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Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process…

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

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Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the…

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 11 June 2018

Fang Jia, Zhilin Yang and Ling (Alice) Jiang

The purpose of this paper is to examine the importance of channel partners’ government relations within channel performance and explore how institutional factors interact…

Abstract

Purpose

The purpose of this paper is to examine the importance of channel partners’ government relations within channel performance and explore how institutional factors interact to influence channel performance. A theoretical framework, inclusive of hypotheses, is proposed to demonstrate the interaction of government relations and institutional environments on firm performance. Drawing on an institutional perspective, this paper suggests that the effect of partner’s government relations on firm performance is moderated by institutional environment factors, such as government interference, legal protection, and the importance of guanxi.

Design/methodology/approach

This study conducted a questionnaire survey and collected data from 393 Chinese manufacturer managers in China.

Findings

Partner’s government relations increase focal firm’s performance and this effect is moderated by different levels of legal protection. Partner’s government relations increase firm performance only in the context of high-legal protection; whereas, when legal protection is low, partner’s government relations decrease focal firm performance. As for the interaction of institutional factors, legal protection and importance of guanxi, all three moderate the negative effect of government interference on firm performance.

Originality/value

This paper provides insights on how channel partner’s government relations, representing a key institutional capital, interact with institutional environment factors to influence channel performance.

Details

Asia Pacific Journal of Marketing and Logistics, vol. 30 no. 3
Type: Research Article
ISSN: 1355-5855

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Article
Publication date: 10 July 2017

Sheela Sundarasen, Sanjay Goel and Fairuz Ahmad Zulaini

Managers may underprice initial public offerings (IPOs), leading to higher initial returns (IRs). The purpose of this paper is multi-fold: to compensate investors for…

Abstract

Purpose

Managers may underprice initial public offerings (IPOs), leading to higher initial returns (IRs). The purpose of this paper is multi-fold: to compensate investors for risk, to reduce litigation risk, as well as to maintain control over the firm. The authors examine country-level contingencies (degree of investor protection, legal origin and degree of transparency) in OECD countries to explain IPO IRs.

Design/methodology/approach

Cross-sectional data comprising of 4,164 IPOs from 28 OECD countries are used for the period of 2005-2010. Ordinary least square using multiple linear regressions is used to test the hypotheses.

Findings

Investors’ protection is associated with higher IRs. This relationship is stronger in the non-common law countries. Degree of transparency negatively moderates the relationship in common law countries. Overall, the results show evidence of risk compensation, litigation risk reduction, and managerial control motives in underpricing.

Originality/value

IPO IRs in OECD countries is examined, within the boundaries of institutional characteristics, i.e., investors’ protection, legal origin and transparency level.

Details

Managerial Finance, vol. 43 no. 7
Type: Research Article
ISSN: 0307-4358

Keywords

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Article
Publication date: 7 May 2020

Rakesh Belwal, Rahima Al Shibli and Shweta Belwal

Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the…

Abstract

Purpose

Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection.

Design/methodology/approach

This study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the rest of the world in general.

Findings

The study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment.

Research limitations/implications

There is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes.

Practical implications

The mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas.

Social implications

Consumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase.

Originality/value

Consumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general.

Details

Journal of Information, Communication and Ethics in Society, vol. 19 no. 1
Type: Research Article
ISSN: 1477-996X

Keywords

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Article
Publication date: 1 June 2021

Muhammad Usman, Rizwan Shabbir, Aamir Inam Bhutta, Ilyas Ahmad and Ahsan Zubair

The purpose of this study is to identify the impact of legal institutions and property rights protection on corporate innovation among developing countries.

Abstract

Purpose

The purpose of this study is to identify the impact of legal institutions and property rights protection on corporate innovation among developing countries.

Design/methodology/approach

To testify these hypotheses, we use firm-level data from the World Bank Enterprise Survey, and country-level information from Worldwide Governance Indicators, World Development Indicators and Global Competitiveness Reports. The final data set consists of 24,166 firm observations, from 41 developing countries.

Findings

By using a wide range of control variables, the results propose that well-organized legal institutions stimulate corporate innovation . More precisely, a strong rule of law, effective government and protected property rights encourage firm-level innovation. Countries’ rule of law guarantees to solve disputes between parties and provide legitimate rights in case of innovation replication. Rule of law also directs that rules made by policymakers to secure the rights of innovators are well enforced. Moreover, strong property rights ensure innovators that the innovations are protected, and in case of any infringement, the guilty party will be punished and fined.

Originality/value

This study aims to investigate the role of all effective aspects legal institutions and property rights protection on corporate innovation among developing countries. Such security to prevent unlawful duplication will ultimately increase innovation.

Content available
Article
Publication date: 1 August 2019

Alex Lundqvist, Eva Liljeblom, Anders Löflund and Benjamin Maury

The cultural and legal differences between foreign acquirers and African target firms can be substantial. There is also a large variation in cultures and legal systems…

Abstract

Purpose

The cultural and legal differences between foreign acquirers and African target firms can be substantial. There is also a large variation in cultures and legal systems within Africa. However, there is limited research on merger and acquisition (M&A) performance by foreign firms in Africa. The purpose of this paper is to fill this gap by exploring the “spillover by law” hypothesis (Martynova and Renneboog, 2008) that focuses on the influence of the external environment on the governance and performance of foreign M&As in Africa.

Design/methodology/approach

The data set covers 415 M&A transactions by foreign firms in Africa during the period of 1999–2016. Dynamic data covering the country’s legal, cultural and political environment are collected from the World Bank, the Heritage Foundation and Transparency International.

Findings

The authors find that the legal environment significantly affects the returns of bidders on African firms. For complete acquisitions, bidder returns are significantly higher when the bidder’s country has higher shareholder protection and higher creditor protection compared with the target firm’s country. The results show that the effects are significant when there is a full control change (including a change in the target firm’s nationality) but not in the case of partial control transfers. The results are consistent with the “spillover by law” hypothesis.

Originality/value

The authors contribute to the literature on cross-border M&As by separately studying the valuation effects of full, majority and minority changes in control; by being the first study of the legal spillover effects in Africa; and by being the most extensive study of the legal determinants of the valuations of non-African acquirers of African firms.

Details

International Journal of Emerging Markets, vol. 14 no. 5
Type: Research Article
ISSN: 1746-8809

Keywords

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Article
Publication date: 27 September 2019

Otuo Serebour Agyemang, Mavis Osei-Effah, Samuel Kwaku Agyei and John Gartchie Gatsi

This paper aims to examine how country-level corporate governance structures influence the level of protection of minority shareholders’ rights in the context of Africa.

Abstract

Purpose

This paper aims to examine how country-level corporate governance structures influence the level of protection of minority shareholders’ rights in the context of Africa.

Design/methodology/approach

Data are collected from the world competitiveness report for the period 2010-2015. To examine the validity of the study’s hypotheses empirically, the authors use ordinary least squares with correlated panel-corrected standards error (PCSE).

Findings

This paper offers additional empirical evidence on the level of protection of minority shareholders’ rights in Africa. It highlights that country-level corporate governance structures such as efficacy of corporate boards, strength of investor confidence, regulations of securities exchanges and the operation of the Big 4 accounting firms have significant positive impacts on the level of protection of minority shareholders’ rights.

Research limitations/implications

This paper fails to include all African countries because of non-availability of a report for some African countries. Thus, the findings on the level of protection of minority shareholders’ rights in a country are applicable to the countries used in this study.

Practical implications

This paper emphasizes on the relevance of country-level corporate governance structures to ensuring a reasonable level of protection of minority shareholders’ rights.

Originality/value

This paper partially fills the gap regarding the absence of an empirical cross-country study on how country-level corporate governance structures influence the level of protection of minority shareholders’ rights.

Details

Accounting Research Journal, vol. 32 no. 3
Type: Research Article
ISSN: 1030-9616

Keywords

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Article
Publication date: 1 February 2003

J. Carlos Fernández‐Molina

The problems that the great developments in digital information and the Internet are creating for copyright may be partly solved through new legislation as well as through…

Abstract

The problems that the great developments in digital information and the Internet are creating for copyright may be partly solved through new legislation as well as through the implementation of technological systems (generically known as ECMS) that help protect it. These two approaches – legal and technological – interact, as the new copyright laws protect these electronic measures through the prohibition of their circumvention. The contents of the three main legal norms that have regulated this area to date, the US Digital Millennium Copyright Act, the European Directive and the new Australian Copyright Act, are analysed in an attempt to determine what impact they might have on the traditional limitations and exceptions to copyright (fair use/dealing, private copying, library privileges) that benefit libraries, their users and the general public.

Details

Journal of Documentation, vol. 59 no. 1
Type: Research Article
ISSN: 0022-0418

Keywords

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Article
Publication date: 20 May 2019

Nicholas Burton and Cheri Bradish

The purpose of this paper is to explore the development of preventative counter-ambush marketing initiatives and rights protection strategies, providing an historical view…

Abstract

Purpose

The purpose of this paper is to explore the development of preventative counter-ambush marketing initiatives and rights protection strategies, providing an historical view of rights management and the International Olympic Committee’s sponsorship protection initiatives through ambush marketing’s formative years.

Design/methodology/approach

In examining the antecedents and implications of the Canadian Olympic Committee’s (COC) forward-thinking approach to ambush marketing protection, and to explore the development of preventative counter-ambush initiatives, an historical examination of IOC and COC policies and protocols regarding ambushing and sponsorship protection over a 30-year period was undertaken, informing the development of a proposed model of proactive commercial rights management.

Findings

The findings indicate that a progressive shift in the counter-ambush activities of major commercial rights holders may be underway: increasingly, the COC has stressed education and communication as key components of their commercial rights protection strategy, in lieu of enforcing the legal protection provided them by the Olympic and Paralympic Marks Act of 2007. The resultant commercial rights management model proposed reflects this proactive approach, and illustrates the need for events and sponsorship stakeholders to Anticipate, (Re)Act and Advocate.

Originality/value

The study offers a contemporary perspective into counter-ambush strategies within the context of the COC’s brand protection measures and industry practice. The proactive approach to commercial rights management explored represents a significant step in ambush marketing prevention on the part of the COC.

Details

Sport, Business and Management: An International Journal, vol. 9 no. 2
Type: Research Article
ISSN: 2042-678X

Keywords

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