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1 – 10 of over 19000This paper explores different approaches to regulating corporate social responsibility (CSR) patterns of adopting codes of conduct, and discusses the approach that courts should…
Abstract
Purpose
This paper explores different approaches to regulating corporate social responsibility (CSR) patterns of adopting codes of conduct, and discusses the approach that courts should embrace.
Design/methodology/approach
Case studies from various legal systems will be examined. The paper presents new typology relating to different patterns of the Corporate Social Performance (CSP) model, based on aspects of the CSR pyramid, namely, legislative CSR and ethical CSR. Legislative CSR includes adoption of thin codes which reflect compliance within current legal standards of the criminal code, while ethical CSR includes codes reflecting ethical norms and corporate social citizenship beyond mere compliance. The paper also includes the interplay of different patterns of CSR and three approaches to regulation regarding these patterns.
Findings
Both the Israeli negative CSR regulatory approach and the American legislative CSR regulatory approach present difficulties.
Originality/value
The paper introduces a theory for regulating CSR within criminal law, drawing on the pyramid of CSR. It presents an original discussion of distinct approaches to regulation of corporate liability, while further developing the institutional theory of CSR and the interplay of regulation and CSR. The paper suggests a novel solution regarding the regulation and acceptance of CSR: the granting of protection from criminal liability to corporations who adopt CSR.
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The purpose of this study is to explore legislative kleptocracy, specifically, budget padding, in Nigeria’s budding democracy, using systems thinking approach for a positive…
Abstract
Purpose
The purpose of this study is to explore legislative kleptocracy, specifically, budget padding, in Nigeria’s budding democracy, using systems thinking approach for a positive social change. Nigeria’s legislature is not free from the problem of kleptocracy inasmuch as some legislators have been charged with kleptocratic activities. The multifariousness of kleptocracy rooted in its differential coefficient in the Nigeria’s legislature does not underplay its sophistication.
Design/methodology/approach
In this qualitative analysis, the author generated data through a systematic analysis of documents.
Findings
The findings show that unexplored organismic factors or forces within the living being such as the inability of legislators to control their mind, low self-control, cheating propensity, identity crisis, etc., play vital roles in contributing to legislative kleptocracy.
Research limitations/implications
The main limitation of the study is that it is not generalizable.
Practical implications
The practical implication of the study is that implementation of the study recommendations is pragmatic, cost-effective and time-effective, and it would ensure legislative transformation and mitigate kleptocracy.
Social implications
The social implication of the study is if the Nigerian legislature implements the recommendation(s) of the study, there will be a legislative positive social change because financial crimes would have been mitigated.
Originality/value
This study filled the lacuna in the financial crime literature because it is the first of its kind in the discipline, and hence its originality cannot be disputed.
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To describe the 5th May 2006 ECOFIN conclusions on supervisory convergence and explain why they represent a new departure for European financial services work.
Abstract
Purpose
To describe the 5th May 2006 ECOFIN conclusions on supervisory convergence and explain why they represent a new departure for European financial services work.
Design/methodology/approach
The article outlines the 6th 2006 ECOFIN conclusions relating to supervisory convergence. It then reviews EU developments relating to supervisory convergence from the 2001 Lamfalussy Process onwards as context for the conclusions. Finally, in the light of the review and the description of the conclusions it draws some conclusions about the likely implications for further developments in the EU in relation to EU supervisory convergence.
Findings
The principal findings are that supervisory convergence is likely to increase due to enhanced political backing with member state finance ministries and regulators taking a leading role.
Research limitations/implications
As this is the first paper on the ECOFIN conclusions there is considerable scope for ongoing research to establish the extent to which the predictions in the paper prove to be justified by future developments.
Practical implications
The ECOFIN conclusions represent a departure from EU financial services work focused on a legislative programme, the Financial Services Action Plan, to a programme focusing on improving cross‐border relationships between supervisors. This has important implications for the key European actors and gives a strong role to national finance ministries and supervisors. The practical implications will be enhanced cooperation between national supervisors on a cross‐border basis. The paper argues for strong financial services industry involvement in this.
Originality/value
The value of the paper is twofold – Its primary value is as the first academic analysis of the ECOFIN conclusions and as a predictor of their likely influence on EU institutional balance in the financial services area. Secondly it is a useful review of the main developments with regard to EU supervisory convergence over the five years 2001‐2006 – something which, to be the best of my knowledge, has not previously been carried out in the academic literature.
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Monique Ischi and Johannes Rath
Most research ethic review procedures refer to the principles of safety and security only as sub-criteria of other ethical principles such as the protection of human subjects in…
Abstract
Most research ethic review procedures refer to the principles of safety and security only as sub-criteria of other ethical principles such as the protection of human subjects in research, thereby ignoring the public good aspect of safety and security. In addition, Research Ethics Review Committees (RECs) are usually dominated by philosophers, ethicists, medical doctors, and lawyers with limited practical backgrounds in safety and security risk management. This gap of knowledge restricts ethics reviews in carrying out project-specific safety and security risk management and defers this responsibility to lawmakers and national legal authorities. What might be sufficient in well-regulated and well-understood environments, such as the safety of individuals during clinical research, is insufficient in managing rapidly changing and emerging risks – such as with emerging biotechnologies – as well as addressing the public good dimension of safety and security.
This chapter considers governance approaches to safety and security in research. It concludes that legal mechanisms are insufficient to cope with the complexity of and the fast progress made in emerging technologies. The chapter also addresses the role and potential of research ethics as a safety and security governance approach. It concludes that research ethics can play an important role in the governance of such risks arising from emerging technologies, for example through fundamental rights and public good considerations. However, in reality the current capacity of ethics in the safety and security governance of emerging technologies is limited. It is argued that in newly emerging areas of research currently applied legal compliance–based approaches are insufficient. Instead, inclusion of fundamental risk management knowledge and closer interactions between scientists, safety, and security experts are needed for effective risk management. Safety and Security Culture provide frameworks for such interactions and would well complement the current legal compliance–based governance approaches in research ethics.
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The purpose of this paper is to assess West African countries’ approach to address the issue of domestic violence (DV) in order to identify limitations and suggest policy…
Abstract
Purpose
The purpose of this paper is to assess West African countries’ approach to address the issue of domestic violence (DV) in order to identify limitations and suggest policy measures. The paper situates DV in West Africa in the context of international literature and examines the question: what are the limitations of approaches to combating DV in West Africa and what is the way forward? The paper focusses on Ghana as a case example of efforts at addressing DV in West Africa. This is because Ghana is a pioneer among the very few West African countries that have developed a legislative cum policy framework to combat DV. A critical review of Ghana’s approach provides useful lessons for the way forward on policy against DV in the West Africa subregion.
Design/methodology/approach
The methodology adopted consists of a survey of existing literature – theoretical and empirical – on DV in the international and Ghanaian contexts, a critical reflection on Ghana’s DV law, and synthesis of the emerging knowledge combined with familiarity with the context to make policy suggestions. A general review of literature on DV provides background understanding of the phenomenon globally and in the context of West Africa. Then an examination of Ghana’s law against DV helps to identify the limitations of the legislative approach. Finally, the paper makes suggestions on how to combat DV in West Africa at large.
Findings
There is a high prevalence of DV in West Africa, particularly violence against women, although men also experience it. Some countries in the subregion, Ghana being an example, have adopted a legislative approach to deal with the problem. This approach criminalizes DV and requires victims or witnesses to report to the police. Perpetrators may be arrested and arraigned before a court and, if found culpable, fined or imprisoned while victims are promised protection and subsistence. The legislative approach is reactionary and cold, requiring reporting of violence even though this is not culturally expedient. The approach also frustrates victims who are willing to report by being cumbersome and costly. Finally, the approach is not built on any notable theory of DV.
Research limitations/implications
The findings reported in this paper are based on secondary information. As a result, the analysis and conclusions are limited to what could be drawn from the documents reviewed and the experience of the author.
Practical implications
The paper suggests specific measures for combating DV in West Africa. These include setting up a national taskforce on DV to coordinate actions and activities toward ending violence, using traditional, and religious leadership structures to campaign against DV, designing mentoring groups for men and women who are preparing to get into marriage, using social workers instead of the police to support victims of violence, institutionalizing assessment and care for DV victims at the hospital, and setting up funding for DV research. These measures could go a long way in combating DV in West Africa.
Originality/value
This critical assessment of the legislative approach to combating DV in West Africa is about the first of its kind and therefore makes an original contribution to the literature. Also, the specific measures suggested in the paper are rare in reviews of its kind and therefore offers something of great value to policy makers and professionals in West Africa.
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Chester S. Labedz, Steven A. Cavaleri and Gregory R. Berry
This paper aims to critically examine through a knowledge management lens the existing “art” of public policy making, suggesting instead an approach intended to improve knowledge…
Abstract
Purpose
This paper aims to critically examine through a knowledge management lens the existing “art” of public policy making, suggesting instead an approach intended to improve knowledge processes and reduce unintended injurious consequences of legislating.
Design/methodology/approach
Drawing on pragmatic philosophy and limited government precedents, the authors identify and recommend the implementation of a prospective legislative impact statement requirement by and for the U.S. Congress. They suggest the development and the potential KM utility of the PLIS based on a brief case study of the 2009 American “cash for clunkers” incentive program.
Findings
The authors conclude that development and application of such prospective legislative impact statements is feasible and that they may support the statement and testing of dynamic hypotheses relating to the prospective effects of policies under government consideration.
Research limitations/implications
Pragmatic knowledge‐based scholarship is extended by integrating system dynamics and adaptive management approaches, and it acquires prominent governance relevance through this research.
Practical implications
Rigorous integrative government consideration of pending legislation, and ongoing assessment of consequences of enacted laws, could be systematized under this proposal.
Social implications
PLIS requirement extends knowledge process over the legislating process, thereby tempering current “legislative art” practices and wisely benefiting the polity.
Originality/value
This paper offers a practical solution to a wicked KM problem: improving the quality of knowledge in non‐hierarchical policy‐making groups, especially those in government.
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Moira Catania, Mark J. Baimbridge and Ioannis Litsios
The objective of this study is to understand the budgetary role of national legislatures in euro area (EA) countries and to analyse implications for fiscal discipline.
Abstract
Purpose
The objective of this study is to understand the budgetary role of national legislatures in euro area (EA) countries and to analyse implications for fiscal discipline.
Design/methodology/approach
Building on the budget institutions literature, a legislative budgetary power index for all the 19 euro area (EA) countries is constructed using Organisation for Economic Co-operation and Development (OECD) and European Commission data as well as data generated from questionnaires to national authorities. A two-way fixed effects panel data model is then used to assess the effect of legislative budgetary power on the budget balance in the EA during 2006–2015.
Findings
Overall, in the EA, formal legislative powers vis-à-vis the national budgetary process are weak, but there is more legislative involvement in Stability and Growth Pact (SGP) procedures, and legislative budgetary organisational capacity is generally quite good. In contrast to the traditional view in the budget institutions literature, this study’s empirical findings show that strong legislative budgetary power does not necessarily result in larger budget deficits.
Research limitations/implications
Data on legislative budgeting were available from different sources, and time series data were very limited.
Practical implications
There is scope to improve democratic legitimacy of the national budgetary process in the EA, without necessarily jeopardising fiscal discipline.
Originality/value
The constructed legislative budgetary power index covers all the 19 EA countries and has a broad scope covering various novel institutional characteristics. The empirical analysis contributes to the scarce literature on the impact of legislative budgeting on fiscal discipline.
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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 of…
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.
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The Westminster Parliament is multifaceted, lacks cohesion and collective direction, appearing at times to challenge the very notion of a structured public institution itself…
Abstract
Purpose
The Westminster Parliament is multifaceted, lacks cohesion and collective direction, appearing at times to challenge the very notion of a structured public institution itself. Within an environment with little collective identity, understanding who leads in the UK Parliament is challenging; there are multiple, contestable sites of leadership and governance. The purpose of this article is to explore the understudied concept of legislative leadership, to better understand what goes on inside the legislature. The author presents a decentred and nuanced disaggregation of “leadership as practice” in parliament, examining three faces of legislative leadership.
Design/methodology/approach
Interpretive approaches to studying legislatures have presented new impetus to research in this area and the author utilises such anti-foundationalism. The article draws on ethnographic research into “everyday practices”, conducted during an academic fellowship in the UK Parliament from 2016 to 2019, which involved privileged access to the parliamentary estate. The data used include observations, shadowing and elite interviews collected during the fellowship.
Findings
By looking at the legislature from the inside, the author can better understand elite behaviour. This helps to explain motives, daily pressures and performative skills deployed in displays of autonomous, decentred leadership. The legislative leadership the author observed was atomised and could be stretched to accommodate the incumbent office holder. There were multiple relationships both formally constituted and informally constructed, but little collaborative or consensus leadership.
Originality/value
This article fulfils an identified need to study leadership in legislatures – and in particular key elites – from the inside.
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Rui J. P. de Figueiredo and Geoff Edwards
We show that, in the US telecommunications industry, market participants have a sophisticated understanding of the political process, and behave strategically in their allocation…
Abstract
We show that, in the US telecommunications industry, market participants have a sophisticated understanding of the political process, and behave strategically in their allocation of contributions to state legislators as if seeking to purchase influence over regulatory policy. We find that interests respond defensively to contributions from rivals, take into account the configuration of support available to them in both the legislature and the regulatory commission, and vary their contributions according to variations in relative costs for influence by different legislatures. This strategic behavior supports a theory that commercially motivated interests contribute campaign resources in order to mobilize legislators to influence the decisions of regulatory agencies. We also report evidence that restrictions on campaign finance do not affect all interests equally. The paper therefore provides positive evidence on the nature and effects of campaign contributions in regulated industries where interest group competition may be sharp.
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