Search results

1 – 10 of over 16000
Article
Publication date: 6 April 2020

Yinjuan Yang

This paper aims to explore how to build firm’s radical innovation capability from its own knowledge resources. It proposes the impact of knowledge base on radical…

Abstract

Purpose

This paper aims to explore how to build firm’s radical innovation capability from its own knowledge resources. It proposes the impact of knowledge base on radical innovation and outlines why and how appropriability regimes are important throughout the radical innovation capability development process.

Design/methodology/approach

Questionnaire and in-depth interviews were used to empirically test the relationship between knowledge base, appropriability regimes and radical innovation capability. To correct for potential endogeneity, a two-stage regression model was used to test the interaction effects

Findings

By examining 237 firms involved in R&D activities in high-tech manufacturing firms in China, this paper finds that when a firm have a deep knowledge base, strategic appropriability regime may reduce concerns about problems such as knowledge leakage and innovation appropriation associated with deep knowledge bases. In contrast, legal appropriability regime will also tend to strengthen the positive effect of knowledge breadth on radical innovation capability.

Research limitations/implications

In this study, self-reported measures are used because of their potential for concept specific accuracy; future research might wish to replicate our model and test it with objective data.

Practical implications

The paper includes implications for the fit between the existing internal knowledge base and the way a firm appropriates from its knowledge, and provides entrepreneurs and managers with direct implications about how to manage knowledge resources for radical innovation capability development.

Originality/value

This paper provides a more nuanced understanding of how knowledge base and value appropriability mechanisms jointly affect radical innovation capability development.

Details

VINE Journal of Information and Knowledge Management Systems, vol. 51 no. 3
Type: Research Article
ISSN: 2059-5891

Keywords

Book part
Publication date: 22 March 2022

David Hasen

Regulators can adjust penalties to compensate for incomplete monitoring of regulated parties that are subject to legal rules, but compensating penalty adjustments often…

Abstract

Regulators can adjust penalties to compensate for incomplete monitoring of regulated parties that are subject to legal rules, but compensating penalty adjustments often are unavailable when regulated parties are subject to legal standards. Incomplete monitoring consequently invites greater noncompliance under standards than under rules. This chapter develops a model that quantifies some of the specific tradeoffs that regulators face in designing standards regimes under incomplete monitoring. The model also considers the extent to which suboptimal compliance due to incomplete monitoring is likely to result in deadweight loss in different settings.

Details

The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring
Type: Book
ISBN: 978-1-80262-002-3

Keywords

Book part
Publication date: 17 March 2010

Mihaela Şerban Rosen

This chapter examines the survival of private property during the early transition to communism in Romania at the intersection of state policies, ideologies, and legal

Abstract

This chapter examines the survival of private property during the early transition to communism in Romania at the intersection of state policies, ideologies, and legal practices. It focuses on petitions contesting urban housing nationalization in the city of Timişoara between 1950 and 1965. I argue that petitions are partially successful acts of microresistance through law that contested the communist regime's concept of private property, played a role in halting further urban housing nationalization, undermined the regime's attempts at building legitimacy through legality, and challenged ideas about legal instrumentalism in a communist system.

Details

Special Issue Interdisciplinary Legal Studies: The Next Generation
Type: Book
ISBN: 978-1-84950-751-6

Article
Publication date: 16 October 2018

Gemma Caballé Fabra

The “condohotel” is a type of condominium, which is most commonly used in tourist buildings, such as hotels, where investors can buy a private room/unit and offer it to a…

Abstract

Purpose

The “condohotel” is a type of condominium, which is most commonly used in tourist buildings, such as hotels, where investors can buy a private room/unit and offer it to a hotel company, which manages the “condohotel” and offers the units to guests through an accommodation contract. According to the Spanish regions called autonomous communities that provide a special legal framework for “condohotels”, room owners are also permitted to use their units for a specific period. However, residential use is prohibited. In exchange, the hotel company pays a part of its profit to those owners. This paper aims to analyse how the “condohotel” regime works in Spain and what the main weaknesses are that explain its limited success, despite the importance of the real estate and tourist sectors and the popularity of the condominium regime in this country.

Design/methodology/approach

In this paper, the complex concept of “condohotel” is explained. The role of the participating parties is examined along with the supplementary legal regimes that are applied to identify the reasons why it has had a limited success and how its regulation could be improved.

Findings

This paper identifies the changes that are needed to address the relative failure of this regime in Spain, as “condohotels” can be an attractive type of alternative accommodation for someone interested in hotel services or for retired people who want to stay some months of the year in the beautiful and sunny Spain with all the amenities of a hotel or for those who need to live in a place for a few months for work reasons.

Research limitations/implications

This paper identifies different contracts to cede private units to hotel company. However, further research is necessary to identify which contract is the best option or if it could be a mixture of them.

Originality/value

The “condohotels” facilitate becoming an owner of a hotel room or unit of another tourist establishment under the condominium regime. However, the unit can only be used for tourist purposes. Despite this limitation, “condohotels” might potentially be used not only as a second residence or a tourist solution but also as a temporal housing solution or as an investment to obtain some extra income. Thus, it is worthwhile improving the legal framework and offering more legal certainty to the parties that intervene in this regime.

Details

Journal of Property, Planning and Environmental Law, vol. 10 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Book part
Publication date: 21 September 2020

Araceli Ortega-Díaz

This chapter analyses the relationship between individuals’ poverty situation and conjugal status (divorced, separated, in a free union, or legally married) from 1996 to…

Abstract

This chapter analyses the relationship between individuals’ poverty situation and conjugal status (divorced, separated, in a free union, or legally married) from 1996 to 2014. It describes different marriage property regimes that exist in state laws in Mexico. Couples living in free union are found to be poorer than those legally married, indicating that marriage may help to protect families more than cohabitation laws. When comparing divorced men and women, women show higher signs of being poorer than men; this could be because the law establishes that the assets in case of divorce accrue to whoever works and pays for them, and given that many women work in the unpaid sectors, men are the owners of the assets. Having no consideration of these facts in the law may create poverty with gender bias in the case of divorce. Additionally, there is lack of data in administrative records of marriage and divorce about couples’ assets, children, and employment status before and after the marriage, so we discuss the importance that in a near future this could be register to facilitate law and policy-makers identifying what contributes to create poverty with gender bias as a results of family laws, and correct them.

Details

Advances in Women’s Empowerment: Critical Insight from Asia, Africa and Latin America
Type: Book
ISBN: 978-1-83982-472-2

Keywords

Article
Publication date: 20 July 2010

Marco Arnone and Leonardo Borlini

The purpose of this paper is to present an empirical assessment and outline issues in criminal regulation relating to international anti‐money laundering (AML) programs.

3541

Abstract

Purpose

The purpose of this paper is to present an empirical assessment and outline issues in criminal regulation relating to international anti‐money laundering (AML) programs.

Design/methodology/approach

In the first part, this paper outlines the serious threats posed by transnational laundering operations in the context of economic globalization, and calls for highly co‐ordinated international responses to such a crime. The second part of the paper centres on elements of international criminal regulation of ML.

Findings

The focus is on the phenomenological aspect of ML and highlights that to a large extent it is an economic issue. Economic analysis calls for an accurate legal response, with typical trade‐offs: it should deter criminals from laundering by increasing the costs for such illicit operations, calling for enhanced regulatory and enforcement activities; however, stronger enforcement yields increased costs and reduces privacy. These features have lately inspired the recent paradigm shift from a rule‐based regulatory framework to a risk‐based approach which still represents an extremely delicate regulatory. Both at the international level and within the single domestic legal system, AML law is typically characterised by a multidisciplinary approach combining the repressive profile with preventive mechanisms: an empirical evaluation of the International Monetary Fund‐World Bank AML program is presented, where these two aspects are assessed. The non‐criminal measures recently implemented under the auspices of the main inter‐governmental public organisations with competence in these fields seem to be consistent with the insights of economic analysis. However, some key criminal issues need to be better addressed.

Originality/value

The paper offers insights into international AML programs, focusing on criminal regulation.

Details

Journal of Money Laundering Control, vol. 13 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Content available
Article
Publication date: 26 February 2021

Thu Thi Hoai Tran and Louis De Koker

The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to…

Abstract

Purpose

The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on money laundering and terrorist financing, set by the Financial Action Task Force and relevant international conventions that Vietnam ratified. To limit the scope of this paper, the analysis focuses on the confiscation of proceeds of domestic crimes that do not require international legal assistance. This paper concludes with recommendations for improving the legal framework on criminal asset recovery in Vietnam.

Design/methodology/approach

This is a doctrinal study that considers the applicable legal framework. This study is supported by brief case studies of major cases involving the confiscation of proceeds of crime.

Findings

Vietnam has a functioning asset confiscation regime but gaps in the law, lack of financial investigation expertise and lack of focused investigative attention on asset preservation and confiscation are hampering its effectiveness. The key gaps can easily be closed with appropriate amendments to the law. These reforms should be combined with a dedicated skills development program to produce sufficient number of financial investigation experts and criminal asset management experts to support the regime. The training should extend to judicial officers to ensure an appropriate understanding of the asset confiscation law. Reforms such as these should follow on a comprehensive review of Vietnam’s law and practices relating to the confiscation and forfeiture of criminal assets. This review should extend to assets linked to the financing of terrorism and proliferation to ensure that Vietnam has a comprehensive regime to deal with criminal assets.

Research limitations/implications

This paper draws on publicly available information regarding the confiscation of proceeds of crime in Vietnam. Little data is available on asset confiscation and that prevents an in-depth assessment of the regime.

Originality/value

This paper highlights gaps in the current asset confiscation regime and proposes reforms and approaches that will ensure a more effective asset confiscation regime for Vietnam.

Details

Journal of Money Laundering Control, vol. 24 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 March 2004

Kai Krüger

Markets for public contracting are in the process of transition. Various public/private partnership arrangements replace conventional purchasing, especially within the…

Abstract

Markets for public contracting are in the process of transition. Various public/private partnership arrangements replace conventional purchasing, especially within the local and regional government area. Municipal entities may not be in a position to define their needs up-front because they would not have the overview of what the market may have to offer. So one should ask: Is the traditional ban-on-negotiations in mandatory tender procedures (sealed bidding) - such as it is in EU public procurement law - counter-effective to genuine best value for public money? The article displays significant differences between European Union (EU) law, U.S. law and other regimes such as United Nations Model law, The World Trade Organisation’s Government Procurement Agreement (WTO/GPA), The International Bank for Reconstruction and Development (IBRD), and the NAFTA (North American Free Trade Agreement). New avenues for public/private demand a new agenda and the recent EU 2004 directive scheme attempts to respond to the market challenges. The author accepts that the new directive on public contracting facilitates a more smooth approach than in current EU law with regard to high-tech complicated contract awards, but questions whether the ’competitive dialogue’ really can afford tailor-made solutions to cope with long-term public/private partnership arrangements of the kind now spreading all over Europe

Details

Journal of Public Procurement, vol. 4 no. 3
Type: Research Article
ISSN: 1535-0118

Article
Publication date: 2 May 2017

Prosper Simbarashe Maguchu

This study aims to analyse the effects of the Presidential Powers (Temporal Measures), amendment to the Money Laundering and Proceeds of Crime Act to include legal

Abstract

Purpose

This study aims to analyse the effects of the Presidential Powers (Temporal Measures), amendment to the Money Laundering and Proceeds of Crime Act to include legal practitioners under the list of designated non-financial business and professions.

Design/methodology/approach

The study is a textual analysis of anti-money laundering legislation [anti-money laundering (AML) legislation] within the context of legal practice in Zimbabwe.

Findings

The amendment put Zimbabwe on the international standard in the fight against money laundering, as legal practitioners have become a soft target for money laundering. Despite its noble aim, in Zimbabwe there is anecdotal evidence that the AML legislation turns lawyers into watchdogs or law enforcement agents. On the contrary, the amendment prevents lawyers from falling to the mercy of organised criminals and money launderers. Furthermore, there is a dearth of empirical research that can demystify the impact of some of the provisions of this law on contested issues, such as legal professional privilege.

Research limitations/implications

This study aims to outline the rationale for anti-money laundering policy and law. This study will analyse how the issue has been approached in other jurisdictions such as England and Wales. The paper will then try to establish coherent principles in the prevention of money laundering. This study will also suggest a number of recommendations as to how Zimbabwe could approach some of the issues while still considering the need to balance competing influences of legal privilege and money laundering regulations.

Practical implications

The paper will bring this issue to the fore and initiate an informed debate, as well as provide practical talking points for legal practitioners to embrace the AML regime and to engage policymakers on the issues that need reform.

Originality/value

This paper provides the first in depth analysis of the money laundering legislation in the legal fraternity in Zimbabwe and goes to offer practical tips and entry points on the application of the regulations or for advocacy towards any reform as might be needed.

Details

Journal of Money Laundering Control, vol. 20 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 22 June 2018

Sumit K. Majumdar and Arnab Bhattacharjee

Literature, spanning industrial organization and strategic management disciplines, uses variance decomposition to understand the relative importance of firm, industry and…

Abstract

Purpose

Literature, spanning industrial organization and strategic management disciplines, uses variance decomposition to understand the relative importance of firm, industry and business group effects in shaping profitability variations. Some literature analyzes firm profitability under transition to liberalization. Previous research has taken a static before-and-after view on institutional change. This paper aims to focus on the dynamic process of liberalization in India, analyzing how different institutional regime changes alter firm behavior leading to changes in profitability patterns.

Design/methodology/approach

Based on a panel data set of several thousand Indian firms, spanning the 26-year period between 1980-1981 and 2005-2006, the authors determine the relative importance of firm, industry and business group effects in explaining manufacturing firms’ profitability variances across different institutional phases. The authors evaluate three propositions that help assess transition dynamics between phases. They determine the quantum of catch-up or falling behind by firms.

Findings

Different industries emerge as profitability leaders, as the economy progresses through different liberalization phases. Business groups that have been more effective in resource appropriation, rent-seeking, politician management and non-market activities in a controlled regime are replaced as profit leaders by those that, in a free-market economy, can be capable of intra-business resource allocation tasks and leveraging corporate capabilities.

Originality/value

The approach demonstrates how to analyze the underlying detailed structure of firm-level data, and performance outcomes, to derive nuanced interpretation of factors giving rise to the effects that explain profitability variances, and how to assess the way these effects behave over time. The dynamic evidence-based approach highlights what factors matter, where, when and why, in influencing profitability variances, which are a key dimension of industrial and economic performance.

Details

Indian Growth and Development Review, vol. 11 no. 2
Type: Research Article
ISSN: 1753-8254

Keywords

1 – 10 of over 16000