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Article
Publication date: 9 February 2015

Alexander Stöhr

Financial crises pose a challenge to the legal systems of the concerned countries and international organizations. The current crisis has exposed significant failures of…

Abstract

Purpose

Financial crises pose a challenge to the legal systems of the concerned countries and international organizations. The current crisis has exposed significant failures of regulation and supervision, making the Financial Market Law a key topic on the political agenda. Thus, great changes and challenges are ahead of us. These were the focus of an interdisciplinary and comparative conference held at the University of Marburg. The paper deals with the individual presentations and carries out an overall analysis.

Design/methodology/approach

The paper covers the most important issues in financial regulation.

Findings

An extensive regulation is confronted with several obstacles; suitable approach could be the co-regulation; desirable aim is the instauration of the mechanism of capital markets. Those who gain the benefits in case of success should also bear the losses in case of failure instead of being rescued at taxpayers’ expense.

Originality/value

The difficulties arising from extensive regulation suggest a more liberal approach to financial regulation.

Details

Journal of Financial Regulation and Compliance, vol. 23 no. 1
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 28 January 2020

Ehi Eric Esoimeme

This paper aims to critically examine the modern slavery statements of Anglo American Plc. and Marks and Spencer Group Plc. to determine the level of effectiveness of the risk…

1360

Abstract

Purpose

This paper aims to critically examine the modern slavery statements of Anglo American Plc. and Marks and Spencer Group Plc. to determine the level of effectiveness of the risk assessment and risk mitigation measures of both companies and provide recommendations on how the risk assessment and risk mitigation measures of both companies could be strengthened.

Design/methodology/approach

The analysis took the form of a desk study, which analysed various documents and reports such as the UK Modern Slavery Act 2015, the UK Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015, the UK Guidance issued under Section 54(9) of the Modern Slavery Act 2015, the 2018 Global Slavery Index, funded by Forrest’s Walk Free Foundation, the Anglo American Plc. Modern Slavery Statement of 2017/18, the Marks and Spencer Modern Slavery Statement of 2017/18, the Financial Action Task Force Guidance on the Risk Based Approach to Combating Money Laundering and Terrorist Financing (High Level Principles and Procedures) 2007, the Financial Action Task Force International Standards On Combating Money Laundering and the Financing of Terrorism and Proliferation (The FATF Recommendations) 2012, the Australia Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (as amended), the Financial Transactions and Reports Analysis Centre of Canada Guidance on the risk-based approach to combatting money laundering and terrorist financing 2017 and the Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of Terrorism in Banks and Other Financial Institutions in Nigeria) Regulations, 2013.

Findings

This paper determined that the standard due diligence measures and the enhanced due diligence measures of Anglo American Plc. are not effective enough to identify/assess the risk(s) of modern slavery in the supply chains reason being that Anglo American Plc. does not use diverse methods/methodologies for her due diligence programme. This paper, however, determined that the standard due diligence measures and the enhanced due diligence measures of Marks and Spencer Group Plc. are effective enough to identify/assess the risk(s) of modern slavery in the supply chains because Marks and Spencer adopts diverse methods/methodologies for her due diligence programme. This paper also determined that both Anglo American Plc. and Marks and Spencer Group Plc. adopt diverse methods for the monitoring of their corrective action plans which are designed to mitigate the modern slavery risk(s) associated with high-risk suppliers. For example, Anglo American Plc. monitors anti-modern slavery compliance with the use of both internal Anglo American teams and third-party auditors to ensure that the identified issues are adequately addressed.

Research limitations/implications

This paper focuses on Section 54 of the UK Modern Slavery Act 2015 and the Modern Slavery Statements of Anglo American Plc. and Marks and Spencer Group Plc for the year 2017/18.

Originality/value

Several articles have been published on this topic. Among them, is an article by Stefan Gold, Alexander Trautrims and Zoe Trodd titled “Modern slavery challenges to supply chain management”, Supply Chain Management: An International Journal, Vol. 20 Issue: 5, pp.485-494 and an article by Stephen John New titled “Modern slavery and the supply chain: the limits of corporate social responsibility?”, Supply Chain Management: An International Journal, Vol. 20 Issue: 6, pp.697-707. The article by Stefan Gold, Alexander Trautrims and Zoe Trodd drew attention to the challenges modern slavery poses to supply chain management. Although the article briefly talked about the risk-based approach to monitoring supply chains for slavery, it did not discuss about the due diligence measures that UK firms are required to apply during risk identification and risk assessment, and the risk mitigation measures that will address the risk(s) that have been identified. The article by Stephen John New examines legal attempts to encourage supply chain transparency and the use of corporate social responsibility methods. Though the article mentions the UK Modern Slavery Act 2015, more attention was paid to the California Transparency in Supply Chains Act [S.B. 657], State of California, 2010), enacted in 2011 and in effect from 2012. The article analysed the California Act without critically discussing the risk assessment procedures for UK companies. In addition to discussing the different stages of the risk assessment/risk management process, this paper will examine the modern slavery statements of Anglo American Plc. and Marks and Spencer Group Plc. This paper will provide recommendations on how the risk assessment/risk mitigation measures of both companies could be strengthened. This is the only paper to adopt this kind of approach. The analysis/recommendations in this paper will help UK companies to design effective due diligence procedures for their supply chain.

Details

Journal of Financial Crime, vol. 27 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 23 October 2017

Shahzad Uddin, Kelum Jayasinghe and Shaila Ahmed

The purpose of this paper is to provide an account of banking scandals in relation to corporate governance (CG) failures in an emerging economy, arguing that Anglo-American ideas…

Abstract

Purpose

The purpose of this paper is to provide an account of banking scandals in relation to corporate governance (CG) failures in an emerging economy, arguing that Anglo-American ideas of CG are misplaced in traditional settings.

Design/methodology/approach

Semi-structured interviews were conducted with key stakeholders. Observations of annual general meetings (AGMs) and the personal working experience of one of the researchers, along with documentation, provided triangulating data on CG practices.

Findings

The authors have found that both of the banks studied had adopted CG practices contrary to the expectations of the Sri Lankan CG codes. Key features of CG practices that emerged from their investigations of these two scandals are ineffectual central bank regulations, familial boards of directors, ceremonial board meetings, biased auditing practices and manipulative AGMs, relying on traditional structures of accountability centred around families, kin and social networks.

Research limitations/implications

The authors argue, drawing on Weber (1958, 1961, 1968, 1978), that the traditionalist culture mediates the process of rationality in bank governance codes and regulatory frameworks Therefore, practices fall far short of expectations.

Originality/value

The paper builds on the extended critique of shareholder-centric CG models and their transferability to alien contexts. It contributes to the CG studies calling for more appreciation of the need to move beyond the conventional view of CG problems as simply down to conflicts of interests. The authors complement and advance the decoupling debate in CG studies drawing on the Weberian notion of traditionalism.

Details

critical perspectives on international business, vol. 13 no. 4
Type: Research Article
ISSN: 1742-2043

Keywords

Article
Publication date: 6 March 2019

Geofry Areneke, Fatima Yusuf and Danson Kimani

Albeit the growing academic research on emerging economies corporate governance (CG) environments within accounting and finance literature, there exists a dearth of cross-country…

Abstract

Purpose

Albeit the growing academic research on emerging economies corporate governance (CG) environments within accounting and finance literature, there exists a dearth of cross-country studies using a qualitative approach to understand practitioners’ behaviour vis-a-vis diffusion of international CG practices in emerging economies. This study aims to fill this oversight through a comparative analysis of the divergence and convergence of CG systems operational in three emerging economies (Cameroon, Kenya and Pakistan) while highlighting different institutional and contextual impacts on behaviour of governance actors. The paper uses an interface between critical realism and new institutional economics theory to explore the implementation and execution of CG in Cameroon, Kenya and Pakistan.

Design/methodology/approach

The study analysed 24 in-depth semi-structured interviews and conducted with key governance practitioners across the three countries.

Findings

The findings show that CG implementation processes in Cameroon, Kenya and Pakistan are nascent and driven by international forces rather than local initiatives. CG lacks institutional identity across the three countries as regulatory coercion acts as a key driver for CG adoption and practitioner accounts are mixed regarding the impact of CG on firm performance.

Practical implications

The paper evidences that the lack of governance identify, compliance and slow implementation process of governance regulations and its impact on firm performance in emerging economies is caused by the fact that local institutional characteristics prevalent in these economies may not be suitable for a “copy and paste” of Western form of governance regulations. Furthermore, governance actors do not see the relevance of recommended CG practices except as a regulatory burden.

Originality/value

The paper contributes to close the lacuna in the seemingly little qualitative comparative study that has examined practitioner’s perception vis-à-vis the diffusion of international governance practices in emerging economies. Specifically, it uncovers how different institutional and contextual factors impact on the behaviour of governance actors and how their behaviours may constrain adoption, implementation and compliance with recommended governance practices.

Article
Publication date: 22 February 2008

Bernardo Bátiz‐Lazo, Kristine Müller and Robert R. Locke

The purpose of this paper is to look at the past development and potential of the Rhenish capitalist governance “model”. The origins and nature of the model are to be discussed…

Abstract

Purpose

The purpose of this paper is to look at the past development and potential of the Rhenish capitalist governance “model”. The origins and nature of the model are to be discussed. The aim is to focus on its specific role within the transformation processes of Central‐Eastern European economies. East‐Central Europe is where, it is contended, Rhineland capitalism's future will be decided.

Design/methodology/approach

Using a survey questionnaire, customers' perceptions of bank governance and practice in the Polish‐German city of Zgorzelec‐Görlitz are explored. The experience of Dresdner Bank is stressed and the fact that the local people not long before lived under a Socialist regime. A control group in London is used to ascertain the presence of German management traditions as opposed to Anglo‐American approaches to management in the context of retail bank markets. In total there were 210 participants in the survey (all equally divided between the three cities).

Findings

German and Polish respondents mostly rejected co‐determination and favored top‐down management. Germans seem to make trust and loyalty a major factor in their retail banking decisions while Polish seemed more open to American style marketing. The findings support the hypothesis about the long‐term viability of Rhinish capitalism.

Originality/value

The paper ascertains that the presence of German management traditions as opposed to Anglo‐American approaches to management in the context of retail bank markets in a border region is dominant.

Details

International Journal of Bank Marketing, vol. 26 no. 2
Type: Research Article
ISSN: 0265-2323

Keywords

Article
Publication date: 5 March 2020

Noriyuki Tsunogaya and Chris Patel

The paper extends the literature by examining the impact of politics, conflicts and compromises resulting from external pressures (gaiatsu, 外圧) and internal pressures (naiatsu

Abstract

Purpose

The paper extends the literature by examining the impact of politics, conflicts and compromises resulting from external pressures (gaiatsu, 外圧) and internal pressures (naiatsu, 内圧) on the convergence and globalization of accounting and accountability in Japan.

Design/methodology/approach

Using Japan as a case study, it is examined how and why the stimulus for significant accounting reforms arises, how the government manages and reacts to the powerful forces of gaiatsu and how it balances naiatsu among key stakeholders.

Findings

The ongoing changes in accounting regulations in Japan are neither the result of an unmediated response to gaiatsu nor the outcome of naiatsu. Rather, Japanese accounting changes are the consequence of complex external interactions and internal compromises. Specifically, Japan demonstrates a repetitive pattern of conflict management, which alters the domestic power balance based on naiatsu, and forces the Japanese government to make compromises to policy changes initiated by gaiatsu.

Research limitations/implications

The findings have implications for the development of accounting and accountability, the globalized business world and international accounting research because they challenge claims made by global standards setters that international standards such as International Financial Reporting Standards are superior, are built on so-called “best practices” and are relevant to all countries.

Originality/value

Invoking the concepts of gaiatsu and naiatsu is a critical approach to understanding Japan's convergence toward economic liberalism and Anglo-American models of accounting and accountability.

Details

Accounting, Auditing & Accountability Journal, vol. 33 no. 4
Type: Research Article
ISSN: 0951-3574

Keywords

Article
Publication date: 19 September 2008

Shahzad Uddin and Jamal Choudhury

The purpose of this paper is to provide an account of corporate governance practices in Bangladesh. This paper demonstrates that the traditionalist culture mediates the…

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Abstract

Purpose

The purpose of this paper is to provide an account of corporate governance practices in Bangladesh. This paper demonstrates that the traditionalist culture mediates the rationalist/legalist framework of corporate governance in Bangladesh.

Design/methodology/approach

A series of semi‐structured interviews were conducted. Observations and the personal working experience of one of the researchers, along with documentation, provided rich sources of information for the paper.

Findings

The findings show that families have a dominant presence in all aspects of corporate governance. Boards of directors in companies play a significant part in serving the interests of families rather than those of general shareholders.

Research limitations/implications

This study focuses on corporate governance practices in a traditional setting and shows how traditional culture and values are in conflict with the rational ideas imported from a different setting.

Originality/value

The paper adds to the literature on corporate governance, especially in the context of less‐developed countries. It will be of great value to researchers and practitioners seeking to gain a better understanding of corporate governance frameworks in various settings.

Details

Accounting, Auditing & Accountability Journal, vol. 21 no. 7
Type: Research Article
ISSN: 0951-3574

Keywords

Article
Publication date: 11 November 2009

Manzur Rahman

While there has been some convergence in corporate governance codes and securities regulations across the European Union (EU), the remaining areas of divergence are the most…

Abstract

While there has been some convergence in corporate governance codes and securities regulations across the European Union (EU), the remaining areas of divergence are the most contentious as they reflect differences in fundamental societal norms and values. I propose that using the multinational corporation as the referent unit of analysis yields a means for making a qualitative distinction between the two regimes. I suggest that at least for firms with EU‐wide scope, certain critical elements of the German model may be more appropriate, as the neoclassical justifications of the Anglo‐American model are less reliable in such a setting.

Details

Multinational Business Review, vol. 17 no. 4
Type: Research Article
ISSN: 1525-383X

Keywords

Article
Publication date: 13 February 2023

Zubair Ahmad and Zeeshan Mahmood

This study seeks to deepen the understanding of the political process underlying the establishment and evolution of corporate governance (CG) regulations in a developing country.

Abstract

Purpose

This study seeks to deepen the understanding of the political process underlying the establishment and evolution of corporate governance (CG) regulations in a developing country.

Design/methodology/approach

Drawing on regulatory space concept (Hancher and Moran, 1989) and Oliver's (1991) typology of strategic responses, the authors identify which actor participated in and benefitted from the establishment of a new transnational CG regulation in Pakistan. Data were collected through interviews and from the published secondary sources.

Findings

The findings highlighted regulations are being influenced and shaped up by the political process of negotiation, bargaining, manipulation and domination between powerful and resourceful actors in a given regulatory space. National regulators and regulatees can be indeed fervent opponents to the transnational regulations when it comes to protecting their well-rooted national interests.

Originality/value

This study contributes to the accounting literature by illustrating political processes through which internationally recognised CG practices are resisted, negotiated and implemented in the developing countries. The regulator must pay attention that the outcome of the regulatory change process is the result of carefully crafted and conscious strategies of actors in the regulatory space.

Details

Journal of Accounting in Emerging Economies, vol. 14 no. 1
Type: Research Article
ISSN: 2042-1168

Keywords

Article
Publication date: 11 January 2008

Bernardo Bátiz‐Lazo, Robert R. Locke and Kristine Müller

This paper aims to look at the past development and potential of the Rhenish capitalist governance “model”. The paper aims to discuss the origins and nature of the model. The main…

661

Abstract

Purpose

This paper aims to look at the past development and potential of the Rhenish capitalist governance “model”. The paper aims to discuss the origins and nature of the model. The main focus is on the model's in crisis and its specific role within the transformation processes of Central‐Eastern European economies. East‐Central Europe is where, it is contended, Rhineland capitalism's future will be decided.

Design/methodology/approach

Drawing on archival research (including current writings) the paper draws out two salient features of the Rhenish capitalist model which would be relevant to explore bank customers perceptions of bank governance and practice in the Polish‐German city of Zgorzelec‐Görlitz. The experience of Dresdner Bank is stressed and the fact that the local people not long before lived under a Socialist regime.

Findings

The paper contends that the abandonment of the social harmony structured into the Rhineland model would be a great pity, since the 100 years of effort it took to create it would go down the drain.

Originality/value

The paper ascertains the presence of German management traditions as opposed to Anglo‐American approaches to management in the context of retail bank markets in a border region.

Details

Journal of Management History, vol. 14 no. 1
Type: Research Article
ISSN: 1751-1348

Keywords

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