Papers by Naphtali Ukamwa
Simply put, the issue that presents itself, at the heart of this Article is what weight, if any, ... more Simply put, the issue that presents itself, at the heart of this Article is what weight, if any, should a non-rendering court accord the protective orders emanating from pending, settled and dismissed cases in other courts? This Article adds a special tone to the already loud voices on protective-order modification, arguing principally that absolute deference to the issuing court is a leeway for duplicative discovery that places an unfair burden on litigants, a consequence that diminishes sound judicial administration and the Rule-1 objectives. This Article will advance the policy argument that excessive deference to the issuing court is an invitation for absolute insulation of the party insisting on it to decline cooperation in subsequent litigations, which has the potential for engendering further secrecy of bad products and conducts at the expense of public safety. This article will assess the justifications and criticisms underpinning the idea of deference to the issuing court t...
Thesis Chapters by Naphtali Ukamwa
Abstract (Swedish)
The study offers a prescriptive definition of a sustainable corporation from a... more Abstract (Swedish)
The study offers a prescriptive definition of a sustainable corporation from a human-rights-based approach. It defines a sustainable corporation as any business created with or that has human rights and the environment as its fundamental values, and integrates as well as implements such values into all aspects of its operations. This definition implies that all companies their sizes or sector notwithstanding can be sustainable, provided they implement human rights and environmental due diligence as core values in their supply/value chains and there is room for remedies for stakeholders affected by corporate operations.
Popular Abstract
This study finds that the concept of a sustainable corporation is better created as a construct of corporate law rather than international human rights law. The study proposes that a sustainable corporation should be defined by an international framework to ensure consistency, and to promote its effectiveness, States should amend their existing corporate legislation and/or enact due diligence legislation to infuse sustainability into the architecture of corporations. These proposals may face some challenges such as variations in national implementation, and the conflicts of national law and systems. Nevertheless, these proposals are effective as starting points to address the current ineffective corporate diligence measures and to set the ground for future research. (Less)
This research addresses two broad and interrelated issues in public international law:
First, a ... more This research addresses two broad and interrelated issues in public international law:
First, a critical analysis of current international legal norms, systems and multinational mechanisms which affect corporations. Second, exploration of the nexus between corporations, states, and international law.
This is perhaps the first research project on Specialised Environmental Courts for Nigeria
Conference Presentations by Naphtali Ukamwa
This paper is forthcoming and this page will be updated.
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Papers by Naphtali Ukamwa
Thesis Chapters by Naphtali Ukamwa
The study offers a prescriptive definition of a sustainable corporation from a human-rights-based approach. It defines a sustainable corporation as any business created with or that has human rights and the environment as its fundamental values, and integrates as well as implements such values into all aspects of its operations. This definition implies that all companies their sizes or sector notwithstanding can be sustainable, provided they implement human rights and environmental due diligence as core values in their supply/value chains and there is room for remedies for stakeholders affected by corporate operations.
Popular Abstract
This study finds that the concept of a sustainable corporation is better created as a construct of corporate law rather than international human rights law. The study proposes that a sustainable corporation should be defined by an international framework to ensure consistency, and to promote its effectiveness, States should amend their existing corporate legislation and/or enact due diligence legislation to infuse sustainability into the architecture of corporations. These proposals may face some challenges such as variations in national implementation, and the conflicts of national law and systems. Nevertheless, these proposals are effective as starting points to address the current ineffective corporate diligence measures and to set the ground for future research. (Less)
First, a critical analysis of current international legal norms, systems and multinational mechanisms which affect corporations. Second, exploration of the nexus between corporations, states, and international law.
Conference Presentations by Naphtali Ukamwa
The study offers a prescriptive definition of a sustainable corporation from a human-rights-based approach. It defines a sustainable corporation as any business created with or that has human rights and the environment as its fundamental values, and integrates as well as implements such values into all aspects of its operations. This definition implies that all companies their sizes or sector notwithstanding can be sustainable, provided they implement human rights and environmental due diligence as core values in their supply/value chains and there is room for remedies for stakeholders affected by corporate operations.
Popular Abstract
This study finds that the concept of a sustainable corporation is better created as a construct of corporate law rather than international human rights law. The study proposes that a sustainable corporation should be defined by an international framework to ensure consistency, and to promote its effectiveness, States should amend their existing corporate legislation and/or enact due diligence legislation to infuse sustainability into the architecture of corporations. These proposals may face some challenges such as variations in national implementation, and the conflicts of national law and systems. Nevertheless, these proposals are effective as starting points to address the current ineffective corporate diligence measures and to set the ground for future research. (Less)
First, a critical analysis of current international legal norms, systems and multinational mechanisms which affect corporations. Second, exploration of the nexus between corporations, states, and international law.