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1 – 10 of 552Livia Buttke, Sebastian Schötteler, Stefan Seuring and Frank Ebinger
The German Supply Chain Due Diligence Act (GSCDDA), as a comprehensive regulation for due diligence in supply chains, will exert profound pressure on companies’ sustainable supply…
Abstract
Purpose
The German Supply Chain Due Diligence Act (GSCDDA), as a comprehensive regulation for due diligence in supply chains, will exert profound pressure on companies’ sustainable supply chain management (SSCM). This study aims to examine the affected stakeholders’ polarizing expectations stemming from the GSCDDA, the resulting impacts on SSCM and how these findings compare with theoretical SSCM developments.
Design/methodology/approach
From 5,490 GSCDDA posts on X (formerly “Twitter”), the authors extracted 556 qualitative posts illustrating the GSCDDA discourse and analyzed them from a stakeholder perspective. The posts were classified according to the dimensions of stakeholder groups and expectations (i.e. challenges and opportunities). The authors then synthesized the posts across these dimensions and compared the identified expectations with the SSCM literature.
Findings
Seven stakeholder groups were identified, along with nine challenges (e.g. legal flaws) and four opportunities (e.g. increased transparency). The synthesis of both components revealed highly discussed and conflicting expectations. The theoretical SSCM developments partly differ from the discourse, indicating discernible gaps between theory and practice
Practical implications
Identifying key stakeholder groups supports building synergies between GSCDDA implementers and stakeholders to tackle their challenges and reinforce opportunities.
Originality/value
Due to the growing prevalence of supply chain due diligence regulations, it is essential to consider the legal implications for SSCM. This study explores the link between due diligence concepts and SSCM, and to the best of the authors’ knowledge, this is the first study to analyze how legal pressure shapes stakeholders’ expectations on companies’ SSCM.
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Maha Khemakhem Jardak, Marwa Sallemi and Salah Ben Hamad
Remuneration policies may differ from country to country, and their effect on bank stability could be due to the legal framework. Therefore, this study aims to investigate how the…
Abstract
Purpose
Remuneration policies may differ from country to country, and their effect on bank stability could be due to the legal framework. Therefore, this study aims to investigate how the legal system impacts the relationship between CEO compensation and bank stability across countries.
Design/methodology/approach
To test the study hypotheses, the authors use panel data of 74 banks operating in ten OECD countries during the period 2009–2016 and apply the generalized moments method regression model to better remediate the endogeneity problem.
Findings
The findings confirm that a country’s banking regulations significantly affect its bank stability. Common law countries have less bank stability than civil law countries. This result can be interpreted by the fact that, in common-law countries, banks’ CEO are strongly protected by the law, so they allocate a large part of bank assets to risky loans to improve their variable remuneration.
Practical implications
The research can help policymakers understand bank stability in one country. Any legal reform would require prior knowledge of how risk-taking may arise in executive compensation.
Originality/value
The contribution is to explain the controversial effect of executive compensation on bank stability in the framework of legal theory. The authors argue that regulators should monitor compensation structures and that the country’s legal origin of law shapes the CEO compensation structure and is a determinant of bank stability. To the best of the authors’ knowledge, there are no studies exploring this field. So, this study tries to shed more light on the dark side of CEOs’ behavior when undertaking risky projects to maximize their remuneration.
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Hani El-Chaarani and Zouhour El-Abiad
The purpose of this research is to reveal the impact of public legal protection on the efficiency of internal corporate governance in banks. In addition, this research proposes a…
Abstract
Purpose
The purpose of this research is to reveal the impact of public legal protection on the efficiency of internal corporate governance in banks. In addition, this research proposes a new corporate governance index that could be employed by the banking sector to evaluate the performance of their internal corporate governance mechanisms.
Design/methodology/approach
Orbis database, annual reports and direct questionnaire are used to collect corporate governance data of 127 banks from 14 countries during 2020. The Mann–Whitney U-test is employed to compare the efficiency of corporate governance mechanisms based on three subsamples of countries having different legal protection levels (weak, middle and strong).
Findings
This research suggests a new corporate governance index for banks based on seven constructs and 62 variables. This new non-parametric index could be used by bankers to improve the monitoring process and enhance the overall performance of banking. The results of this research show that the existence of a strong public legal protection environment within a specific country enhances the efficiency of corporate governance mechanisms in the banking sector and thus, leads to improve the protection of shareholders, depositors and other relevant stakeholders. However, in countries that are characterized by weak legal protection level, the efficiency of corporate governance mechanisms is very low and there are possibilities of entrenchment, expropriation and extraction of private benefits. These findings could be interpreted within the prediction of agency, moral hazard, asymmetric information, political and entrenchment theories.
Originality/value
This research paper provides information that bankers and other relevant stakeholders in the banking sector working in MENA (the Middle East and North Africa) and European countries. A strong public legal protection level could improve the efficiency of internal corporate governance mechanisms within banks.
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This paper shows the benefits of multi-sited ethnography for global migration studies in management, in particular when cosmopolitan self-initiated expatriates meet a local…
Abstract
Purpose
This paper shows the benefits of multi-sited ethnography for global migration studies in management, in particular when cosmopolitan self-initiated expatriates meet a local setting.
Design/methodology/approach
The author conducted a multi-sited ethnography to trace how a local East German research organization’s well-intended approach to integration becomes condescending.
Findings
Highly skilled non-Western migrant employees who represent English-language cosmopolitanism are framed as negatively “foreign” by corporate discourses and practices. This phenomenon can only be understood if one follows the interconnections of language power, White subalternity and compressed modernity and if one considers the immediate surroundings, the historical context of East German identity and wider migration frames in Germany.
Research limitations/implications
Multi-sited ethnography, if power-sensitive and historically-aware, is suitable for understanding the multi-level phenomenon of global migration and identifying limiting framing-effects on management and organizations. Researcher standpoint is both its strength and its limitation.
Practical implications
Managers and companies can “imagine otherwise” and move beyond the unquestioned dominant frames limiting their problem analyses and, consequently, their strategies and actions.
Social implications
Managers and companies are enabled to move beyond individual- and corporate-level approaches to managing migration at work and can thus take up full social responsibility in the sense of good corporate citizenship on a global level. Global mobility researchers can work towards an inclusive migration theory.
Originality/value
Multi-sited ethnography, in particular, one that is power-sensitive and historically aware, is an approach not yet applied to migration in the context of management and organization. By means of an example, this paper illustrates the value of this approach and enables researchers to understand its main principles. Compressed modernity and White subalternity are introduced as novel concepts structuring migration, and language power emerges as relevant far beyond the scope of the multinational corporation.
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Regulated differently in modern constitutions, emergency rule is a case of awkward, and dilemmatic, legal fine-tuning of an ambivalent political move that leads the executive of a…
Abstract
Regulated differently in modern constitutions, emergency rule is a case of awkward, and dilemmatic, legal fine-tuning of an ambivalent political move that leads the executive of a democratic regime to the verge of the constitutional system. For that reason, as an utmost situation, emergency rule becomes a testing field for the resilience of the constitutional order. It affects its own foundations, the basic rights, and thus the constitutional capability to make possible their fulfilment. It also serves to appraise the workings of democratic regimes and, accordingly, the type of legitimacy derived from their institutional performance. Furthermore, it provides a vantage point to watch the reactions of both their representatives and their publics. Focussed on the COVID-19 pandemic, this chapter compares the cases of Germany and Spain through their legal regulations of emergency rule and their governments’ responses. Having rather analogous emergency legislations, from 2020 through 2022, there have been significant differences in their decision-making patterns.
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Kai Naumann and Andreas Neuburger
Starting from the status quo, the paper outlines perspectives and challenges for the connection and interlinking of digitised and digital archival data. The following topics are…
Abstract
Purpose
Starting from the status quo, the paper outlines perspectives and challenges for the connection and interlinking of digitised and digital archival data. The following topics are addressed: Where are fields of action and what are the means of archives? Which functional and technical requirements are to be considered, and what is the role of portal infrastructures linking together various different institutions?
Design/methodology/approach
Considering needs of users and general framework conditions, the paper examines new approaches emerging in Germany. It outlines recent projects and considerations aiming to improve services and visibility of archives within the national data infrastructure in Germany.
Findings
Cross-connections are no new phenomenon, but change their appearance significantly in a digital context. In this respect, both smaller and bigger archives profit from participation in larger digital networks. Furthermore, archives need to keep in mind to reflect the quality of their digital (meta)data regularly and to offer or join systems that functionally and technically support cross-connection and interlinking of data.
Originality/value
The paper endeavours to show the importance of digital cross-connections and the role of portal infrastructures for visibility, online-distribution and use of digital archival metadata and data.
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Doris Ochterbeck, Colleen M. Berryessa and Sarah Forberger
Neuroscientific research on addictions has prompted a paradigm shift from a moral to a medical understanding – with substantial implications for legal professionals’ interactions…
Abstract
Purpose
Neuroscientific research on addictions has prompted a paradigm shift from a moral to a medical understanding – with substantial implications for legal professionals’ interactions with and decision-making surrounding individuals with addiction. This study complements prior work on US defense attorney’s understandings of addiction by investigating two further perspectives: the potential “next generation” of legal professionals in the USA (criminal justice undergraduates) and legal professionals from another system (Germany). This paper aims to assess their views on the brain disease model of addiction, dominance and relevance of this model, the responsibility of affected persons and preferred sources of information.
Design/methodology/approach
Views of 74 US criminal justice undergraduate students and 74 German legal professionals were assessed using Likert scales and open-ended questions in an online survey.
Findings
Neuroscientific research findings on addictions and views that addiction is a brain disease were rated as significantly more relevant by American students to their potential future work than by German legal professionals. However, a majority of both samples agreed that addiction is a brain disease and that those affected are responsible for their condition and actions. Sources of information most frequently used by both groups were publications in legal academic journals.
Practical implications
In the USA, information for legal professionals needs to be expanded and integrated into the education of its “next generation,” while in Germany it needs to be developed and promoted. Legal academic journals appear to play a primary role in the transfer of research on addiction into legal practice.
Originality/value
This study complements prior work on US defense attorney’s understandings of addiction by investigating two further perspectives.
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Ioanna Pervou and Panagiotis Mpogiatzidis
The purpose of this paper is to demonstrate the close relationship between the disciplines of law and health-care studies. This interrelation has become particularly evident…
Abstract
Purpose
The purpose of this paper is to demonstrate the close relationship between the disciplines of law and health-care studies. This interrelation has become particularly evident during the spread of the COVID-19 pandemic, when restrictive human rights provisions have been initiated by many states for the sake of public health. Research focuses on the notional proximity of the principle of proportionality and its health-care correlative: effectiveness. It also goes through the influence of acceptance rates for the application of restrictive measures.
Design/methodology/approach
Research focuses on interdisciplinary literature review, taking into consideration judicial decisions and data on acceptance rates of restrictive human rights measures in particular. Analysis goes in depth when two categories of restrictive human rights measures against the spread of the pandemic are examined in depth: restrictive measures to achieve social distancing and mandatory vaccination of professional groups.
Findings
Restrictive human rights measures for reasons of public health are strongly affected by the need for effective health-care systems. This argument is verified by judicial decision-making which relies to the necessity of health-care effectiveness to a great extent. The COVID-19 pandemic offers a laminate example of the two disciplines’ interrelation and how they infiltrate each other.
Research limitations/implications
Further implications for research point at the need to institutionalize a cooperative scheme between legal and health-care decision-making, given that this interrelation is strong.
Originality/value
The originality of this paper lies on the interdisciplinary approach between law and health-care studies. It explains how state policies during the pandemic were shaped based on the concepts of effectiveness and proportionality.
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This chapter provides a general introduction to the companion, to FIDIC as an organisation and to the FIDIC contractual framework. It also includes a general guide to drafting…
Abstract
This chapter provides a general introduction to the companion, to FIDIC as an organisation and to the FIDIC contractual framework. It also includes a general guide to drafting international contracts as well as a more specific guide to drafting FIDIC based contracts. It includes a comparison of main features of the FIDIC conditions, a guide on selecting the right FIDIC form, and a general introduction on structuring a FIDIC based contract. Finally, it includes a list of suggested further reading.
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