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Article
Publication date: 1 June 2004

Hendrik Haag and Daniel Weiβ

Bonds governed under German law would normally not contain collective action clauses, ie provisions dealing with majority decisions by bondholders by which certain bond terms may…

Abstract

Bonds governed under German law would normally not contain collective action clauses, ie provisions dealing with majority decisions by bondholders by which certain bond terms may be altered or waived. This is because it is uncertain whether, in the absence of a statutory basis, a decision taken by a majority of bondholders would be binding upon a dissenting minority. For certain circumstances, however, a statutory basis exists in the form of a law enacted in 1899 which, during the last decades, has been very rarely used. This paper discusses in what cases the law may be invoked, what decisions can be made by bondholders and what procedural requirements must be observed for getting to a binding and unchallengeable decision.

Details

Journal of Financial Regulation and Compliance, vol. 12 no. 2
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 9 July 2021

Anneke van Wamel, Ankie Lempens and Arjen Neven

Many clients who suffer from severe mental health problems also struggle with alcohol and drug use. And although there seems to be a consensus in most European countries that…

Abstract

Purpose

Many clients who suffer from severe mental health problems also struggle with alcohol and drug use. And although there seems to be a consensus in most European countries that integrated treatment models (especially the integrated treatment of dual disorder clients model) are best fitted to help these clients, none of these have strong evidence, mostly owing to methodological limitations in the studies. This study aims to contribute to the knowledge of why integrated treatment is helpful by conducting in-depth interviews with dual disorder clients who are currently receiving integrated treatment.

Design/methodology/approach

This study is a qualitative thematic analysis using a timeline tool to elicit participants’ responses. In the interviews, dual diagnosis clients with severe problems reflected on their situation at admission, the care they received in integrated treatment and their opinions on positive and negative elements. The interviews were coded and analysed with MAXQDA.

Findings

In the analyses of the interviews, this study found three clusters of elements that clients indicated were the most helpful during their treatment and recovery process: trusting and meaningful relationship with the team, components of integrated treatment and organisation of care.

Originality/value

The findings emphasized the importance of working relationship in the treatment of complex and long-term problems. This has implications for the evaluation of these integrated treatment models which so far mainly focuses on specific interventions.

Details

Advances in Dual Diagnosis, vol. 14 no. 4
Type: Research Article
ISSN: 1757-0972

Keywords

Article
Publication date: 9 August 2021

Mohammed Abbas and Adnan Alghail

The mobile shadow information technology (IT) phenomenon is both completely misunderstood and negatively explored by those participating inside the organizational ecosystem. It…

Abstract

Purpose

The mobile shadow information technology (IT) phenomenon is both completely misunderstood and negatively explored by those participating inside the organizational ecosystem. It represents all internet-based software, any other solutions for communications or employees’ sharing without any formal authorization or approval from the IT department. Such behavior can lead to a security breach of the organization’s data privacy, as these risks could disseminate it without the organization fully knowing. Recent research identifies that shadow IT is rarely covered from the knowledge sharing and knowledge protection (KP) perspective. This paper aims to provide an insight on how mobile shadow IT as a phenomenon could impact KP of an organization as a whole.

Design/methodology/approach

This is an exploratory study based on a qualitative approach. The authors conducted interviews with 11 IT users to answer the main research question. The interview guidelines were divided into three parts: types of mobile shadow IT and occurrence; KP nature in the workplace; and mobile shadow IT impact on KP.

Findings

The research findings identified that most interviewees use mobile shadow IT without any notice or permission from their IT departments. This sharing also negatively impacts the KP in the organization. The most common mobile shadow IT applications are the clouded type like Dropbox, Google Drive and WhatsApp. Interviewees are using mobile shadow IT mainly because organizations do not provide suitable tools to communicate efficiently. The authors concluded that mobile shadow IT harms KP with no security and privacy on what is being shared because this process is unmonitored by the organization.

Practical implications

For adequate knowledge and data protection, IT departments need to take more actions and efforts. This study can help IT decision-makers cope with the technology changes while understanding mobile shadow IT impacts. This study also offers insight regarding types of applications that can be used as an alternative tool for employees rather than using unauthorized applications. This research shows that medium-sized organizations are free to use these applications, which can cause damage to organizations.

Originality/value

This research is arguably among the first to explore the interviewees’ perspectives on how mobile shadow IT impacts KP. This paper also provides theoretical and practical insights by identifying the three primary constructs and how mobile shadow IT usage can affect KP.

Details

VINE Journal of Information and Knowledge Management Systems, vol. 53 no. 4
Type: Research Article
ISSN: 2059-5891

Keywords

Article
Publication date: 24 January 2018

Jonty Tshipa, Leon Brummer, Hendrik Wolmarans and Elda Du Toit

Considering that the Johannesburg Stock Exchange (JSE) has enacted in its Listings Requirements, compliance of listed firms to International Financial Reporting Standards (IFRS…

1909

Abstract

Purpose

Considering that the Johannesburg Stock Exchange (JSE) has enacted in its Listings Requirements, compliance of listed firms to International Financial Reporting Standards (IFRS) and King Code of Good Corporate Governance, this study aims to investigate the impact of internal corporate governance attributes on the value relevance of accounting information in South Africa.

Design/methodology/approach

The fixed effect generalised least squares regression is used for the period from 2002 to 2014. Proxies for internal corporate governance are the size of the board, leadership structure, board activity, staggered board, boardroom independence, presence of key committees and board gender diversity. Value relevance is measured using the adjusted R2 derived from a regression of stock price on earnings and equity book values by following Ohlson’s accounting-based valuation framework.

Findings

The findings suggest that the net asset value per share is value-relevant in South African listed firms and also when the boardroom is largely independent. The value of earnings per share (EPS) is more robust when corporate governance structures, such as separating the roles of chief executive officer and chairperson, proportion of board-independent board members and presence of board committees, are in place. This suggests that EPS favours agency and resource dependence theories.

Practical implications

The value relevance of accounting information in the South African financial market underscores the importance of requisite rules and supervision regarding financial reporting to allow asset owners and managers in the allocation of capital decisions. This study supports the view that corporate governance plays a key role in ensuring, amongst others, credible financial reporting. The outcome of this study could inform the JSE to enforce, even stricter, compliance with IFRS and corporate governance to improve the value relevance of financial information.

Social implications

Significant corporate governance reforms around the world suggest that regulators and policy makers consider corporate governance as a pertinent tonic in ensuring, amongst others, credible financial reporting. The implications of the study might assure users of financial information of how compliance to corporate governance practices may influence the value of the firm. This paper provides empirical evidence in the South African context that EPS, unlike net asset value per share, is driven by corporate governance structures.

Originality/value

The period of this study is unique, because it covers a relatively stable economic period before the financial crisis, a challenging and unstable period of time when the financial crisis materialised, and the aftermath of the financial crisis. In addition, the examination period of the study also covers the two corporate governance reforms in South Africa, King II in 2002 and King III in 2009, as well as the new Companies Act No. 71 of 2008. These exogenous factors may influence the results.

Details

Corporate Governance: The International Journal of Business in Society, vol. 18 no. 3
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 2 March 2010

Yih‐Chearng Shiue, Chen‐Chi Chang, Shing‐Ya Yang and Chun‐An Chen

The purpose of this paper is to develop a reliable and valid measurement of human resource management (HRM) practices and identify the key dimensions based on evidence of the…

1087

Abstract

Purpose

The purpose of this paper is to develop a reliable and valid measurement of human resource management (HRM) practices and identify the key dimensions based on evidence of the multinational corporations (MNCs) in China. The aim of this paper is to investigate the relationship between HRM practices and knowledge transfer.

Design/methodology/approach

This paper involves a questionnaire survey concerning HRM practices, including employee satisfaction, hedonism, and altruism at the organizational level; training and self‐efficiency at the individual level. A quantitative analysis of the questionnaires is conducted through structural equation modeling in order to indicate the direction and relationship between those constructs.

Findings

The results show a striking effect of organizational commitment and individual attitudes on knowledge transfer performance in MNCs.

Originality/value

This paper suggests that organizational commitment and individual attitudes should be conceptualized as being comprised of HRM practices. Further, the results indicate that both commitment and attitudes are needed to facilitate the transfer of knowledge from other parts of the MNC.

Details

Journal of Chinese Entrepreneurship, vol. 2 no. 1
Type: Research Article
ISSN: 1756-1396

Keywords

Article
Publication date: 26 April 2022

Paul Freathy and Iris Thomas

During the 17th century, the Dutch Republic sought to project a positive global image centred around the principles of economic endeavour, moral stewardship and military…

Abstract

Purpose

During the 17th century, the Dutch Republic sought to project a positive global image centred around the principles of economic endeavour, moral stewardship and military resilience. By illustrating one way in which the country sought to communicate its international position, the paper aims to provide an early example of political diplomacy and reputation management.

Design/methodology/approach

Pictorial narratives provide an important but often underutilised insight into our cultural, social and economic history. As works of art were considered legitimate and authoritative forms of communication, their importance can lie beyond any aesthetic accomplishment. Using established iconographic techniques, this paper deconstructs and interprets the meaning contained within a specific genre painting, The Young Mother (1658) by Gerrit Dou.

Findings

Rather than being devoid of meaning, The Young Mother represents a narrative purposely constructed to symbolise the cultural, religious and economic character of the United Provinces. It celebrates success through global trade, innovation and enterprise while simultaneously reminding audiences of the country’s moral and spiritual foundations. Like the patriotic allegory of De Hollandse Maag protecting the sacred space of the hortus conclusus, the painting is a secular representation of the new Loca Sancta.

Originality/value

While acknowledging that The Young Mother has been praised for its visual qualities, this paper maintains that any broader political significance has been largely overlooked. The analysis and findings therefore offer original interpretations from which new conclusions are drawn.

Details

Journal of Historical Research in Marketing, vol. 14 no. 3
Type: Research Article
ISSN: 1755-750X

Keywords

Article
Publication date: 11 February 2019

Hendrik Ploeger, Matthijs Prins, Ad Straub and Robert Van den Brink

A paradigm in circular economy (CE) is that suppliers retain ownership of their products and materials, and that the users “only” pay for services. In many legal systems, however…

1152

Abstract

Purpose

A paradigm in circular economy (CE) is that suppliers retain ownership of their products and materials, and that the users “only” pay for services. In many legal systems, however, elements incorporated in a building are considered to be fixtures, and therefore legally part of the building. This means that ensuring multi-cyclic behaviour of individual building elements (e.g. the facade or a window) is not so evident. This paper explores, from the perspective of Dutch law, how to secure the ownership of the supplier or to find alternatives within the existing system of property law.

Design/methodology/approach

The authors performed a literature review of both CE and (Dutch) property law. The results of these reviews are discussed and illustrated by legal case studies.

Findings

The options principally advocated within CE to retain ownership of building parts leave legal uncertainties and do not offer a solid basis for the development of circular business models, especially considering immovables and fixtures. For these categories, buy-back and take-back contracts, and models for reuse and recycling seem more promising.

Research limitations/implications

The research is limited to a literature review. Although the legal principles discussed in this paper are valid for both civil and common law systems, and similar findings might, therefore, be expected internationally, this study focused on the specific Dutch legal context. Comparative legal research and research of best practices in the building industry is needed to test the applicability of the findings in an international context.

Practical implications

Following the findings, CE initiatives within real estate and the construction industry should focus on alternative implementations of the operational lease concept, taking into account CE’s ambitions to reduce the extraction of raw materials.

Originality/value

At the moment the challenges that property law poses CE, real estate and operational lease are hardly discussed within the literature. This paper explores this gap.

Details

Facilities, vol. 37 no. 9/10
Type: Research Article
ISSN: 0263-2772

Keywords

Article
Publication date: 17 July 2007

Daniëlle A. Groetelaers and Hendrik D. Ploeger

This paper aims to introduce a new view on the role of the lawyer in the process of development and maintenance of the built environment.

Abstract

Purpose

This paper aims to introduce a new view on the role of the lawyer in the process of development and maintenance of the built environment.

Design/methodology/approach

For this paper the research consists of listing and analysing legal questions raised by multiple use of land. A multidisciplinary approach is used from a legal point of view and from a planning development point of view.

Findings

It is argued that law is not only a way of setting boundaries, but also should be stimulating to the development and maintenance of the built environment. This is what we call “juritecture”. The juritect is a designing lawyer; the legal construction is his responsibility. The juritect should have a role in the design process as early as possible, and he should work together with planners and architects. On the one hand, the work of the juritect seems to be that of a legal craftsman. His toolbox consists of instruments of both property law and contract law. On the other hand, the juritect is a legal scholar. By study and discussion of cases and existing law, he opens the doors to further legal development.

Research limitations/implications

This is a first exploratory article on the subject of juritecture. Although it is concluded that this concept will be valid for all legal systems, the article is confined to the continental European Civil legal system and, more specifically, to Dutch law.

Originality/value

This paper introduces the new concept of “juritecture”, which challenges existing views on the role of the lawyer in the built environment.

Details

Structural Survey, vol. 25 no. 3/4
Type: Research Article
ISSN: 0263-080X

Keywords

Article
Publication date: 23 October 2007

Johan Hendrik van Mossel and Ad Straub

This paper aims to provide a systematic connection between the special institutional environment of the Dutch social housing sector, public tasks for the social housing sector…

1285

Abstract

Purpose

This paper aims to provide a systematic connection between the special institutional environment of the Dutch social housing sector, public tasks for the social housing sector, the organisational goals of housing associations, and their procurement strategy for technical management services.

Design/methodology/approach

Based on expert interviews, expert meetings and a literature review, a conceptual model is created that helps focusing the procurement of technical management services.

Findings

For social enterprises such as housing associations, just as all for‐profit enterprises, the determination of strategic organisational directions is essential for success. The literature review revealed few possible strategic focal points for housing associations: financial performances and social performances. The procurement of technical management can contribute shaping these performances. Making the right choices in the supplier selection, based on the strategic focal direction of housing associations, enables housing associations to improve organisational effectiveness.

Research limitations/implications

The research is directed towards the organisational goals of housing associations, while the procurement strategy of housing associations should also be based on the characteristics of the different items that are procured. Further detailed research is needed to decide on appropriate procurement strategies for different products and services purchased by housing associations.

Practical implications

Procurement strategy and in particular supplier selection and specification choices can be adapted to the specific situation of social enterprises, such as housing associations, and be connected to the strategic directions of the individual organisation.

Originality/value

This paper aims at narrowing this knowledge gap, for academics, purchasers and housing associations' general managers.

Details

Property Management, vol. 25 no. 5
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 31 March 2020

Chantal Epskamp-Dudink and Jan Martin Winter

The purpose of this paper is to propose a methodological approach to increase the clearance rate of cold cases in The Netherlands and to contribute to the development of…

Abstract

Purpose

The purpose of this paper is to propose a methodological approach to increase the clearance rate of cold cases in The Netherlands and to contribute to the development of intelligence-driven criminal investigations in general police practice and within cold case investigations in particular.

Design/methodology/approach

This proposal is based on practical investigative experience and academic knowledge.

Findings

Reconstructing scenarios helps convert cold case information into intelligence, which is beneficial to law enforcement agencies in terms of time, resources and prioritising cold cases. Intelligence contributes to the formulation of more effective queries and to a more efficient adaptation of new and existing investigation methods, leading to a higher cold case clearance rate. Moreover, scenario reconstruction creates a link between intelligence and investigation, i.e. between science and practice, which adds to the further development of intelligence-driven investigations.

Practical implications

When carrying out scenario reconstructions, practical implications are expected, as intelligence products are currently not or barely used in practice and science is not yet embedded in the investigational practice.

Originality/value

To move from scenario reconstruction to intelligence-driven criminal investigation, the gap between science and the investigational practice needs to be bridged by persons familiar with both. This study hopes to provide the necessary and relevant impetus to this dialogue.

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