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1 – 10 of 977The purpose of this paper is to scrutinise the effectiveness of four derivative exchanges’ enforcement efforts since 2007. These exchanges include the Commodity Exchange Inc. and…
Abstract
Purpose
The purpose of this paper is to scrutinise the effectiveness of four derivative exchanges’ enforcement efforts since 2007. These exchanges include the Commodity Exchange Inc. and ICE Futures US from the United States and ICE Futures Europe and the London Metal Exchange from the UK.
Design/methodology/approach
The paper examines 799 enforcement notices published by four exchanges through a behavioural science lens: HUMANS conceived by Hunt (2023) in Humanizing Rules: Bringing Behavioural Science to Ethics and Compliance.
Findings
The paper finds the effectiveness of the exchanges’ enforcement efforts to be a mixed picture as financial markets transition from the digital to artificial intelligence era. Humans remain a key cog in the wheel of market participants’ trading operations, albeit their roles have changed. Despite this, some elements of exchanges’ enforcement regimes have not kept pace with the move from floor to remote trading. However, in other respects, their efforts are or should be, effective, at least in behavioural terms.
Research limitations/implications
The paper’s findings are arguably limited to exchanges based in Anglophone jurisdictions. The information published by the exchanges is variable, making “like-for-like” comparisons difficult in some areas.
Practical implications
The paper makes several recommendations that, if adopted, could help exchanges to increase the potency of their enforcement programmes.
Originality/value
A key aim of the paper is to shift the lens through which the debate concerning the efficacy of exchange-level oversight is conducted. Hitherto, a legal lens has been used, whereas this paper uses a behavioural lens.
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Adam W. Du Pon, Andrea M. Scheetz and Zhenyu “Mark” Zhang
This study aims to examine the determinants of Foreign Corrupt Practices Act (FCPA) violations and consequences of FCPA enforcements.
Abstract
Purpose
This study aims to examine the determinants of Foreign Corrupt Practices Act (FCPA) violations and consequences of FCPA enforcements.
Design/methodology/approach
This paper uses publicly available data from Compustat, I/B/E/S and Thomson Reuters databases, combined with Securities and Exchange Commission (SEC) and Department of Justice (DOJ) cases, to extract insights on FCPA violations and enforcements using econometric approaches.
Findings
The main determinants of FCPA violations appear to be firm size, multinational structure, country corruption and Sarbanes-Oxley Act control weaknesses. Traditional misreporting risks (F-score and M-score) do not predict FCPA violations. This study discovers significant differences between FCPA violations by motivation, as in, sale generation, rent extraction or cost evasion. Bribes motivated by sale generation or rent extraction are partially driven by the extent of the firm’s global operations, whereas bribes motivated by cost evasion relate to internal influences. This study also finds that enforcement is more salient for criminal violations (DOJ enforcement), compared to civil violations (SEC enforcement).
Research limitations/implications
This research provides new insights into the determinants of FCPA violations while underscoring the need for effective measures to combat bribery and promote ethical business practices. This research contributes to the ongoing efforts to curtail bribery, offering valuable insights into the characteristics of firms more likely to engage in bribery and contexts in which these activities occur. It provides critical implications for regulatory bodies, highlighting the differential responses of firms to varying types of enforcement, namely, criminal versus civil, as the authors observe greater decreases in internal control weaknesses following DOJ enforcement compared to SEC enforcement.
Practical implications
For enforcement agencies, the findings underscore the importance of rigorous criminal enforcement against FCPA violations, highlighting the improved control environments prompted by DOJ actions. Managers will find this research relevant, as it demonstrates that a firm’s entry into international markets substantially elevates the risk of its representatives engaging in bribery with foreign officials. In addition, the results are of interest to regulators, revealing that the underlying motivations driving a firm’s activities can significantly alter the factors to consider that might lead to an FCPA violation.
Originality/value
This paper is the original work of the authors and explores the determinants and consequences of FCPA violations and enforcement actions since 2002. To the best of the authors’ knowledge, it is the first to explore bribe determinants by their motive and documents industry-wide benefits arising from criminal enforcement.
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Nor Balkish Zakaria, Muhammad Farhan Nordin, Allezawati Ismail, Nurul Huda Ahmad Shukri and Elif Baykal
This study departed from the aim to progress Malaysia as a high-income nation in 2025 via decent work and economic growth (Sustainable Development Goal 8). Thus, this study aims…
Abstract
Purpose
This study departed from the aim to progress Malaysia as a high-income nation in 2025 via decent work and economic growth (Sustainable Development Goal 8). Thus, this study aims to examine the effects of demographic, experience and organisational factors on the ethical integrity of local enforcement officers from self-proclaim and colleague perception perspectives.
Design/methodology/approach
The data of this study was collected from Pusat Latihan Penguatkuasa Selangor (PULAPES), a training centre for local enforcement officers in Selangor. Based on a survey in 2019, this study used primary data based on a scenario-based questionnaire survey with a total sample of 535 respondents.
Findings
From a self-proclaim perspective, the results show that secondment and training factors have a positive relationship with the ethical integrity of local enforcement officers. From a colleague perception perspective, the results indicate that the secondment factor has a positive relationship with ethical integrity. In contrast, the officer rank factor has a negative relationship with the ethical integrity of local enforcement officers.
Practical implications
This research seeks to develop new theories or refine existing ones to explain how diverse circumstances affect law enforcement ethics. Learning people’s habits through observation and consequences like rewards or punishments impact behaviour recurrence are suggested. Law enforcement ethics can be examined by examining how peers, supervisors and organisational culture shape officers’ ethics.
Social implications
The finding of this study could serve to evaluate training programmes or rewards and punishments for ethical behaviour including how accountability and community involvement aid to promote law enforcement ethics.
Originality/value
The survey results of this study are based on local enforcement officers’ ethics that serve to aid in illuminating the elements which affect ethical behaviour among law enforcement personnel and identify the tactics for fostering ethical behaviour.
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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.
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This study aims to understand what primary relationship problem mechanisms can exist in the franchise channel and how exchange partners respond to them. This study demonstrates…
Abstract
Purpose
This study aims to understand what primary relationship problem mechanisms can exist in the franchise channel and how exchange partners respond to them. This study demonstrates how the franchisor’s relationship problem mechanisms (threat, contract enforcement) affect the franchisee’s negative active responses (venting, threatened withdrawal).
Design/methodology/approach
This study tested hypotheses through multiple regression analysis using data from 200 franchisees in Korea-based food franchise systems.
Findings
The results indicated that threat increases venting and threatened withdrawal, while contract enforcement only increases venting. Venting increases threatened withdrawal. In addition, the results indicated that the franchisor’s behavior monitoring positively moderates the relationship between relationship problem mechanisms and negative active responses.
Originality/value
This study helps strategically manage responses to relationship problems by categorizing ‘relationship problem mechanisms’ into intentional relationship problem mechanisms based on communication (threat) and unintentional relationship problem mechanisms based on action (contract enforcement). This study finds that both relationship problem mechanisms, intentional or unintentional, eventually cause threatened withdrawal directly or indirectly. Even if the threat is merely communication, not action, it is more likely to cause relationship dissolution than contract enforcement by directly triggering any negative active response. This study also finds that behavior monitoring can affect exchange partners through interaction with other management mechanisms rather than directly affecting them.
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Drawing on the international business and game theory literature, this study assesses foreign firm treatment in the early stages of regulatory enforcement.
Abstract
Purpose
Drawing on the international business and game theory literature, this study assesses foreign firm treatment in the early stages of regulatory enforcement.
Design/methodology/approach
Treating regulation intensity as an exposure variable, negative binomial regression models were applied to firm-level data from 32 emerging markets (n = 15,331) to identify the determinants of inspection interactions. Robustness checks also were performed via variable substitutions for several predictors and an alternative form of statistical testing (i.e. Tobit regression, since it arguably better addresses dependent variables with corner solution responses).
Findings
Controlling for multiple organizational, regulatory and national characteristics, the findings are consistent with a foreign privilege, manifesting in reduced vulnerability to multiple encounters with labor inspection officials. Moreover, inward FDI stock was negatively related to the general probability of repeat interactions regardless of locus of ownership, an effect that was not moderated by stage of development or the regulatory influence of host interest groups. This collectively suggests that foreign firms not only are favored in compliance monitoring but also work post-entry to influence agencies to generally benefit business.
Research limitations/implications
More comprehensive assessments were precluded given the lack of information on reasons for contact, citations and fines, and inspectorate reactions to company responses. Second, enforcement-risk management was measured indirectly since investors' internal dealings and actions toward officials are unavailable in secondary sources.
Practical implications
These findings have important implications for social responsibility, suggesting CSR stakeholders need to track enforcement more closely and exert pressure where needed so rights are not sacrificed for economic development.
Originality/value
This study provides the most rigorous assessment to date of the role that firm, government and economic factors play in national inspection targeting. It also examined whether foreign owners pool and leverage their political influence to impact general inspection activity, a previously untested prospect.
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Jyoti Dua and Anil Kumar Sharma
The mounting focus on environmental, social and governance (ESG) factors in business has sparked substantial curiosity in understanding the nexus between ESG and the companies’…
Abstract
Purpose
The mounting focus on environmental, social and governance (ESG) factors in business has sparked substantial curiosity in understanding the nexus between ESG and the companies’ strategic decisions. This study aims to investigate the influence of firms’ ESG disclosure scores on their dividend payout. Furthermore, it examines the nuanced dynamics of this relationship by exploring the moderating role of the country’s investor protection regulations and regulatory enforcement.
Design/methodology/approach
This study uses pooled ordinary least square regression with year, industry and country effects. It analyzes a balanced panel data set of 192 non-financial firms drawn from the primary equity indices of BRICS nations. This study examined the data of six years spanning 2015–2020.
Findings
The findings discover a significantly positive relationship between ESG scores and dividend payout ratio, conveying that firms with higher ESG scores allocate more of their profits as dividends. Furthermore, the finding reveals that country-level robust investor protection and effective regulatory enforcement mechanisms undermine the positive association between ESG ratings and payouts of dividends, suggesting that the ESG disclosure of firms operating in a setting characterized by enhanced investor safeguards and stricter regulatory oversight will exert less influence on their dividend decisions.
Originality/value
To the best of the authors’ knowledge, this is the first study to concentrate on the ESG–dividend nexus in the BRICS countries. Furthermore, this study used each country’s investor protection index and regulatory enforcement scores to comprehend the influence of country-level legal frameworks in shaping the relationship between ESG and dividend decisions, thus adding value to the existing literature on corporate sustainability.
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This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.
Abstract
Purpose
This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.
Design/methodology/approach
Academic articles, case law and books are examined as are relevant reports by various regulatory authorities and organizations.
Findings
Historically, Chinese courts have strictly adhered to “de facto reciprocity”, which made it difficult for foreign judgements to be recognized and enforced in China. Fortunately, Chinese courts have since abandoned their rigid adherence to de facto reciprocity, and have instead, used flexible tests of reciprocity such as de jure reciprocity, reciprocal commitment and reciprocal understand/consensus. Accordingly, this would facilitate the recovery of stolen assets, as there is a lower threshold for the recognition and enforcement of a foreign judgement.
Research limitations/implications
There are limited data available in relation to the recognition and enforcement of foreign judgements pertaining to the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs within the Belt and Road Initiative.
Practical implications
Those who are interested in examining the viability in recognizing and enforcing foreign judgements relating to stolen assets will have an interest in this topic.
Originality/value
The value of the paper is to demonstrate the difficulties in recognizing and enforcing foreign judgements in China in relation to stolen assets.
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Xiangchun Li, Yuzhen Long, Chunli Yang, Yinqing Wang, Mingxiu Xing and Ying Jiang
Effective safety supervision plays a crucial role in ensuring safe production within coal mines. Conventional coal mine safety supervision (CMSS) in China has suffered from the…
Abstract
Purpose
Effective safety supervision plays a crucial role in ensuring safe production within coal mines. Conventional coal mine safety supervision (CMSS) in China has suffered from the problems of power-seeking, excessive resource consumption and poor timeliness. This paper aims to explore the Internet+ CMSS mode being emerged in China.
Design/methodology/approach
The evolution of CMSS systems underwent comprehensive scrutiny through a blend of qualitative and quantitative approaches. First, evolutionary game theory was used to analyze the necessity of incorporating Internet+ technology. Second, a system dynamics model of Internet+ CMSS was crafted, encompassing a system flow diagram and equations for various variables. The model was subsequently simulated by taking the W coal mine in Shanxi Province as a representative case study.
Findings
It was revealed that the expected safety profit from the Internet+ mode is 296.03% more than that from the conventional mode. The precise dissemination of law enforcement information was identified as a pivotal approach through which the Internet+ platform served as a conduit to foster synergistic collaboration among diverse elements within the system.
Practical implications
The outcomes of this study not only raise awareness about the potential of Internet+ technology in safety supervision but also establish a vital theoretical foundation for enhancing the efficacy of the Internet+ CMSS mode. The significance of these findings extends to fostering the wholesome and sustainable progress of the coal mining industry.
Originality/value
This research stands out as one of the limited studies that delve into the influence of Internet+ technology on CMSS. Building upon the pivotal approach identified, to the best of authors’ knowledge, a novel “multi-blind” working mechanism for Internet+ CMSS is introduced for the first time.
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Olusola Joshua Olujobi and Oshobugie Suleiman Irumekhai
The purpose of this paper is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the…
Abstract
Purpose
The purpose of this paper is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the persisting prevalence of coups d'état and poverty in Africa.
Design/methodology/approach
This paper uses a doctrinal legal research approach, synthesising existing literature while extensively analysing primary and secondary legal sources. Its primary aim is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the persisting prevalence of coups d'état and poverty in Africa. The choice of case study countries Burkina Faso, Chad, Gabon, Guinea, Mali, Niger and Sudan stems from their historical significance, regional diversity, data accessibility and potential insights into the interplay among anti-corruption enforcement, governance, poverty and coups d'état in Africa.
Findings
The enforcement of anti-corruption laws and the promotion of good governance are indispensable for democracy and economic stability; their suboptimal enforcement directly contributes to coups d'état and the worsening of poverty in African nations. It emphasises the imperative for African countries to consistently and proficiently enforce anti-corruption laws and adhere to principles of good governance, effectively and responsibly, to mitigate coups d'état and alleviate poverty in the region.
Originality/value
This study designs a model strategy for combating coups d'état and corruption in Africa as contribution to knowledge in the field of study.
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