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168 | Environmental and social transparency under the Companies Act 2006Notes | 169Chapter 2127Now the Department for Business Innovation and Skills (BIS), previously also theDepartment for Business Enterprise and Regulatory Reform (BERR).128Department of Trade and Industry, ‘Modern Company Law for a Competitive Economy’(March 1998).129Ibid., p. 9.130Electronic copies of which can be found at (at February 2009). These will be discussed below where relevant.131DTI, ‘Company Law Reform’ (March 2005).132Ibid.133SJ Berwin Press Release, ‘Company Law Review “A Superb Process”, says SJ Berwin’sPhilip Goldenberg’ (27 July 2001).134See Company Law Review Steering Group, ‘Modern Law for a Competitive Economy: TheStrategic Framework’ (February 1999) note 27, p. 37.135Proponents of the concept argue that as well as (properly) protecting the property interestsof shareholders, this is also in principle the best means of securing overall prosperityand welfare for society more broadly. After considerable debate and consultation throughoutthe CLR, the idea that company directors should have regard to the interests of anyoneor anything above or on the same level as those of their shareholders (labelled the ‘pluralist’approach) was rejected.136Company Law Review Steering Group, ‘Modern Law for a Competitive Economy: TheStrategic Framework’, p. 37.137s 172 Companies Act 2006.138DTI, ‘Company Law Reform’ (March 2005), pp. 16-17.Chapter 3139Allen L. White, ‘Business Brief: Intangibles and CSR’ (February 2006), p. 8.140Company Law Review Steering Group, ‘Modern Law for a Competitive Economy: TheStrategic Framework’ (February 1999), p. 13.141J Low and P Kalafut, Invisible Advantage: How Intangibles are Driving Business Performance(2002) p. 6.142Allen L. White, ‘Business Brief: Intangibles and CSR’, p. 5.143Darrell Bricker, ‘The Resiliency Concept’, from Ipsos, ‘Corporate Reputation: ConnectingFantasies with Reality’ (March 2006).144An MBA is a ‘Master of Business Administration’, an internationally recognised master’sdegree in business administration.145Business for Social Responsibility, ‘Human Rights’ (May 2002), quoted in D Neef, ManagingCorporate Reputation and Risk: A Strategic Approach Using Knowledge Management,p. 35.146Pierre Lassonde, ‘How To Earn Your Social Licence: Without local community support,your project is going nowhere’, Mining Review (2003) Summer.147Allen L. White, ‘Business Brief: Intangibles and CSR’, p. 7.148J Nelsen and M Scoble, ‘Social License to Operate: An Industry Survey’, Mineral Exploration(2003) Spring.149Business for Social Responsibility, ‘Emerging Trends in Corporate Social Responsibilityin the Mining Industry’, Materials for PDAC Short Course, Toronto, 2-3 March 2007.150J Nelsen and M Scoble, ‘Social License to Operate: An Industry Survey’.151Business for Social Responsibility, ‘Emerging Trends in Corporate Social Responsibilityin the Mining Industry’.152Oxfam America, ‘Breakthrough on Quilish’ (19 November 2004).153Hannah Hennessy, ‘Gold mine sparks battle in Peru’ BBC News (1 June 2005).154Shell Nigeria website, ‘Shell in Nigeria – History’ (accessed Nov 2009) .155For example, see R Boele et al, ‘Shell, Nigeria and the Ogoni. A study in unsustainabledevelopment: I. The story of Shell, Nigeria and the Ogoni people - environment, economy,relationships: conflict and prospects for resolution’ (2001) 9 Sustainable Development 2, pp.74-86. One of the most controversial practices in Nigeria is that of ‘gas flaring’, wherebyexcess gases and hydrocarbons are ‘burnt off’ from the production line. This practice hasbeen reported to: have heavily polluting effects in the local atmosphere; be seen by localcommunities to have brought ill health and crop damage; have provoked law suits fromlocal communities, and; in a ruling of 2005, have been found by the Federal High Courtof Nigeria to be a ‘gross violation’ of human rights. See, respectively: The Climate JusticeFoundation and Environmental Rights Action, ‘Gas Flaring in Nigeria’ (June 2005); TerryMacalister, ‘Shell faces flaring lawsuit’ The Guardian (21 June 2005); Gbembre v. Shell PetroleumNigerian Limited, et al., FHC/B/CS/53/05 (Federal High Court of Nigeria).156In particular, reports proliferated during the regimes of General Ibrahim BadamasiBabangida and General Sani Abacha. See Geoffrey Lean, ‘Shell ‘paid Nigerian military’’Independent on Sunday (17 December 1995); Cameron Duodu, ‘Shell Admits ImportingGuns for Nigerian Police’ The Observer (28 January 1996); Ken Saro-Wiwa, ‘CompleteStatement To Ogoni Civil Disturbances Tribunal’ (21 September 1995).