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Open Access
Article
Publication date: 4 April 2022

Slobodan Tomic and Eva Heims

Reflecting on recent empirical developments as well as insights from regulatory state theory, the paper considers directions in which the regulatory state could develop in the…

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Abstract

Purpose

Reflecting on recent empirical developments as well as insights from regulatory state theory, the paper considers directions in which the regulatory state could develop in the post-COVID-19 era.

Design/methodology/approach

This is a de-contextualised analysis of regulatory developments drawing on the prior regulatory state literature and literature on post-crisis responses. Taking into account recent empirical developments related to the COVID-19 pandemic, the paper sets out, in a comparative context, scenarios for the future development of the regulatory state.

Findings

Predicting the direction in which the regulatory state will develop is challenging, particularly at this early stage. Yet, we provide a conceptual framework for thinking about possible futures of the regulatory state and how domestic and international factors might mediate these futures.

Originality/value

The paper provides a structured approach to the analysis of the regulatory state bringing together insights from the literature on the regulatory state, public management reform, and global regulatory shifts.

Details

Fulbright Review of Economics and Policy, vol. 2 no. 1
Type: Research Article
ISSN: 2635-0173

Keywords

Book part
Publication date: 23 November 2022

Maria Pilar Lorenzo

Despite the multitude of regional-based collaborations in higher education, regionalism theories have received relatively little attention in the literature on higher education…

Abstract

Despite the multitude of regional-based collaborations in higher education, regionalism theories have received relatively little attention in the literature on higher education. In view of this gap, this chapter seeks to make a case for the study of regionalism and explores how this field could enrich higher education research. This chapter discusses the context of the rise of the regional landscape vis-à-vis the acceleration of globalisation and internationalisation of higher education. It further probes into theoretical and empirical insights, elucidating in particular core regionalism concepts, theories and approaches within the more recent ‘turns’ in regionalism. Empirical cases from regions across the world are presented to help expound on the conceptual points raised.

Details

Theory and Method in Higher Education Research
Type: Book
ISBN: 978-1-80455-385-5

Keywords

Article
Publication date: 21 November 2023

Rahman Ullah Khan, Karim Ullah and Muhammad Atiq

This study aims to synthesize the existing literature with insights gained from interviews conducted with regulatory experts. The objective is to analyse the challenges associated…

Abstract

Purpose

This study aims to synthesize the existing literature with insights gained from interviews conducted with regulatory experts. The objective is to analyse the challenges associated with incorporating cryptocurrencies into regulatory frameworks and to explore constraints in the regulatory institutionalization of cryptocurrencies.

Design/methodology/approach

The study methodology consists of two steps. The first step is to identify regulatory constraints in the literature review and in the next step, interviews are conducted with officials of the State Bank of Pakistan (SBP). The study used a qualitative case study methodology, in which a single case (regulatory constraint) was selected as a unit of analysis.

Findings

The findings show that lack of traceability, legal status, lack of governmental control due to decentralization, difficulty enforcing laws, volatility, lack of skills with regulators and difficulty integrating cryptocurrencies into the current financial system are the main obstacles to the introduction of a regulatory framework. Thus, on a broader conceptual level, the findings can be grouped into opportunism, lack of strategic capability and fragmented global laws.

Research limitations/implications

This study could inform global cryptocurrency regulation discussions, sharing a developing country’s views on balancing the government, central banks, the financial sector and public interests. This could guide countries to consider cryptocurrency adoption in similar situations. This could affect the cryptocurrency market, impacting demand, supply and investor trust in Pakistan.

Practical implications

The study has implications for policy making officials. The research aims to offer valuable insights to the SBP and other regulatory authorities, helping them identify potential risks and create an effective regulatory framework for cryptocurrencies.

Social implications

The study has implications for society in knowing about the volatile nature of cryptos and anonymity of their issuers, which poses regulatory constraints. This then implies its harmfullness to its traders and the huge losses that may arise from their trading due to its volatile nature.

Originality/value

This study contributes to the literature on the constraints, responsibilities and consultation framework of cryptocurrency regulations.

Details

Qualitative Research in Financial Markets, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1755-4179

Keywords

Article
Publication date: 3 October 2016

Norman Mugarura

The purpose of this paper is to articulate the mandate of the International Monetary Fund (IMF) not least in promoting a sound legal regulatory environment for markets to operate…

Abstract

Purpose

The purpose of this paper is to articulate the mandate of the International Monetary Fund (IMF) not least in promoting a sound legal regulatory environment for markets to operate globally and its inherent challenges. While acknowledging the plausible work done by the IMF in supporting countries to achieve their macro-economic stability, the paper articulates some of its shortcomings as a global institution. It is evident that the post-war climate in which the World Bank and IMF were created has drastically changed – which presupposes that these institutions now need to reposition themselves to reflect on contemporary global challenges accordingly. The author has argued in the past that a robust regulatory system should be devised taking into account the dynamic challenges in the market environment but also to prevent them from happening again.

Design/methodology/approach

The paper has utilized empirical evidence to evaluate the mandate of the IMF in addressing its dynamic challenges such as the global financial and debt crises in Europe and the USA and prevention of financial sector abuse globally. The IMF is one of the Bretton Woods Institutions charged with the oversight responsibility to enforce policies and enable countries to manage their macro-economic challenges efficiently.

Findings

The findings demonstrate that the IMF is as relevant and important as it was when it was created in 1945. However, there is a need for intrinsic and structural changes within this institution to continue discharging its mandate in a changed global regulatory landscape. The IMF is still crucial in fostering a fundamental stabilization function to fragile global economies in areas of financial and technical assistance, and developing requisite legal and supervisory infrastructure within fledging member countries.

Research limitations/implications

The paper was written by analysis of both theoretical and empirical data largely based on secondary data sources. It would have been better to first present the findings in an international conference to solicit wide views and internalize them accordingly.

Practical implications

While acknowledging the plausible work done by the IMF and its counterpart the World Bank in facilitating global financial markets regulation and prevention of financial sector abuse, as oversight institutions, they need to constantly review their mandate to respond robustly to their dynamic challenges such as the global and debt crises and financial sector abuse. Oversight institutions need to constantly review and adapt their mandate accordingly, if they are to discharge their varied responsibilities efficiently. They cannot stand still in the face of challenges because they will be superseded and kept at a back foot.

Social implications

Markets and states are embedded in each other, and the way they are regulated is of a significant importance to varied stakeholders and people.

Originality/value

This paper is one of its kind, is unique in its character and evaluates embedded issues using empirical evidence in a way not done in its context before. Secondary data sources have been evaluated to achieve a thoughtful analysis of the objectives of the paper.

Details

Journal of Financial Crime, vol. 23 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 13 July 2022

Sideris Draganidis

This paper aims to provide an overview of different issues related to jurisdictional arbitrage found in general regulatory arbitrage literature and their projection to the…

Abstract

Purpose

This paper aims to provide an overview of different issues related to jurisdictional arbitrage found in general regulatory arbitrage literature and their projection to the specific area of cryptoasset regulation.

Design/methodology/approach

By distinguishing any parallel, analogous and neighbouring concepts, this paper attempts to clarify the notion of jurisdictional arbitrage. By discussing certain aspects and effects of three regulatory regimes, BitLicense, 5th Anti-Money Laundering Directive (AMLD5) and the European Commission’s Proposal for a Regulation on Markets in Crypto-assets (MiCa), it makes clear that national/State/regional policymakers have already failed to create arbitrage-proof regulatory frameworks by acting exclusively within their jurisdictional limits. Against this background, this paper discusses briefly regulatory competition and international harmonisation as alternative solutions to inappropriate and ineffective national/regional legislative approaches.

Findings

Based on a structured theoretical analysis, this paper reaches three important findings. First, academics, international bodies and other commentators use inaccurately the general concept of “regulatory arbitrage” to refer to the specific problem of jurisdictional arbitrage creating in this way an interpretative confusion; second, commentators confuse jurisdictional conflicts with jurisdictional arbitrage; third, the solutions to this regulatory problem can actually be found in its underlying causes.

Originality/value

To the best of the author’s knowledge, this is the first specific-issue paper on jurisdictional arbitrage in the context of cryptoasset regulation and aims to trigger further academic discussion on this evolving phenomenon and inform the development of future cryptoasset regulation combatting this problem.

Details

Journal of Financial Regulation and Compliance, vol. 31 no. 2
Type: Research Article
ISSN: 1358-1988

Keywords

Content available
Article
Publication date: 4 January 2022

Sandra G. Hamilton

This paper examines the role of government procurement as a social policy mechanism within a multilateral open trading system. Government regulations globally are being…

2882

Abstract

Purpose

This paper examines the role of government procurement as a social policy mechanism within a multilateral open trading system. Government regulations globally are being transformed to foster more responsible business conduct in multinational enterprises (MNEs). Yet, concern that sustainability may present a discriminatory barrier to trade has stalled the progress of sustainable public procurement (SPP) at the international level, raising questions regarding the role and scope of the World Trade Organisation’s (WTO) Government Procurement Agreement (GPA) to align taxpayer-funded contracts with the United Nations (UN) Sustainable Development Goals.

Design/methodology/approach

With a focus on social sustainability, this paper reviews the grey and academic literature to assess the changing landscape of public procurement policy and supply chain legislation in high-income countries.

Findings

Frontrunner nations are adopting a mandatory approach to sustainable public procurement and due diligence legislation is elevating supply chain risk from reputational damage to legal liability. While technological innovation and the clean, green production of manufactured goods dominates the sustainable public procurement literature, the social aspects of sustainability poverty, inequality and human rights remain underrepresented.

Research limitations/implications

The scope of this paper is limited to the examination of government procurement covered by the WTO-GPA (2012). Smaller value contracts, under the WTO-GPA thresholds and the category of defence are beyond the scope of the paper.

Social implications

The paper focusses on the underserved topic of social sustainability in business-to-government (B2G) – business to government – supply chains arguing that for responsible business conduct to become a competitive advantage, it must be more meaningfully rewarded on the demand-side of all taxpayer-funded contracts in organisation for economic co-operation and development countries. The paper introduces the idea of priceless procurement as a mechanism to build system capacity in the evaluation of non-financial sustainability objectives.

Originality/value

To build the capacity to stimulate competition based on social and environmental policy objectives, the paper introduces the concept of priceless procurement in B2G contracts.

Article
Publication date: 20 December 2023

Aniekan Essien, Godwin Onyekachi Chukwukelu, Nikolai Kazantsev and Nachiappan Subramanian

The global food industry is faced with the dilemma of finding a balance between food wastage and food shortage. Approximately one-third of food produced globally goes to waste…

Abstract

Purpose

The global food industry is faced with the dilemma of finding a balance between food wastage and food shortage. Approximately one-third of food produced globally goes to waste, while about 800 million people suffer from undernourishment. Given this context, the purpose of this study is to investigate the unresolved challenges related to enhancing transparency associated with products of high perishability and low shelf life.

Design/methodology/approach

The authors conducted 25 interviews with global agri-food supply chains (AFSCs) experts to ask what impedes the progress of the current technologies, such as blockchain, to enable transparency and traceability (T&T) in AFSCs.

Findings

The findings indicate barriers at the individual, firm and supply chain levels. Based on these barriers, the authors propose an interconnected framework to explain technologically-driven T&T and guide on barrier removal from AFSCs. The authors conclude that by applying technology (i.e. blockchain) the authors can resolve the tension of supporting T&T in AFSCs. This can enable the efficient and transparent tracking of goods, reduction of food waste and loss, as well as promotion of the use of recyclable packaging and further sustainable practices and materials, all of which are aligned with a range of UN Sustainable Development Goals (2, 8, 10 and 12). Moreover, the authors see that some factors are interrelated. Based on these factors, the authors build an interconnected framework to guide on barrier removal from AFSCs. Managers in AFSC would find the findings especially relevant.

Originality/value

Drawing on industrial network theory and signalling theory, the authors propose an interconnected framework for explaining barriers (challenges) and potential solutions (opportunities) to T&T in AFSCs. This framework is developed by examining the interconnections of barriers at micro, meso and macro levels and applying signalling theory to explain how solutions address these barriers. The specific contributions of this study are: the list of barriers that impede the implementation of technological solutions for T&T in AFSCs; and a three-stage framework that explains how to remove the barriers for T&T. The study is limited by the focus on blockchain, which calls for future research once the next decentralised technology becomes available.

Details

Supply Chain Management: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-8546

Keywords

Article
Publication date: 7 January 2014

Norman Mugarura

It has become customary for states or regulatory domains to come together and evolve normative regimes to deal with overlapping exigencies such as money laundering. Over the past…

2217

Abstract

Purpose

It has become customary for states or regulatory domains to come together and evolve normative regimes to deal with overlapping exigencies such as money laundering. Over the past two decades, there has been a proliferation of global AML laws designed to foster international cooperation against money laundering and its predicate crimes. In this same vein, some states have adopted domestic AML laws designed with an ethos of extra-territorial dimension as a caution against the threats posed by money laundering crimes. The paper aims to critically examine CDD to tease out the possibility of harnessing it as a global AML paradigm.

Design/methodology/approach

The paper was written by critically examining primary and secondary data sources. In terms of primary data, the author has studied the relevant provision of different AML legislation such as BSA (1970), MLCA (1986), and PATRIOT (2001) Act in the USA; and FSMA (2000) and POCA (2002) in the UK. The author then evaluated these data in the context of the challenges of harnessing CDD across countries. In terms of secondary data sources, the author utilised data in academic text books, journal papers, electronic sources (web sites of AML agencies), and policy and research papers from specialist institutions such as FATF.

Findings

The findings corroborate the thesis that much as CDD is an important AML measure, it needs to be streamlined and implemented with care to apply across the board.

Research limitations/implications

The paper was written largely by way of library-based research. The author did not carry out interviews to corroborate some of the secondary data sources used in writing it. Carrying out interviews would have helped to minimise the potential for bias secondary data sources used was generated.

Practical implications

It is anticipated that this paper can be utilised to foster desired strategic and policy changes at a multiple institutional levels.

Originality/value

The paper is one of its kind to be written in its context. It will therefore make a viable contribution to the study of money counter-measures and how they are harnessed globally. It is therefore a must read!

Details

Journal of Money Laundering Control, vol. 17 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 30 September 2014

Norman Mugarura

This purpose of this paper is to explore the dynamics of globalisation on the state’s ability to fight crimes. Given the complicated dynamics of the global market influence on…

1299

Abstract

Purpose

This purpose of this paper is to explore the dynamics of globalisation on the state’s ability to fight crimes. Given the complicated dynamics of the global market influence on crime control and prevention, the paper has analysed the theory of globalisation and how it manifests itself across or within different states. While, it is internationally acclaimed that globalisation has become a fact of life, it needs to be noted that not all countries have been able to harness its benefits. Therefore, globalization has manifested itself differently in different states. This paper examines the dynamics of globalization on sovereign states in the context of their ability to control and prevent crimes, the influence of open border controls, the new crimes typologies, articulating whether modern state approaches are adequate to caution them against contemporary global challenges.

Design/methodology/approach

The paper is written drawing on experiences of the UK, the European Union and in other jurisdictions farther afield. I have used a range of secondary data sources such as analysing data in newspaper, journal papers, textbooks and online sources. The paper has also drawn on some of my earlier scholarly work but internalised to suit the purposes for writing it.

Findings

This paper finds that unless states first position themselves properly to pervasive global changes and challenges, they risk being continuously sidelined (swamped). Globalisation and its offshoot effects on traditional states approaches have elicited a wide range debates and controversies. The conclusion one draws in the analysis of the global influence in fighting traditional and non-traditional crimes would usually depend on where one stands/leans in contemporary debate on these twin issues.

Research limitations/implications

The study was undertaken using a qualitative research methodology, relying heavily on the analysis of secondary data sources. By the very nature of this methodology, it would have been better to carry out interviews and to gain a first hand experience on issues this paper was written on. This is because qualitative research methodology thrives in a natural setting where the researcher interacts with his/her constituent subjects directly. This would also have mitigated the potential for bias inherent in the use of secondary data sources.

Practical implications

The paper is important in demonstrating that states need to be more proactive to benefit from globalisation and its influences. They cannot afford to be laid back lest they are submerged by pervasive global influences in its various manifestations. The paper has highlighted that relaxing border controls could be bad for states because it has the potential to send wrong signals to dangerous criminals. The state needs to reclaim some of its lost sovereign space to remain relevant in asserting its influence on what happens and does not happen inside its borders.

Social implications

States have no choice but to come together and forge common interstate initiatives. This will enable them to deal with overlapping global exigences effectively. There is no state (whether it likes or not) that can afford to act unilaterally when it come to overlapping global exigences.

Originality/value

The analysis of the paper is based on contemporary challenges and narratives of globalisation and its influence on crimes control. It is nevertheless written in a distinctive way to foster the objectives of writing it.

Details

Journal of Financial Crime, vol. 21 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 11 May 2012

Nicholas V. Vakkur and Zulma J. Herrera‐Vakkur

This study seeks to evaluate, in a global context, the impact of Sarbanes Oxley Act on a particular risk measure of importance to investors (risk‐adjusted returns), and two…

Abstract

Purpose

This study seeks to evaluate, in a global context, the impact of Sarbanes Oxley Act on a particular risk measure of importance to investors (risk‐adjusted returns), and two measures of risk due to asymmetry (upside and downside risk). A unique dataset permits a dual evaluation of the law's impact on such measures in leading non‐US economies as well (i.e. “ripple effects”).

Design/methodology/approach

Hypotheses are empirically evaluated on a sample (n=712) of the largest US and European firms (control) using daily return data from 1993 through 2009 – one of the most extensive data sets employed in the literature on this topic to date. The reliability of the risk measures is carefully evaluated using multiple approaches, including Fama‐MacBeth regressions. A series of difference‐in‐difference analyses is then employed to empirically assess Sarbanes Oxley's impact on equity risk.

Findings

The findings suggest Sarbanes Oxley decreased both risk‐adjusted returns and upside risk, whereas downside risk fails to explain the cross section of returns for the largest US firms. From a global perspective, it is suggested that the enactment of Sarbanes Oxley's in the USA motivated leading non‐US economies to adopt similar regulatory measures, which caused “ripple effects” – e.g. effects similar to those documented in this paper – in leading non‐US economies.

Practical implications

The findings suggest that comprehensive financial regulations, such as Sarbanes Oxley Act, are properly envisaged at the global level, as their impact is not confined to the home country. In an increasingly globalized economy, investor welfare is likely to be influenced – directly as well as indirectly – by economic and financial regulation(s) enacted in foreign economies. Arguably, this suggests the pivotal importance of effective mechanisms of global governance, such that a purely domestic approach to regulation may be short‐sighted. In either case, the findings of this study are entirely relevant if regulators are to consider the broader, global impact of regulation on investor welfare.

Originality/value

This is the first study to empirically analyze, within a global framework, Sarbanes Oxley's risk implications without relying on a series of simple mean variance analyses. Substantive research documents that the methodological approach employed is more precise, reliable as well as “investor relevant”. Furthermore, the authors seek to assess the law's impact on leading non‐US equity markets, a first for the literature. Consequently, this study provides a robust evaluation of the law's (international) impact on firm (equity) risk, making an important contribution to the literature.

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