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Article
Publication date: 4 January 2008

Luiz de Andrade Filho

This essay aims to examine the relationship between socio‐economic forces and drug‐related organised crime in Brazil. It focuses on both judicial structures and social service…

1379

Abstract

Purpose

This essay aims to examine the relationship between socio‐economic forces and drug‐related organised crime in Brazil. It focuses on both judicial structures and social service delivery to illustrate how they impact the shaping of criminal networks – a recurrent situation in many Latin American countries.

Design/methodology/approach

Drawing from previous research on drug trafficking conducted for Amazonian states and the cities of Rio de Janeiro and Sao Paulo, this paper takes the viewpoint put forward by key development literature along with well established works on crime and corruption in order to conclude on interactions of important political, social and economic factors with crime.

Findings

It finds that some transformations introduced during the 1980s are a crucial element to understand the building up of criminal organisations. Furthermore, the absence of an effective judicial system, the lack of social service delivery by the government and cultural factors are central elements to take into account when seeking to address drug‐related crime.

Practical implications

A balance between positive and negative measures to combat organised crime and a better understanding of the institutional environment should be sought while designing public policies to address crime in Brazil. Moreover, further research is needed in order to gather a greater amount of reliable data, as well as an accurate appraisal of different strategies to prevent organised crime to broaden its incidence in the country.

Originality/value

The paper is a good starting point for those aiming to comprehend how organised crime operates in Brazil (and possibly in some Latin American countries).

Details

Journal of Financial Crime, vol. 15 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Executive summary
Publication date: 14 July 2021

ARGENTINA: Arms claims will raise crossed accusations

Details

DOI: 10.1108/OXAN-ES262799

ISSN: 2633-304X

Keywords

Geographic
Topical
Article
Publication date: 11 July 2016

Jean A. Berlie

The Macau Special Administrative Region (MSAR) of the People’s Republic of China (PRC) has a unique identity. This study is based on a long period of research undertaken between…

Abstract

Purpose

The Macau Special Administrative Region (MSAR) of the People’s Republic of China (PRC) has a unique identity. This study is based on a long period of research undertaken between 1995 and 2014. Permanent residents, the Chinese of Macau and all other MSAR residents constitute a body of model “citizens” which makes their legal identity understandable in the MSAR’s present social and economic context. Macau’s legal identity is based on centuries of trade and commerce. In Article 5 of the first chapter (I-5) of the MSAR’s Basic Law, the “way of life” in Macau’s society and economy are recognized as part of the MSAR’s legal framework. However, social change may play an important role in Macau’s development. The purpose of this paper is to look at the legal corpus as though it was a physical body with rights and duties, but also capabilities based on the nationality and residence statuses of its citizens, its companies and other entities (which will be studied more specifically in following articles).

Design/methodology/approach

This study has used the combined approaches of fieldwork carried out between 2010 and 2015, interviews, and questionnaires.

Findings

Way of life and the concept of One Country, Two Systems are key points that contribute to Macau’s contemporary identity. Way of life in the Basic Law constitutes a complex matrix formulation based on a series of particular facts and cultural traits, which leads to a better legal definition of important concepts such as nationality and residency in the particular case of Macau. The Basic Law is the constitutional law of the MSAR, but “Chineseness” still dominates the locals’ identity from day to day. More than 65 percent of the interviewees in the survey asserted their “Chineseness.” However, both Chinese and Portuguese, will continue to be official languages of Macau until 2049. The MSAR’s Chinese society speaks Cantonese and increasingly Putonghua, but it does not seem concerned by communicating using the Portuguese language. Clayton’s thesis emphasized the “unique cultural identity” of the MSAR and wrote that what made the Chinese of Macau “different from other Chinese, is the existence of a Portuguese state on Chinese soil.” Portuguese cultural tolerance is not mentioned, but it is a historical fact that has influenced Macau’s legal identity. The MSAR’s government has done its best to harmonize Macau’s multicultural society and it has particularly protected the Sino-Portuguese way of life in Macau.

Practical implications

To apply the law and maintain the existing harmony in its society and economy, legal actions have had to be taken by the Macau government and courts. The courts of the MSAR are structured in three levels and have final powers of adjudication, except in very narrow political areas. The judicial system includes the following courts, from the highest to the lowest: the Court of Final Appeal, the Court of Second Instance and the Court of First Instance (Tribunal de Primeira Instância).

Originality/value

This research is unique inasmuch as studies of legal identities focussed on large regions such as the MSAR of China are rare.

Details

Asian Education and Development Studies, vol. 5 no. 3
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 17 May 2022

Fouad Jamaani, Manal Alidarous and Esraa Alharasis

This study aims to examine the impact of the International Financial Reporting Standards (IFRS) mandate and differences in national institutional quality on the underpricing of…

Abstract

Purpose

This study aims to examine the impact of the International Financial Reporting Standards (IFRS) mandate and differences in national institutional quality on the underpricing of Initial Public Offering (IPO) companies.

Design/methodology/approach

Multiple Difference-in-Differences (DiD) ordinary least squares estimations were conducted for 100 corporations listed on the Saudi Arabian stock market using country-level institutional quality data from 2005 to 2017.

Findings

IFRS requirements and improvements in institutional quality have a combined effect on minimizing IPO underpricing. The analysis of the combined impact of IFRS requirements and differences in transparency revealed that IPO vendors leave $5 on average for IPO investors to cash out post the IFRS mandate, compared to $29 previously. Thus, IFRS serves as a quality certification instrument that alleviates IPO investors’ ex ante uncertainties, even in nations with undeveloped institutions.

Practical implications

The findings may be beneficial to researchers and policymakers. The results suggest that institutional quality enhancements and obligatory IFRS implementation highlight IFRS’s synergistic influence on the IPO market. While European harmonization efforts drove the adoption of IFRS in Europe in 2005, Saudi Arabia’s adoption of IFRS is not being driven by such initiatives (Daske et al., 2008; Persakis and Iatridis 2017). In reality, when IFRS was officially imposed in Saudi Arabia in 2008, it, like many other emerging market nations, made considerable reforms to its formal institutions. However, research on the combined impact of IFRS and disparities in institutional quality in emerging IPO markets remains sparse. Emerging markets represent more than half of economies that use IFRS. Therefore, to the best of the authors’ knowledge, this study is the first to conduct an empirical investigation to identify this combined effect in emerging countries using the DiD analytical technique. Equity market legislators remain concerned regarding IPO underpricing, as it has a detrimental influence on economic growth (Bova and Pereira, 2012; Jamaani and Ahmed, 2021; Mehmood et al., 2021). Depending on the degree of information asymmetry in national stock markets, underpricing costs increase the cost of going public for entrepreneurs. Consequently, prospective private firms are discouraged from accessing equity financing through the stock markets. This is likely to impede private sector development plans, causing a negative effect on economic growth.

Originality/value

Emerging countries represent over 50% of the IFRS mandating economies. However, there is insufficient research on the combined effect of IFRS requirements and improvements in institutional quality in developing IPO markets. To the best of the authors’ knowledge, this study is the first empirical attempt to identify this combined effect in one of the largest developing countries. The results may aid academics and policymakers in better understanding the interaction between these two variables.

Article
Publication date: 13 May 2020

Shaomin Li and Matthew Farrell

Answering the call to study important issues in the real world (Buckley et al., 2017; Delios, 2017; Phan, 2019), and motivated by the trade war between the US and China, the…

Abstract

Purpose

Answering the call to study important issues in the real world (Buckley et al., 2017; Delios, 2017; Phan, 2019), and motivated by the trade war between the US and China, the authors look beyond it to examine the more fundamental issues behind it. From a political economy perspective, the authors examine the interplay of government, society and firms in China to identify new phenomena that may impact business with, and research on, China.

Design/methodology/approach

A multi-case qualitative method is used to present and analyze evidence and develop our arguments. Specifically, we use scholarly sources, anecdotal evidence, reports, statistics and government documents and policies to support our arguments.

Findings

After four decades of economic reform, the Chinese Communist Party (CCP) controls every aspect of the society. Living, working and doing business are not a right but a privilege granted by the party. To a great degree, state-owned firms are business units/subsidiaries, and private/foreign firms are franchisees of the party, with the party leader being the CEO of China, Inc. The interplay between China and other countries is essentially a competition between a huge corporation and other states.

Practical implications

At the firm level, our study suggests that for MNCs dealing with Chinese firms, they need to know that Chinese firms are units of China, Inc. Practitioners should take into account the long-term strategic goals of the CCP as well as business considerations when dealing with Chinese partners or competitors.

Social implications

At the country level, our study shows that other countries dealing with China must be aware that they are dealing with a huge corporation.

Originality/value

That the CCP runs China as a corporation is a new perspective that will help the international community reexamine global competition.

Details

International Journal of Emerging Markets, vol. 16 no. 4
Type: Research Article
ISSN: 1746-8809

Keywords

Article
Publication date: 6 May 2014

Gary L. Moore

This paper aims to analyze thoroughly all of the sources of research used to develop the money laundering (ML) and terrorist financing (TF) low-risk rating, a rating attained by…

Abstract

Purpose

This paper aims to analyze thoroughly all of the sources of research used to develop the money laundering (ML) and terrorist financing (TF) low-risk rating, a rating attained by Norway according to the Basel Institute of Governance, and determine the reasons why Norway is one of only two countries in the world according to the 2012 report, with the other being Estonia, to gain an overall low-risk ML and TF rating.

Design/methodology/approach

The differences between the USA and Norway which has obtained a low-risk ranking, were compared and contrasted.

Findings

Beginning with the Basel Institute Rating index as a legitimate source for use in assessing anti-money-laundering (AML)/TF risk, and the amount of documentation used in the index’s methodology, it has been proven that the low-risk rating Norway has received is well deserved, and that the US rating of medium risk is also deserved for the time the report was published. Achieving a low-risk rating is not as ambiguous as recently thought and neither is its application on a global scale.

Originality/value

The paper identifies practical areas of improvement and concerns in addressing the overall issue of ML and terrorist financing.

Details

Journal of Money Laundering Control, vol. 17 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 December 2004

Marina Shin, Madina Zhanuzakova, Stanislav Kim and Lada Mirzalieva

Proposes this research is seeking to combine the theory and practice of judicial independence based in Western notions of the “Rule of Law”, modern developments of this doctrine…

Abstract

Proposes this research is seeking to combine the theory and practice of judicial independence based in Western notions of the “Rule of Law”, modern developments of this doctrine in the documents and laws of both Uzbekistan and Kazakhstan.

Details

Managerial Law, vol. 46 no. 6
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 12 March 2018

Md. Rafiqul Islam Hossaini

The purpose of this paper is to analyse the legendary decision of the Appellate Division of the Supreme Court of Bangladesh. Apart from this, the author’s aim is to analyse the…

Abstract

Purpose

The purpose of this paper is to analyse the legendary decision of the Appellate Division of the Supreme Court of Bangladesh. Apart from this, the author’s aim is to analyse the constitutional interpretation done by the Higher Judiciary of the Country. Another aim of this note is to simplify the decision of this case for the understanding of the mass people and law students.

Design/methodology/approach

To conclude this paper, both qualitative and analytical methods have been used.

Findings

In this paper, a summarized fact of the case has been presented. In addition to that, decision of the High Court Division in the Writ petition has been simplified with six simple points. Moreover, major arguments submitted by both the Appellant’s and Respondent’s Lawyers have been summarized. Decision of the Appellate Division has been simplified with 12 simple points along with the reasoning behind the judgement.

Research limitations/implications

In this paper, only the case of Secretary, Ministry of Finance vs Md. Masdar Hossain and Others has been studied and analysed in depth.

Practical implications

This paper will mainly help the Law and Social Science students for simply understanding the decision and the reasoning behind the decision of the case. Apart from that, this case noting will help both academics and legal professionals to study this case within a short period.

Social implications

This paper will help mass people who want to study about this case to simply understand the case in depth. In addition to that, people will get known about the procedure hoe the subordinate judiciary of Bangladesh became independent.

Originality/value

This conceptual paper is the original piece of work and is not under review in any other journal. This paper has not been published previously in any other journal.

Article
Publication date: 8 February 2011

Pranab Kumar Panday and Awal Hossain Mollah

The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the…

2676

Abstract

Purpose

The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the society. The paper depicts the history and evolution of the judicial system in Bangladesh from ancient period to present day.

Design/methodology/approach

The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government orders, rules, acts, newspaper reports, etc. Relevant literature has also been collected through internet browsing.

Findings

The major findings of this paper are: there is a well‐organized court system in Bangladesh which is in fact the replica of the system introduced by British rulers and it is widely accepted in the original Constitution of Bangladesh. The ancient judicial system was not based on rule of law rather on caprice and caste consideration. The executive branch of government always attempts to control the judiciary through different mechanisms, which include the appointment, tenure and discipline of judges from ancient period. Therefore, the independence of judiciary is vulnerable from ancient time to present day and even after separation of the judiciary from the executive (November 2007) the interference of the executive over the judiciary is still continuing.

Practical implications

This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of judiciary.

Originality/value

The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.

Details

International Journal of Law and Management, vol. 53 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 3 August 2015

Kyung-Jin Hwang and Kan Wang

The purpose of this paper is to explore China’s labour dispute arbitration system reform through analysing the degree to which it has attained its stated objectives – notably…

2007

Abstract

Purpose

The purpose of this paper is to explore China’s labour dispute arbitration system reform through analysing the degree to which it has attained its stated objectives – notably, independence, justice, efficiency and professionalism – from the perspectives of the arbitrators, previously ignored in research on China.

Design/methodology/approach

This paper used a mixed research method using questionnaires and interviews. Questionnaires were sent to all full-time labour dispute arbitrators in Beijing, China with a useable response rate of 71 per cent. Additionally, qualitative semi-structured interviews were conducted with 24 key stakeholders involved in the arbitration process.

Findings

Instead of establishing an impartial platform, the arbitration system endeavours to promote the state’s capacity to rule over labour relations. Its recent reform excluded arbitrational independence owing to concerns about reducing the Chinese Communist Party’s arbitrary power. Arbitrational justice was perceived to improve through case resolution efficiency, which made arbitrators minimise arbitration time, partly because of high caseloads but largely because of their key performance indicators. Quality of arbitration was compromised. The arbitrators understood the spaces and boundaries of the reform, and focused on increasing professionalism to enable them to more fluidly manoeuvre between the different political economic interests, above safeguarding labour rights.

Research limitations/implications

The questionnaire size was too small for regression analysis. Future research should expand the sample sizes and conduct cross-regional studies.

Practical implications

In 2008, China undertook an arbitrational system reform – probing its practical influence contributes to the authors understanding about the changing institutional environment of Chinese labour relations.

Originality/value

As a pilot study on labour dispute arbitrators, this research presents the dynamics of the Chinese labour dispute resolution mechanism.

Details

Employee Relations, vol. 37 no. 5
Type: Research Article
ISSN: 0142-5455

Keywords

21 – 30 of over 3000