Harmonizing corporate governance systems can potentially level the playing field for businesses, as it would increase financial and economic interconnections, including market integration, between countries. Although harmonization at the regional level such as the EU seems challenging because systems are so diverse, the reverse is the case at the national level. A critical issue in the harmonization effort is whether to adopt the “comply or explain” approach or the mandatory compliance approach. Although mandatory compliance is necessary in certain circumstances, particularly in cases of corporate pseudo-reporting that occasions corporate failures, the predominant approach involves “comply or explain”. Given competing interests in the business community, the inclination for flexibility and the regulatory authority's disposition for an oversight function, this article argues that a hybrid approach should be followed, which will internalize the merits of both the “comply or explain” and mandatory compliance approaches while eschewing their disadvantages.
Purpose
This paper aims to analyze the importance and application of whistleblowing in the fight against fraud in Nigeria’s capital market.
Design/methodology/approach
Drawing from existing legislation and literature in the area, the paper (by adopting a doctrinal approach), analyzes the application of whistleblowing in the Nigerian capital market.
Findings
As a result of an inadequate legislative framework (a structure consisting mainly of mere policy directives and voluntary codes), whistleblowing is seldom used in Nigeria’s capital market.
Originality/value
This paper extends the body of knowledge in the area of whistleblowing in Nigeria’s capital market by not only identifying the non-utilization of the concept but also offers creative suggestions, which will help it is to normalize as a regulatory tool for reducing fraud in this sector.
Sustainable development has become the catchword for a sustainable standard of living, evidenced in the elaboration and elucidation of the principles by the United Nations Sustainable Development Goals (SDGs). African countries are deeply implicated in the sustainable development agendas as they strive to turn the tide in favour of a better way of living. Sustainable development is deeply intertwined with the natural resources sector because of its inextricable link with development imperatives. Despite a commitment to implement the sustainable development agendas in their various national laws, BITs, and regional and multilateral treaties, evidence indicates a divergence between principles and practice in Africa. Most African countries observe the principles in breach, illustrated by wide scale poverty, low human development, and environmental devastation of ecosystem and marine habitat. Arguably, African countries have an obligation to reflect the principles of sustainable development to which they committed themselves to ensure sound environmental governance and social equity.
South Africa remains confronted with challenges to the realization of the right to healthcare services, shaped by both national and global dynamics. The proliferation of exclusivity regimes in intellectual property (IP) rule-making poses a threat to affordable healthcare services. Although South Africa is not a signatory to any of these enhanced IP norms, it may still be at risk through transposition, given that the current norm-setting constitutes the future direction of rule-making. These global dynamics are compounded by overly protective measures in South Africa's patent law as well as non-IP factors, particularly the prevalent weak health infrastructure. Although South Africa's IP Policy Phase I incorporates a raft of changes to address the situation, capacity constraints could thwart effective outcomes. Consequently, beyond the current patent law reform, there should be a roadmap for how to manage global IP norm-setting as well as non-IP factors, to foster universal healthcare coverage in South Africa.
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