Search results

The paper aims to describe the challenges faced by a developing country (case of Indonesia) in the effort to improve the quality of national construction industry through “certification” requirement for professionals and skilled labors. It also aims to identify root problems and propose a recommendation for rethinking the “certification” systems. Indonesia's experiences can be regarded as lessons learned by other developing countries struggling to strengthen their construction industries.

The study is based on an exploratory study including a focus group discussion with stakeholders representing the various professional associations, construction company associations (contractors and consultants), the Ministry of Manpower, and the Ministry of Public Works. An analysis based on the findings about implementation issues of “certification” requirement resulted in the identification of the root problems and the recommendation for restructuring the system.

The paper provides empirical insights about how “certification” requirement for all professionals and skilled labors have been implemented in a developing country. Although the requirement seemed to be tactical, it resulted in a circumstance in which there are numerous types of highly specialized certificates/licenses. The mechanism in the administration of these licenses has been problematic because of institutional issues, i.e. the extensive authority of the Construction Services Development Board and the inadequate controls from the government.

The recommendations may lack details and practicality, while the recommendation for rethinking and restructuring requires changes of fundamental conceptions in all stakeholders.

The paper includes recommendations for the development of Indonesia's construction industry. The recommendations include the distinction between voluntary and mandatory certificates, putting more authority back to the government in the administration of the mandatory certificates/licenses, and the establishment of an independent licensing board. Other developing countries can learn from Indonesia's experience.

This paper fulfils an identified need to rethink the certification/licensing system.

Construction defects in residential buildings are causing significant impacts both on consumers and the industry. As a consequence, several countries have established new home warranty schemes. However, designing a public policy for domestic building warranties can become a difficult task. In fact, many of these programs in the past have failed, collapsed or gone bankrupt. Therefore, the purpose of the current research is to provide a systematic comparative representation of various active programs internationally.

The methodology relied on a multiple-case study research design. The case selection covered a total of nine jurisdictions with compulsory home warranty programs. Those included Japan, France, United Kingdom, three provinces in Canada (Ontario, British Columbia and Alberta), and three states in Australia (New South Wales, Victoria and Queensland). The study applied a data collection protocol to gather all the evidence in a replicable manner for each individual case. Subsequently, a cross-case analysis was conducted to identify similarities and variations between programs.

The findings unveiled institutional practices that aimed to resolve, compensate, or rectify defects in residential constructions within these countries. The review mostly suggested that every home warranty program presents certain unique characteristics. At the end, this paper proposed an analytical illustration representing the diversification of components adopted by each jurisdiction.

Nowadays, there is still not a consensus within the academic community on what is an optimal solution when conceiving a new home warranty program. Hence, the current study aims to fill this knowledge gap by presenting the plurality of methods employed by several countries. This paper seeks to help policy makers and industry leaders to improve their home warranty scheme based on awareness derived from observations and analyses of what has been accomplished elsewhere in the world.

This paper aims to give a snapshot of the copyright and neighboring rights law of the United Arab Emirates (UAE), illustrating the provisions governing the law. It seeks to frame UAE copyright provisions within the context of the principles of copyright and the structure of international copyright protection.

The article begins with an overview of copyright laws. It highlights the central issues of concern to education, librarianship, and scholarship, depicting the complexity that the digital era has brought on copyright doctrines. It then explains the exclusive rights granted under the law, showing its orientation toward the civil law tradition with its emphasis on moral rights.

The author observes that a key effort to making practical sense of copyright in this region entails educating key communities, and emphasizing the importance of copyright limitations and exceptions pertaining to educational institutions and libraries. He advocates for applying copyright to the advantage of academic and research communities, and offers strategies strengthening the right of use in favor of these communities. Understanding the concepts and principles of copyright will make these communities proponents of sound copyright policies that will safeguard the promotion of learning and the right of public access, while still protecting intellectual property rights.

There has not been any discussion in the library literature on copyright in the UAE and other Gulf Cooperation Council (GCC) members – Bahrain, Kuwait, Oman, Saudi Arabia, and Qatar. Therefore, this case study of the UAE copyright and neighboring rights law aims to provoke such discussion. It should be useful to the whole library community, and particularly those in the UAE and other GCC countries.

This paper aims to utilize institutional theory to examine the impact of the 2008-2010 regulatory reforms on compliance with mandatory disclosures by savings and credit co-operatives (SACCOs) in Kenya.

Two-stage least squares panel regression approach is utilized to analyse data covering 1,272 firm-year observations for 212 SACCOs over a six-year period, 2008-2013. An analysis of the pre- and post-regulation impacts on compliance with mandatory disclosure requirements is also performed.

The results, which are in support of the institutional theory, reveal that licensed SACCOs engage in higher compliance with mandatory disclosures, and this improves from the pre- to the post-regulation period. The results show that SACCOs under inquiry engage in lower compliance with mandatory disclosure requirements, especially in the post-regulation period. The findings also reveal a significant and positive association between SACCO size, co-operative governance and compliance with mandatory disclosure requirements.

The study focuses on transition-level SACCOs in a single country. An extension into other jurisdictions with nascent, transitional and mature SACCOs would provide greater insights into the impact of disclosure regulation. Further, the study uses a self-constructed disclosure checklist which is subject to coding errors and biases.

The findings highlight the need for SACCO regulators and accounting professional body to devise incentives to improve the level of compliance with required disclosures.

The study contributes to the dearth of evidence on the efficacy of the introduction of mandatory disclosure requirements in a developing country where compliance is problematic because of difficulties with enforcement.

This paper aims to explore the copyright laws of Saudi Arabia, illustrating the provisions governing the law. It seeks to outline Saudi Arabia copyright law within the framework of the international copyright protection, which include the Berne Convention and the TRIPS agreement.

The paper is a thorough scrutinizing of the legal provisions of the Saudi Copyright Laws in regard to protected works, author's exclusive rights, lawful use of copyrighted works and the exceptions, mandatory licenses, duration of protection, provisions of infringements and penalties. The highlighted issue is concerning the exceptions in regard to public interest, particularly relating to education purposes.

The paper finds that the Saudi Arabia Copyright Laws have met the requirement of the international copyright laws. The conditions for mandatory license and the 12 exceptions which permit lawful usage of copyrighted work under the copyright law without seeking the permission of the author are also in line with the international copyright laws, as public interest is the paramount consideration in exercising these exceptions.

There is lack of study on copyright law in the Saudi Arabia per se. Therefore, this study on the Saudi Arabia copyright laws seeks to fill in this gap and to provoke further discussion on this issue. It should be useful to the academic community, particularly in the Saudi Arabia and the Gulf Cooperation Council countries.

Criminal law has dramatically expanded since the 1970s. Despite popular and academic attention to overcriminalization in the United States, empirical research on how court actors and, in particular, prosecutors, use the legal tools associated with overcriminalization is scarce. In this chapter, we describe three forms of overcriminalization that, in theory, have created new tools for prosecutors: the criminalization of new behaviors, mandatory minimum sentencing statutes, and the internal expansion of criminal laws. We then use a unique dataset of felony filings and dispositions in Florida from 1995 to 2015 to test a series of hypotheses examining how overcriminalization influences prosecutorial practices given three changes to the political economy during this time: the decline in violent and property crime, the Great Recession, and a growing call for criminal justice reform. We find that prosecutors have been unconstrained by declining crime rates. Yet, rather than rely on new criminal statutes or mandatory minimum sentence laws, they maintained their caseloads by increasing their filing rates for traditional violent, property and drug offenses. At the same time, the data demonstrate nonviolent other offenses are the top charge in almost 20% of the felony caseload between 2005 and 2015. Our findings also suggest that, despite reform rhetoric, filing and conviction rates decreased due to the Recession, not changes in the law. We discuss the implications of these findings for criminal justice reform.

The purpose of this paper is to provide an overview of applied hospital quality assurance (QA) policies in Iran.

A mixed method (quantitative data and qualitative document analysis) study was carried out between 1996 and 2010.

The QA policy cycle forms a tight monitoring system to assure hospital quality by combining mandatory and voluntary methods in Iran. The licensing, annual evaluation and grading, and regulatory inspections statutorily implemented by the government as a national package to assure and improve hospital care quality, while implementing quality management systems (QMS) was voluntary for hospitals. The government’s strong QA policy legislation role and support has been an important factor for successful QA implementation in Iran, though it may affected QA assessment independency and validity. Increased hospital evaluation independency and repositioning, updating standards, professional involvement and effectiveness studies could increase QA policy impact and maturity.

The study highlights the current QA policy implementation cycle in Iranian hospitals. It provides a basis for further quality strategy development in Iranian hospitals and elsewhere. It also raises attention about finding the optimal balance between different QA policies, which is topical for many countries.

This paper describes experiences when implementing a unique approach, combining mandatory and voluntary QA policies simultaneously in a developing country, which has invested considerably over time to improve hospital quality. The experiences with a mixed obligatory/voluntary approach and comprehensive policies in Iran may contain lessons for policy makers in developing and developed countries.

This paper aims to investigate the views of landlords and agents on the voluntary scheme, along with their opinions of the Welsh Government’s proposals to make accreditation compulsory for landlords and agents renting or letting in Wales. This paper is based on a conference paper given in India at the RICS COBRA 2013 Conference. Landlord Accreditation Wales (LAW) is a voluntary accreditation scheme for landlords and agents operating within the private rented sector (PRS) in Wales. When it launched in 1999, it was a pioneering accreditation scheme offering voluntary rather than legal regulation of the Welsh PRS.

A questionnaire, designed and developed in partnership with LAW, was sent out nationwide. All the landlords and agents on file were sent the questionnaire by LAW. This was followed up by reminder e-mails, along with the promotion of this national project at locally run landlord and agent events. The research provides a snapshot and coverage of the views of landlords and agents connected to LAW only.

The PRS in Wales, as with the rest of Britain, still suffers from negative imagery because of the behavior of a minority of agents and landlords that operate poor housing management practices and standards. While on the whole popular amongst landlords and agents, voluntary regulation is unlikely to tackle these issues effectually. Accordingly, the Welsh Government intends to make registration and accreditation within the PRS compulsory. The results of this empirical study show that the LAW scheme has positive effects on the standards and practices of a number of landlords and agents. The proposal to have mandatory registration and accreditation in Wales has not been met with overwhelming support from landlords and agents. Instead, there are significant pockets of uncertainty about, and resistance to, the introduction of legal regulation within the PRS.

The research contributes to the existing literature surrounding the regulation of the PRS by providing a distinctive insight into the views of landlords and agents on voluntary accreditation within the PRS in Wales as well as examining their opinions on the proposal to impose mandatory accreditation throughout the Sector.

This chapter considers the current standards that exist for the conduct of research and whether these standards are being met. Issues of scope and terminology are discussed and debated. Also considered are the reasons and benefits to the Academy of Social Sciences and other professional and disciplinary bodies by being involved in developing generic ethics principles in social science research.