavioural barriers, and how these relate to the current policy environment in SA. In particular, we reflect on the skills sets that are needed to support DHIS2, and efforts to ensure that these skills are available in a sustainable manner. In response to the technical requirements of the DHIS2, organisational capacity needs to be adjusted, within the public sector as well as within NGOs that support the NDoH. The anticipated improvements to the national health information system are discussed, and the implications of the experiences are highlighted for other countries. Conclusions : Over 20 countries in Sub-Saharan Africa are using the DHIS. In many of these countries, the information systems are still fairly simple, or in the process of being established. In comparison, South Africa has a fairly advanced National HIS, with many facets that can now be managed in a more integrated manner. This paper describes the processes that are being planned to ensure a smooth transition from the distributed access databases used in DHISv14 to the centralised and integrated system represented in DHIS2. Keywords : Information Systems Development, Skills sets for information systems support, Data warehousing, Business intelligence

This article deals with the special development of the company (or rather corporate) law in Ukrainian legal system. The current legislation does not set the concept of corporation. As a result, the consept «corporation» is the center of the scientific discussions. Judicial practice forms different conceptions of the concept «corporation» also. At the same time, the concept «corporation» is the general element of the company law development in the future. The legal concept of the corporate relationships forms one their general sign only. The object of these relationships is the corporate rights. The form of the legal entity predetermines the maintenance of the corporate rights. Thus, the list of subjects is the criterion for the corporate nature of the relationships. The maintenance of the concept «corporation» is different in the world legal systems. Thus, the implementation of this concept into our legal system is the difficult process. Being in past the post social state, Ukraine did not have the company (or corporate) law. The modern Ukrainian legislation has a high level of dynamics. It adapts to the necessities of modern society. All mentioned above circumstances need special criteria. Such criteria should form the maintenance of the concept «corporation». They are the most difficult problem. The main reasons of this situation are: the existence of two codes – Civil Code and Commercial Code; the existence of a lot of special legal acts. As a result, there are a lot of ways for understanding of the concept «corporation» in Ukrainian science: from some forms of the companies to all legal entities. The corporate relationships have got one general sign – the special legal connection between legal entity and it’s membership. Such connection is the nature of the corporation. The scientists formed a lot of signs of the corporation. For example, general social aim, association of persons and capitals, existence of property and non property rights for participants. The most of these signs are in all legal entities. At the same time, mentioned above list includes one special sign — the existence not only non property rights, but property rights too. The participants of the non-entrepreneurial legal entities have not property rights. It is not exists the property connection between the non-entrepreneurial legal entity and participants. What does the nature of the entrepreneurial legal entity? The aim to get the income it is not sufficient sign for entrepreneurial legal entity. According to provisions of the Civil Code, non-entrepreneurial legal entity may also to get income. All legal entities may get some income from activity in modern economic relationships. The nature of the entrepreneurial legal entities — distribution of income between the participants. As a result, participants of such legal entities have got full list of the corporate rights (including property and non-property rights). Thus, the corporate legal nature is the main feature for the entrepreneurial legal entity. Key words: corporation, legal entity, incom, corporate rights, entrepreneurial legal entity.

While many business leaders speak of the economic case for environmental and social responsibility, and has gained broad acceptance as a crucial goal for any civilised society, many business managers and corporate regulators continue to believe that dealing with climate change and other pressing ecological problems should be left to environmental law. Company law, on the other hand, they believe should be reserved for furthering business activity and economic prosperity. It is a curious division of labour that is not justified. If sustainability is to become a meaningful normative framework for enlightened corporate behaviour, it must be incorporated into company law itself. The author is a member of the project team of the Sustainable Companies project at the Faculty of Law, University of Oslo.

Golledge, Reginald G. and Stimson, Robert J., Spatial Behavior: A Geographic Perspective Gradus, Yehuda and Lipshitz, Gabriel, The Mosaic of Israeli Geography Hardwick, Susan Wiley and Holtgrieve, Donald G., Geography for Educators: Standards, Themes, and Concepts Imrie, Rob, Disability and the City: International Perspectives Howe, Jim; McMahon, Ed and Propst, Luther, Balancing Nature and Commerce in Gateway Communities Johnson, Troy R., The Occupation of Alcatraz Island: Indian Self-Determination and the Rise of Indian Activism Gordon, Terry G.; Kilpenen, Jon T. and Gritzner, Charles F., The Mountain West: Interpreting the Folk Landscape Keeling, David J., Contemporary Argentina: A Geographical Perspective Lamb, H. H., Climate, History and the Modern World Merriam-Webster's Geographical Dictionary Papadopoulos, Alex G., Urban Regimes and Strategies: Building Europe's Central Executive District in Brussels Parnwell, Michael J. G. and Bryant, Raymond L., Environmental Change in South-East Asia: People, Politics and Sustainable Development Peet, Richard and Watts, Michael, Liberation Ecologies: Environment, Development, Social Movements Raberg, Per, The Life Region: The Social and Cultural Ecology of Sustainable Development Simon, David, Transport and Development in the Third World Rees, Philip; Stillwell, John; Convey, Andrew and Kupiszewski, Marek (eds), Population Migration in the European Union Sousan, John; Shrestha, Bharat K. and Uprety, Laya P., The Social Dynamics of Deforestation: A Case Study from Nepal Smith, David A., Third World Cities in Global Perspective: The Political Economy of Uneven Urbanization

In spite of apparently earnest reform efforts on many levels and in manyjurisdictions, including, for example, the adoption in April 2014 of newnon-financial reporting requirements for the largest companies in theEU,1 there are few signs that current governance regimes are or will becapable of producing more than just incremental improvements. Incrementalismis not even close to the fundamental shift we need to changefrom ‘business as usual’ to an environmentally sustainable path.

Sustainable Companies: Possibilities and Barriers in Norwegian Company Law