Search results

Despite its potential as an emerging market for Islamic financial services, Uzbekistan has lagged in legislative support. This study aims to evaluate the feasibility of introducing an Islamic capital market (ICM) in Uzbekistan, preceding a broader industry establishment.

The authors begin by assessing Islamic finance literacy and the potential demand for ICMs in Uzbekistan. The authors then scrutinize Uzbekistan’s capital market legislation and its readiness. This analysis uses primary data, including surveys and interviews, and secondary data from literature and financial legislation.

This study highlights a significant demand for ICMs, despite low Islamic finance awareness in Uzbekistan. Presently, Uzbekistan’s capital market development is lacking, with regulations not yet suitable for ICMs. As a result, legal and operational enhancements are needed.

The authors provide essential policy recommendations for authorities and practitioners to facilitate the effective launch of ICMs and enhance Uzbekistan’s capital market stature.

To the best of the authors’ knowledge, this is the first study offering an in-depth analysis of the potential and feasibility of ICMs in Uzbekistan.

By January 1, 2023, the German supply chain due diligence act (SCDDA) has become effective. This represents a strong governmental intervention into global operations and supply chain management (SCM). Hence, its frame conditions and implications are worth being studied.

Expert interviews with managers reveal factors of risks and opportunities as well as performance impacts and implementation issues.

A conceptual framework and research avenues are outlined.

Pathways for SCM research and interdisciplinary studies are suggested.

Practitioners may gain a deeper understanding of relevant factors for managing supply chains (SCs) that are exposed to the new act.

Understanding implications of the act may help improve social SC sustainability.

This study offers an initial empirical exploration and a first conceptualization of the expected consequences of the German SCDDA.

The purpose of this paper is to examine the supervening loss of inter-organisational trust in long-term commercial contracts. The underlying research question is whether contract law – the legal institution regulating economic exchanges – should intervene and enable a party to a long-term commercial contract to extricate itself from a situation where a relationship of trust has broken down irretrievably.

This paper uses doctrinal methodology and theoretical conceptualisation to answer the underlying research question. The legal instrument chosen for analysis purposes is the UNIDROIT Principles of International Commercial Contracts. This paper also draws on extant literature on inter-organisational trust (including conceptual and empirical studies) to support the arguments and propositions. Furthermore, this study proceeds to assess the substantive justifiability of the proposed remedial measure using four normative values: legal certainty and predictability, protection of the performance interest, economic efficiency and the preservation of the relation.

The central argument put forward in this paper is the reformulation of draft Article 6.3.1 proposed by the UNIDROIT Working Group on Long-Term Contracts, which confers a novel right to terminate for a compelling reason. This paper presents a multidimensional model of inter-organisational trust that would serve as the conceptual framework for the proposed reformulation of the provision and establishes a coherent juridical basis for the legal solution that would accord with the Principles of International Commercial Contracts’ general remedial scheme. As for the normative assessment, this paper demonstrates that the proposed remedial measure would significantly promote efficient outcomes and positively serve the norms of legal certainty, protection of the performance interest and the preservation of the relation.

This paper addresses the lacuna in current legal scholarship in relation to the adverse socio-economic effects following trust violation and deterioration in inter-organisational relationships. Additionally, the propositions and findings should contribute to the workings of the UNIDROIT in adopting new rules and principles that would serve the special requirements of cross-border trade.

We investigate how firms’ responses to misconduct change when the institutional environment becomes more stringent. Organizational theory offers conflicting perspectives on whether new legislation will increase or decrease pressure on firms to take remedial action following misconduct. The dominant perspective posits that new legislation increases expectations of firm behavior, amplifying pressure on them to take remedial action after misconduct. A more recent perspective, however, suggests that the mere necessity to meet more stringent regulatory requirements certifies firms as legitimate to relevant audiences. This certification effect buffers firms, reducing the pressure for them to take remedial action after misconduct. Using a temporary, largely arbitrary exemption from a key provision of the Sarbanes-Oxley Act, we show that firms that were not required to meet all the regulatory standards of good governance it required became 45% more likely to replace their CEOs following the announcement of an earnings restatement after Sarbanes-Oxley. On the other hand, those that were required to meet all of Sarbanes-Oxley’s provisions became 26% less likely to replace their CEOs following a restatement announcement. Ironically, CEOs at firms with a legislative mandate intended to increase accountability for corporate misconduct shoulder less blame than do CEOs at firms without such legislative demands.

The purpose of this paper is to explore how vulnerable refugee children's education can be supported in the first asylum country during a long-term, complex crisis. More specifically, the authors examine the impact of a remedial education (RE) program on academically challenged Syrian refugees' sustained learning and well-being in Jordan during a protracted emergency.

Using the 2012 United Nations human security framework, the authors analyze the quantitative results of program evaluation, supplemented by qualitative surveys and stakeholder interviews that asked about the aspirations of refugee children and their guardians, their school experience and the refugee–host community relationship.

The authors' data suggest that the program enhanced targeted Syrians' protection and empowerment. Their increased sense of safety and improved academic performance and learning motivation were likely owing to child-friendly classroom management and pedagogies that facilitated interactive and differentiated learning. Their human security was further strengthened when they learned with Jordanian children who experienced similar academic challenges and with teachers sympathetic to their plight. Meanwhile, a human security framework calls for humanitarian agencies' strategic engagement with local partners to ensure refugees' learning continuity.

Refugee education studies in first asylum countries are rare. Even rarer are studies focusing on academically low-achieving refugees with full consideration of the protracted and complex nature of a crisis. This study suggests effective measures to increase their human security while calling for humanitarian aid organizations to use long-term thinking.

This study aims to identify European positioning on the use of remote customer onboarding solutions in combating financial crime.

This study is a desktop research that examines European Banking Authority (EBA) policy statements relating to the use of innovative solutions in combating financial crime.

Technological advancements in biometric data and software tools provide a unique opportunity to address potential paper customer onboarding process deficiencies. Electronic remote customer onboarding solutions equip credit, financial institutions and investment firms with an alternative FTE cost-saving solution, in their pursuit of revenue generation. Whilst the EBA and Financial Action Task Force have provided approval for the utilisation of innovative solutions and AML technologies in combatting financial crime. Hesitancy remains on the ability of credit and financial institutions to use technological solutions as a “magic solution” in preventing the materialisation of money laundering/terrorist financing related risks. Analysis of policy suggests a gravitation towards the increased use of the aforementioned technologies in the interim.

Capitalisation of European banking authority.

Employment discrimination persists across global labour markets inflicting considerable social and economic costs. The existing literature tends to focus on explaining and measuring discrimination or on the measures to tackle it, overlooking the links between these areas. The paper contributes to filling this gap in order to inform policy design and empirical research on the impact of anti-discrimination policies.

The paper assesses the potential effectiveness of commonly used policy measures in tackling the types of discrimination described in the theoretical literature. The assessment is based on the underlying incentive structure of particular policies, which is matched with the behaviour of employers predicted by particular theories.

The potential effectiveness of commonly used anti-discrimination policies varies greatly depending on the source of discrimination and the target group. Some commonly used tools, such as wage subsidies are likely to have modest effects for several target groups, while employer counselling may be a more effective and cheaper alternative in many cases. Quotas may be effective against various types of discrimination, but setting them is challenging and they may yield adverse effects.

The findings call for more research on and consideration of the motives behind employment discrimination in the targeting and design of anti-discrimination measures.

The authors propose a framework to link discrimination types with measures against discrimination and potential target groups, which allows for systematically linking the literature on theories of discrimination and research on anti-discrimination.

This article aims to establish a dynamic Energy Performance Contract (EPC) risk allocation model for commercial buildings based on the theory of Incomplete Contract. The purpose is to fill the policy vacuum and allow stakeholders to manage risks in energy conservation management by EPCs to better adapt to climate change in the building sector.

The article chooses a qualitative research approach to depict the whole risk allocation picture of EPC projects and establish a dynamic EPC risk allocation model for commercial buildings in China. It starts with a comprehensive literature review on risks of EPCs. By modifying the theory of Incomplete Contract and adopting the so-called bow-tie model, a theoretical EPC risk allocation model is developed and verified by interview results. By discussing its application in the commercial building sector in China, an operational EPC three-stage risk allocation model is developed.

This study points out the contract incompleteness of the risk allocation for EPC projects and offered an operational method to guide practice. The reasonable risk allocation between building owners and Energy Service Companies can realize their bilateral targets on commercial building energy-saving benefits, which makes EPC more attractive for energy conservation.

Existing research focused mainly on static risk allocation. Less research was directed to the phased and dynamic risk allocation. This study developed a theoretical three-stage EPC risk allocation model, which provided the theoretical support for dynamic EPC risk allocation of EPC projects. By addressing the contract incompleteness of the risk allocation, an operational method is developed. This is a new approach to allocate risks for EPC projects in a dynamic and staged way.

This paper aims to focus on compliance of workplace sexual harassment-related provisions under Indian companies and securities law, based on an empirical analysis of companies’ sexual harassment-related disclosures contained within their directors’ annual reports (ARs). Specifically, sections devoted to sexual harassment-related disclosures, inbuilt within directors’ ARs for the financial year 2019–2020 for a selected sample of companies listed under the National Stock Exchange, have been analysed.

To examine the nature of companies’ disclosures to demonstrate their compliance with statutory requirements under the POSH law, aligned with the Companies (Accounts) Rules, 2014 and Securities and Exchange Board of India’s regulations, an empirical-based, descriptive content analysis of ARs of 200 listed companies were used.

This study primarily finds that the majority of companies from the sample have disclosed to have prepared a corporate-level policy, as required under the POSH law. As also required under the POSH law, companies, reportedly, have constituted an Internal Complaints Committee to adjudicate and dispose of incidents related to sexual misconduct reported at their workplaces. However, companies lack in disclosing qualitative information, with sufficient detail, on many important aspects related to prevention and resolution of reported cases of workplace sexual harassment.

This paper adds to the broader narrative of the lacunae within the disclosure and reporting requirements on enhancing the liabilities of the companies to prevent and address sexual harassment under India’s corporate and securities regulations.

Trafficking¹ in human beings is gross.² It constitutes one of the most egregious violations of human rights.³ The vile nature of human trafficking is also hinged on the fact that it commodifies human beings. Hence its categorisation is modern slavery.⁴ So much of trafficking activities follow the pathways5 of other transnational forms of organised crimes and irregular cross-border movement of people.6 In response to this egregious crime, several international, regional and country laws and instruments have been used or proposed for combatting human trafficking.7 These instruments forbid trafficking in human persons and provide several preventive measures, prosecution of perpetrators and protection of victims of human trafficking.8 The number of state parties to the United Nations Protocol to prevent suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol), demonstrates the global commitment to combatting human trafficking. However, the COVID-19 pandemic and its impact on legal systems, and the capacity of both state and private institutions to combat human trafficking, has added a knotty twist to the global problem of human trafficking. This essay looks at the trends of human trafficking in light of the COVID-19 pandemic. It also highlights international law and policy approaches that state parties and civil society organisations should adopt to counteract the changes and sustain the fight against human trafficking. Thus, the essay contributes to updating the legal and policy approaches to combat human trafficking in this era.