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The purpose of this paper is to examine the recent codification of the duties of nominee directors in Malaysia.

Comparative law and legal theory.

The paper finds that the Malaysian approach to the duties of nominee directors is overly prescriptive and inconsistent with commercial reality.

A review of the law on the duties of nominee directors in Malaysia is called for.

This paper highlights the need for clear law reform objectives and made comparisons of the law across jurisdictions.

An accessible resource on the role of teachers in perpetuating inequality through Prevent Duty, with guidance on how to change teaching practice to empower Muslim students.

The paper uses critical race theory (CRT) to interrogate power and Whiteness in the interaction of teachers and students when complying with Prevent Duty and delivering lessons on fundamental British values. This is illustrated through a constructed narrative between three characters in a London school, and offers a Freirean approach to empowering students through Prevent delivery.

A disproportionately White profession is acting in what they perceive to be the best interest of their students, while failing to interrogate their own position of power and not creating opportunities to be guided by Muslim voices. As a consequence Muslim students continue to be oppressed.

Teachers can disrupt Prevent Duty while complying with its legal obligations by interrogating their own position of Whiteness. They can work with students to ensure Muslim voices lead discussion around Prevent and the inequality in society that is being reproduced by Prevent Duty.

There is potential for good teaching practice to overcome the structural racism and continued inequality experienced by diverse Muslim communities.

The paper is an accessible application of CRT to Prevent Duty, a resource for teachers, students and activists. It can help in the recognition of the potential for even well-meaning teachers to act in ways that perpetuate inequalities. It provides a clear set of suggestions for teaching practices that can overcome this.

One of the common law duties owed by the employer is his duty to take reasonable care for the safety of his employee. This common law duty is an implied term in the contract of employment and is therefore contractual in nature. Because of the difficulties which may arise in bringing an action in contract for breach of the employer's duty of care, the employee who has sustained injuries during the course of his employment (although he may sue either in contract of tort will normally bring a tort action.

This paper examines the effectiveness of the social and political factors as the determinants of antidumping duties against the transition economies. The empirical evidence shows that protectionist pressures tend to be strengthened against them with low labor standards, although protectionist tendencies with respect to social dumping are not so apparent in actual impositions of antidumping duties. There is a weak evidence that the different degrees of democraticness influenced the protectionism against the transition economies during the late 1990s, while such an effect is not found during the period of 2002-2006, as the concerned countries passed the initial stage of transition.

The increasing globalization of business has led to increasing demand for executives who can function in cultural milieus different from their own. This demand has been exacerbated by the fact that globalization has not led to cultural homogenization and hence, for good or bad, executives are not able to universally apply the home country's conceptualizations of rights, responsibilities and duties and must operate within the constraints of host country's cultural environments. Hence, business scholars and global executives increasingly need to reflect on the conceptualization of rights, responsibilities and duties; understand the historical context which has led to different conceptualizations across geographies and appreciate and harness these differences for improving business effectiveness. This paper helps in this endeavor by explaining the differences and similarities that exists between the Indian and Western cultures regarding the concepts of roles, responsibilities and duties. This exposition will help multinational organizations improve their internal practices and employee training methods.

This study attempts to trace the differences and similarities in the conceptualization of rights, duties and responsibilities between the Western tradition and the Indic tradition by literature review. The Indic tradition refers to the broad cultural paradigm that shapes the thinking of the people of Indian subcontinent. The prominent sources of the Indic tradition include Hinduism and Buddhism. India was a British colony for two hundred years and is home to one of world's largest English-speaking population. There are more Muslims in the Indian subcontinent than in the Middle East (Grim and Karim, 2011). Hence, the Indic tradition has also been substantially influenced by the Western and Islamic traditions.

The paper argues that Westerners and Indians have different conceptualization of rights, duties and responsibilities and their relative importance. Broadly speaking, Indian ethos focuses on context-specific responsibilities while the Western attitude focuses on universal rights. These differing conceptualizations have been shaped by the cultural history of the two regions and are manifested in the decision-making styles, levels of individual autonomy and views on the ethicality of actions. There is a need to train expatriate Western and Indian managers on these issues to enable smooth functioning.

The cross-cultural literature has tended to lump together all non-Western civilizations under the category of East thereby ignoring significant differences between them. The Far-East countries of China, Korea, Taiwan and Japan have been highly influenced by the Confucian ethics. India-specific social systems like the caste system, division of human life span into stages with specific responsibilities, enduring worship of nature and Western influence through colonization have been absent in these countries or much less marked. The paper aims to bring forward the distinguishing features in Indian thought that contributes to its distinctive attitude toward rights, responsibilities and duties; contrast it with the Western views on rights and duties and identify the relevance of the discussion to the business context.

The cross-cultural training needs to emphasize both conflict resolution and behavioral aspects. For example, the conflict resolution process in Western countries can be more algorithmic with conflicts being rationally determined by consistent application as well-defined rules (as nature of duties is more universal in Western tradition). On the other hand, conflict resolution practices in India need to be contextual and may require appeals to higher ideals (as nature of duties is more contextual and idealistic in Eastern tradition).

The differences in attitudes regarding rights, responsibility and duties between the West and India suggest the need for cross-cultural training of managers and contextual conflict resolution techniques. The need is exacerbated by the increase in the number of multinational corporations (MNCs). Earlier, most MNCs were headquartered in the West and hence cross-cultural training was primarily geared to help Western expatriates fit into the host country culture (Nam et al., 2014). The growth of Asian MNCs has increased the need of cross-cultural training for Asian expatriates (Nam et al., 2014).

The training processes can be customized to supplement cultural strengths and promote behaviors that are culturally inhibited. Employees in India can be trained to emphasize the value of assertiveness in communication, the need to articulate one's personal success and appreciate the rigid nature of rules in Western contexts. Similarly, Westerners can be trained to emphasize the importance of context in business interactions, the need to forge personal relations for business success and the importance of paternalistic behavior in securing employees commitment.

In the first two sections the author discusses and analyses the1 terms of employment implied at common law. Then the implied common law duties of the employer towards his or her employee and the employee towards his or her employer are discussed. Custom, practice and works rules as sources of terms of the contract of employment are then considered.

The purpose of the paper is to examine and contrast director duties in health and safety in the UK and Australian jurisdictions, the former influencing the latter's health and safety regime until Australia introduced a new more progressive regime.

The authors are practitioners who have combined desk based research with professional knowledge of how the law in both jurisdictions is applied. The approach was a comparative study of the underlying principles behind the enforcement regimes.

The paper found that the UK position could be strengthened but whilst the new Australian position could be a preferable development, it is too early to tell whether or not the Australian model would be more effective.

Research was desk‐based only.

Practitioners in both jurisdictions should consider potential developments in the area of director duties, particularly in the UK where Section 37 could arguably be strengthened.

This is the first comparison of the UK and Australian jurisdictions in respect of health and safety and examines an alternative to the consent, connivance and neglect model used in the UK to attach culpability to directors and officers. It also examines the possibility of introducing due diligence in the UK.

This study used vignettes to examine the understanding and application of the concept of duty of care by health and social care staff working in learning disability services, and the relationship of this to promoting client choice. The study found that health care staff had a significantly broader understanding of the concept of duty of care than social care staff, and were significantly more likely to emphasise client safety. Implications of the findings are discussed.

The purpose of this paper is to apply a fuzzy LinPreRa cognitive map to evaluate the interaction and importance of factors affecting the development of strategic alliance partnerships between the outlying island duty-free shops and existing collaboration firms in duty-free shops. Meanwhile, the key factors should be considered in establishing strategic alliance partnerships while analyzing and comparing the perspectives of owners for outlying island duty-free shop and partner vendors of collaborating firms along with differences of influencing key factors on partnership quality.

This study incorporates a fuzzy linguistic preference relation analytical network process (fuzzy LinPreRa ANP) in the fuzzy cognitive map (FCM) method to formulate a fuzzy LinPreRa cognitive map to evaluate the interactions and importance of key factors and the conditions of interactive impacts during the establishment of strategic alliance partnerships. The authors use the outlying island duty-free shops in Taiwan as the empirical subject to illustrate how the fuzzy LinPreRa cognitive map is applied. In-depth, interviews and questionnaire surveys are conducted to collect and evaluate respondents concerning key factors affecting strategic alliance partnerships establishment.

The following three findings based on the results of empirical analysis: first, the administrative behavioral patterns of managers for strategic alliance partnerships encompass shared values and goal coherence, while the associative statements are located on the first layer of fuzzy LinPreRa cognitive map core associations, which illustrates that businesses attach great importance to conceptual ideas. Second, integrity and reputations of both parties are the governing mechanism of strategic alliance partnerships, influencing mutual reputation. Third, the relationship of strategic alliance partnerships refers to the profit opportunities of both parties and their ability to respond to the market, including future development, regional indicators, marketing capabilities, brand multiplicity and customer retention. However, it can be inferred that such associative factors are located in the outer layer or belong to noncore associations, which means that both parties’ abilities to respond to market reactions are weakened.

This study provides valuable relationship managerial strategies to maintain long-term partnerships for outlying island duty-free shops and their alliance collaborating firms including strengthened relationships of both parties’ managers to achieve common values and consistent objectives; improved beneficial value of both parties in strategic alliance partnerships; continued close communications to enhance the quality of strategic alliance partnerships; and establishment of personnel training mechanisms and strict formulation of management rules for strategic alliance partnerships.

The main valuable contributions are included the fuzzy LinPreRa cognitive map by combining two different decision methods including FCM and fuzzy LinPreRa ANP is proposed to help decision makers to improve the evaluation quality and calculation efficiency for critical elements’ interaction and importance; the fuzzy LinPreRa cognitive map can clarify considering significant factors when maintaining strategic alliance partnerships and further provide valuable relationship managerial strategies to maintain long-term relationships for duty-free shop owners and their alliance collaborating firms.

The purpose of this paper is to demonstrate how Confucianism can be applied in the areas that are now governed by company law in the common law system and how it can play a role in improving corporate governance. A gentleman in the context of Confucianism tends to be inclusive and broad-minded in embracing the interest of different stakeholders. In fact, he will balance the interests of shareholders and other stakeholders if there is any inherent conflict and try to achieve a win-win situation. Ultimately, he will run the company not just for profit-making but for social justice and commitment.

The authors examine the leading cases in Hong Kong and the United Kingdom about the law of fiduciary duty and the duty of care and its relationship with Confucianism. In this respect, we review the teachings of the traditional Confucian texts and use Confucianism to fill in the gap where common law rules cannot reach. In addition, we adopt a comparative study approach in examining the law of directors’ duties in Hong Kong, China and the United Kingdom.

It can be seen that the concept of fiduciary duty and duty of care is quite complicated and evolving and always subject to the interpretations of the court from time to time. For fiduciary duty, the term itself is quite conceptual and not immediately available to the general public. But loyalty in the context of Confucianism is a very lively and down-to-earth moral principle. Besides, fiduciary duty is imposed from outside, where directors had no choice but to accept. But loyalty in the context of Confucianism is something inherent and something from within. It is a moral principle that if you deeply understand the meaning of it, you will automatically accept it as a good virtue and your conduct will naturally be guided by such a principle. Confucianism can thereby be used to fill the gap where rules and regulations cannot reach. Confucian business ethics and common law rule should be complementary to each other in the development of a Chinese corporate governance system.

This paper is the first of its kind in discussing the relationship between the law of directors’ duties and Confucianism. It argues that Confucianism plays a crucial role in guiding the behavior of the directors and can supplement the abstract principles of directors’ duties in the context of a Chinese corporate governance system.