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Article
Publication date: 30 October 2023

Badreddine Berrahlia

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This…

Abstract

Purpose

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.

Design/methodology/approach

This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.

Findings

The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.

Research limitations/implications

The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.

Originality/value

To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.

Details

Journal of International Trade Law and Policy, vol. 23 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 23 January 2024

Anas A. Al Bakri and Nazzal M. Kisswani

This study aims to provides the insights on the advantages and disadvantages of international franchising and licensing from the perspectives of legal and business considerations…

Abstract

Purpose

This study aims to provides the insights on the advantages and disadvantages of international franchising and licensing from the perspectives of legal and business considerations in the Gulf Cooperation Council (GCC).

Design/methodology/approach

Using a quantitative research approach, the authors conducted a survey with 150 business owners and franchisees in the GCC and analyzed the data using descriptive statistics, structural equation modeling and frequency analysis.

Findings

The findings reveal that while international franchising and licensing offer significant benefits for business expansion and revenue growth, they also pose risks related to legal compliance, cultural differences and intellectual property protection. Indeed, the results of this study provide valuable insights into the advantages and disadvantages of international franchising and licensing in the GCC from both legal and business perspectives.

Originality/value

There is limited research on the legal and business perspectives of international franchising and licensing in the GCC. This study contributes to the literature by providing a comprehensive analysis of the legal and business perspectives of international franchising and licensing in the GCC.

Details

International Journal of Law and Management, vol. 66 no. 3
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 16 February 2024

Ibrahim Mathker Saleh Alotaibi, Mohammad Omar Mohammad Alhejaili, Doaa Mohamed Ibrahim Badran and Mahmoud Abdelgawwad Abdelhady

This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which…

Abstract

Purpose

This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which to do business, the Saudi Government has enacted a broad sweep of measures aimed at restoring investor confidence in central aspects of the country’s evolving private law framework.

Design/methodology/approach

This paper offers a timely assessment of the raft of foreign investment reforms, both legislative and regulatory, that have been introduced in Saudi Arabia over the last decade.

Findings

The paper will proceed by outlining the perceived failings of the old investment regime before going on to reforms.

Originality/value

It will consider the remaining obstacles to the flow of foreign investment in Saudi Arabia in the context of the dual forces that have historically defined the Kingdom’s ambivalent investment law regime.

Details

International Journal of Law and Management, vol. 66 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Open Access
Article
Publication date: 12 February 2020

Sabah Ahmd Farag

This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration…

7122

Abstract

Purpose

This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.

Design/methodology/approach

The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.

Findings

Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.

Research limitations/implications

The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).

Originality/value

The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

Details

Review of Economics and Political Science, vol. 8 no. 6
Type: Research Article
ISSN: 2356-9980

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: 30 September 2022

Sefriani 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.

Details

International Journal of Human Rights in Healthcare, vol. 17 no. 2
Type: Research Article
ISSN: 2056-4902

Keywords

Book part
Publication date: 6 May 2024

Mohamed Chakib Kolsi, Ahmad Al-Hiyari and Khaled Hussainey

Corporate social responsibility (CSR) has gained great attention among regulators, stock market authorities, and firms' stakeholders for many decades. In this chapter, we first…

Abstract

Corporate social responsibility (CSR) has gained great attention among regulators, stock market authorities, and firms' stakeholders for many decades. In this chapter, we first review the main regulations, standards, and laws issued by UAE federal authorities namely the Company Commercial Law of 2015, the Abu Dhabi Stock Exchange (ADX) disclosure guidance of 2019, Abu Dhabi Sustainability Week, and UAE CSR platform. Second, we present a summary of the empirical research on CSR issues in UAE context, namely in the following four fields: (1) CSR determinants both at the micro and macro levels, (2) CSR measures in the three pillars (environmental, social, and governance), (3) the impact of CSR policy and practices on financial performance/market value, (4) and the role of some mediating/moderating variables such as leadership and board gender diversity. Results show greater compliance to CSR standards among different industries and institutions but heterogenous empirical findings in the four explored fields. While there is crucial alignment with both social and environmental standards as evidenced by numerous empirical studies, additional efforts should be deployed to highlight the governance pillar through firms' discretionary reporting. Our survey provides useful directives and outcomes as it portrays both legal aspects coupled with some empirical evidence of CSR issues in the UAE context. Our study helps corporations to comply with local standards on sustainability reporting and highlights the potential economic benefits and advantages for firms adopting CSR strategy. Furthermore, it can be considered as the cornerstone for regulatory bodies in the United Arab Emirates when issuing/enhancing new standards/rules on CSR practices.

Details

The Emerald Handbook of Ethical Finance and Corporate Social Responsibility
Type: Book
ISBN: 978-1-80455-406-7

Keywords

Open Access
Book part
Publication date: 14 December 2023

Abstract

Details

Family Firms and Family Constitution
Type: Book
ISBN: 978-1-83797-200-5

Article
Publication date: 15 March 2023

Romaine Ferdinands, S.M. Ferdous Azam and Ali Khatibi

This study aims to contribute to the understanding of the innovation environment of a developing nation through the Triple Helix model, revealing the existing inter-relationships…

Abstract

Purpose

This study aims to contribute to the understanding of the innovation environment of a developing nation through the Triple Helix model, revealing the existing inter-relationships between the three Helixes of Academia–Industry–Government. It sets out to find out the relationship and impact of the three Helixes on the most crucial stage of the innovation process: the commercialisation of patents, and to ascertain if there is a varying impact determined by patent ownership.

Design/methodology/approach

This cross-sectional study uses the survey method based on the views expressed by 220 Sri Lankan registered patent holders and categorised by organisational and individual ownership. The sample is drawn from the database of the National Intellectual Property Office of Sri Lanka and patents registered through the Patent Cooperation Treaty, extracted from the World Intellectual Property Organisation Patent Scope database. The survey was carried out in 2019 and limited to patents registered during the period 2010–2014.

Findings

The empirical findings indicate weak inter-relationship between Academia support, Industry support and patent commercial success, while the support of the Government Helix is non-significant in the commercial stage. The findings also indicate two different support standards existing in each Helix for the two ownership groups.

Research limitations/implications

The study is limited to a five-year window in a relatively early period in the country’s innovation policy development. The study model is also limited by the non-inclusion of mediators such as government-backed affiliated agencies and academia technical transfer offices which if incorporated would improve the study model and be more reflective of the actual environment and their role as change agents bridging the transition to a hybrid Triple Helix.

Practical implications

The study findings capture the inter-relationships of the Triple Helix existing in a developing country at the most crucial stage of the innovation process. It helps policymakers identify the gaps in each Helix that stands wanting and take measures to rectify them by creating a more favourable National Innovation System. An innovative environment that will facilitate patent holders achieve higher technological transfers and commercial success rates.

Social implications

The findings disclosure of two different support standards existing in each Helix for the two patent ownership groups poses a challenge for policymakers and challenges the core objective of increasing the commercial success of patents granted. The findings strengthen the need for a more robust support system to be put in place that would empower and facilitate the individual patent owner to increase the share of economic value arising from this underutilised patent group.

Originality/value

This study contributes by furthering the Triple Helix model in a social context and micro-setting by operationalising the theoretical practices. The study also gives insight into each Helix’s interaction and contribution during the most crucial stage of innovation management in a developing economy and its impact on the two categories of patent ownership which is scarce.

Details

Journal of Science and Technology Policy Management, vol. 15 no. 4
Type: Research Article
ISSN: 2053-4620

Keywords

Article
Publication date: 10 July 2023

Ana María Zorrilla Noriega and Marco Sánchez Arias

The paper enriches the understanding of the principal challenges faced in future lawyers' education in Mexico considering global trends, particularly from the perspective of…

Abstract

Purpose

The paper enriches the understanding of the principal challenges faced in future lawyers' education in Mexico considering global trends, particularly from the perspective of skills creation in diverse areas of legal practice.

Design/methodology/approach

The framework used draws on trends identified within an international collaborative research study in which both authors participated, titled “Developing a Blueprint for Global Legal Education”. This current paper stems from the premise that these recommendations can be further developed and better utilised if explored within a specific context. The methodology designed for this research consisted of two main components: a thorough analysis of the norms that regulate the education system and the professional practice in Mexico, and an extensive literature review that provided insights into the state of global trends in legal education.

Findings

This paper reveals that in Mexico having a well-designed and comprehensive legal framework is the first step to promote the creation of high-quality educational models.

Practical implications

The study analyses the current situation in Mexico within four global trends: (1) regulation of legal education and access to the profession; (2) building professional practice skills; (3) internationalisation of education and (4) incorporation of technology and responsible innovation.

Originality/value

The reflections are intended to promote better training of law students in the skills required to face the various challenges that the legal profession currently involves. This is under an approach that analyses global challenges and identifies the best practices to connect learning processes with in-demand professional skills.

Details

Higher Education, Skills and Work-Based Learning, vol. 13 no. 6
Type: Research Article
ISSN: 2042-3896

Keywords

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