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Bare Trusts—Outside the Tax Door?
Full text linkFor tax purposes, bare trusts are effectively ignored—they are transparent, the beneficiary is treated as the real owner of the trust asset with any income arising therefrom taxed upon them. However, it is still a trust; whilst discretionary and interest in possession trusts (which I shall call “ordinary express trusts”) are subject to special rules with trustees subject to tax, these rules do not apply to bare trusts when, in many cases, the trustees may have similar custodial duties. Also, bare trusts are subject to anti-money laundering regulations and, for tax purposes, adopt other guises such as partnerships and implied trusts. There is thus some disparity between bare trusts and ordinary express trusts, but this disparity may be what makes the bare trust unique. An option to break the transparency and offer settlors a halfway house between transparent tax treatment and greater opaqueness of ordinary express trusts might be a useful feature.
Keywords: bare trust; beneficial ownership; transparent; sham; opaque; express trust; vulnerable persons
Between Compliance and Commitment: Evaluating India’s ESG Regulatory Framework
Full text linkIndia presents a distinctive model in environmental, social, and governance (ESG) policymaking, characterized by a blend of mandatory corporate social responsibility (CSR) spending and structured ESG reporting obligations. Rooted in a history of state-led economic planning and stakeholder-oriented governance, India’s ESG framework reflects a complex evolution from voluntary guidelines to enforceable mandates. Through mechanisms such as the Companies Act 2013 and the Securities and Exchange Board of India Business Responsibility and Sustainability Reporting (BRSR) framework, India aims to institutionalize sustainability and corporate accountability. However, this article argues that despite progressive regulatory intent, practical implementation falls short due to vague qualitative disclosures, greenwashing, insufficient enforcement, and a compliance-driven mindset.
Using case studies of four public sector undertakings—COAL India Limited, NTPC Limited, the Oil and Natural Gas Corporation Limited, and the Steel Authority of India Limited—the article conducts a textual analysis of BRSR environmental disclosures. Findings reveal that, while some companies demonstrate robust identification of environmental risks and mitigation strategies, others rely on rhetoric, omit critical risks such as carbon emissions, and lack measurable ESG goals or timelines. Director statements across companies are promotional rather than reflective, failing to acknowledge environmental challenges. Additionally, sustainable sourcing practices are weak, with little data on supplier assessments or integration of ESG criteria in procurement.
The article contends that India’s ESG framework, while promising, suffers from limited accountability, greenwashing, and bureaucratic box-ticking. It calls for a cultural shift in corporate governance where ESG is central to business vision and strategy, supported by stronger internal audits, clearer metrics, and meaningful stakeholder engagement. Lessons from India highlight the need for regulatory balance alongside genuine corporate responsibility.
Keywords: PSU ESG case studies; BRSR; mandatory CSR; India
Integrating Sustainability in an Emerging Economy: Evolving ESG Frameworks in Ghana
Full text linkThis article critically examines Ghana’s journey toward integrating environmental, social, and governance (ESG) practices to advance sustainable development. It assesses the political, economic, and regulatory dynamics shaping ESG adoption, highlighting Ghana’s progress through targeted policymaking, international commitments, and sector-specific regulations. The analysis emphasizes the necessity of robust governance structures and regulatory oversight, using the banking industry as a key example of the practical challenges and opportunities in ESG implementation. By situating Ghana’s experiences within the broader context of emerging economies, the article identifies shared obstacles and outlines strategic solutions, offering actionable insights for enhancing sustainability, resilience, and inclusive growth.
Keywords: environmental, social and governance (ESG); sustainable development; Ghana; regulatory frameworks; banking sector; gender equality; corporate social responsibility (CSR); renewable energy; international agreements; small and medium enterprises (SMEs)
Queer Source of Law: Expectation of Compliance with the Yogyakarta Principles in International Human Rights Mechanisms
Full text linkThe Yogyakarta Principles (YPs) were produced by transnational civil society actors involved in sexual orientation and gender identity (SOGI) human rights activism. The document has had a significant impact on debates surrounding gender and sexual diversity in international human rights law. As such, it provided a new source, a queer source, of law for friendly actors who were already inclined to decide favourably on issues regarding SOGI rights. This article analyses the extent of the YPs’ political efficacy in the context of global governance and international law institutional mechanisms. More concretely, the main research question asks: what is the nature, or quality, of the application of the YPs by international human rights monitoring bodies? What does it tell us about their level of political influence? In responding to these questions, the article employs the analytical framework of expectation of compliance as an indicator to measure the YPs’ political efficacy.
Keywords: Yogyakarta Principles; sexual orientation and gender identity; international human rights law; queer; law-making
Story
Full text linkThe poem is about a young person’s vision and their recollections of their life in activism. They yearn to include children, so that they can start defending their rights and join the field, but they debate about whether it’s too early for them or rather whether there is no actual right age for activism. The poem tries to explore the various forms of oppression in which young people have lately been embroiled in Kenya and their activism against it. It also dives into the various ways in which young people can be a part of a movement in order to get their stories written and voiced, based on the strong assertion that he who controls the stories controls history and how people come to know it
Case translation: Belgium
Full text linkIn this interlocutory judgment, this court, at the request of the parties, ordered, before rendering judgment, the appointment of an expert to examine the Tesla S Pl00 DL vehicle, which had been purchased on [ ] 2018, by (the first appellant) through leasing from (the second appellant) from TESLA BELGIUM BV (the respondent).
Belgium; hidden defects Tesla S Pl00 DL vehicle; disclosure/discovery; expert investigation frustrated and hampered; lack of loyal cooperation with the expert report and the evidenc
