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LLM Theses and Essays

Submissions from 2013 2013.

Some Important Causes for Settlement in American Civil Litigation , Felipe Forte Cobo

Submissions from 2011 2011

TO REVEAL OR CONCEAL?—AN ISP’S DILEMMA, Presenting a New “Anonymous Public Concern Test” for Evaluating ISP Subpoenas in Online Defamation Suits , Cayce Myers

Submissions from 2008 2008

Infrastructure Development in Emerging Economies and the Roles Played by Multilateral Institutions , Amjad Ahasan Basheer

Universal Human Rights and Threat to International Peace and Security: The United Nations' Obligation to Intervene , Godfrey Mhlanga

Submissions from 2007 2007

Applicable Law Provisions in International Uniform Commercial Law Conventions , Paolo E. Conci

Licenses, Leases and Other Contractual Arrangements for the Exploration and Production of Petroleum A Comparative Study Between Nigeria and the United States , Omolara Elumelu

Judicial Review of International Commercial Arbitral Awards by National Courts in the United States and India , Aparna D. JUJJAVARAPU

Ethiopia's Sovereign Right of Access to the Sea under International Law , Abebe T. Kahsay

Comfort Women: Human Rights of Women from Then to Present , Jinyang Koh

Imports or Made-in-China: Comparison of Two Constitutional Cases in China and the United States , Xiao Li

Taxing Emotional Distress Recoveries: Does Murphy Show the Way? , Kaushal P. Mahaseth

The Land of the Free: Human Rights Violations at Immigration Detention Facilities in America , Caitlin J. Mitchel

International Legal Standards Governing the Use of Child Soldiers , Dorcas B. Mulira

Corporate Restrictions in Mexico and the United States , Dennis Rios

Regulating Transnational Corporation for Environmental Damage , Sonal Sahu

The Need for a Transnational Appellate Arbitral Review Body , Priya Sampath

A Consumption Tax versus a Federal Income Tax in the United States , Shelly-Ann R. Tomlinson

Financial Holding Company System and Relevant Legislation , Ye Wang

Submissions from 2006 2006

The Hamburg Rules , Kweku G. Ainuson

Tourism in Antarctica: History, Current Challenges and Proposals for Regulation , Juan Y. Harcha

Reconsidering the Medical Expert Witness System , Yunwei Jiang

A Comparative Study of the Legal Responses to Domestic Violence in the United States and Hungary , Adam Keri

Enforcement of Human Rights under Regional Mechanisms: a Comparative Analysis , Fekadeselassie F. Kidanemariam

Shareholders' Agreements in Close Corporations and Their Enforcement , Ricardo Molano Leon

A Comparative Study on the Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules , Junrong Song

How to Deal with Multi-party Nominations of Arbitrators in International Commercial Arbitration - a Comparative Study of Appointment Procedures with Emphasis on U.S.-European Commerce between Private Entities , Marie-Beatrix Tupy

Balancing Regulations and Incentives for Foreign Direct Investment: a Case Study of Mexico and Kazakhstan , Dauren B. Tynybekov

Submissions from 2005 2005

The Legality of Humanitarian Intervention , Eric Adjei

A Comparative Assessment of U.S. Direct Investment in China and India , Kalpana Arjunan

Pre-contractual Obligations in France and the United States , Florence Caterini

Comparative Law: Alcohol, Drug Abuse & Jurisprudence from the United States to Korea , Hyun J. Cho

Commercial Speech in the United States and Europe , Oxana Valeryevna Gassy-Wright

Accountability of Transnational Corporations under International Standards , Lea Hanakova

Protection of "Persona" in the EU and in the US: a Comparative Analysis , Anna E. Helling

Income Tax Preferences to Foreign Investment in China since the Late 1970s , Xiaoyang Hou

Role of the World Bank and IMF in Issuing Loans to Russia: Responsibility, Tricks, Corruption, Mafia, and Important Use of Legal Enforcement , Elmira A. Makova

Governance and Responsibility of Multinational Enterprises: the Use of Codes of Conduct and Litigation to Change Multinational Enterprises' Behavior , Maria Fernanda Matach

Free Movement of Goods: a Comparative Analysis of the European Community Treaty and the North American Free Trade Agreement , Pedro A. Perichart

The Drafting Process For a Hague Convention on Jurisdiction and Judgements with Special Consideration of Intellectual Property and E-Commerce , Knut Woestehoff

The Drafting Process for a Hague Convention on Jurisdiction and Judgments with Special Consideration of Intellectual Property and E-commerce , Knut Woestehoff

Trade-related Environmental Measures and GATT: the Conflict between Trade Libralization and Environmental Protection , Fang Zheng

Submissions from 2004 2004

The Question of Non-trade Issues in the WTO from a Developing Country Perspective , Cecilia Alzamora

Cybercrime , Karissa Ayala

Protection of Children from Exploitation in West Africa: Illusion or Reality? , Afua Brown-Eyeson

Legal Structures of European Security and Defense Policy and War Powers under the U.S. Constitution , Heiko Buesing

U.S. Antidumping Law and Practices against Korean Exports , Jinwook Choi

Regulation of Hate Speech , Haiping Deng

The Institutional Framework of the European Union for the Conduct of Foreign Affairs , Frederic Eggermont

Comparison of New Zealand and United States Securities Markets through the Looking Glass of the Efficient Market Hypothesis , Carla Natalia Gargiulo

Private Party Participation in the World Trade Organizations , Taehyung Im

Issues Regarding the Most Effective Tool of U.S. Bankruptcy Law , Zeenat Kera

Contracts and Electronic Agents , Sabrina Kis

Historical Aspects of State Arbitration Policy , Elton R. Lanier

Regulating Non-territorial Commercial Environments in Territorial-based Legal Systems , Pedro Martin G. Less Andrade

Unilateral Refusals to Deal in Intellectual Property as Monopolistic Conduct , Bolanle Meshida

Comparative Analysis of Federal Income Tax Imposed on U.S. C Corporations and Russian Joint Stock Companies , Alina Y. Mitskevich

Legislation and Implementation of International Environmental Law by African Countries: a Case Study of Ghana , Brigitte L. Okley

The Challenges of Tax Collection in Developing Economies (with Special Reference to India) , Pramod K. Rai

Family Businesses, Choices of Legal Entity , Martina L. Rojo

Sound Record Producers' Rights and the Problem of Sound Recording Piracy , Stanislava N. Staykova

The Change of Corporate Governance Structure in the United States and Taiwan , Yifan Tseng

Fiduciary Duties of Directors in the Context of Going-private Transactions to the Minority Shareholders under Delaware Law , Yuan Wang

Recognition and Enforcement of International Commercial Arbitration Awards , Shouhua Yu

Submissions from 2003 2003

Interim Measures in International Commercial Arbitration: Past, Present and Future , Sandeep Adhipathi

Reservations, Human Rights Treaties in the 21st century: from Universality to Integrity , Pierrick Devidal

Technological Advances Leading to the Diminishing of Privacy Rights , Anabelle Maria D'Souza

Protection of Consumer Privacy in E-commerce , Choong L. Ha

Mergers and Acquisitions in Europe: Analysis of EC Competition Regulations , YoungJun Lee

Security Interests in Intellectual Property Rights: the Time Has Come for the Enactment of New Laws , Esteban Mazzucco

The Convergence of Trade and Environment and the Relative Role of WTO , Xiaoxi Meng

The Main Characteristics of State's Jurisdiction to Tax in International Dimension , Alfred Nizamiev

U.S. Foreign Direct Investment in Developing Countries: a Case Study of Malaysia, Mexico and South Africa , Abenaa A. Oti-Prempeh

Free movement of goods: A comparative analysis of the European community treaty and the north American free trade agreement , Pedro A. Perichart

A Historical View of Intellectual Property Rights in the Palestinian Territories , Ihab G. Samaan

Submissions from 2002 2002

An Analysis of the Duty to Negotiate in Good Faith: Precontractual Liability and Preliminary Agreement , Aarti Arunachalam

Multinational Corporations Facing the Varying Concepts of Jurisdiction : "forum non-conveniens", Contrasts between the Anglo-American and the European Law Systems , Sandrine Buttin

Minority Shareholders and Oppression in Close Corporations: Contracting as an Effective Protection Device , Marcella Machado Carneiro

Freedom of Speech, Cinema and Censorship: a Comparative Analysis of Issues of Freedom of Speech Violations as a Result of the Rating Regulation Authorities in the Motion Picture Industry in France and the United States , Stephanie Grenier

International Corporate Governance Practices and Their Implications on Investors , Namwandi Hamanyanga

Current Problems of International Taxation of Electronic Commerce , Nuran G. Kerimov

An End to the Political Question Doctrine in Korea?: A Comparative Analysis , Myeong-Sik Kim

The Evolution of the Law's Treatment of the Confessions of Mentally Disabled Criminal Suspects , John E. Knight

Public and Private Interests in Copyright Law: Creativity, Science and Democracy vs. Property and Market , Daryana I. Kotzeva

The Intra-enterprise Conspiracy Doctrine as Applied to Affiliated Corporations under Section 1 of the Sherman Act , Michael B. Menz

Privacy and Personal Data Protection in the Information Age: A Comparative Evaluation , Emeka B. Obasi

The Right to Freedom of Religion vis a vis Religious Intolerance in the New Millennium , Buihe P. Okenu

Conflict of Laws in the Enforcement of Foreign Awards and Foreign Judgments: the Public Policy Defense and Practice in U.S. Courts , Anupama Parameshwaran

Balancing Interests: Statute of Limitations and Repose in Medical Malpractice Cases , Laurie L. Paterson

A Comparison of Environmental Impact Assessment Process between the National Environmental Protection Act (NEPA) and the Basic Environmental Protection Act (BEPA) , V An Rhee

Offshore Investments , Ana Maura M. Safrin

Lawyers' Value in Mergers and Acquisitions under the New World of Multidisciplinary Practices , Yunling Wu

Submissions from 2001 2001

FAIR USE AND THE DIGITAL DISTRIBUTION OF MUSIC - RECORDING INDUSTRY ASSOCIATION OF AMERICA v. NAPSTER, INC. (A COMPARATIVE ANALYSIS OF A RESTRAINT ON COPYRIGHT IN THE UNITED STATES OF AMERICA AND TRINIDAD AND TOBAGO) , MICHELLE LISA ALEXANDER

THE IMPACT OF MODERNIZATION AND DEVELOPMENT ON MUSLIM WOMEN IN EGYPT: A LEGAL PERSPECTIVE , MAZAHIR MUHAMMED ATA EL-SID

David vs. Goliath (2001): An Analysis of the OECD Harmful Tax Competition Policy , Truman Butler

Transfer Pricing: A Comparative Study of the French and U.S. Legal Systems , Valerie Ciancia

REFORMING CHINA'S PARTNERSHIP LAW: ACHIEVEMENTS, PROBLEMS AND PROSPECTS , HONGBING FAN

SHOULD AN EFFECTIVE INTERNATIONAL CRIMINAL COURT HAVE PRIMACY OR BE COMPLEMENTARY TO NATIONAL COURTS? AN ANALYSIS OF CONCURRENT JURISDICTION IN THE AD HOC TRIBUNALS AND THE ROME STATUTE , GODWIN YENIKA FONYE

Foreign Direct Investment in Colombia , Juliana Gomez

LEGALIZE IT? -OSP AND PEER-TO-PEER NETWORK LIABILITY FOR ONLINE MUSIC COPYRIGHT INFRINGEMENTS IN THE UNITED STATES AND GERMANY , CHRISTIAN NILS JOCHEN ENGELHARDT

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Final Dissertation LLM

Company law, o.p. jindal global university.

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Preview text, centre for post graduate legal studies, corporate corruption: scope and growth of india, sonakshi sharma, dissertation submitted in partial fulfilment of the master, of laws (ll) in corporate and financial law, prof. arjya b. majumdar, dean, admissions and outreach, o. jindal global university.

TITLE Page No. ACKNOWLEDGMENT 3

INTRODUCTION 4

RESEARCH QUESTIONS 6

CHAPTER OVERVIEW 7

1 A CONCEPTUAL UNDERSTANDING OF CORPORATE CORRUPTION

1 MEANING OF CORPORATE CORRUPTION 8

1 reasons, impact and need 8, 1 crimes associated with corporate corruption 9, 2. genesis of the corporate corruption 10, 2 genesis of corporate frauds 10, 2 scenario after independence of india 10, 2 a corporate fraud which crippled the british, 3 a critical analysis of corporate legislations 14, 3 scope of corporate legislations in india 14, 3 companies act, 2013 14, 3 securities exchange board of india 15, 4 judicial craftsmanship on corporate frauds 17, 4 cases of corporate frauds in india 17, acknowledgment.

I would never have been able to finish my synopsis without the blessings of my parents. I would like to express my deepest gratitude to my mentor Professor Arjya B. Majumdar, Dean, Admissions and Outreach, O. Jindal Global University for the excellent care, patience and providing me with excellent atmosphere despite the remoteness caused due to pandemic for doing research and who guided me and helped me frame my topic “CORPORATE CORRUPTION: SCOPE AND GROWTH OF INDIA” correctly and approving my work. I would also like to thank O. Jindal Global University for giving me an opportunity to be a part of this great institution.

Duly affirmed and declared by:

Sonakshi Sharma

Student ID- 20011525

Batch 2020-

Corporate Law and Financial Law

Date- 31 May 2021

INTRODUCTION

The preambular guidelines of the law of the land, that is Constitution of India, clearly spells out the necessity of justice, equality and liberty which in turn promotes fraternity that ultimately protects the dignity of the individual and the sovereignty of nation. 1 However, the history is evident of how tyrannical tendencies of those in power, have gained the advantage from the disadvantaged undermining the dignity and integrity and which has been the perfect recipe for chaos and catastrophe. 2 The term ‘Corruption’ is etymologically derived from the latin word ‘corrumpere’ which means an action having a negative connotation of bribery, malpractice or even war and it is one such vice which has been inevitable for the human species. 3 Corruption has been one of the major causes of the disintegration of the Union of Soviet Socialist Republic, which was once a hegemonic world power of the modern world. 4 Albeit having an anti-corruption law for over three decades, India ranks 76th amongst 168 countries in the world in levels of the public sector corruption in 2015 as per the Corruption Perception Index. 5 However, the corporate sector is India, is on verge of embroiling itself in the rooster coop of the corrupt malpractices. 6 The corporate corruption in India directly or indirectly hampers the growth of a society. 7

LITERATURE SURVEY

S. Tripathi in his book, “New company Law” comprehensively discusses the provisions of the new company law, as amended in 2013 and also draws a comparison with the older law to provide an understanding of evolution of the Act. 8 Anju Beniwal in her journal article titled “Corruption A Social Disease” explores the effects of evils of corruption in society, especially the economic and political ramifications which led to undermining the authority of the government by the citizens. 9 Seema Sharma in her journal article, “Corporate Social Responsibility in India- The Emerging Discourse & Concerns” underlines the scope of CSR in India and points out the struggle it has undergone to be implemented and the ramifications of the CSR policy in India. 10 Ravinder Kaur in her journal article, “India Inc. and Its Moral Discontents.” lays down the historical background of

1 Constitution of India 1950, Preamble 2 Richard J., The Third Reich in Power (First published Evans Penguin Books Germany 2008) 3 Cecilia Tortajada, Asit K. Biswas ‘From our ancestors to modern leaders, all do it: the story of corruption’ ( the Conversation , 7 September, 2018) <theconversation/from-our-ancestors-to-modern-leaders-all-do-it-the- story- 4 of-corruption-102164> accessed 16 February 2021 Charles A Schwartz, ‘Corruption and Political Development in the U. S. S. R’ [1979] 11(4) Comparative Politics 425 – 443 <jstor/stable/421869> Accessed 19 February 2021 5 Rachel Beddow, ‘Corruption Perceptions Index 2015’ (Transparency International , 2016) <jstor/stable/ resrep20562> accessed 20 February 2021 6 Ravinder Kaur, ‘India Inc. and Its Moral Discontents’ [2012] 47(20) Economic and Political Weekly 40 – 45 <jstor/stable/23214625> accessed 20 February 2021 7 Anju Beniwal, ‘Corruption: A Social Disease’ [2012] 73(1) The Indian Journal of Political Science 85 – 96 <w 8 ww.jstor/stable/41856563> accessed 14 February 2021 S. Tripathi, New Company Law (Central law Publications 2015) 9 Anju Beniwal, ‘Corruption: A Social Disease’ [2012] 73(1) The Indian Journal of Political Science 85 – 96 <jstor/stable/41856563> accessed 14 February 2021 10 Seema Sharma, ‘Corporate Social Responsibility in India- The Emerging Discourse & Concerns’ [2013] 48(4) Indian Journal of Industrial Relations 582 – 596 <jstor/stable/23509816> accessed 14 February 2021

This question examines the the concept and trace genesis of corporate corruption and attempts to understand role of digitalisation and technology in corporate frauds.

• Whether the rising cases of corporate frauds are causing any impact on the Indian economy?

This question finds out and analyses the cases of corporate frauds in the country and studies the impact of such cases on the Indian Economy.

• Whether the existing anti-corruption legislations in the country are effective?

The researcher observes the prevalent legislations on corporate corruption in India and endeavours to ascertain the need for centric and flexible laws on corporate frauds.

• Has the provision of ‘CSR’ Corporate Social Responsibility has reaped any significant benefit to the country?

The researcher attempts to find out the scope and effects of CSR in the country and determine the role of CSR in curing corporate frauds.

• What is the role of judicial limb of the governance concerning the corporate fraud cases?

This question attempts to find out the requirement of having a wider interpretation by the courts in the cases of applicability of corporate fraud.

• What are the lacunas in the legal system as regarding corporate corruption and what measures can be adopted to counter these cases?

This question analyses the lacunas and lay down suggestive measures and findings on corporate corruption cases in India.

CHAPTER OVERVIEW

The present research is proposed in the following chapters-

Chapter 1 titled as ‘Introduction’ which provides for the an understanding on the concept and also explores the literature on the corporate corruption. further, this chapter covers nuances of corporate corruption and decipher the degree of offences which are associated to it.

Chapter 2 is titled as ‘Genesis of the Corporate Corruption’ which shall deal with the evolution of corporate frauds and rising cases of corporate frauds which are causing any impact on the Indian economy.

Chapter 3 is titled as ‘A critical analysis of the Corporate Legislations’ which would deliberate upon the connotations of corruption and bribery in the legislations enacted by the Parliament. This chapter explores the applicability, implications, lacunas and the scope of impunity which the offenders have claimed under these umbrella legislations.

Chapter 4 is titled as ‘Judicial Craftsmanship on Corporate Frauds’ would deal with the judicial responses or the landmark judgements which gave scope and consideration to corporate corruption and what all cases have been decided in the context of Indian jurisdiction where corporate frauds and corruptions have been identified as a grave condition in corporate regime.

Chapter 5 is titled as ‘Recent trends and relevance of CSR’ that will address the latest trends in MNCs and corporate sector where there are tendencies of corporate malpractices with special regard to digitalisation and globalisation.

Chapter 6 is titled as ‘Conclusion and Suggestions’ that will enunciate upon the findings and conclusion set out by the researcher. This chapter further lays down the measures and suggestions to implement the legislative provisions for amelioration of the corporate frauds.

come up with new regulations for auditing and securities. 20 Similarly, manipulation of stock market by falsification of bank receipts caused a stock market catastrophe in the popular “Harshad Mehta Scam”. 21 Bank loans in thousands of crores obtained by fraudulent activities, all being done from a small branch of Punjab National Bank at Brady House in Mumbai brought to books, an International diamond tycoon and the brand himself, Nirav Modi. 22 These cases are just a few of examples where despite the unprecedented effort of offenders to escape with impunity, the law worked hand in glove with justice. Having combined the amount of money defrauded in the aforementioned cases, the liability of these men runs in billions of dollars whereas the popularity of these men has led to adoption of these stories as popular culture documentaries and drama series. 23 Therefore, a need for understanding the concept of corporate corruption becomes even more pertinent in the present time.

1. CRIMES ASSOCIATED WITH CORPORATE CORRUPTION

White collar crimes, or corporate crimes, chit funds, insurance frauds, are some of the commonly known financial frauds. The modus operandi of these acts may vary but the intention of deceit or concealment of facts remains common among all as per the Companies Act, 2013. 24 The punishments for conducting fraudulent affairs, running investing scams, running illegal affairs, making false statements have been exhaustively laid down for such acts, however, the procedural lapses, litigation and psychological costs renders it as a tedious process. 25 The global crimes involved in the corporate corrupt activities such as terrorism, trafficking of human beings, illicit trafficking of drugs, trafficking of firearms, money laundering, identity thefts have been called out as a potential human rights issue needed to be addressed at the earliest. 26

20 Chintalapati Srinivasa Raju v Securities And Exchange Board Of India Civil Appeal No. 16805 of 2017 21 Harshad S. Mehta v Union of India 1992 CriLJ 4032 22 Punjab National Bank v M/S Stellar Diamonds (Original Appeal) 119 of 2018 23 Sayan Ghosh, ‘Bad Boy Billionaires: India’ review: A restrained tale of unbridled debauchery’ ( The Hindu , October 15. 2020) <thehindu/entertainment/movies/bad-boy-billionaires-india-review-a-restrained-tale-of- unbridled-debauchery/article32860969> accessed 14 February 2021 24 Akanksha Tomar, ‘India: Corporate Frauds: An Analysis’ ( Singh & Associates 27 April 2018) <https:// mondaq/india/white-collar-crime-anti-corruption-fraud/696380/corporate-frauds-an-analysis> accessed 14 February 2021 25 Companies Act, 2013 s 7, 8, 448 26 Anne Peters, ‘Corruption as a Violation of International Human Rights’ [2018] 29(4) European Journal of International Law 1251 – 1287 <doi/10.1093/ejil/chy070> accessed 11 February 2021

2. GENESIS OF THE CORPORATE CORRUPTION

2. genesis of corporate frauds.

The chronicles of historians have spelt out the corruption and its manifestation existing in the ancient Greece and Egyptian civilisations. Though corporations were inexistent before the formalisation of civil society and its transactions were set in motion. Nevertheless, Corruption or its ancient manifestation in form of moral predicaments finds its mentions in the Kautilya’s ‘Arthashashtra’ which dealt with the embezzlements of the then era and the precarious acts of judges written during Mauryan dynasty in 14th Century signifying how roots of corruption are deeply imbibed within the ancient history of the country. 27 During the medieval period, the case of corruption rise significantly with the number of authorities involved from zamindar to diwan and thereby till the dawn of 16th Century, corruption became the way of administration and justice during the Mughal Empire. 28 The solution that were adopted by the Mughal emperor involved paying higher salaries to the officers at top hierarchies which represented characteristics of corporations such as creation of estates for revenue collection in form of ‘Zamindari’, although, the greed and temptation remained unaffected. similarly, East India Company’s arrival and India transformation of colony paved way to an unorganised form of corporate corruption in manner of regulating itself so beneficially detrimental to the policies the crown situates miles apart which was tackled by the intervention of the Crown and regulation Act of Companies Stock Redemption Act, 1874, thereby the Parliament having a lazes faire outreach which practically removed corruption among their officials. 29

2. SCENARIO AFTER INDEPENDENCE OF INDIA

It is the era after Independence of 1947 which truly signified the genesis of corruption as the general perception of the society implied that a person who had committed favours to others shall be prioritised and doing otherwise would be disrespectful and unorthodox. 30 Subsequently, the cases of corruption emerged drastically in India with the coverage of the press and the general willingness and interest of the people in developmental activities but the same faded away with time due to prolonged trials and breach of official documents by the public officials, authorities and the big corporate players which brought the Central Vigilance Commission into this paradigm in 1964 and subsequently a legislation called as the Prevention of Corruption Act, 1988. With the adoption of policy of liberalisation, globalisation and privatisation in India, due to the indebtedness and global pressures of the World Bank, the scandals involving bureaucrats and higher officials continues to reach the brim of tolerance.

27 Arpinder Singh and Vinay Garodiya, ‘Counter-attacking corporate corruption’ ( Fortune India 13 May 2019) <https:// fortuneindia/opinion/counter-attacking-corporate-corruption/103199> 28 accessed 10 March 2021 Arun Kr. Agrawal, “Corruption in Historical Perspective: A Case of India” (2007) 68(2) “ The Indian Journal of Political Science” <jstor/stable/41856330> accessed 3 March 2021 29 Ibid. 30 Krishan Bhatia, ‘The Ordeal of Nationhood: A Social Study of India since Independence, 1947–1970’ (1975) 80(3) The American Historical Review <doi/10.1086/ahr/80.3.707> accessed 12 March 2021

Wells Fargo (United States of America)

High sale targets on the employees which led to creation of false customer accounts

3 Billion Dollars

Volkswagen (United States of America)

Deceptive software changing results of emission tests

25 Billion Dollars

Enron (United States of America)

Inaccuracy in financial reporting

74 Billion Dollars

WorldCom (United States of America)

Transgressing expenses of company to pay personal debts and capital expenditures

ZZZZ Best (United States of America)

Ponzi scheme with fake customers

300 Million Dollars

The genesis and rise of corporate corruption is attributable on a basis of behavioural interpretation to the poor management imbibed with the greed of power and status accompanied with the tendency of covering up the misdeeds on pretext of false profits or losses, and ultimately creating a fiction of truth. It is also evidently the education of technicalities of the financial experts and non technical backing of the investors that the financial frauds, or particularly white collar frauds emerged as a high tide. Projection of false dividends is a common factor in most of the cases signifying the unwillingness of the investors and shareholders to audit, with simultaneous manipulation of the companies.

3. A CRITICAL ANALYSIS OF CORPORATE LEGISLATIONS

3. Scope of Corporate Legislations in India

The legal mechanism in a democracy is the only way which enables the wrongdoer to be punished for the wrongdoing and also deters the offences and impunities. The legal recourse is manifested in many jurisdictions for appropriate conduct of issues which extends to the maladies in the corporate world. As far as the frauds in corporate world is concerned, the Indian Legal scenario is such that it has a Muti-dimensional approach with tackling mechanism from making confiscation of proceeds to forfeiting the assets of corporations, along with the punishment in terms of imprisonment and fines. Some of these legislations are discussed hereinafter:

3. Companies Act, 2013

The company law of India has been in existence since 1956 with the major revamping which took place in 2013. One of the most prominent features the amendment brought about was the introduction of statutory compliance to the Corporate Social responsibility (herein referred to as ‘CSR’) in the country. Mandating a specific threshold for all the companies which have a net worth which is greater than the five thousand crores or a turnover greater than the five crore rupees or net profit proceeds greater than five crores for all Indian companies and the foreign companies which have their branches in India. 35 All such companies falling under aforementioned umbrella are required to undertake activities of the CSR specified under the exhaustive list in the Act. 36 The CSR Board, comprising of at least three directors of the company is required to draft a policy and the same is approved in the adequate manner. However, this provision is used as an instrument for tax evasions and embezzlement of CSR funds since the policy lacks enforceability with merely a civil liability. 37 An Amendment in 2019 provides for the non compliance to such provisions to entail civil liability and hefty fines, along with allocation of unspent CSR funds to be contributed towards a designated Car account which can be spent within next three years, without would otherwise go towards the statutory fund. 38 The Act also provides for the punishment for committing frauds by inducing another persons to invest money which provides that regardless of the intention of the person making any statement or a promise or a forecast which is falsifying, deceptive, misleading and concealing and who makes another person to enter into or makes an offering in such direction by entering into certain agreements would be liable under Section 447 of the Act. Section 36, lays down three types of agreements, firstly, agreement dealing with securities which provides acquisition, disposition, subscription and underwriting, secondly, which presumptively provides profitability to one acquiring securities, in reference to their fluctuations and thirdly, an agreement

35 Companies Act, 2013, S. 135. 36 Companies Act, 2013, Schedule VII. 37 Panchall Guha, “Why comply with an unenforced policy? The case of mandated corporate social responsibility in India” (2019) 3 "Policy Design and Practice” <tandfonline/doi/full/10.1080/25741292.2020.1726592> accessed 8 May 2021 38 Company Law (Amendment) Act, 2019

insider trading, to name a few. The regulatory provisions put a check on the promoters to give away and disclose accurate and full information. However, despite the exhaustive written provisions, SEBI lacks an autonomy to conduct the markets being slowed down under the Ministry of Finance, Government of India. An inevitable intervention of the Government in matters of policy by ways of recommendations rather pulls down the ultimate objective of the Act by bringing in lapses, both procedural and substantive. Substantive lapses involves the liability of the Board to initiate a prosecution without the green flag of the Government. 47 As far as the procedural restraint is concerned, the board itself is not autonomous of the involvement of Government as all its members are by one way or another appointed from among various ministries and bodies of Government which raises dubious eyes for proper regulation for which judicial intervention was sought in 2011, however no recourse has yet been observed. 48

The Reserve Bank of India stands atop as a sole financial institution which upholds the vitality of banking system in the country reassuring the confidence through affordable banking services and protecting depositors. 49 The Foreign Exchange Management Act, herein referred to as ‘FEMA’ also plays a crucial role in regulation of foreign exchange in India. 50 Despite presence of all these bodies the internal management itself goes unchecked as apparent from the recent cases of corporate frauds wherein the employees are involved for a meagre share of illicit profits, not even themselves realising the cost of their recklessness and contributing in a disastrous historical corporate fatality. The judiciary has also been attempting to mitigate the issue of corporate frauds with its development of principles and doctrines through way of precedents.

47 Madhu Bala, ‘Corporate Frauds and Legal Mechanism in India’ (2018) 7(5) International Journal of Current Advanced Research 48 <journalijcar/sites/default/files/issue-files/6426-A-2018.pdf> accessed 6 May 2021 Editor, ‘PIL alleges nexus in Sebi appointments’ ( Times of India, November 5, 2011) <https:// timesofindia.indiatimes/business/india-business/PIL-alleges-nexus-in-Sebi-appointments/articleshow/ 10612161> accessed 7 May 2021 49 Reserve Bank of India Act, 1934 50 The Foreign Exchange Management Act, 1999

4. JUDICIAL CRAFTSMANSHIP ON CORPORATE FRAUDS

4. Cases of Corporate Frauds in India

The latin term respondent superior is as much relevant in the scandals of the present time as vicarious liability of the company becomes apparent when the wrongdoing is involved for which its corporate veil is lifted. The doctrine of vicarious liability was developed in 1859 where the company was held liable for the action its employees. 51 The Apex Court has held that despite the company cannot be physically indicted for the crimes it commits, yet still, the imposition of fine is as much relevant as a liability for committing dishonour in a search investigation. 52 Treating corporations as an artificial person, the Supreme Court of India also pondered upon the veracity of absence of mental intention, that is men rea, and held a corporation liable. 53

4. Convictions by the Apex Court in Various scams

In the case of Life Insurance Corporation of India v. Hari Das Mundra and Ors 54 , The Apex Court convicted the Haridas Mundra for 22 years for committing probably the first and the one of the biggest corporate frauds in India. The loses incurred in this fraud span around One hundred and twenty five crore of rupees. In another corporate scandal, the Information Technology giant of the country that is Satyam Computers were proved guilty of falsification of accounts and records which were exhibited for gaining the investment, thereby committing another financial fraud of colossal proportion in M/S. Satyam Computer Services Limited v. Directorate of Enforcement, Government of India. 55 The Securities Appellate Tribunal convicted the accused for committing a financial fraud of twelve thousand crore rupees by investing the bank money and causing huge loses to several banks in Ketan Parekh v. Securities and Exchange Board Of India. 56

4. SEBI’s inadvertent endeavours

In another scam popularly called as the ‘ Saradha Chit Fund Scam ’ the Saradha group accumulated investments from unaware people who were deceived for receiving too good to be true returns from redeemable bonds through the involvement of agents at the grass root level who gained trust and confident of the prospective investors from among the general public. Despite the

51 Ranger v. The Major Western Railway Company [1859] 4 De G & J 74 52 Aneeta Hada v. Godfather Travels and Tours Pvt. Ltd [2012] 5 SCC 661 53 Iridium India Telecom Ltd v. Motorola Inc. [2011] 1 SCC 74 54 Decided on 14 February, 1962 55 WP No. 37487/ 56 Appeal No. 2 of 2004 before SAT

5. RECENT TRENDS AND RELEVANCE OF CSR

5. Recent trends in Corporate Corruption

The most intricate feature about corporate frauds is that it is to be read differently from the definition of frauds provided under the Indian Contract Act of 1872 as corporate frauds are of wide amplitude and covers even those kinds of activities which has absence of ‘deceit’ and yet involves itself around the inducement factor in dealing with securities. The connotation of inducement does not concern itself with the intent, but rather with the act of the person who acted upon it. The Apex court also widened the term “unfairness” under the SEBI Regulations of 2003 to include deceptive conduct and the fraudulent activities. 58 The “SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003" prohibits the manipulative, fraudulent and the unfair trade practices and also empowers SEBI to conduct investigations in the cases of such activities including prohibition in dealings with certain categories of the securities. The regulations made in exercise of the Section 30 of the SEBI Act also makes it the duty of the corporations to co-operate in such investigations. 59 manipulation is stated hereinafter:

The trend of the investigations concerning

Year Investigations undertaken by SEBI relating to Market manipulation and price rigging

Investigations completed by SEBI concerning Market manipulation and price rigging

Investigations undertaken by SEBI on Issue related to manipulation

Investigations completed by SEBI on Issue related to manipulation

2010-11 56 51 6 2

2011-12 73 37 35 4, 2012-13 86 41 43 52, 2013-14 67 73 6 12, 2014-15 41 86 3 3, 2015-16 84 60 9 20, 2016-17 185 118 8 5, 2017-18 40 120 1 9, 2018-19 84 60 2 1.

58 SEBI v. Kanaiyalal Baldev Patel, (2017) 15 SCC 1. 59 The SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003, Regulation 8

Table 5. The number of investigations taken and completed by the SEBI on Market manipulation and price rigging and the Issue related manipulation as per the Annual Report of 2019 released on July 15, 2020. 60

The aforementioned table (Table 4.) represents that despite the empowering regulations, the decade that follows has seen a less impressive rate of completed investigations in comparison to the investigations taken by SEBI as far as the cases of market manipulation are concerned.

Even until 2009, when the case of Satyam Scandals garnered the public attention, it was the foreign states which took inspiration from such cases to make domestic legislations stricter. For example, one of the international consequence of this case was indeed the effectuation of the draconian Sarbanes and Oxley regulation in the United States of America. In India, the company was saved by the intervention of the Government and the Mahindra group who provided expertise and finances. The case of the king of good times, that is the owner of the Kingfisher Airlines, Vijay Mallaya was not a shocker to anyone for its perceivably distasteful business model. The incessant borrowings, amount to over a whooping nine thousand crores led to liquidation of the entire company from 2010 to 2012 and did not meet with the same fate as that of Satyam computers.

5. Relevance of the CSR

The corporate Social Responsibility, herein referred to as “CSR” was brought in effect in the country by virtue of the Company Law amendment Act in 2014. Section 135 of the Act provides that every company who satisfies one of the three classification is mandatorily required to undertake the corporate social activities. The mandate is applicable to the companies who have firstly, the net worth of “five hundred crore rupees or more” or secondly to those companies who have “a turnover of one thousand crores or more” or thirdly, to those companies which have “net profits of five crores or more”. The CSR activities involve providing necessities to the targeted population, environmental activities, activities for disease prevention, educational activities, food and hunger related activities to name a few. 61 All these activities aim at delivering the social justice, which is also a constitutional preambular goal. 62 Derogation of such responsibilities of listed companies having fulfilled statutory criteria by representing and deceiving the CSR spends in an unlawful manner is directly against the spirit and essence of the Indian Constitution.

60 Handbook of Statistics 2019, <“sebi.gov/reports-and-statistics/publications/jul-2020/handbook-of- statistics-2019_44233"> accessed 12 May 2021 61 The Companies Act, Schedule VII 62 Constitution of India, 1950, Preamble

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Theses/Dissertations from 2022 2022

Redressing the Past to Repair the Present: The Role of Property Law in Creating and Exacerbating Racial Disparities in Wealth and Poverty in Nova Scotia , Melissa Marsman

Theses/Dissertations from 2021 2021

Pushing the First Domino: Freeing the Whales in Canada , Luc Paul Bourgeois

Responsible Business Conduct in The Extractive Industries: Prospect of Respecting Women's Human Rights in Ghana , Veronica Dossah

Putting the Constitutional Horse Before the Cart: Federal Jurisdiction over Next Generation Environmental Assessment , Anna Johnston

Fiscal Decolonization-Indigenous Fiscal Autonomy and Tax Jurisdiction , Riad Kherallah

Theses/Dissertations from 2020 2020

Biosimilars: The Quest for a Rational Regulatory and Intellectual Property Approach in Canada , Elizabeth S. Dipchand

Metaphysics & Morals in Canadian Criminal Justice: A Pragmatic Analysis of The Conflict Between Neuroscience and Retributive Folk Psychology , Sarah Greenwood

Business and Human Rights in the Context of Sanctions: A Road to Filling the Governance Gap , Bahareh Jafarian

Using Canadian Law to Prevent, Respond to and Remedy Maltreatment in Sport: Listening to and Learning from Athletes , Wendy MacGregor

The Province of (Substantive) Legitimate Expectation in Nigeria's Tax Administration: A Law and Policy Evaluation , Okanga Ogbu Okanga

Proposing a Constructivist Approach to Resolving Trade Conflicts Under the African Continental Free Trade Area Agreement (AfCFTA): A Cross-Jurisdictional Analysis , Oluwayesi Sanni

The Canadian Anti-Doping Program and the Charter of Rights and Freedoms , Kate Scallion

An Analysis of the Human Rights Approach to Climate Change: The Right to a Healthy Environment, Intergenerational Equity and Climate Litigation , Unwana Emmanuel Udo

Theses/Dissertations from 2019 2019

Climate Change in Canadian Environmental Assessment Legislation: Review and Recommendations for Further Consideration of Greenhouse Gas Emissions , Émilie Godbout-Beaulieu

Lest Law Forget: Locke's Toleration and Religious Freedom , Stephen Holt

Sentencing Persons Convicted of Minor Offences in Ghana: Reducing Judicial Over-Reliance on Imprisonment , Nenyo Kwasitsu

Tax Incentives for Attracting Foreign Direct Investment in Sub-Saharan Africa: A Comparative Study of Ghana and Kenya , Patrick Ofori

Just Care: A Relational Approach to Autonomy and Decision Making of Parents Committed to Religious or Indigenous Traditional Practices , Tu-Quynh Trinh

Theses/Dissertations from 2018 2018

Improving the Criminal Justice System in Nigeria Through Restorative Justice: Lessons From Canada and New Zealand , Olaniran Akintunde

Smart Devices in Criminal Investigations: How Section 8 of the Canadian Charter of Rights and Freedoms Can Better Protect Privacy in the Search of Technology and Seizure of Information , Lee-Ann Conrod

Protecting Women's Rights? Prospects Under the UN Human Rights Treaty System: A Case Study on India 2005-2017 , Deepali

The Theoretical Case Against Criminalized Copyright Infringement in Canada , Maria Dugas

Language's Empire: A Counter-Telling of Administrative Law in Canada , Nicholas Hooper

Responsible Investing: Access Denied , Keith MacMaster

Recent Developments in Marine Insurance Law and Consequences for Iran , Mohammad Ali Majd

Game of Tones: A Twail-Analysis of the Evolution and Impacts of the United Nations Framework Convention on Climate Change Technology Transfer Regime in Africa , Adebayo Majekolagbe

The Scope of Party Autonomy in International Commercial Contracts: A New Dawn? , Akinwumi Olawuyi Ogunranti

Designing a Robust Tax System for Nigeria: Lessons from an International Perspective , Olukemi Tawoju

Theses/Dissertations from 2017 2017

The Global Fight against Base Erosion and Profit Shifting under the OECD’s Country-by-Country Reporting Rules: A Possible Solution? , Oladiwura Ayeyemi Eyitayo-Oyesode

Towards an Effective Regime Against Online Copyright Infringement in India , Ashwin Ramakrishnan

Theses/Dissertations from 2016 2016

Justified Outbreak: Bringing Together Law, Public Health, and Ethics During an Infectious Disease Emergency , Clark Colwell

A Future For a Forgotten Predator: Assessment of the Global and Regional Legal Frameworks For Protection and Recovery of the Caribbean Sawfishes Pristis Pristis and Pristis Pectinata and Recommendations For the Course Forward , Olga Koubrak

Conformity or Contradiction: International Health Rights in Canadian Courts , Claire McNeil

Modernizing Pakistan's Blasphemy Law as Hate Speech , Farhan Raouf

The Bill of Lading in an Era of Electronic Commerce: Legal Developments and the Reform Options for Nigeria , Kenneth Ugwuokpe

Theses/Dissertations from 2015 2015

The Proportionality Standard and Constitutional Culture: A Comparative Analysis of Rights Adjudication in Canada and the French Republic , James Peter Barry

Conflict of Laws Aspects in Same-Sex Relationships in Africa: A Comparative Study , Solomon Frimpong Amoateng

Improving Claims Resolution: Alternative Processes in Canada's Immigration System , Nicole M. Melanson

Privacy Protection for Mobile Health (MHEALTH) in Nigeria: A Consideration of the EU Regime for Data Protection as a Conceptual Model for Reforming Nigeria's Privacy Legislation , Olufunke Olawumi Salami

Sex Work and the City: Creating Municipal Licensing Regimes for Brothels , Maria K. Powell

Quebec's Bill 1: A Case Study in Anti-Corruption Legislation and the Barriers to Evidence-Based Law-Making , Graham Steele

Theses/Dissertations from 2014 2014

The Exclusion of Improperly Obtained Evidence at the International Criminal Court: A Principled Approach to Interpreting Article 69(7) of the Rome Statute , Michael Madden

Application of the State Immunity Rule in the International Criminal Justice System: Problems Arising and a Critique of Legal Response Mechanisms , Celestine Nchekwube Ezennia

Detainee Rights and State Obligations: Charting the Shoals Facing the Royal Canadian Navy , Darin Reeves

Enduring Powers of Attorney and Financial Abuse of Older Persons: Are Existing Safeguards Sufficient? , Paula Wedge

Theses/Dissertations from 2013 2013

Settlement, Compromise, and Forgiveness in Canadian Income Tax Law , Colin Jackson

Theses/Dissertations from 2012 2012

Science on Law's Terms: Implications of Procedural Legitimacy on Scientific Evidence , Nayha Acharya

Making Informed Consent Work in Nigerian Health Care , Oluchukwu Jacinta Aniaka

Social Networking and the Employment Relationship: Is Your Boss Creeping Up On You? , Michael Keliher

Changing Tactics: Rehabilitating Canadian Justice for Traumatized Veterans , J. Jason Samson

Protecting Minority Shareholders in Civil and Common Law Systems: Canadian, Ukrainian and German Examples , Iushchenko Igor Sergiiovych

Theses/Dissertations from 2011 2011

The Works of Jürgen Habermas: A Tool for Further Understanding the Theory and Practice of Restorative Justice , Audrey Laurel Barrett

Defining the Role of Mature Minors in the Medical Research Consent Process , Isabelle M. A. French

Balancing Developed and Developing State Interests under a Regulatory Framework for Foreign Direct Investment: The Potential of the GATS Model , Tumininu Modupe Laiyemo

Ballast Water Management Convention, 2004: Towards Combating Unintentional Transfer of Harmful Aquatic Organisms and Pathogens , Sabitiyu Abosede Lawal

Are we Flipping Coins with the Liberty of Potentially Dangerous Individuals?: A Comparative Analysis , Sébastien David Martineau

The Beasts in the Jungle: Animal Welfare in International Law , Catherine Sykes

Theses/Dissertations from 2010 2010

Allocation of Fishing Opportunities in Regional Fisheries Management Organizations: A Legal Analysis in the Light of Equity , Maria Cecilia Engler Palma

A New Governance Approach to Designing an Effective Arrangement for the Sustainable Management of Renewable Marine Resources in the Eastern Caribbean States , Kerith Tristan Kentish

Enforcing Idealism: The Implementation of Complementary International Protection in Canadian Refugee Law , Zofia Przybytkowski

A Bitter Pill to Swallow: Canadian Drug Regulation , Michael Duncan Taylor

Theses/Dissertations from 2006 2006

The Rhetoric of Innovation , Matthew Herder

Theses/Dissertations from 2004 2004

Providing Access to Generic Antiretroviral Drugs to People Living With HIV/AIDS in Developing Countries: An Examination of Legal Obligations , Cheluchi Onyemelukwe

Theses/Dissertations from 2002 2002

The International Criminal Court: A Contextual Study of a Nascent Court within the International Criminal Legal System , Ronald Ian MacKay Rennie

Theses/Dissertations from 2001 2001

Reconstructing a Divided Society: Development of Self-Government and Judicial Reform in Kosovo , Sasha Baglay

The Citizen Submission Process of the North American Commission for Environmental Cooperation , Jaime Miguel Carreno-Martinez

Finding a Sense of Self in the World: A Process for Overcoming Personal and Collective Alienation after Institutional Abuse , Seetal Kaur Sunga

Theses/Dissertations from 2000 2000

Retrieving the Rejected Stone: Rethinking the Marginalization of the Economic, Social and Cultural Rights under the African Charter on Human and Peoples' Rights , Shedrack Chukwuemeka Agbakwa

Theses/Dissertations from 1999 1999

Women's Equality in the Canadian Criminal Justice System: Something Less than a Fair Shake , P. Michael Cantlon

The Emergence of Integrated Coastal and Ocean Management in Canada's Oceans Act: Challenges of Integrating Fragmented Resource Sectors in Georges Bank, Nova Scotia and Hecate Strait, British Columbia , Gloria Chao

Collective Security and the Legality of the ECOWAS Intervention in the Liberian Civil War , Ikechi Maduka Mgbeoji

Sexual Misconduct of Educators: A Comparison of Decisions of Courts and Tribunals in British Columbia, Nova Scotia and Ontario , Barbara J. Murray

In the Path of Our Ancestors: The Aboriginal Right to Cross the Canada-United States Border , Pamela Palmater

In the Path of our Ancestors: The Aboriginal Right to Cross the Canada-United States Border , Pamela Doris Palmater

Regulation of the International Transport of Packaged Dangerous Goods: The Case for Legislative Integration in a World Convention , Mirsada Stasevic

International Law and the Maritime Carriage of Radioactive Materials: Prospects for the Non-Anthropocentric Greening of International Law , A. Suzette V. Suarez

Prospectus Disclosure and the Role of the Securities Commissions in Ontario and Bangladesh: A Comparative Study , Md. Anowar Zahid

Corporate Control: A Comparative Examination of Corporate Law in Canada and the People's Republic of China , Qin Zhao

Theses/Dissertations from 1998 1998

Recent Challenges to the Protection of Copyright in Literary Works: A Study of Ghana and Canada , Josephine Asmah

The Evolving Duties of Trade Unions Toward their Members: Defining the Duties and Determining the Standards , B. Richard Bell

The Effects of Inadequate Mental Health Resources on the Operation of the Mental Disorder Provisions , Giuseppa Bentivegna

A Matter of Balancing: The Inability to Force Treatment on All Voluntary, Treatment-Incapable Patients in Ontario , Cindy L. Blancher

What a Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies and the Chemical Industry , Robin Lynne Cowling

Law on Pollution and Debris from Oil and Gas Drilling and Production Operations Offshore Nova Scotia , Boris B. De Jonge

The Supreme Court of Canada, Parliament and the Charter: Exploring the Limits of the Judicial Function in Criminal Law , Patricia A. Fricker

Use of Discretion in Independent Migrant Selection: A Study of Canadian Immigration Law, Policy and Practice , Philip Lupul

Right to Strike: A Comparison of Canadian and Chinese Law , Tianjiao Yu

Theses/Dissertations from 1997 1997

Effective Environmental Enforcement: The Missing Link to Achieving Sustainable Development , Linda Francis Duncan

Development Projects and Project-Affected Peoples: The Need to Advance Sustainable Development by Establishing an International Development Institutions Inspection Panel to Redress Grievances , Ram Anand Shankar

Theses/Dissertations from 1995 1995

Contaminated Site Liability: The Need for a Remediation Fund , Kathryn Belle Aitkenhead

Dispute Settlement Procedures and the World Trade Organization: A Move Towards an Adjudicative Model , Seema Monga

The Defense of Seaworthiness in Marine Cargo Claims: A Philippine Perspective , Alan Siquijor

Theses/Dissertations from 1994 1994

The Need for a Specialized and Multi-Agency Prosecution Process for Sexual Assault Offences in Nova Scotia , Catherine Cogswell

Theses/Dissertations from 1993 1993

Protecting the Environment During Warfare , Catherine Margaret Campbell

Sortir les fonctionnaires de l'ombre , Michèle L. Caron

The Last Straw: The Impact of Cost Containment in Health Care on Medical Malpractice Law , Timothy A. Caulfield

Corporations and the Canadian Charter of Rights and Freedoms: The Dignitarian Exclusion , Timothy Paul Chick

A Comparative Study of Traditional Resource Management and National Legal Systems in North America and the Philippines , Donna Z. Gasgonia

The Regime of International Watercourses and Transboundary Management of the Ganges River Basin , Nahid Islam

The Cat Came Back: The Continued Applicability of Common Law Tort Doctrines in Canadian Maritime Law , William Hastings Laurence

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LLM Thesis on: Issues of Expropriation: The Law and the Practice in Oromia

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