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States have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act 1996 leads to payment obligations stated either as a contract administrator’s certificate (or equivalent) or an adjudicator’s decision. The purpose of the intervention would be defeated unless there are speedy ways of transforming these pieces of paper into real money. The combination of the legislation, contractual provisions and insolvency law has produced a minefield of complexity concerning enforcement of payment obligations stated in these documents. Unfortunately, the knowledge and understanding required to navigate these complexities have been sorely lacking. The purpose of this paper is to plug this gap.

Legal research methods and case study approaches, using relevant court decisions as data, were adopted.

The enforcement method advised by the court is the summary judgment procedure provided under the Civil Procedure Rules. An overdue payment obligation, either under the terms of a construction contract or an adjudicator’s decision, amounts to a debt that can be the subject of insolvency proceedings. Although the insolvency enforcement method has been successfully used on some occasions, using it purely as a debt collection weapon would be inappropriate and likely to be punished by the court.

The paper contributes to knowledge in two ways: (i) it maps out the factual situations in which these payment challenges arise in language accessible to the construction industry’s professions; and (ii) comparative analysis of payment enforcement methods to aid decision-making by parties to construction industry contracts. It is relevant to the other common-law jurisdictions in which similar statutory interventions have been made.

This paper aims to unravel the puzzle that the United Kingdom’s high-quality government accounting and fiscal architecture is associated with low-quality outcomes, including poor productivity growth, high public debt, public services which do not meet citizen expectations and historically high levels of taxation. It contributes to public sector accounting research in the fields of fiscal transparency and governance.

This paper uses Miller and Power’s (2013) economization framework and Dunsire’s (1990) concept of collibration to explain why being a global leader in public sector accounting reform and in fiscal and monetary architecture has not protected the UK from weak governance. The intersection of economization’s roles of accounting with modes of government accounting clarifies the puzzle.

Whereas accruals government accounting contributes to fiscal transparency, this is not a sufficient condition for well-judged policy and its effective application. Collibration is the dominant mechanism for mediation in the fiscally centralized UK, but it has failed to deliver stable outcomes, in part because Parliament is limited in its ability to hold back inappropriate behaviour by the Executive. Subjectivization has disrupted adjudication because governments at all levels resist constraints on their behaviour, with unpredictable and often damaging consequences.

This paper provides insights through the combined lens of economization and modes of government accounting, demonstrating the practical value of this conceptualization. Although some causes for unsatisfactory outcomes are specific to the UK, there are cautions for accounting and fiscal reformers in other countries, such as Member States of the European Union.

Studies showed that stakeholders want the construction sector’s organisations to be more accountable and transparent regarding social and environmental issues through corporate social responsibility (CSR). There is a paucity of literature regarding CSR implementation in the construction sector, especially in developing countries like South Africa. Hence, the study evaluated CSR’s merits and hindrances and suggested solutions to enhance its implementation in the South African construction sector of Mpumalanga Province.

The researchers employed a questionnaire survey method to collect data from 68 useable respondents in the South African construction sector of Mpumalanga Province. The main section of the questionnaire was divided into three parts, each addressing an objective mean item score ranking technique.

Findings show management lacks willingness, absence of recognition for implementing CSR at tender adjudication, professionals regard CSR as a “soft issue,” inadequate ability to carry out CSR initiatives and lax CSR knowledge emerged as the key issues hindering construction stakeholders, especially construction companies, from participating in CSR in South Africa. The research suggests initiatives to enhance CSR in the construction industry.

The study shows that the findings can be used to improve the implementation of CSR engagement and possibly enhance a policy to stimulate friendly CSR in the South African construction sector.

Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications.

This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms.

This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”.

This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement.

This study aims to examine the extent to which traditional juristic approaches to determining intention in Islamic law are altered in the institutional framework and standard-setting project of the Malaysian state.

The study used the transnational law theory, which views normativity as culturally, socially and religiously embedded. The development of norms, customs and laws is also contingent on self-maximizing behavior. The Sharīʿa Advisory Council’s interpretation of the bayʿ al-ʿīnah standard is a case study of this approach to the development of law.

This study shows that traditional approaches to determining the validity of an Islamic contract have been displaced by the institutional logic of the state, which prioritizes uniformity and certainty in law and reflects liberal, Western and capitalistic values. Islamic standard setting is part of the state’s objective to uniformize law due to the globalization of financial markets. The normative collisions in the standard-setting project produce a new jurisprudence based on the state’s uniform and purposive determination of a contract’s validity.

Further research on institutional frameworks is needed to conceptualize how Islamic commercial principles and ethics can be incentivized in the state’s legal systems.

Few works, if any, have examined the interaction of the state’s institutional environment with jurists’ traditional approaches to determining contractual intention. Most scholarship assumes the decisive role of market forces, but the role of law and institutions in this context is under-researched.

The purpose of this study is to investigate the extent to which TQM has influenced the legal system in Australia, an area seldom investigated in the quality or legal literature.

Documentary and policy analysis of legislation, rules and rulemaking documentation based on a partial application of historical-policy analysis (HPA). Textual analysis was based on Dean and Bowen's (1994) definition of TQM and Vinni's (2007) review of new public management and Swiss (1992) “reformed TQM” concepts.

Australia's Tertiary Education Quality and Standards Agency Act of 2011 and supporting legal documents such as Guidance Notes include language reflective of TQM principles, providing evidence that present-day administrative law schemes include TQM practices and tools to undergird procedures of regulatory expectations (sometimes in the form of standards), monitoring and general operations. Oftentimes, it is the supporting legal documentation where TQM practices are found and operationalized.

This is a proof-of-concept research study to determine the feasibility to identify TQM concepts within the existing language of legal statutes and supporting regulatory documentation. As such this study worked out the preliminary research challenges in performing this type of analysis.

Understanding TQM's impact on legal systems expands the system's perspective of organizations that do not always factor in the influence government policy has on organizational behaviours and outlooks. More specifically, understanding TQM's influence sheds insight on regulatory requirements imposed on a sector and the normative aspects of regulatory compliance that impact the operations and strategic planning of organizations.

The article provides an example of how legal administrative rulemaking influences organizational operational and strategic activities to remain viable in the organization's business or industrial sector.

There are few research papers or literature reviews pertaining to the subject of TQM concepts embedded in laws and regulations, most of which date from the 1980s through early 2000s.

The patent thickets exacerbate patent infringement, especially in patent-intensive industries. Damages are a crucial remedy for patent infringement, upholding innovation incentives in the patent system. This paper aims to examine the impact of damages on the subsequent innovation performance of plaintiff and defendant firms and the moderating role of patent-intensive industries in these effects.

Based on data from 1,062 Chinese firms involved in patent infringement litigation, this paper uses Poisson panel regression models to examine the dynamic impact of damages on incremental and breakthrough innovation performance for plaintiff and defendant firms and further validates the moderating role of patent-intensive industries on the impacts. Additionally, this paper conducts heterogeneity analysis by categorizing the sample into micro and small enterprises (MSEs) and medium and large enterprises (MLEs).

This paper shows that MLE plaintiffs skew toward incremental rather than breakthrough innovations after awarding damages, whereas MSEs transiently engage in high-level innovation activities. (2) Plaintiffs with higher payout ratios are more inclined toward undertaking breakthrough innovations. (3) Awarded damages significantly inhibit the innovative output of defendants at varying levels of innovation. (4) Plaintiff firms in patent-intensive industries show more innovation after awarding damages than those in other sectors, but damages do not effectively encourage MSEs to innovate. Defendants in patent-intensive industries are also more reluctant to innovate after damages.

This paper empirically investigates the relationship between patent damages and firms' subsequent innovation performance in terms of litigation status, organizational scale and level of technological innovation. Besides, this paper reveals the differences in the impact of patent protection on firms' innovation in patent-intensive industries versus other industries.

This chapter provides a brief overview of the history of the laws of war up to the mid-1800s CE. It discusses the interconnection between social and historical forces, armies, and the laws that govern them.

The purpose of the study is to explore the integration of facets of information technology (IT) governance at a professional council in South Africa with the view to develop a framework.

This critical emancipatory study used the Information Governance Initiative pinwheel to explore the architecture facet of information governance at the professional council, with a view to developing a framework for entrenching a culture of good corporate governance. Qualitative data was collected through interviews and document analysis. The study was a participatory action research project that involved collaboration between the researcher and study participants in defining and solving the problem through a needs assessment exercise.

The key findings report on the processes taken by a professional council in identifying and implementing the facets of information governance, that is, records management, IT, content management, data governance, information security, data privacy, risk management, regulatory compliance, long-term digital preservation and, even, business intelligence.

The study was a participatory action research project that involved collaboration between the researcher and study participants in defining and solving the problem through a needs assessment exercise.

The study’s findings suggest that, with the right information governance policy in place, adopting the facets of information governance can be used to address concerns related to information integrity in the short and medium terms. As a long-term option for retaining data and information, it would have various drawbacks and would not, however, ensure the initial dependability of the information.

A framework for information governance to ensure that the professional organisation and board members adopt a tailored governance system is suggested.

The phenomenon of delayed payment to contractors, particularly in the construction industry, is a vital one and has implications for the health of economies of both developing and developed countries. However, the knowledge of this phenomenon seems patchy and scattered. This paper aims to provide a comprehensive overview of the knowledge on the subject matter with directions for future research.

A systematic literature review coupled with a scientometric analysis was used to identify the main strands of delayed payment to contractor research as a basis for qualitative analysis and directions for future investigations.

Current trends of delayed payment to contractor research are categorised into five broad themes, namely: causes, effects, mitigation measures, ethical and law and regulatory issues. On the basis of these themes, directions for future research are proffered.

To the best of the authors knowledge, this is the first attempt at providing a comprehensive and an integrated knowledge on delayed payment to contractor research with pointers for further investigation and policy directions.