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Article
Publication date: 21 May 2024

Rasha Kassem

The purpose of this study is to explore how the risk of management motives for fraud can be assessed in external audits.

Abstract

Purpose

The purpose of this study is to explore how the risk of management motives for fraud can be assessed in external audits.

Design/methodology/approach

Semi-structured interviews were conducted with 26 experienced external auditors to explore their perspectives on the methods they employ to assess the risk of management motives for fraud.

Findings

The study identifies six methods external auditors can use to assess management motives for fraud. It emphasises that assessing management motives requires auditors to go beyond understanding these motives and necessitates a sceptical and analytical mindset. Auditors need to identify the accounts most vulnerable to management manipulations, observe management attitudes and assess the credibility of management assertions. The auditors in this study highlight specific accounts frequently manipulated by management. Still, manual year-end journal entries are the most vulnerable to management manipulations as they are subject to fewer controls. They recommend increasing the sample size to 100% and assigning more experienced staff, particularly, those with qualifications in fraud examination or anti-fraud training, to audit these vulnerable accounts thoroughly. They also provided examples of how auditors can identify management motives for fraud, observe management attitudes and assess the credibility of management assertions.

Practical implications

Audit standards (e.g. ISA 240, SAS99) lack explicit guidance on assessing management motives for fraud, but auditors are required to consider it in fraud risk assessment. This study proposes guidance recommendations to improve auditors' ability to assess this risk, which could be integrated into professional audit standards and training materials to improve auditors' professional scepticism, ability to challenge management and skills in fraud risk assessment.

Originality/value

Assessing the risk of management motives for fraud in external audits has received limited attention in the literature. To the best of the authors’ knowledge, this study is the first to address this knowledge gap.

Details

Journal of Accounting Literature, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0737-4607

Keywords

Article
Publication date: 29 March 2024

Tareq Na'el Al-Tawil

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Abstract

Purpose

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Design/methodology/approach

The paper examines social perceptions and practical challenges related to the act of whistleblowing. It focuses on the effectiveness, limitations and implications of the current legal status of whistleblowing in the UAE.

Findings

The UAE does not have a unified legal framework that governs whistleblowing and whistleblower protections like in the case of the USA. Therefore, there is an urgent need for comprehensive federal regulations that will apply to all sectors across the entire UAE. Each emirate and economic zone can then model their whistleblowing regulations against the federal law to ensure consistency and uniformity in application. The UAE will also benefit from public awareness and education programs to address the conservative culture that discourages whistleblowing. Most importantly, corporate governance and culture are central to the success of existing laws considering the overreliance on organizations and employees.

Originality/value

The paper provides a robust and analytical discussion of the whistleblowing laws and regulations in the UAE to dissect current practices and implications for future practice.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 28 August 2024

Sai Ramani Garimella and Soumya Rajsingh

International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic…

Abstract

Purpose

International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic, political and social influence, often intertwining them with public interest issues and implications in human rights violations. This paper aims to explore the profound influence exerted by TNCs in today’s globalized world and its implications for human rights and social responsibility within the framework of international investment law. Particularly, it acknowledges the vulnerability of economically weak South Asian states and cites past instances such as the Bhopal gas tragedy in India and the Rana Plaza disaster in Bangladesh as egregious violations of human rights. Focusing on South Asian bilateral investment treaties (BITs), this paper aims to examine the scope of investors’ social accountability.

Design/methodology/approach

This research engages with doctrinal and analytical methods in traversing through primary and secondary sources. It would parse the arbitral tribunals’ jurisprudence for their discussion on the inclusion of social accountability obligations within international investment agreements (IIAs). Further, it engages in a quantitative analysis related to the nature of the social accountability-related obligation of the corporation within South Asian BITs.

Findings

The findings reveal a glaring absence of the law on investors’ social accountability and the need for enhanced regulatory mechanisms to address the escalating influence of TNCs on human and social rights. The absence of a robust legal framework, coupled with the asymmetric nature of international investment law, granting investors greater rights and leverage compared to states, exacerbates this challenge. The phenomenon of “regulatory chill” inhibits states from effectively enforcing regulatory measures aimed at protecting human rights and the environment. Furthermore, the broad interpretation of clauses such as “fair and equitable treatment” by investment tribunals often undermines states’ ability to implement measures in the public interest. While international organizations such as the UNCTAD and the UNCITRAL Working Group III are actively discussing reforms to IIAs, the existing guidelines addressing investors’ social accountability are woefully lacking in the content as well as the method of their integration with international human rights law. The findings underscore the imperative for South Asian nations, the subject of this research’s empirical analysis, to adopt a comprehensive approach involving both domestic law reforms to promote corporate social accountability and active pursuit of negotiations for the inclusion of binding social obligations for investors within IIAs.

Practical Implications

This research, drawing upon international law developments, offers suggestions for incorporation of social accountability provisions via relevant domestic law reform. The research could be viewed as a prelude for mapping the legal developments in the area of investors’ social accountability within investment agreements, as well as investment contracts, drawing guidance from international law instruments.

Originality/Value

To the best of the authors’ knowledge, no other study analysed the scope of investors’ social accountability in South Asian BITs.

Details

Journal of International Trade Law and Policy, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1477-0024

Keywords

Abstract

Details

Intelligence and State Surveillance in Modern Societies
Type: Book
ISBN: 978-1-83549-098-3

Article
Publication date: 2 April 2024

Farjam Eshraghian, Najmeh Hafezieh, Farveh Farivar and Sergio de Cesare

The applications of Artificial Intelligence (AI) in various areas of professional and knowledge work are growing. Emotions play an important role in how users incorporate a…

Abstract

Purpose

The applications of Artificial Intelligence (AI) in various areas of professional and knowledge work are growing. Emotions play an important role in how users incorporate a technology into their work practices. The current study draws on work in the areas of AI-powered technologies adaptation, emotions, and the future of work, to investigate how knowledge workers feel about adopting AI in their work.

Design/methodology/approach

We gathered 107,111 tweets about the new AI programmer, GitHub Copilot, launched by GitHub and analysed the data in three stages. First, after cleaning and filtering the data, we applied the topic modelling method to analyse 16,130 tweets posted by 10,301 software programmers to identify the emotions they expressed. Then, we analysed the outcome topics qualitatively to understand the stimulus characteristics driving those emotions. Finally, we analysed a sample of tweets to explore how emotional responses changed over time.

Findings

We found six categories of emotions among software programmers: challenge, achievement, loss, deterrence, scepticism, and apathy. In addition, we found these emotions were driven by four stimulus characteristics: AI development, AI functionality, identity work, and AI engagement. We also examined the change in emotions over time. The results indicate that negative emotions changed to more positive emotions once software programmers redirected their attention to the AI programmer's capabilities and functionalities, and related that to their identity work.

Practical implications

Overall, as organisations start adopting AI-powered technologies in their software development practices, our research offers practical guidance to managers by identifying factors that can change negative emotions to positive emotions.

Originality/value

Our study makes a timely contribution to the discussions on AI and the future of work through the lens of emotions. In contrast to nascent discussions on the role of AI in high-skilled jobs that show knowledge workers' general ambivalence towards AI, we find knowledge workers show more positive emotions over time and as they engage more with AI. In addition, this study unveils the role of professional identity in leading to more positive emotions towards AI, as knowledge workers view such technology as a means of expanding their identity rather than as a threat to it.

Details

Information Technology & People, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0959-3845

Keywords

Article
Publication date: 9 May 2023

A.J. George and Julie-Anne Tarr

To increase university–industry collaboration and research commercialisation, the Australian government recently introduced the Intellectual Property (IP) Framework, a set of…

Abstract

Purpose

To increase university–industry collaboration and research commercialisation, the Australian government recently introduced the Intellectual Property (IP) Framework, a set of online standard contracts. This follows a predecessor standard contract initiative, the IP Toolkit, which has not previously been evaluated. This paper aims to examine standard contracting in the innovation sector, tracing the policymaking behind the IP Toolkit using the lens of Macneil’s relational contract theory, to assess prospects of success for the new IP Framework, and similar initiatives in other jurisdictions.

Design/methodology/approach

This is a disciplined-configurative case study, drawing on qualitative secondary data analysis and applying Macneil’s relational contracting theory to guide case construction and generate hypotheses around likely success of standard contracting initiatives (stakeholder sentiment, stakeholder adoption). Within-case analysis process-traces development of the IP Toolkit, to discover what the policymakers wanted, knew and computed – and to detail observable implications Macneil’s theory predicts. Its themes are triangulated with multiple sources.

Findings

The case study, via Macneil’s theory, confirms the first hypothesis (resistant stakeholder sentiment) and partly validates the second hypothesis (low levels of adoption), demonstrating limited suitability of standard contracting in the dynamic and highly uncertain space of university–industry collaboration.

Research limitations/implications

The study provides insights into the limited role that standard contracts can play in improving national collaborative research and development performance.

Originality/value

This is a novel theory-driven case study triangulated with previously unpublished data on the IP Toolkit’s website usage, and data from recent consultations on the new IP Framework. It has broader implications for other jurisdictions considering adoption of the standard contract model.

Details

Journal of Science and Technology Policy Management, vol. 15 no. 5
Type: Research Article
ISSN: 2053-4620

Keywords

Article
Publication date: 10 July 2023

Yuzhen Long, Chunli Yang, Xiangchun Li, Weidong Lu, Qi Zhang and Jiaxing Gao

Coal is the basic energy and essential resource in China, which is crucial to the economic lifeline and energy security of the country. Coal mining has been ever exposed to…

Abstract

Purpose

Coal is the basic energy and essential resource in China, which is crucial to the economic lifeline and energy security of the country. Coal mining has been ever exposed to potential safety risks owing to the complex geologic environment. Effective safety supervision is a vital guarantee for safe production in coal mines. This paper aims to explore the impacts of the internet+ coal mine safety supervision (CMSS) mode that is being emerged in China.

Design/methodology/approach

In this study, the key factors influencing CMSS are identified by social network analysis. They are used to develop a multiple linear regression model of law enforcement frequency for conventional CMSS mode, which is then modified by an analytical hierarchy process to predict the law enforcement frequency of internet+ CMSS mode.

Findings

The regression model demonstrated high accuracy and reliability in predicting law enforcement frequency. Comparative analysis revealed that the law enforcement frequency in the internet+ mode was approximately 40% lower than the conventional mode. This reduction suggests a potential improvement in cost-efficiency, and the difference is expected to become even more significant with an increase in law enforcement frequency.

Originality/value

To the best of the authors’ knowledge, this is one of the few available pieces of research which explore the cost-efficiency of CMSS by forecasting law enforcement frequency. The study results provide a theoretical basis for promoting the internet+ CMSS mode to realize the healthy and sustainable development of the coal mining industry.

Details

International Journal of Energy Sector Management, vol. 18 no. 4
Type: Research Article
ISSN: 1750-6220

Keywords

Article
Publication date: 3 July 2020

Fernando F. Padró, Karen Trimmer, Heejin Chang and Jonathan H. Green

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.

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Research limitations/implications

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.

Practical implications

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.

Social implications

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.

Originality/value

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.

Details

The TQM Journal, vol. 36 no. 7
Type: Research Article
ISSN: 1754-2731

Keywords

Content available
Article
Publication date: 29 February 2024

Samiksha Mathur and Sonu Agarwal

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal…

Abstract

Purpose

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs.

Design/methodology/approach

The paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers.

Findings

The authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations.

Research limitations/implications

The most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run.

Originality/value

The paper fulfils an identified gap in the positioning of IOs under the international law.

Details

International Journal of Law and Management, vol. 66 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 3 October 2024

Annie J. Murphy

This study examines the construction of essential labour during the early months of the COVID-19 pandemic in the United States. Research questions include: (1) How have government…

Abstract

This study examines the construction of essential labour during the early months of the COVID-19 pandemic in the United States. Research questions include: (1) How have government policies shaped designations of essential versus non-essential labour? (2) What are the consequences of these designations for essential workers? To address these questions, the author employs a case study of custodial services employees at Prairie University, a large public university in a major Texas city (Prairietown). The author begins with an examination of federal, state, and municipal guidelines about COVID-19 safety and critical infrastructure in order to understand the policy landscape within which custodial employees at Prairie University were formally deemed essential. Drawing on theories of non-nurturant care work, the author shows how government guidelines for essential work released during the early period of the COVID-19 pandemic discursively invisibilized cleaning labourers. The author then demonstrates how this invisibilization contributed to Prairie University custodial services staff members’ exposure to COVID-19. The author concludes by considering the implications of the findings for future research on care work and the construction of essential labour.

Details

Essentiality of Work
Type: Book
ISBN: 978-1-83608-149-4

Keywords

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