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To consider the recommendations made by the Financial Services Authority (FSA) enforcement process review (the review).

This paper has considered the concerns raised by the Financial Services and Markets Tribunal in the Legal & General case, the reaction of the FSA to those concerns and the terms of reference for the review, plus the impact of the review's 44 recommendations.

That the recommendations will bring greater transparency to the FSA's process of investigating regulatory breaches and taking enforcement action against firms and individuals, although it may take some time for the regulator and the city to adapt to the revised enforcement process.

This paper will be of interest to firms and individuals in the regulated sector and regulatory lawyers interested in the FSA's enforcement process.

This paper aims to suggest alternative suspicious activity analyses to improve the focus of financial institution reporting to law enforcement and to identify some limitations in the current practice.

This paper employs the consideration of US and Financial Action Task Force policies and text sources of suspicious activity reporting in the anti-money laundering context in light of how the reports are used. Furthermore, there is consideration of confidentiality and privacy constraints on public and private sector in assessing strategies to make the reporting process more effective and aiding the discovery and investigation of crime.

The current suspicious activity reporting process takes advantage of the business acumen of financial institutions to identify unusual or unexplained behavior that may assist law enforcement in criminal investigations and prosecutions. It is successful in that regard. However, the process has not been tuned to identifying criminal behavior through systematic feedback. As an alternative to feedback, analysis of criminal organizations vis-à-vis the transactions that flow through a reporting institution is suggested as a means to creating better tuning. The analysis could be accomplished either by law enforcement or by select institutions; but in either case, hurdles of confidentiality and/or privacy would have to be overcome.

Creating a process for law enforcement and/or reporting institutions to map known criminal activity on a transaction set would allow a new assessment of the role of financial institutions in this regard, and may allow policymakers to reassess whether the financial institutions’ efforts currently required would be more productive if redirected to focus more on criminal as opposed to merely suspicious activity.

We assessed attempts by federal and state agencies to utilize a Community Oriented Policing and Problem Solving (COPPS) approach to address endangered species and natural resource protection issues in two watersheds in Washington State involving listed species of salmon, steelhead and bull trout. In the wake of the listing of these species, NOAA Fisheries and the Washington Department of Fish and Wildlife (WDFW) joined to implement a multi-party collaboration to enforcement termed Resource-Oriented Enforcement (ROE). We sought to determine if federal and state resource agencies can collaborate effectively and if collaborative approaches can achieve short- and long-term resource protection goals. A citizen mail survey (n=800+ in each location) and extensive personal interviews with key actors were conducted to assemble evidence on the degree of success achieved in implementing ROE. Observed results suggest that collaboration can

The purpose of this paper is to summarize the Financial Services Authority's (FSA's) enforcement procedures pursuant to powers granted by the Financial Services and Markets Act 2000 (“FMSA”) to impose a variety of sanctions on firms and individuals for breaches of rules under FSMA and other legislation.

Describes FSA's approach to enforcement; how the FSA decides to commence an enforcement investigation; the FSA's powers to gather information and investigate; the FSA's policies and procedures on interviews; the FSA's policies on publicity; how a firm under investigation should involve both internal and external counsel; how the FSA decides to take enforcement action; the role of the Regulatory Decisions Committee (RDC); the FSA's power to prosecute criminal offenses; civil court proceedings, including injunctions, restitution orders, and insolvency proceedings; FSA disciplinary actions; the Statutory Notice Procedure; how the FSA issues decision notices; the role of the Tribunal; and settlement and mediation procedures.

The FSA is increasingly ready to commence enforcement proceedings and where necessary, impose significantly higher financial penalties than before in respect of rules breaches. While familiarity with the detailed procedural rules is important, it is not a substitute for the exercise of common sense and judgement. Each case is different. A final determination of the matter through settlement negotiations is strongly encouraged by the FSA.

An essential summary and reference guide to the FSA's enforcement powers and procedures especially relevant to senior management and to those in compliance who are dealing with actual or potential FSA enforcement action.

Drawing on the international business and IHRM literature, this study investigated the effects that employment regulation and its nature of enforcement have on foreign investment in emerging markets.

Panel regressions with time fixed effects were conducted for the period 2002–2017 using regulatory, human capital, and economic data for 34 developing nations. Robustness checks also were performed by varying the measures for key predictors along with the modes of analysis (i.e., Pooled OLS with clustered standard errors, generalized estimating equations (GEE), and instrumental variable (IV) regression with the generalized method of moments (GMM) approach).

Although the totality of restrictions did not have an impact, FDI inflows were negatively related to the process strength of enforcement. This suggests investors place greater emphasis on de facto exposure than on de jure enactments, favoring nations less willing or able to push for compliance. In addition, while GDP growth had a positive impact on inward investment, the opposite was found for licensing restrictions and labor productivity. The remaining controls failed to display consistent relationships with foreign investment.

Data constraints precluded the inclusion of additional economies and years before 2001. It also was not possible to directly evaluate the influence of labor costs without a standardized measure for developing nations. This entered at best indirectly in GDP per capita, which was tested.

These findings have important implications for social responsibility, suggesting more aggressive monitoring is needed of investment criteria and government relations. At a minimum, social auditing and reporting should better document overt commitments to rights-adherence and compliance-partnering. CSR stakeholders can work in tandem, tracking enforcement more closely and lobbying governments to discourage policies of lax enforcement.

This is the first study to assess how legal stock and its manner of enforcement influence FDI inflows. Improving on earlier studies, employment law was measured with a broad legal scale that was annually adjusted. Enforcement was evaluated in two different forms, both as process strength and administrative capacity – the former drawing investors' attention.

The WTO dispute settlement process is an improvement to the original GATT dispute settlement mechanism. However, it fails to assure a timely implementation and enforcement of the dispute settlement body (DSB) recommendations. To this date, the issue of mandatory enforcement is still open to interpretation. The number of ‘matters’ that have been subject to WTO dispute settlement stands at 266 over the 1995–2006 period. The number of implementation disputes has increased since 1998 and stand at 34 as of January 1, 2007. This chapter reviews the process of dispute settlements and enforcements since 1995 and to argue for the interpretation of ‘WTO agreements’ as ‘binding contracts’ whose breach must be evaluated as either ‘efficient’ or ‘non-efficient’ when discussing enforcement. In this context the non-compliance issue may be viewed as an ‘efficient breach’ where the only efficient remedy is a ‘fine’ rather than the usual practice of ‘suspension of concessions or other obligations’ to the Respondent. What sets our approach apart from earlier discussion is that it does not view ‘suspension of concessions’ as a sufficiently burdensome and efficient sanction. A ‘fine’ on the other hand may serve as a ‘buy out’ of a Respondents WTO obligations, and can be transferred to the negatively affected domestic producers in the Complainant's market as compensation for losses.

One of the core objectives of the World Trade Organisation (WTO) is to maintain a practice of legality, including guaranteeing state and non-state actors interact based on the world trade norms. In seeking to achieve this objective, the WTO aims to uphold the trade rule of law by emphasising compliance with specified rules and procedures during the accession process, dispute settlement and trade policy review. This study aims to review these compliance procedures by invoking the interactional international law concept of a community of legal practice. Second, it briefly illuminates Chad Bown’s proposal to establish an institute for assessing WTO commitments to improve member states’ remit to detect, challenge and deter noncompliance.

This paper is based on Jutta Brunnée and Stephen Toope’s Interactional Theory of International Law.

There is a strong link between transparency and enforcement in WTO law. The efficacy of the WTO law depends not only on its role in adjudication, but also on facilitating interactional legal practices, within and outside the WTO.

This paper offers an original analysis of the practices of compliance with WTO obligations and illuminates a new proposal for improving compliance. To attract and maintain compliance, the WTO needs to facilitate transparent interactional legal practices for states and non-state actors.

Antitrust legislation in the United States was originally enacted in 1890. This legislation and subsequent amendments established the historic precedent of government controlling the power of business by limiting its influence over markets. This paper reflects on why this unique set of laws was originally enacted, reviews these laws in the United States compared to other global competitors, and recommends revisions in the present legislation to more accurately reflect the competitive arena that United States based companies face in the global economy.

The purpose of this study is to synthesize empirical research on the correlates of Commission on Accreditation for Law Enforcement Agencies (CALEA) accreditation.

The authors performed keyword searches across 132 criminal justice, policing, and public administration journals to identify peer-reviewed articles that examine the relationship between CALEA accreditation and any output or outcome. Two keyword searches were utilized “commission on accreditation for law enforcement agencies” and “commission on accreditation of law enforcement agencies” in the event that authors misnamed the accrediting body. Only quantitative articles that utilized inferential statistics were included in the sample given that the authors aimed to assess the relationship between CALEA law enforcement accreditation and outputs and outcomes.

Overall, there is a paucity of research on the relationship between CALEA accreditation and outputs and outcomes. Only nineteen, peer-reviewed, studies that utilize inferential statistics have been published on the topic as of the end of 2021. The largest number of studies explore the relationship between CALEA accreditation and community-oriented policing and gender representation. Given the dearth of quantitative studies on CALEA accreditation, and the lack of studies using experimental or quasi-experimental designs, current findings on the topic should not be viewed as proof of cause and effect relationships but as correlations.

This article represents the first systematic review of the correlates of CALEA accreditation.

There are two opposite views about whether the Antitrust Law is conducive to the development of the economy. One view is that the Antitrust Law can restrain monopoly, maintain market competition and benefit economic growth. The other view is that the Antitrust Law inhibits innovation by monopolistic firms and fosters rent-seeking, which is bad for economic growth. To provide a possible perspective for clarifying the controversy, this paper aims to answer the following two questions: first, will the Antitrust Law inhibit corporate innovation? Second, does the antitrust enforcement agency discriminate against private enterprises?

Based on the samples of A-share listed companies from 2003 to 2013, the authors use the implementation of China’s Antitrust Law in 2008 as a policy shock, take the monopoly enterprises in each industry as the treatment group and competitive enterprises as the control group, using the difference-in-differences method to test the impact of the implementation of the Antitrust Law on corporate innovation activities.

The results show that compared with competitive enterprises, the patent output of monopolistic enterprises was significantly reduced after the implementation of the Antitrust Law, which indicates that the Antitrust Law does inhibit the innovation activities of monopolistic enterprises. Further research finds that the innovation suppression effect of the Antitrust Law is more prominent in state-owned enterprises, which means that the government does not have “selective law enforcement” against private enterprises in the process of law enforcement. Therefore, the results provide evidence for the idea that government intervention is neutral.

First, the paper enriches and expands the research on the factors affecting corporate innovation from the perspective of market structure. Second, it enriches and expands relevant research on the consequences of implementing the Antitrust Law from the perspective of corporate innovation. Third, it not only provides the relevant empirical evidence for clarifying the dispute about the Antitrust Law but also is helpful to clarify whether the Chinese Government has “selective law enforcement” against private enterprises.