Roopanand Mahadew and Krishnee Adnarain Appadoo
The purpose of this paper is to assess the extent to which Mauritius has structured its adaptation to and mitigation of the climate change and its effects on the tourism industry…
Abstract
Purpose
The purpose of this paper is to assess the extent to which Mauritius has structured its adaptation to and mitigation of the climate change and its effects on the tourism industry based on the UNEP framework on tourism and climate change.
Design/methodology/approach
The UNEP framework is used as a guideline based on which an assessment of the various policies, laws or regulations existent in Mauritius is carried out.
Findings
The paper highlights the significant lacunas that exist in Mauritius with regard to this subject matter with measures taken in good faith but not structured and oriented enough to meet long-term goals.
Originality/value
This paper adds to the meagre literature that exists in Mauritius on the legal or normative framework that exists in Mauritius concerning climate change and the tourism industry.
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The purpose of this study is to highlight and critically assess the salient features of the Worker’s Rights Act 2019 of Mauritius.
Abstract
Purpose
The purpose of this study is to highlight and critically assess the salient features of the Worker’s Rights Act 2019 of Mauritius.
Design/methodology/approach
The various essential sections of the Act is assessed to underline the way they provide for an upgrade and progress in comparison with former labour legislation of Mauritius. The standards set by the International Labour Organisation are used as parameters to assess the salient features of the Act.
Findings
The new law puts the worker, as an individual human being, at the centre of the law and employment-related legal provisions have been designed accordingly. This law is an essential and much-needed shift from employer’s centred labour legislation to labour legislation that emphasises on rights of workers.
Practical implications
This study enables foreign and local employers and workers operating in Mauritius to understand and be acquainted with the new provisions on employment laws in force in the country.
Originality/value
This study is currently amongst the few available legal literatures on worker’s rights in Mauritius which adds to its originality. In addition, it is proposed as a building block on which further research on employment laws can be invited.
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The purpose of this paper is to provide a comprehensive overview of the implementation of the Southern African Community Development (SADC) Code on HIV/AIDS and employment in…
Abstract
Purpose
The purpose of this paper is to provide a comprehensive overview of the implementation of the Southern African Community Development (SADC) Code on HIV/AIDS and employment in Mauritius. It focusses on the existing normative framework on HIV/AIDS and employment in Mauritius and the ways in which adopting various aspects of the SADC Code could further bolster the framework for more effective protection of people with HIV/AIDS at the workplace.
Design/methodology/approach
The methodology used is based on a mix of the legal research method and case study analysis. The SADC Code is analysed, and its application and relevance to the Mauritian context are assessed.
Findings
The implementation of the SADC Code into the Mauritian legal framework is still at its infancy. Despite being a state party to it, Mauritius has not done much towards the domestication of the Code which explains the incomplete protection of employees with HIV/AIDS at the workplace from discrimination.
Practical implications
This paper serves as a tool for civil society organisations and other stakeholders to understand the SADC Code and also to engage in a debate related to its implementation in Mauritius.
Originality/value
There has been dearth of literature on the legal aspects of HIV/AIDS and employment in Mauritius. This paper serves as a platform on which this debate can be initiated and continued.
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Roopanand Mahadew and Bhavna Luchmun
This paper aims to provide a comprehensive overview of the sphere of corporate failure in Mauritius. The causes are explained and urge to take preventive measures is justified…
Abstract
Purpose
This paper aims to provide a comprehensive overview of the sphere of corporate failure in Mauritius. The causes are explained and urge to take preventive measures is justified therein. Recommendations are finally proposed to prevent corporate failure in Mauritius.
Design/methodology/approach
The methodology used is based on a mixture of the legal research method and case study analysis. This paper analyses every legal instrument such as enactments, binding rules, regulations and guidelines relevant to the Financial Services Commission (FSC) and the insurance sector in Mauritius.
Findings
The prudential approach by the FSC is on the basis of any attempt for preventing corporate failure in Mauritius. However, there is still room for improvement with amendments that can be brought to various stages, such as the licensing, compliance and regulation stage.
Research limitations/implications
In terms of research limitation, this is an area that is quite new in Mauritius, implying that literature would mostly be indirect in nature. However, it has a high implication as it positions itself as one of the first pieces of literature on the issue of corporate failure in Mauritius. It can be the beginning of a long and required series of literature much needed in the field.
Practical implications
The effectiveness of the regulatory power of the FSC is essential for the financial sector’s future of Mauritius. The amendments that are proposed thought this study would help to immediately improve the health of this essential sector.
Social implications
It posits the business world as an area in which the social impacts are significant. The social implications would be towards researchers, students, practitioners and policymaker. Also, it is a piece of research that would be important for investors who would want to invest in the financial sectors in Mauritius.
Originality/value
This paper will be highly instrumental to policymakers, regulatory authorities, international investors and local businessmen wishing to enter the financial services sector to have a better idea of how this very important pillar of the economy of Mauritius can be shielded better against failure and how it can be enhanced to promote the economic growth of Mauritius.