Stakeholder (law) - Factbites

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Topic: Stakeholder (law)

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In the News (Fri 1 Jan 10)

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	Queensland Environmental Law Association inc.
		QELA educates its members about the changes to planning and environmental law - we provide forums for debating the law, and our representatives serve on many stakeholder committees with the government to review and write new legislation and policy.
		The Queensland Environmental Law Association Inc. is proud to announce the 2006 Annual Conference theme...
		QELA hosts regular seminars presented by planning and environmental law experts, holds an annual conference, and produces a quarterly newsletter which includes industry information and professional commentary, and publishes the Queensland Environmental Practice Reporter, to which you can subscribe.
	www.qela.com.au (248 words)

	CIPO - New Patent Law Treaty
		By signing the Treaty, Canada is agreeing in principle with the Treaty and its rules, committing to launch the ratification process and to subsequently amend its national patent law so that Canada's patent administrative formalities conform with the Treaty.
		The Patent Law Treaty is a World Intellectual Property Organization (WIPO) accord designed to simplify and harmonize administrative practices among national and regional intellectual property offices (IPOs).
		Representatives from the patent agent community, the major private sector stakeholder, have expressed satisfaction with the content of the Treaty and with Canada's signature.
	strategis.ic.gc.ca /sc_mrksv/cipo/new/newpatentlaw-e.html (248 words)

	Emond Montgomery Publications: Catalogue
		Attention is also paid to recent developments concerning such matters as proxy regulation, the mandatory/enabling debate in corporate law, the corporate chartering competition debate, the role of institutional investors as monitors of corporate management and the stakeholder debate.
		Although these developments inevitably mean that it is frequently difficult to provide a crisp snapshot of the principles and policies that underlie particular aspects of Canadian business law, we have nonetheless endeavoured to provide an accurate picture of the law and to combine this with an analysis of underlying tensions.
		Corporate and securities law do not always come at a given problem in the same way and each body of law embodies distinct objectives and priorities.
	www.emp.on.ca /books/73-3.html (743 words)

	News - Combating Illegal Logging in Africa
		Building on the commitment expressed by government representatives at the Brazzaville meeting, the AFLEG Ministerial Conference in Yaoundé aims to galvanize international and multi-stakeholder commitment at the highest political levels to strengthen capacity for forest law enforcement in Africa
		Recently, 39 countries committed to a Ministerial Declaration and Actions targeted at combating illegal logging, associated illegal trade, and corruption in the forest sector at the Africa Forest Law Enforcement and Governance (AFLEG) conference held in Yaoundé, Cameroon. This declaration builds upon an agreement on the same issues reached in East Asia in 2001.
		Ways to facilitate the mobilization and the provision of financial resources for and related to forest law enforcement and governance, such as a commitment from the Finance Ministries that a proportion of the gains from improved forest law enforcement and governance are reinvested in the sector, including through national forest funds;
	web.worldbank.org /WBSITE/EXTERNAL/NEWS/0,,contentMDK:20138130~menuPK:34457~pagePK:64003015~piPK:64003012~theSitePK:4607,00.html (743 words)

	AAR: Publication: GST and sales of commercial real estate
		No GST is payable by a vendor and no input tax credit is available to a purchaser while a deposit is retained by the vendor's agent or lawyer as stakeholder.
		No GST will be payable in respect of a GST-free supply, but both parties will have the right to claim input tax credits (for example for lawyers' and agents' fees).
		The GST Law gives vendors the option to pay GST under the margin scheme rather than under the normal rules requiring 1/11th of the total consideration for the sale to be paid as GST.
	www.aar.com.au /pubs/tax/taxjun00.htm (2217 words)

	The Maine Shore and the Army Corps: A Tale of Two Harbors, Wells and Saco, Maine - Maine Policy Review - Margaret Chase Smith Center for Public Policy
		Maine has led the nation in safeguarding beaches through the "Sand Dune Law" (now incorporated into the Natural Resource Protection Act, 38 M.S.R.A., sections 471-478), and in successfully resolving the Camp Ellis and Wells issues, which could once again take a leadership role in addressing the place of harbors in beach systems.
		This ratio was too low to permit federal construction of the breakwater, which is prohibited by Maine law in any case because of the damage it would cause on adjacent beaches to the north.
		Maine State Planning Office, "Improving Maine’s Beaches: Recommendations of the Southern Maine Beach Stakeholder Group." Augusta: Maine State planning Office, 1998.
	www.umaine.edu /MCSC/MPR/Vol9No2/KelAnd.htm (7662 words)

	SSRN-The Maximands of Corporate Governance: A Theory of Values and Cognitive Style by Amir Licht
		Keywords: corporate governance systems, stockholder-stakeholder debate, stakeholder theory, values, culture, cognitive style, cognitive closure, value complexity, behavioral law, economics
		Overall, this theory provides explanations for various sticky points in the stockholder-stakeholder debate in the United States and in international settings, identifies gaps in other theoretical accounts, and generates testable hypotheses for empirical research.
		Recent advances in psychological research point to value emphases at the individual and societal levels and to the need for cognitive closure as such factors.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=469801 (7662 words)

	9.6.doc
		He holds a Masters Degree in Law & Finance from CEMA University, a Law Degree of the School of Law of the University of Buenos Aires and a BA from Colegio Nacional de Buenos Aires, University of Buenos Aires.
		He has been a member of the ABA since 1992, a member of the Stakeholder Council of the UN Global Reporting Initiative since 2002, and he is also member of the Chair of the Honorary Council of Legal Affairs of the Business Corporation Chamber.
		Among his former responsibilities there is the management of the Legal Departments in the Buenos Aires Stock Market and in retail, insurance and banking firms, with branches in different states in Argentina as well as in Brazil, Chile and Uruguay and the clerkship with Argentine Courts.
	www.abanet.org /intlaw/hubs/programs/fall2004/9.6.doc (216 words)

	TpgPtPpr.doc
		In the US, the Sarbanes-Oxley Act of 2002 (Public Law No. 107-204, 2002) aims to hold executives and auditors more accountable to shareholders.
		These management systems are already being supported by a growing array of corporate citizenship/responsibility consultancies, as well as trade, industry, and business association initiatives that provide information and education, and voluntary multi-stakeholder alliances that provide guidance and input into internal corporate management systems from a range of perspectives.
		Others call for more significant reforms that would bring employees onto boards of directors (as they already are in the German system, for example), bar law-breaking companies from receiving government contracts, and establishing a �corporate duty of loyalty in law to the public good� (Kelly, 2003).
	www2.bc.edu /~waddock/TpgPtPpr.doc (216 words)

	Goodmans Web Site
		Goodmansâ corporate restructuring group has become one of the largest and best in Canada by developing cross-functional abilities and building a diverse track-record.Â Over the years, our lawyers have acted for every major stakeholder in every type of restructuring in the country.Â The scope of our credentials in restructuring is unmatched.*
		Since our lawyers have acted for all sides in restructuring situations, they have gained a truly complete understanding of the intricacies involved, and can work literally from every vantage point.Â The groupâs philosophy is to partner with clients as business and legal advisors to effectively address objectives and deliver the right solutions.
		According to the Canadian Legal Lexpert Directory, Goodmans has more âmost frequentlyâ recommended lawyers in the practice area than any other firm in Canada.Â
	www.goodmans.ca /index.cfm?fuseaction=PracticeArea&practiceareaid=7 (323 words)

	Conglomerate Blog: Business, Law, Economics & Society
		When progressives "win" the stakeholder debate, management wins too, and the only clear social welfare implication that follows from giving managers boundless discretion is that it improves managers' lives.
		Although the law may have no interest in stopping fully informed individuals from binding themselves or their entities to a high rate of interest that compensates the lender for a particular risk, the law realizes that in many cases the borrowers aren't fully informed of their bargain.
		In that case, Kerkorian was attempting to move a management team that was sitting on a cash stockpile.
	www.theconglomerate.org (6280 words)

	Scottish Widows' Stakeholder Pension Scheme - stakeholder pensions: your guide from is4profit the sme information resource
		Scottish Widows has already been approved as a stakeholder provider by all relevant authorities and from April the stakeholder product will be accessible directly from Scottish Widows (by telephone or Internet), by consulting an Independent Financial Adviser or through any Lloyds TSB branch*.
		In January 2001, Scottish Widows was one of the first providers to announce its stakeholder pension plan terms to the market.
		This document represents Scottish Widows' interpretation of the current and proposed law and Inland Revenue practice as at the date of publication.
	www.is4profit.com /stakeholder/Providers/scottishwidows.htm (638 words)

	The Elizabeth Fry Society Of Greater Vancouver - Programs
		The Elizabeth Fry Society of Greater Vancouver works with women and youth in conflict with the law.
		The strong stakeholder credibility of E. Fry and PIP/POP members enables us to transcend fear of "the system" of identifying their children to "the state." PIP/POP is now meeting with Inmate Committees within prisons in the Lower Mainland area.
		An around-the-clock residential program is home to 10 women at any one time who have been in conflict with the law or who are in a state of transition.
	www.elizabethfry.com /html/programs.html (1389 words)

	SSRN-Ultra Vires Lives! A Stakeholder Analysis of Corporate Illegality (with Notes on How Corporate Law Could Reinforce International Law Norms) by Kent Greenfield
		Because the ultra vires doctrine is alive in a form that makes general law compliance an enforceable obligation within corporate law its continuing life also has implications for the duty of corporations and their managers to maximize profits.
		The remaining vestige of the ultra vires doctrine imports into corporate law a concern about general law compliance, and the "lawfulness" that matters is not merely the laws of the incorporating jurisdiction.
		First, because unlawful acts are ultra vires, such activities become subject to the enforcement powers of corporate law, in addition to the enforcement powers of whatever governmental or private entity is charged with enforcing the underlying, substantive legal requirement.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=253770 (671 words)

	Annual Privatization Report 2003 - What Went Wrong? Lessons From Cochabamba, Manila, Buenos Aires, and Atlanta
		Law 2029 was created with little input by stakeholders and as a result, the terms and conditions of the concession in Cochabamba were ill-suited to the cultural, political, and economic realities in that area.
		In Cochabamba, the private operator had the legal authority to require well closure because Law 2029 granted it the exclusive right to groundwater in the region, as well as exclusivity to provide water services.
		While the immediate and drastic increases in the water tariff were no doubt largely to blame for the unrest in Cochabamba, many of the problems could have been avoided through early, strategic efforts at stakeholder consultation and communication.
	www.rppi.org /apr2003/whatwentwrong.html (5098 words)

	eLegal Canton: December 2004 Archives
		The law on this subject was discussed recently by the Supreme Court of Canada in CCH Canadian Ltd. vs.
		According to Industry Canada: "The purpose of the Stakeholder Roundtable is to provide an update of actions taken by the Task Force, as well as identify anticipated future challenges and solutions.
		A to Z Canadian Technology Law issues for 2004
	www.canton.elegal.ca /archives/2004/12/index.html (5098 words)

	washingtonpost.com: A Spotlight On Capitals Connections
		Real estate developer Dick Patrick, a longtime Capitals executive, is another stakeholder who helped launch the group in the spring of 1999 as a precursor to the Capitals sale.
		Stamas's former law firm worked with AOL and was called on by Leonsis in 1999 to help orchestrate the purchase of the Capitals.
		He said he decided to expand the group in September after Ledecky's departure and after another group stakeholder, Michael Jordan, decided to play for the Wizards and had to give up his stake.
	www.washingtonpost.com /ac2/wp-dyn/A3644-2001Oct28?language=printer (5098 words)

	Riverkeeper.org, Robert F. Kennedy, Jr.
		At Pace University School of Law, he is a Clinical Professor and Supervising Attorney at the Environmental Litigation Clinic in White Plains, New York.
		The New York City watershed agreement, which he negotiated on behalf of environmentalists and the city's watershed consumers, is regarded as an international model in stakeholder consensus negotiations and sustainable development.
		His articles have appeared in the New York Times, Atlantic Monthly, The Wall Street Journal, Esquire, The Village Voice, The Boston Globe, The Washington Post, Pace Environmental Law Review, and other publications.
	www.riverkeeper.org /our_bio_rkennedy.php (5098 words)

	Commentary on the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights
		Transnational corporations and other business enterprises shall recognize and respect applicable norms of international law, national laws and regulations, as well as administrative practices, the rule of law, the public interest, development objectives, social, economic and cultural policies including transparency, accountability and prohibition of corruption, and authority of the countries in which the enterprises operate.
		The Norms may not be used by States as an excuse for failing to take action to protect human rights, for example, through the enforcement of existing laws.
		The term “stakeholder” includes stockholders, other owners, workers and their representatives, as well as any other individual or group that is affected by the activities of transnational corporations or other business enterprises.
	www1.umn.edu /humanrts/links/commentary-Aug2003.html (6061 words)

	Copyright Timeline
		Part of the review process included three hearings (held in Los Angeles, Chicago, and Washington, DC) hosted by the Working Group, where members of the stakeholder community presented reactions to the Green Paper.
		The Working Group on Intellectual Property Rights was established to explore the application and effectiveness of copyright law and the National Information Infrastructure.
		The White Paper contained recommendations to amend the Copyright Act of 1976 and presented a lengthy legal analysis of current copyright law.
	www.arl.org /info/frn/copy/timeline.html (6061 words)

	SSRN-Ultra Vires Lives! A Stakeholder Analysis of Corporate Illegality (with Notes on How Corporate Law Could Reinforce International Law Norms) by Kent Greenfield
		First, because unlawful acts are ultra vires, such activities become subject to the enforcement powers of corporate law, in addition to the enforcement powers of whatever governmental or private entity is charged with enforcing the underlying, substantive legal requirement.
		Because the ultra vires doctrine is alive in a form that makes general law compliance an enforceable obligation within corporate law its continuing life also has implications for the duty of corporations and their managers to maximize profits.
		The remaining vestige of the ultra vires doctrine imports into corporate law a concern about general law compliance, and the "lawfulness" that matters is not merely the laws of the incorporating jurisdiction.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=253770 (6061 words)

	BECTU response to TUC Strategic Review: Facing the Future
		At a policy level, we are clear that the TUC has a comprehensive and sophisticated awareness of current pensions issues, as well as practical activity in the stakeholder area.
		Such assistance could take the form of shared information and experience derived from affiliates; assistance with campaign materials and publicity; and specific information on union-busting tactics, as well as a database of companies, law firms and consultants known to be active in this area.
		Given the ongoing crisis in occupational pensions and the continuing inadequacy of state pensions, we believe there could be a greater role for the TUC as a centre or clearing house of pensions expertise for affiliates to draw on in negotiating and campaigning on pensions issues.
	www.bectu.org.uk /policy/pol076.html (762 words)

	Ireland and the United Kingdom Sign New Nuclear Issue Agreement And Announce Package Of Measures To Enhance Relationship On Nuclear Issue.
		The UK Government recognises the Government of Ireland as a unique stakeholder with distinct responsibilities to those of other stakeholders in relation to Sellafield in particular and nuclear activities and developments in the UK in general.
		The Minister and Ambassador also jointly announced the outcome to date of discussions between Ireland and the United Kingdom stemming from the legal action brought by Ireland under the United Nations Convention on the Law of the Sea (UNCLOS).
		The Agreement signed on 10 December between the Governments of the United Kingdom (UK) and Ireland is designed to ensure the swift exchange of information between the UK and Ireland in the event of a major nuclear accident or other radiological emergency occurring in either country.
	www.environ.ie /DOEI/doeipub.nsf/wvInfoView/E4A1CAC881D8634B80256F660044F9F8?OpenDocument&Lang=en (762 words)

	Western Governors' Association
		The Western Governors' Association is working proactively to address the threat and consequences of wildfire to communities and the environment by assisting in the implementation of the 10-year strategy in cooperation with federal agencies, state foresters and local community and stakeholder representatives.
		Country “cannot afford to wait any longer” for drought preparedness law, Western governors tell congressional appropriators.
		Governors to release, take comments on Rocky Mountain Area Transmission Study at Sept. 29 meeting in Salt Lake.
	www.westgov.org (762 words)

	Current Membership List
		Our regional organizing approach -- focusing on making the Pacific Northwest and British Columbia a world leader in practical and profitable solutions to global warming -- is helping to transform the global warming debate in the region and lay the groundwork for a successful, multi-stakeholder climate action agenda.
		NEDC also provides valuable hands-on experience for students seeking to enhance their education in environmental law.
		Working with our member groups and their collective membership of nearly 200,000 residents, MEC is addressing the primary assaults on Michigan’s environment; promoting alternatives to urban blight and suburban sprawl; advocating for a sustainable environment and economy; protecting Michigan’s water legacy; promoting cleaner energy; and working to diminish environmental impacts on children’s health.
	www.greenmediatoolshed.org /public/memberlist.acs (9654 words)

	The Bioterrorism Act of 2002
		For example, following a July 17, 2002 stakeholder letter to the FDA foods community, the agency held a series of meetings with consumers, industry, state and local governments, transporters, and other key constituents to brief them on the Bioterrorism Act's food provisions.
		Congress responded by passing the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act), which President Bush signed into law June 12, 2002.
		Before issuing proposed regulations on food-related issues, the agency provided an opportunity for stakeholders to identify concerns and suggest ways to address them.
	www.fda.gov /oc/bioterrorism/bioact.html (282 words)

	AgricultureLaw.com News - February 12, 2002
		He holds a bachelor's degree from Iowa State University and also is a graduate of the University of Iowa Law School.
		His remarks came during the NCBA Stakeholder's Congress at the 2002 Cattle Industry Convention and Trade Show in Denver.
		A life-long cattleman and farmer in Jackson, Cedar and Clayton Counties in Iowa, Willey was president of the Iowa Cattlemen's Association in 1995 and 1996, and served five terms on that organization's board of directors.
	www.agriculturelaw.com /headlines/feb02/feb12d.htm (301 words)

	University of Alberta Libraries
		Monthly newsletter provides analyses of current "hot topics" in the taxation field, features commentaries on the latest tax developments - in the case law, in tax legislation and administration, and in tax policy - and alerts readers to the implications of these changes.
		Provides background information to a multi-stakeholder readership about current financial reporting and corporate disclosure requirements for public companies in Canada and the extent to which these requirements may be expected to provide disclosures about social, environmental and ethical (SEE) issues.
		Services, career info and online publications which cover overviews of latest developments in accounting and auditing and guidance to new sections in the CICA Handbook.
	www.library.ualberta.ca /subject/business/accountingcanada/index.cfm (2313 words)

	Canada Gazette
		In developing these proposed Regulations, Transport Canada considered the views of public interest groups, law enforcement agencies, labour organizations and the motor carrier industry, as well as provincial governments and individual stakeholders.
		Further, because the Project Group was interested in obtaining the views of all stakeholders, Transport Canada engaged the services of a consultant in the fall of 1998 to gather input to the hours of service review.
		The Driver Fatigue and Alertness Study (DFAS) results were released in November 1996, at which time Transport Canada assumed the chair of the multi-stakeholder CCMTA Project Group examining hours of service.
	canadagazette.gc.ca /partI/2003/20030215/html/regle1-e.html (2313 words)

	Insurance-Canada.ca: Centre for the Financial Services Ombudsnetwork Issues First Annual Report
		Labelle, " and are very well positioned to meet the many challenges ahead, including increasing our visibility with consumers and strengthening ties with our key stakeholder groups."
		These range from recourse mechanisms offered at the firm level, to assistance available from industry associations, provincial ombudsmen offices, consumer groups, regulatory and self-regulatory bodies, government officials, law firms and the media.
		"In today's financial marketplace," explains the Centre's Chair Huguette Labelle, "there is a wide array of options available to consumers who encounter problems or have concerns with their financial providers.
	www.insurance-canada.ca /consinfogeneral/OmbudsNetwork402.php?format=print (2313 words)

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In the News (Fri 1 Jan 10)