A comparative analysis of Section 54 of the Modern Slavery Act 2015: the case for legislative reforms of directors’ duties

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Malik, U.M., 2024. A comparative analysis of Section 54 of the Modern Slavery Act 2015: the case for legislative reforms of directors’ duties. PhD, Nottingham Trent University.

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Abstract

This thesis critically examines how the UK seeks to prevent, punish and remedy modern slavery through the Modern Slavery Act 2015 (MSA) by interrogating it in its international and domestic context. In respect of the latter, particular regard is had to corporate disclosure requirements and standards, as well as the nature of directors’ duties in the UK, so as to situate MSA obligations within their wider national context. Crucially, this thesis draws upon the comparative jurisprudence and experience of – especially but not exclusively – France’s devoir de vigilance (FDV), and posits that UK law in this area would benefit from adopting certain aspects of the FDV into the MSA and/or other areas of domestic company law. This thesis therefore focuses on comparing two prominent national legislative regimes which are both said to be aimed at upholding international human rights in the context of modern slavery. In analysing the FDV from doctrinal and applied angles, it is hoped that meaningful dialogue can be engendered in highlighting potential areas for improvement in the MSA. In particular, by holding up those findings as a mirror against the MSA regime and considering the underlying nature of directors’ duties thematically, this thesis recommends the adoption of the FDV in the UK, modified as necessary to ensure harmony with the prevailing legislative structure. Further, reforms to directors’ duties under the UK company law have been recommended, thereby promoting a shift towards enlightened stakeholder capitalism instead of the existing enlightened shareholder value principle currently enshrined in the law. Ultimately, it is hoped that the adoption of a wide FDV-type obligation which will cover global supply chains with a relevant UK nexus, supported by effective enforcement mechanisms (such as mandatory rules, with meaningful sanctions for non-compliance and the provision of specialised enforcement bodies) will result in an enhanced level of respect for human rights among businesses in the UK and elsewhere.

Item Type:

Thesis

Creators:

Malik, U.M.

Contributors:

Name	Role	NTU ID	ORCID
Zhao, J.	Thesis supervisor	NLS3ZHAOJ	orcid.org/0000-0001-6430-2356
Kastrinou, A.	Thesis supervisor	NLS3KASTRA	orcid.org/0000-0001-5441-723X
Amadi, P.	Thesis supervisor	AUP3AMADIP	orcid.org/0000-0003-3680-5321

Date:

January 2024

Rights:

The copyright in this work is held by the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed to the author.

Divisions:

Schools > Nottingham Law School

Record created by:

Laura Ward

Date Added:

19 Feb 2024 14:14

Last Modified:

19 Feb 2024 14:14

URI:

https://irep.ntu.ac.uk/id/eprint/50884