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1 – 10 of over 49000
Article
Publication date: 11 April 2022

Tanjina Sharmin and Emmanuel Laryea

This paper aims to examine the prospect for international investment disputes in the aftermath of the COVID-19 pandemic due to measures implemented by the Australian government to…

Abstract

Purpose

This paper aims to examine the prospect for international investment disputes in the aftermath of the COVID-19 pandemic due to measures implemented by the Australian government to tackle the pandemic.

Design/methodology/approach

Doctrinal research. Contains qualitative analysis.

Findings

This paper finds that claims based on the protections in the International Investment Agreements (IIAs) signed by Australia are unlikely to succeed and that Australia’s COVID-19 measures can be justified as necessary measures under the general and security exception clauses included in more recent IIAs and under customary international law.

Originality/value

In the context of the COVID-19 pandemic, scholars have written papers apprehending possible claims by international investors against emergency measures adopted by host countries to face the pandemic which might also have damaged the interest of the foreign investors. The existing literature is too vague and general. To the best of the authors’ knowledge, this is the first paper that draws some specific conclusions in this regard applicable to the COVID-19 regulatory measures taken by Australia. While the existing literature projects the possibility of such investor claims, this paper argues that at least no such claim would succeed against the COVID-19 measures taken by Australia.

Details

Journal of International Trade Law and Policy, vol. 21 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Open Access
Article
Publication date: 7 March 2023

Howard Chitimira and Sharon Munedzi

Customer due diligence measures that are employed in the United Kingdom (UK) to detect and combat money laundering are discussed. The UK adopted a progressive regulatory and…

2228

Abstract

Purpose

Customer due diligence measures that are employed in the United Kingdom (UK) to detect and combat money laundering are discussed. The UK adopted a progressive regulatory and enforcement framework to combat money laundering which relies, inter alia, on the use of customer due diligence measures to regulate and curb the occurrence of money laundering activities in its financial institutions and financial markets. However, other regulatory measures that could have contributed to the effective combating money laundering in the UK will not be explored in detail since the article is focused on the reliance and use of customer due diligence measures to curb money laundering activities. Accordingly, the strength, flaws and weaknesses of the UK anti-money laundering regulatory and enforcement framework are examined. Lastly, possible recommendations to address such flaws and weaknesses are provided.

Design/methodology/approach

The paper discusses customer due diligence measures that are used in the UK to detect and combat money laundering.

Findings

It is hoped that policymakers and other relevant persons will use the recommendations provided in the paper to enhance the curbing of money laundering in the UK.

Research limitations/implications

The paper does not provide empirical research.

Practical implications

The study is useful to all policymakers, lawyers, law students and regulatory bodies in the UK.

Social implications

The study seeks to curb money laundering in the UK society globally.

Originality/value

The study is original research on the use of customer due diligence measures to detect and combat money laundering in the UK.

Details

Journal of Money Laundering Control, vol. 26 no. 7
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 18 October 2019

Vitor Branco Oliveira and Clara Raposo

This paper aims to examine the relationship between regulation, market discipline and banking distress.

Abstract

Purpose

This paper aims to examine the relationship between regulation, market discipline and banking distress.

Design/methodology/approach

To address the empirical question put forward above, a multivariate logit model is applied to an international sample of 586 banks from 21 European countries in the period between 2000 and 2012. To give robustness to the results, different variables have been used to test the role played by market discipline and regulation as well as an alternative methodology known as duration/survival analysis.

Findings

It can be found that market discipline is a good indicator in signalling banking distress, that is, market discipline has penalized more banks with a higher likelihood of being in distress. Nonetheless, as broadly acknowledged, market discipline was not sufficient per se to avoid banking distress in Europe. With regard to regulation, this paper evidences that the adoption of other regulatory measures beyond the simple transposition of changes occurred in the EU Directives such as borrower-based measures and limits on pre-emptive exposures’ concentration, have contributed toward reducing the probability of distress of EU banks, showing that the introduction of this kind of measures was necessary and relevant. In addition, in this paper, it can be found that the NPL ratio, size, capital (including the well-known regulatory capital ratio, as well as the novel leverage ratio which discards the risk weights present in the former one) and liquidity are good indicators of banking distress which lead us to conclude that the new regulatory framework known as Basel III is on the right path to mitigate the probability that a new banking crisis similar to the last one takes place again.

Research limitations/implications

The first limitation regards the period of time chosen, that is, from 2000 to 2012, empirically neglecting, to some extent the important regulatory changes occurred after the aforementioned period. Nonetheless, as mentioned in the Data and Methodology section, the period ends in 2012 because it is difficult to flag a reasonable number of banks’ bailouts afterwards, to properly run the type of model used in this paper. The second limitation is the fact that the possible changes in the risk management and risk assessment by institutions and in the behaviour of investors, acknowledge as weak and inappropriate before the on-set of the global financial crisis, albeit very relevant, are not in the scope of this paper.

Practical implications

Despite the welcomed changes performed by regulators so far, some aspects are not complete yet and new areas deserve more empirical work and attention by the regulators and supervisors. Some of them stem directly from the results obtained from this paper such as the enhancement and a close monitoring of the current Pillar 3 framework the increase of the adoption of more targeted tools, in a more preemptive way, to counter the build-up of risks and the implementation of the leverage ratio.

Originality/value

In the aftermath of the financial crisis, the identification of leading indicators signalling emerging risks to the banking system has become a major priority to central banks and supervisory authorities. As a consequence, several studies have formulated the aim of analysing predictive characteristics of a set of macroeconomic variables, such as GDP Growth, Credit-to-GDP, Inflation, M2-to-GDP, among others. Other studies take a different perspective and complement the analysis with bank-specific risk indicators. Nonetheless the aforementioned studies do not consider the relationship between regulation and market discipline and banking distress. This is the gap the authors wanted to fill, and this assessment is the main contribution of this paper.

Details

Studies in Economics and Finance, vol. 37 no. 1
Type: Research Article
ISSN: 1086-7376

Keywords

Article
Publication date: 30 August 2011

Kara Chan, Gerard Prendergast, Alice Grønhøj and Tino Bech‐Larsen

This article aims to examine young consumers' perceptions of healthy eating, contexts where healthy or unhealthy eating are practiced, and their evaluation of regulatory measures

1484

Abstract

Purpose

This article aims to examine young consumers' perceptions of healthy eating, contexts where healthy or unhealthy eating are practiced, and their evaluation of regulatory measures that discourage the consumption of unhealthy foods in two different markets.

Design/methodology/approach

A convenience sampled survey was conducted of 386 Danish and Chinese adolescents using a structured questionnaire.

Findings

Results showed that perceptions of healthy eating were generally based on concepts such as balance and moderation. Unhealthy eating was most frequently practiced at parties and in festive periods. Hong Kong respondents were more likely to associate eating habits with healthy eating than Danish respondents. Danish respondents were more likely to practice healthy eating at schools than Hong Kong respondents. Making tanks of cold water freely available everywhere was perceived to be most effective in discouraging the consumption of soft drink. There were age, gender and market differences in attitudes toward selected regulatory measures that discourage the consumption of soft drinks.

Research implications

Health educators and public health campaign designers should design health communication messages that target different perceptions of unhealthy eating, as well as different unhealthy eating contexts. Policy makers should be aware of the difference in local environmental conditions when designing regulations to encourage healthy eating.

Originality/value

The study is an innovative attempt to examine adolescents' perception of healthy eating and attitudes toward food regulatory measures in more than one consumer market.

Details

Young Consumers, vol. 12 no. 3
Type: Research Article
ISSN: 1747-3616

Keywords

Article
Publication date: 14 March 2008

Yong Jin Park

The purpose of this study is to examine the congruence between policy supply and demand in Internet privacy as moderated by culture.

1254

Abstract

Purpose

The purpose of this study is to examine the congruence between policy supply and demand in Internet privacy as moderated by culture.

Design/methodology/approach

This study consists of the two parts. The first part qualitatively examines policy harmonization efforts among Asian‐Pacific nations. The second part, based on survey findings, quantitatively analyzes differences between the US and Korean college students in regulatory attitudes toward information privacy. The aim, drawing on regime theory as a departure, is to measure the policy genesis and its effectiveness in operation.

Findings

The findings are two‐fold. First, contrary to the expectations, the notions of online privacy rights among the Korean respondents are strongly formed, with the regulatory demands widely shared with the US participants. Second, however, there exists a gap between the beliefs of information privacy rights and daily practices – the duality far more magnified among the Korean respondents.

Practical implications

The results suggest the incongruence of the consensus between the two levels – of policymakers and of online users of different cultures.

Originality/value

While most studies focus on internet policy genesis alone, this paper measures the policy effectiveness in its consumption to capture the operation of cultural values in everyday practices. Policy implications and alternatives for developing nations are discussed in the specific context of Asian‐Pacific nations.

Details

info, vol. 10 no. 2
Type: Research Article
ISSN: 1463-6697

Keywords

Article
Publication date: 28 July 2021

Md. Zahurul Haq, Zainal Amin Ayub, Zuryati Mohamed Yusoff and Md Abdul Awal Khan

This paper aims to critically explore the factors influencing the regulation of gambling and cryptocurrencies as part of anti-money laundering (AML) initiatives in Bangladesh. As…

Abstract

Purpose

This paper aims to critically explore the factors influencing the regulation of gambling and cryptocurrencies as part of anti-money laundering (AML) initiatives in Bangladesh. As a member of the Asia/Pacific Group on money laundering, Bangladesh must adopt a risk-based approach to regulate these entities.

Design/methodology/approach

This study applied an exploratory design and investigated the real nature of the challenge Bangladesh facing in adopting a risk-based approach to regulate gambling and cryptocurrencies.

Findings

This study demonstrates that current regulatory responses towards gambling and cryptocurrencies in Bangladesh are largely influenced by passive wait-and-see policy instead of a proactive risk-based approach, a measure mandated by the Financial Action Task Force (FATF). It demonstrates that these financial entities, which are poorly regulated because of their unclear legal status in Bangladesh and the regulator’s apparent lack of understanding of the type of threats they pose, may facilitate money laundering. Effective risk-based regulation is required to control potential risks.

Research limitations/implications

This paper focuses on two specific areas –gambling and cryptocurrencies – which are linked to two specific FATF Recommendations: designated non-financial businesses and professions (DNFBPs) and new technologies. Further research is required to investigate the concern from the perspective of other entities.

Practical implications

The results of this study will help inform policymakers about ways in which current regulatory approaches may need to be modified to better combat money laundering and financing of terrorism.

Originality/value

According to the authors’ knowledge, this is the first study aiming to explore challenges Bangladesh confronts in implementing a risk-based approach for DNFBPs and new technologies. Therefore, it provides important insights into the dilemma regulators facing in implementing global AML standards within their traditional legislative and regulatory framework.

Details

Journal of Money Laundering Control, vol. 25 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 7 August 2009

Philippa England

The purpose of this paper is to identify factors contributing to the success of demand management measures in a period of severe water shortage in urban areas of Queensland…

1756

Abstract

Purpose

The purpose of this paper is to identify factors contributing to the success of demand management measures in a period of severe water shortage in urban areas of Queensland, Australia; to reflect on the role of demand management measures as a policy tool integral to Australia's National Water Initiative.

Design/methodology/approach

The paper takes the form of a case study and literature review.

Findings

Australia's National Water Initiative, with its emphasis on market‐based reform, failed to provide adequate mechanisms for dealing with severe drought in Australia's urban areas. In contrast, a mix of regulatory, fiscal and educational initiatives encouraged Brisbane residents to reduce their water consumption by 57 per cent. These initiatives were successful because they formed part of a comprehensive, pervasive and persistent campaign delivered by two tiers of government working in conjunction and exhibiting strong local leadership.

Originality/value

The paper identifies the need to include demand management measures – including regulatory, fiscal and educational measures – as well as market‐based reforms in national water policy.

Details

Management of Environmental Quality: An International Journal, vol. 20 no. 5
Type: Research Article
ISSN: 1477-7835

Keywords

Open Access
Book part
Publication date: 9 May 2023

Volker Stocker, William Lehr and Georgios Smaragdakis

The COVID-19 pandemic has disrupted the ‘real’ world and substantially impacted the virtual world and thus the Internet ecosystem. It has caused a significant exogenous shock that…

Abstract

The COVID-19 pandemic has disrupted the ‘real’ world and substantially impacted the virtual world and thus the Internet ecosystem. It has caused a significant exogenous shock that offers a wealth of natural experiments and produced new data about broadband, clouds, and the Internet in times of crisis. In this chapter, we characterise and evaluate the evolving impact of the global COVID-19 crisis on traffic patterns and loads and the impact of those on Internet performance from multiple perspectives. While we place a particular focus on deriving insights into how we can better respond to crises and better plan for the post-COVID-19 ‘new normal’, we analyse the impact on and the responses by different actors of the Internet ecosystem across different jurisdictions. With a focus on the USA and Europe, we examine the responses of both public and private actors, with the latter including content and cloud providers, content delivery networks, and Internet service providers (ISPs). This chapter makes two contributions: first, we derive lessons learned for a future post-COVID-19 world to inform non-networking spheres and policy-making; second, the insights gained assist the networking community in better planning for the future.

Details

Beyond the Pandemic? Exploring the Impact of COVID-19 on Telecommunications and the Internet
Type: Book
ISBN: 978-1-80262-050-4

Keywords

Book part
Publication date: 13 August 2020

Nils Fearnley

Shared, dockless micromobility is causing concern across the globe. The phenomenon started with shared bikes and e-bikes. More recently, e-scooters (or electric kickbikes), the…

Abstract

Shared, dockless micromobility is causing concern across the globe. The phenomenon started with shared bikes and e-bikes. More recently, e-scooters (or electric kickbikes), the focus of this chapter, have flooded cities in unprecedented speed and volume – and have caught virtually every city and competent authority off guard. The failure of current regulatory frameworks to address new challenges posed by e-scooters is explored. This chapter first briefly describes major developments of the shared e-scooter market. It then presents rationales for, and to some extent against, e-scooter regulation as well as policy tools available for e-scooter regulation. E-scooters open the door for new and innovative – and potentially efficient – ways to regulate, including geofencing, zoning, mandatory data sharing and mandatory cooperation. Against this backdrop, the chapter discusses regulatory dilemmas, challenges, opportunities and possibilities.

Details

Shaping Smart Mobility Futures: Governance and Policy Instruments in times of Sustainability Transitions
Type: Book
ISBN: 978-1-83982-651-1

Keywords

Article
Publication date: 3 July 2017

Norman Mugarura

The purpose of this paper is to explore dynamic issues relating to Ponzi and other fraudulent investment schemes to demonstrate how scammers convince victims of investment…

1237

Abstract

Purpose

The purpose of this paper is to explore dynamic issues relating to Ponzi and other fraudulent investment schemes to demonstrate how scammers convince victims of investment opportunities that turn out to be nothing but fraudulent. Specifically, it explores the nature of Ponzi, Pyramid, Advance fees scams and the mechanisms used to defraud unsuspecting victims of their money. The risks associated with Ponzi schemes can be gleaned in the fraud case of Bernie Madoff (1998) who had been running a Ponzi scheme in the USA for 20 years and reaping investors of their returns without ever discovering it until the business collapsed. The other notorious investment scams include “the Nigerian letter frauds” which combine the threat of impersonation fraud with a variation of an advance fee scheme in which a letter is mailed to offer recipients the “opportunity” to share in a percentage of millions of dollars that the author – a self-proclaimed government official – is trying to transfer out of his country. This article assesses the possibility of using anti-money laundering regulatory tools such as a “risk based approach” and “Know Your Customer” to protect victims of fraudulent investment schemes.

Design/methodology/approach

The paper was written by analysis of primary and secondary data and by utilising newspaper reports on different types of fraudulent investment schemes and the context in which they normally happen in practice. It has also utilized case studies and relevant examples to demonstrate different typologies of fraudulent schemes and the possibility of using anti-money laundering regulatory tools to regulate them.

Findings

The findings suggest that many people who fall victims of fraudulent investment schemes such as Ponzi and advance fee fraud are not gullible but lack knowledge of their sophistication and how they operate to defraud unsuspecting victims of their savings.

Research limitations/implications

The paper was largely a library-based research, and there were no interviews carried out to corroborate some of the data used in writing it. This minimises inherent bias in the use of secondary data sources to undertake a study.

Practical implications

The practical implication of the paper is to highlight the inherent risks in Ponzi and other fictitious investment schemes that are often cleverly conjured to exploit ignorance of the public and defraud them of their savings. It demonstrates that while financial institutions can use their regulatory tools such as KYC to safeguard financial markets from criminal exploitation, people should be vigilant to avoid falling victims of criminal exploitation and lose their savings.

Social implications

With globalisation, the market is awash with different types of investment opportunities, but people need to keep in mind that it has also created opportunities for criminal exploitation. Some opportunities that are being offered such as advance fee and other schemes are cleverly devised to exploit ignorance of the public. Therefore, this paper highlights the pitfalls which potential investors need to bear in mind when deciding on where to invest and how to invest their money.

Originality/value

Research on Ponzi schemes, advance fee fraud and misuse of letters of credit do not seem to have received proportionate scholarly attention as other forms of financial crimes. This paper, therefore, addresses a need in the market on many issues it relates.

Details

Journal of Money Laundering Control, vol. 20 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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