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Article
Publication date: 24 January 2023

Ambareen Beebeejaun

The rise in business activities coupled with free trade liberalisation across countries has entailed an increase in securities transaction as well as insider trading (IT). In

Abstract

Purpose

The rise in business activities coupled with free trade liberalisation across countries has entailed an increase in securities transaction as well as insider trading (IT). In fact, IT is characterised by the influence and usage of some prior knowledge concerning sensitive information of a corporate body which results in a financial benefit to the insider trader. The practice of IT is not only unethical but also illegal and this statement is witnessed by the mushrooming of laws across the globe categorising IT as an offence. However, the type of punishment varies in different countries depending on various factors. Consequently, the purpose of this paper is to assess the adequacy and efficiency of IT laws in the context of a developing country being Mauritius.

Design/methodology/approach

To achieve the research objective, the Mauritian laws on IT were compared with the corresponding laws of some developed countries like the USA and the UK. As such, a qualitative research method was adopted. In particular, the black letter approach was used to examine the relevant laws of Mauritius, UK and USA on IT. A comparative analysis was conducted concerning IT laws for each country with the view of suggesting recommendations for Mauritian stakeholders to adopt to enhance the existing legal and regulatory framework on IT.

Findings

It was found that Mauritian IT laws are largely inspired from both the US and UK corresponding legislation. However, Mauritian laws need to be strengthened by imposing some more severe penalties in terms of fines and terms of imprisonment like the USA has established. The Mauritian Financial Services Commission as the regulator also needs to play a more active role in disseminating particularities of IT laws, offences and penalties to the civil society at large.

Originality/value

At present, this study will be among the first academic writings on the efficiency of IT laws in Mauritius and also, because existing literature is quite scarce on assessing the adequacy of IT legislation in developing countries, this research aims at filling in the gap in literature. The study is carried out with the aim of combining a large amount of empirical, theoretical and factual information that can be of use to various stakeholders and not only to academics.

Article
Publication date: 3 August 2012

Rahul Bhaskar, Bhushan Kapoor and Joseph Sherif

This paper aims to analyze provisions in the existing US laws and government directives for deployment, vigilance and persistence in managing homeland security.

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Abstract

Purpose

This paper aims to analyze provisions in the existing US laws and government directives for deployment, vigilance and persistence in managing homeland security.

Design/methodology/approach

Within about a year after the September 11 terrorist attacks, the US Congress passed various new laws and the executive branch of the government issued a series of directives to maintain domestic security. The approach of the study is to analyze the provisions of the laws and the directives with an aim of seeing how these will enable risk management considering that the resources are not unlimited.

Findings

The existing laws and directives enhance the ability of the USA to manage domestic incidents by establishing a single, comprehensive national incident management system. However, the major impediment to risk management is currently the lack of ability to share critical information among federal, state, local, tribal, public and private sector organizations. The government and private sectors should work together to form partnerships and to improve the flow of information. To make risk management processes truly effective, people need to be educated on their advantages and disadvantages so that they can use such tools appropriately to help them prioritize and allocate resources.

Originality/value

The paper advances research and strategies to manage homeland security and eliminate or at least reduce the risk of terrorist attacks.

Article
Publication date: 1 June 1999

Rocco R. Vanasco

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing…

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Abstract

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing profession, but also in international law. The Acts raised awareness of the need for efficient and adequate internal control systems to prevent illegal acts such as the bribery of foreign officials, political parties and governments to secure or maintain contracts overseas. Its uniqueness is also due to the fact that the USA is the first country to pioneer such a legislation that impacted foreign trade, international law and codes of ethics. The research traces the history of the FCPA before and after its enactment, the role played by the various branches of the United States Government – Congress, Department of Justice, Securities Exchange commission (SEC), Central Intelligence Agency (CIA) and the Internal Revenue Service (IRS); the contributions made by professional associations such as the American Institute of Certified Public Accountants (AICFA), the Institute of Internal Auditors (IIA), the American Bar Association (ABA); and, finally, the role played by various international organizations such as the United Nations (UN), the Organization for Economic Cooperation and Development (OECD), the World Trade Organization (WTO) and the International Federation of Accountants (IFAC). A cultural, ethical and legalistic background will give a better understanding of the FCPA as wll as the rationale for its controversy.

Details

Managerial Auditing Journal, vol. 14 no. 4/5
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

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Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 February 1998

Rocco R. Vanasco

This paper examines the role of professional associations, governmental agencies, and international accounting and auditing bodies in promulgating standards to deter and detect…

27131

Abstract

This paper examines the role of professional associations, governmental agencies, and international accounting and auditing bodies in promulgating standards to deter and detect fraud, domestically and abroad. Specifically, it focuses on the role played by the US Securities and Exchange Commission (SEC), the American Institute of Certified Public Accountants (AICPA), the Institute of Internal Auditors (IIA), the Institute of Management Accountants (IMA), the Association of Certified Fraud Examiners (ACFE), the US Government Accounting Office (GAO), and other national and foreign professional associations, in promulgating auditing standards and procedures to prevent fraud in financial statements and other white‐collar crimes. It also examines several fraud cases and the impact of management and employee fraud on the various business sectors such as insurance, banking, health care, and manufacturing, as well as the role of management, the boards of directors, the audit committees, auditors, and fraud examiners and their liability in the fraud prevention and investigation.

Details

Managerial Auditing Journal, vol. 13 no. 1
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 1 February 1998

Philip Summe and Kimberly A. McCoy

Throughout the history of commerce, individuals have searched for informational advantages that will lead to their enrichment. In a time of global capital markets, 24 hours a day…

Abstract

Throughout the history of commerce, individuals have searched for informational advantages that will lead to their enrichment. In a time of global capital markets, 24 hours a day trading opportunities, and a professional services corps of market experts, informational advantages are pursued by virtually every market participant. This paper examines one of the most vilified informational advantages in modern capital markets: insider trading. In the USA during the 1980s, insider trading scandals occupied the front pages of not only the trade papers, but also quotidian tabloids. Assailed for its unfairness and characterised by some as thievery, insider trading incidents increased calls for stricter regulation of the marketplace and its participants. In the aftermath of the spectacular insider trading litigation in the USA in the late 1980s, many foreign states began to re‐evaluate the effectiveness of their own regulatory structures. In large part, this reassessment was not the produce of domestic demand, but constituted a response to American agitation for increased regulation of insider trading.

Details

Journal of Financial Crime, vol. 5 no. 4
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 9 May 2016

H. Frank Cervone

Information professionals are increasing called upon to provide access and services for information that, by its nature, must be restricted to certain uses or classes of…

740

Abstract

Purpose

Information professionals are increasing called upon to provide access and services for information that, by its nature, must be restricted to certain uses or classes of individuals. This paper aims to explore the six major compliance regulations in the USA that information professionals should have a basic understanding of to manage a restricted information environment effectively.

Design/methodology/approach

This paper is a general review of laws and requirements in the USA related to information security that may affect information professionals in their work.

Findings

The world of information security is complex and there are multiple laws, guidelines and standards that apply. For information professionals managing or deploying digital repositories or information archives, all of these need to be considered because plans and systems are being developed. Information professionals will increasingly be called upon to lend their expertise to emerging preservation problems related to restricted data, so understanding the basics of information security law is a requirement to successful information practice.

Originality/value

This is the first general overview of this area of information practice.

Details

Digital Library Perspectives, vol. 32 no. 2
Type: Research Article
ISSN: 2059-5816

Keywords

Abstract

Details

Responsible Investment Around the World: Finance after the Great Reset
Type: Book
ISBN: 978-1-80382-851-0

Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…

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Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 9 October 2019

Sevil Sönmez and Asli D.A. Tasci

Despite ample attention to perceived risk and its consequences on tourist behavior, characteristics of travelers who are anti-gun or pro-gun have received little attention in

Abstract

Purpose

Despite ample attention to perceived risk and its consequences on tourist behavior, characteristics of travelers who are anti-gun or pro-gun have received little attention in tourism literature. This study aims to investigate anti-gun and pro-gun attitudes and their correlates for Florida, a state with relatively relaxed gun laws as well as significant tourism activity.

Design/methodology/approach

Qualtrics survey design tools were used to design a structured questionnaire, which was then administered to a random sample of registered survey takers on MTurk. A total of 1,692 cases were analyzed with SPSS Version 24.0.

Findings

Results revealed that gender, education level, ethnicity, visitor experience, and personality traits of emotion-based decision-making and risk-seeking influence travelers’ tendency for anti-gun or pro-gun attitudes toward Florida as a destination. In turn, these attitudes were found to be related to perception of risks in Florida, its perceived safety and desirability as a travel destination and visitor satisfaction and likelihood of repeat visitation.

Originality/value

Leniency in gun laws has been a concern for the safety in the USA for local residents and tourists alike; however, there is a lack of attention on the characteristics of anti-gun and pro-gun individuals and their likely behavior related to a tourist destination with relaxed gun laws. Thus, the current study investigated who are likely to be anti-gun or pro-gun and what are their likely behaviors towards such a destination, Florida in the USA. The current study initiates this dialogue to explore uncharted territory in tourism research.

Details

Tourism Review, vol. 75 no. 2
Type: Research Article
ISSN: 1660-5373

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