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1 – 10 of 35Sefriani Sefriani and Nur Gemilang Mahardhika
The Covid-19 pandemic has persisted for almost three years. States have since then enforced laws, policies and measures believed to be the most effective to handle the global…
Abstract
Purpose
The Covid-19 pandemic has persisted for almost three years. States have since then enforced laws, policies and measures believed to be the most effective to handle the global pandemic. Along this line, the Indonesian Government opted to implement mandatory vaccination and refusal of which entails monetary penalties. Hence, this study aims to analyze two legal issues that touch upon the realm of International Human Rights Law: first, whether state has the authority to implement the said mandatory vaccine program to those who refuse to be vaccinated, and second, how is the more appropriate legal policy to obligate vaccination but without coercive sanction.
Design/methodology/approach
This is a normative legal research that uses a qualitative method with case studies, conceptual, historical and comparative approaches. A descriptive-analytical deduction process was used in analyzing the issue.
Findings
The results present, as part of state’s right to regulate, it has the authority to enact mandatory vaccination with monetary penalties to fulfil its obligation to protect public health in times of emergency; this is legal and constitutional but only if it satisfies the requirements under the International Human Rights Law: public health necessity, reasonableness, proportionality and harm avoidance. Alternatively, herd immunity is achievable without deploying unnecessary coercive sanctions, such as improving public channels of communication and information, adopting legal policies that incentivize people’s compliance like exclusion from public services, subsidies revocation, employment restrictions, higher health insurance premiums, etc.
Research limitations/implications
This study analyzes in depth the following issues: of whether the government has the authority to apply mandatory vaccination laws enforced through monetary penalties for those who refused to be vaccinated and how does the government implement the appropriate legal policy to enforce mandatory vaccination without imposing penalties for non-compliance while maintaining a balance between the interests of protecting public health and the human rights of individuals to choose medical treatment for themselves, including whether they are willing to be vaccinated. Hence, the political affairs, economic matters and other non-legal related issues are excluded from this study.
Originality/value
This paper hence offers a suggestive insight for state in formulating a policy relating to the mandatory vaccination program. Although the monetary penalties do not directly violate the rule of law, a more non-coercive approach to the society would be more favorable.
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Meiryani, Sani Muhamad Isa and Johan Muliadi Kerta
In the case of money laundering (ML) originating from the predicate crime of corruption, law enforcers find it difficult to prove all or the existence of a predicate crime on…
Abstract
Purpose
In the case of money laundering (ML) originating from the predicate crime of corruption, law enforcers find it difficult to prove all or the existence of a predicate crime on assets that produce assets. This paper aims to analyze ML in corruption cases in Indonesia.
Design/methodology/approach
This research uses qualitative descriptive methods. This research discusses the law enforcement of corruption which coincides with the crime of ML.
Findings
New findings were discovered where against the corruption case which was carried out concurrently with the crime of money laundering, the value of which was Rp. 1bn and above and has been handled by investigators from the Corruption Eradication Commission (KPK), so the prosecution process is carried out by the public prosecutor from the KPK to continue the trial to the Corruption Court. With respect to cases of criminal acts of corruption, which were carried out concurrently with ML crimes, the value of which was Rp. 1bn and below and had been handled by the prosecutor’s investigators from the start, the prosecution process was carried out by the public prosecutor from the prosecutor’s office to continue the trial to the corruption court.
Originality/value
To the best of the authors’ knowledge, this is the first study to use normative perspective on ML in corruption cases (white-collar crime). In contrast to previous studies that take fraud in general as an object of research, researchers are now interested in focusing more research on detecting suspected ML crimes: a case study on corruption cases in Indonesia.
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Rosemarie Santa González, Marilène Cherkesly, Teodor Gabriel Crainic and Marie-Eve Rancourt
This study aims to deepen the understanding of the challenges and implications entailed by deploying mobile clinics in conflict zones to reach populations affected by violence and…
Abstract
Purpose
This study aims to deepen the understanding of the challenges and implications entailed by deploying mobile clinics in conflict zones to reach populations affected by violence and cut off from health-care services.
Design/methodology/approach
This research combines an integrated literature review and an instrumental case study. The literature review comprises two targeted reviews to provide insights: one on conflict zones and one on mobile clinics. The case study describes the process and challenges faced throughout a mobile clinic deployment during and after the Iraq War. The data was gathered using mixed methods over a two-year period (2017–2018).
Findings
Armed conflicts directly impact the populations’ health and access to health care. Mobile clinic deployments are often used and recommended to provide health-care access to vulnerable populations cut off from health-care services. However, there is a dearth of peer-reviewed literature documenting decision support tools for mobile clinic deployments.
Originality/value
This study highlights the gaps in the literature and provides direction for future research to support the development of valuable insights and decision support tools for practitioners.
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Olusola Joshua Olujobi and Tunde Ebenezer Yebisi
The purpose of this study is to examine the corruption prevalent in the distribution of COVID-19 palliatives during the lockdown and movement restrictions in the country. This…
Abstract
Purpose
The purpose of this study is to examine the corruption prevalent in the distribution of COVID-19 palliatives during the lockdown and movement restrictions in the country. This study seeks to analyse the current state of corruption in the distribution of COVID-19 palliatives and public health facilities in Nigeria while also providing a legal insight and strategic blueprint to combat corruption. To this end, this study will address the current legal framework for combating corruption and build upon this to formulate a working strategy for tackling corruption in the future.
Design/methodology/approach
Using a doctrinal legal research methodology, this study draws upon existing literature, tertiary data sources and information from the Nigeria Centre for Disease Control. The collected data is analysed and compared with current literature to identify key findings. Rent-seeking and utilitarian theories of the law were examined to guide this study. This study offers useful insights into combating corruption. The use of this method is justified, as it enhances the credibility of the findings on the importance of strategies for future emergencies. This legal research approach is consistent with the law and can be easily verified. The empirical aspect of this study involved a survey of multidimensional health-care and economic data set of 36 states in Nigeria plus the Federal Capital Territory on COVID-19 in Nigeria. A survey linearised regression model was estimated to determine the influence of government revenue and public health-care facilities in the control of the virus spread in Nigeria.
Findings
This study reveals the need for emphasis on the imperative of combating corruption in the distribution of COVID-19 palliatives and establishing economic resilience through transparent and accountable practices, supported by legal frameworks.
Research limitations/implications
Rent-seeking and utilitarian theories of law are evaluated because of their impacts on combating corruption. The limitation of this study is the intricacy of gathering data on COVID-19 palliatives corruption in Nigeria because of secrecy and the absence of reliable data on the subject.
Practical implications
Estimating the exact number of stolen palliatives and their fiscal impact on Nigeria's economy proves to be a formidable task because of the covert nature of corruption. This study equips policymakers in Nigeria with a better understanding of the legal challenges posed by corruption in the health care sector and provides an effective strategy to combat it.
Social implications
The lack of reliable data on the extent of palliative theft hinders the ability of lawmakers to enact effective legislation and strategies for combating corruption in the distribution of COVID-19 palliatives and addressing future emergencies in Nigeria. The policy implications of this study can assist policymakers in Nigeria and other countries in formulating measures to combat corruption in the distribution of COVID-19 palliatives and other future emergencies. Furthermore, it recommends the overhaul of anti-corruption laws and mechanisms in Nigeria to ensure effective measures against corruption.
Originality/value
In conclusion, this study contributes to knowledge by proposing a legal model centred on people's participation to enhance transparency and accountability in future palliative distribution processes. This study recommends legal strategies that can effectively address corruption in future emergencies or shocks. This study proposes a strategic blueprint to tackle corruption in the future. This blueprint includes an analysis of existing laws and regulations, as well as potential policy changes and legislative reform. This study also includes recommendations for improved enforcement and oversight mechanisms and for improved public awareness and education. As part of this, this study considers the potential for public–private partnerships to increase transparency and accountability in public health and health-care services.
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This paper aims to show the pragmatic studies that examine whether novel COVID-19 affects the national and international stock markets and reinforces the existing literature by…
Abstract
Purpose
This paper aims to show the pragmatic studies that examine whether novel COVID-19 affects the national and international stock markets and reinforces the existing literature by highlighting the factors that are resultant from COVID 19.
Design/methodology/approach
The systematic literature review and bibliometric approach have been used in the study covering 585 selected articles published in journals of high repute from January 2020 to January 2022. The process of bibliometric analysis has been divided into three stages, namely, assembling, arranging and assessing. From the Scopus database, one of the most reliable and authentic database total of 585 records were collected, out of which 12 were specifically focused on communities, and information gathered in the comma-separated value documents design was compared and interpreted based on year, document types, subject area, country and research fields with the help of graphs and pie charts. The study has analyzed fact-based and reliable studies to draw inferences from existing literature regarding the pandemic impacting the financial markets. In the extant study, an attempt has been made to explore the factors that are resultant from the COVID-19 pandemic and affects the stock market performance, which can be further classified into a few common factors by using factor analysis.
Findings
It originated from the majority of the studies that the stock market retorted destructively to the upsurge in the figure of COVID-19 cases and fatalities. It also emphasized that the market has reacted differently in comparison to earlier catastrophes such as the great depression of 2008 and the Spanish flu. Various factors such as fear of losing capital, standstill economy, lower valuation, increased mortality rate, halt in business operations, retrenchment, trade war, liquidity issues, panic buying and selling, digitalization, negative media coverage, government interference, financial behavior of investors, hoarding of COVID supplies, promotion of start-up in health-care and education sector, news bulletins, prevention campaigns, use of medical devices and COVID-19 vaccination, etc. have been conferred from the studies that have an immediate consequence on the actions of investors in the stock market. It was further highlighted in the study that the Indian stock market has been less explored in respect of implications of COVID-19 contagion as the majority of studies were based on either international stock exchanges or combinations of varied nation’s stock markets. It was witnessed in the interpretation section that the number of studies is increasing at a fast pace as new variants of COVID-19 are emerging over time. Significant contribution has been done in enhancing the literature on COVID-19 and the stock market by China and the USA. The maximum contribution in this domain has been done in the form of articles in the present literature. Few studies were focusing on communities, so the present study will try to fill this research gap to some extent.
Research limitations/implications
This conceptual paper is demarcated by unsatisfactory analyses of writings from multi-discipline to get a comprehensive scope of notional understanding. Furthermore, there is a perchance that some other imperative phenomena or variables that prejudiced trading bustle have not been captured by present reviews of research papers. The influences of other macroeconomic variables should be explored to understand the concrete results of this pandemic.
Practical implications
Most of the studies were based on foreign stock exchanges, so there is an opportunity to explore the Indian stock market concerning the implications of the coronavirus pandemic. In the literature, it was examined that short-term studies have been undertaken, which cannot determine the long-term implications of COVID-19. Over time, besides COVID-19, various other factors have started impacting the stock market, so it has become difficult to examine the influence of COVID-19 on the stock market in isolation.
Social implications
The study will be helpful for future learnings in the arena of the stock market as it provides vast exposure to the present literature related to the impact of COVID-19 on economic markets. On the other hand, investors will also become aware of factors that are resultant of COVID-19 and will take the right decisions to save their investments in light of pandemic implications. The extensive review of studies will also help enterprising communities to take judicial steps to remain active in the period of economic slowdown.
Originality/value
The paper provides significant implications to the investors in the stock market, and it will provide useful insight to improve their returns on their portfolios. The learning from the study will help investors to take fruitful decisions considering the uncertainty during the pandemic period. The inferences drawn from rich existing literature will be guiding enterprises to take timely actions to avoid the situation of loss in the market and adapt new models to ensure continuity of business operations. Different markets had reacted differently, so investors need to be cautious before taking trading decisions.
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Wafa Hammedi, Joy Parkinson and Lia Patrício
The purpose of this paper is to explore the challenges, interplay and potential directions for future service research to address the first three Sustainable Development Goals…
Abstract
Purpose
The purpose of this paper is to explore the challenges, interplay and potential directions for future service research to address the first three Sustainable Development Goals (SDGs) of no poverty, zero hunger and good health and well-being.
Design/methodology/approach
This commentary examines how service research has addressed these SDGs in the literature, and through the development of a theory of change, the authors propose an agenda for service research going beyond serving, to enabling and transforming service systems, expanding the current focus on individual to community and population well-being through promotion and prevention.
Findings
Service research has increasingly advocated human-centered approaches but requires a shift towards an all of humanity perspective. Individual and collective well-being have gained attention in service research, emphasizing the importance of considering collective well-being.
Research limitations/implications
The commentary underscores the need for a comprehensive approach to develop services that contribute to the well-being of the human species. It calls for research that transcends dyadic interactions, considers systemic dynamics and broadens the focus from individual to collective and population well-being.
Social implications
This paper discusses important societal issues of poverty, hunger and good health and well-being and the need for integrated and ecosystem approaches to develop equitable and sustainable solutions for collective well-being.
Originality/value
While SDGs 1, 2 and 3 address individual goals, they collectively underpin the well-being of communities and societies.
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Sarath Lal Ukwatte Jalathge, Hang Tran, Lalitha Ukwatte, Tesfaye Lemma and Grant Samkin
This study aims to investigate disclosure of asbestos-related liabilities in corporate accounts and counter-accounts to examine whether and how accounting contributes to corporate…
Abstract
Purpose
This study aims to investigate disclosure of asbestos-related liabilities in corporate accounts and counter-accounts to examine whether and how accounting contributes to corporate accountability for asbestos-contaminated products.
Design/methodology/approach
This study uses the Goffmanesque perspective on impression management to examine instances of concealed asbestos-related liabilities in corporate accounts vis-à-vis the revealing of such liabilities in counter-accounts.
Findings
The findings show counter-accounts provide significant information on liabilities originating from the exposure of employees and consumers to asbestos. By contrast, the malleability of accounting tools enables companies to eschew accounting disclosures. While the frontstage positive performance of companies served an impression management role, their backstage concealing actions enabled companies to cover up asbestos-related liabilities. These companies used three categories of mechanisms to avoid disclosure of asbestos-related liabilities: concealing via a “cloak of competence”, impression management via epistemic work and a silent strategy of concealment frontstage with strategic reorganisation backstage.
Practical implications
This study has policy relevance as regulators need to consider the limits of corporate disclosures as an accountability tool. The findings may also initiate academic and practitioner conversations about accounting standards for long-term liabilities.
Originality/value
This study highlights the strategies companies use both frontstage and backstage to avoid disclosing asbestos-related liabilities. Through analysis of accounts and counter-accounts, this study identifies the limits of accounting as an accountability tool regarding asbestos-induced diseases and deaths.
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Liyana Eliza Glenn and Glenn Hardaker
This paper will identify and further explore the ideals versus realities of learning poverty and the consequential effects on our moral obligations and responsibilities. The…
Abstract
Purpose
This paper will identify and further explore the ideals versus realities of learning poverty and the consequential effects on our moral obligations and responsibilities. The wealthy nations are now under further pressure to recognise and realise their moral obligations to enabling social justice in the context of access, and distribution, of vaccines for the poorer nations. Learning poverty has always been a feature of our global economic, and institutional order, and has become an increasingly important factor in achieving justice.
Design/methodology/approach
The study focusses on a human rights approach to learning poverty and the ideals versus the realities of what we are beginning to see in the times of a global pandemic. The major challenges to justice is inherent to the recognition that wealthy nations continue to have a pivotal role in the reduction of poverty. The identified major challenges in the context of learning poverty are: “nation states and the global pandemic”, “international interactions and learning poverty” and “global institutions and learning inequalities”. In particular, the authors explore the concept of ideals versus realities through three “challenges”, which continues to challenge any semblance of justice in the current global vaccine distribution. Nation states and borders, international interactions and global institutions remain barriers in overcoming what is becoming a reality of learning poverty.
Findings
This paper seeks to look beyond the economics of vaccine trade and seek a way to accept a moral claim of justice for all. The authors consider how wealthy nations are active participants in the emergence of learning poverty for many nations.
Originality/value
By exploring the ideals versus realities of learning poverty, and human rights, the authors highlight some of the challenges, and wealthy nations moral obligations, through the emergence of a new dimensional indicator of poverty, learning poverty.
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Lalitha Ukwatte, Tehmina Khan, Pavithra Siriwardhane and Sarath Lal Ukwatte Jalathge
The purpose of this paper is to explore issues relating to imposing a ban on the importation of asbestos-contaminated building materials (ACBMs) in the Australian context to…
Abstract
Purpose
The purpose of this paper is to explore issues relating to imposing a ban on the importation of asbestos-contaminated building materials (ACBMs) in the Australian context to better understand the multiple accountabilities and consequences.
Design/methodology/approach
This study undertakes a qualitative content analysis of the multiple accountabilities and stakeholder expectations using the lens of actor–network theory. This study further explores the weaknesses and complexities associated with implementing a complete ban on asbestos, ensuring that only asbestos-free building materials are imported to Australia. This study uses data collected from 15 semi-structured interviews with stakeholders, responses from the Australian Border Force to a questionnaire and 215 counter accounts from the media, the Australian Government, industry organizations, non-governmental organizations and social group websites during the period from 2003 to 2021.
Findings
This study reveals that stakeholders' expectations of zero tolerance for asbestos have not been met. This assertion has been backed by evidence of asbestos contamination in imported building materials throughout recent years. Stakeholders say that the complete prevention of the importation of ACBMs has been delayed because of issues in policy implementations, opaque supply chain activities, lack of transparency and non-adherence to mandatory and self-regulated guidelines.
Practical implications
Stakeholders expect public and private sector organizations to meet their accountabilities through mandatory adoption of the given policy framework.
Originality/value
This research provides a road map to identify the multiple accountabilities, their related weaknesses and the lack of implementation of the necessary protocol, which prevents a critical aspect of legislation from being effectively implemented.
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This paper aims to evaluate the progress made in achieving sustainable development goal-2 (SDG 2) in India, with a focus on ending hunger, ensuring food security, improving…
Abstract
Purpose
This paper aims to evaluate the progress made in achieving sustainable development goal-2 (SDG 2) in India, with a focus on ending hunger, ensuring food security, improving nutrition and promoting sustainable agriculture. The assessment uses data from SDG Index reports, which offer a comprehensive overview of the advancements made by 28 states and 8 union territories (UTs) in India.
Design/methodology/approach
The evaluation is based on information derived from three editions of the SDG Index reports, initially published in 2018 and subsequently in 2019 and 2020. These reports provide a detailed analysis of the status and achievements of different states and UTs in relation to SDG 2. The categorization of states and UTs into aspirant, performer, front runner and achiever categories serves as a crucial framework for assessing the progress.
Findings
Despite concerted efforts by India, the majority of states and UTs are positioned in the aspirant and performer categories, suggesting that significant challenges persist in achieving SDG 2 targets. The results emphasize the necessity for stronger measures to elevate states and UTs to the categories of front-runners and achievers. The persistent challenges of malnutrition, hunger and their economic ramifications require immediate and strategic interventions to address these pressing concerns.
Originality/value
This paper contributes to the existing literature by providing a comprehensive analysis of the progress towards SDG 2 in India, using the insights from the SDG Index reports. The categorization framework used in this assessment offers a nuanced understanding of the challenges faced by different regions, highlighting the original contribution of this study. The findings underscore the urgency of targeted efforts to address malnutrition, hunger and related issues, emphasizing the importance of sustained commitment to achieving SDG 2 for the overall well-being of vulnerable populations.
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