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Article
Publication date: 30 September 2022

Sefriani Sefriani and Nur Gemilang Mahardhika

The Covid-19 pandemic has persisted for almost three years. States have since then enforced laws, policies and measures believed to be the most effective to handle the global…

Abstract

Purpose

The Covid-19 pandemic has persisted for almost three years. States have since then enforced laws, policies and measures believed to be the most effective to handle the global pandemic. Along this line, the Indonesian Government opted to implement mandatory vaccination and refusal of which entails monetary penalties. Hence, this study aims to analyze two legal issues that touch upon the realm of International Human Rights Law: first, whether state has the authority to implement the said mandatory vaccine program to those who refuse to be vaccinated, and second, how is the more appropriate legal policy to obligate vaccination but without coercive sanction.

Design/methodology/approach

This is a normative legal research that uses a qualitative method with case studies, conceptual, historical and comparative approaches. A descriptive-analytical deduction process was used in analyzing the issue.

Findings

The results present, as part of state’s right to regulate, it has the authority to enact mandatory vaccination with monetary penalties to fulfil its obligation to protect public health in times of emergency; this is legal and constitutional but only if it satisfies the requirements under the International Human Rights Law: public health necessity, reasonableness, proportionality and harm avoidance. Alternatively, herd immunity is achievable without deploying unnecessary coercive sanctions, such as improving public channels of communication and information, adopting legal policies that incentivize people’s compliance like exclusion from public services, subsidies revocation, employment restrictions, higher health insurance premiums, etc.

Research limitations/implications

This study analyzes in depth the following issues: of whether the government has the authority to apply mandatory vaccination laws enforced through monetary penalties for those who refused to be vaccinated and how does the government implement the appropriate legal policy to enforce mandatory vaccination without imposing penalties for non-compliance while maintaining a balance between the interests of protecting public health and the human rights of individuals to choose medical treatment for themselves, including whether they are willing to be vaccinated. Hence, the political affairs, economic matters and other non-legal related issues are excluded from this study.

Originality/value

This paper hence offers a suggestive insight for state in formulating a policy relating to the mandatory vaccination program. Although the monetary penalties do not directly violate the rule of law, a more non-coercive approach to the society would be more favorable.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 16 February 2024

Ibrahim Mathker Saleh Alotaibi, Mohammad Omar Mohammad Alhejaili, Doaa Mohamed Ibrahim Badran and Mahmoud Abdelgawwad Abdelhady

This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which…

Abstract

Purpose

This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which to do business, the Saudi Government has enacted a broad sweep of measures aimed at restoring investor confidence in central aspects of the country’s evolving private law framework.

Design/methodology/approach

This paper offers a timely assessment of the raft of foreign investment reforms, both legislative and regulatory, that have been introduced in Saudi Arabia over the last decade.

Findings

The paper will proceed by outlining the perceived failings of the old investment regime before going on to reforms.

Originality/value

It will consider the remaining obstacles to the flow of foreign investment in Saudi Arabia in the context of the dual forces that have historically defined the Kingdom’s ambivalent investment law regime.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Open Access
Article
Publication date: 2 April 2024

Șerban Filipon and Violeta Simionescu

Competency frameworks can support public procurement capacity development and performance. However, literature on connecting professionalisation with national procurement contexts…

Abstract

Purpose

Competency frameworks can support public procurement capacity development and performance. However, literature on connecting professionalisation with national procurement contexts is limited. This paper aims to explain and conceptualise recent Romanian experience with developing bespoke competency frameworks at national level for public procurement that reflect the features of the Romanian public procurement system. The approach used could guide in broad-brush, mutatis mutandis, other (national) public procurement systems with comparable features, mainly those seeking a shift from a rather administrative function of public procurement towards a strategic function.

Design/methodology/approach

This case study reflects on the methodology used for analysing the Romanian public procurement environment in EU context to develop bespoke professionalisation instruments, and on ways to integrate competency management approaches in Romanian public procurement culture. That methodological mix has been mainly qualitative and constructionist, within an applied research approach. It combined desk research with empirical research and included legal research in this context.

Findings

A principled, methodological and pragmatic approach tailored to the procurement environment in question is essential for developing competency frameworks capable to resonate to and address the specific practical needs of that procurement system.

Social implications

Competency frameworks can uphold societal objectives through public procurement.

Originality/value

Using valuable insights into the development of the Romanian public procurement competency frameworks, the paper provides a conceptual framework for instilling competency management approaches to public procurement professional development where the latter is governed by a rather distinct, public administration, paradigm. This conceptual framework can guide other public procurement systems and stimulate further research.

Abstract

Purpose

Competency frameworks can support public procurement capacity development and performance. However, literature on connecting professionalisation with national procurement contexts is limited. This paper aims to explain and conceptualise recent Romanian experience with developing bespoke competency frameworks at national level for public procurement that reflect the features of the Romanian public procurement system. The approach used could guide in broad-brush, mutatis mutandis, other (national) public procurement systems with comparable features, mainly those seeking a shift from a rather administrative function of public procurement towards a strategic function.

Design/methodology/approach

This case study reflects on the methodology used for analysing the Romanian public procurement environment in EU context to develop bespoke professionalisation instruments, and on ways to integrate competency management approaches in Romanian public procurement culture. That methodological mix has been mainly qualitative and constructionist, within an applied research approach. It combined desk research with empirical research and included legal research in this context.

Findings

A principled, methodological and pragmatic approach tailored to the procurement environment in question is essential for developing competency frameworks capable to resonate to and address the specific practical needs of that procurement system.

Social implications

Competency frameworks can uphold societal objectives through public procurement.

Originality/value

Using valuable insights into the development of the Romanian public procurement competency frameworks, the paper provides a conceptual framework for instilling competency management approaches to public procurement professional development where the latter is governed by a rather distinct, public administration, paradigm. This conceptual framework can guide other public procurement systems and stimulate further research.

Open Access
Article
Publication date: 29 March 2023

Sebastian Aparicio, Mathew (Mat) Hughes, David Audretsch and David Urbano

Going beyond the traditional approach of formal and informal institutions as antecedents of entrepreneurship (directly) and development (indirectly), this paper seeks to explore…

1052

Abstract

Purpose

Going beyond the traditional approach of formal and informal institutions as antecedents of entrepreneurship (directly) and development (indirectly), this paper seeks to explore knowledge institutions as a necessary input for entrepreneurship and the development of societies.

Design/methodology/approach

Institutional economics lenses are utilized to observe other factors (e.g. the number of R&D staff and researchers from the public sector) that involve laws and socialization processes, which at the same time create knowledge useful for entrepreneurs and society. These ideas are tested through a sample of 281 observations from 17 autonomous communities and two autonomous cities in Spain. The information coming from the Global Entrepreneurship Monitor (GEM), Ministry of Economics, Industry, and Competitiveness, and INE (Instituto Nacional de Estadística), was analyzed through 3SLS, which is useful for a simultaneous equation strategy.

Findings

Knowledge institutions such as the number of R&D staff and researchers from the public sector are found positively associated with entrepreneurship, which is a factor directly and positively linked to economic development across Spanish regions.

Originality/value

The findings help the operationalization of other institutions considered in institutional economics theory and its application to entrepreneurship research. Moreover, the results bring new insights into the knowledge spillover theory of entrepreneurship in the public sector, in which the institutional analysis is implicit.

Details

International Journal of Entrepreneurial Behavior & Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1355-2554

Keywords

Article
Publication date: 1 April 2024

Selye Lee

While the significance of public cooperation for police effectiveness is widely acknowledged, less is known about factors associated with cooperation in hate crime cases. The…

Abstract

Purpose

While the significance of public cooperation for police effectiveness is widely acknowledged, less is known about factors associated with cooperation in hate crime cases. The current study aims to explore how individuals’ perspectives on police legitimacy, contact experience with police and race/ethnicity shape their willingness to cooperate with police in hate crime incidents.

Design/methodology/approach

This study used a sample of 693 college students and was conducted at a public university in the south-central region of the southern United States of America. Ordinary least squares (OLS) regression models were used to examine factors related to willingness to cooperate with police.

Findings

Findings show that those who have a high level of positive perceptions of police legitimacy and those who have a low level of negative personal experience with police reported more willingness to cooperate. Asian respondents were less likely to report that they would cooperate with police compared to white respondents.

Originality/value

This study, emphasizing the relationships between perceived police legitimacy and positive personal experiences with a willingness to cooperate in hate crime cases, has practical implications. The identification of racial/ethnic differences in cooperation attitudes, particularly the lower likelihood of cooperation among Asian respondents, contributed to the current literature and underscores the importance of considering diverse perspectives and outreach efforts.

Details

Policing: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 12 December 2023

Osnat Roth-Cohen and Tsuriel Rashi

This research aims to conceptualize online shaming discourse in virtual communities and to serve as a practical guide for online community managers and members.

Abstract

Purpose

This research aims to conceptualize online shaming discourse in virtual communities and to serve as a practical guide for online community managers and members.

Design/methodology/approach

This conceptual study explores the construction of meanings in human interaction in online communities by presenting a conceptual model, “The Triple-Responsibility Model in Online Communities,” that is based on Kantian ethics.

Findings

The model includes characterizing the roles of core participants in online communities: writer, reader and group manager; and delineating four ethical principles – truth, necessity, proportionality and caution – that can help society find the golden mean between social change and respecting human dignity and concern for an individual’s public image and provide a theoretical contribution and practical guidelines.

Research limitations/implications

It addresses shaming in virtual communities by suggesting a balance of several key principles, including truth, necessity, proportionality and caution. This is a new conceptualization of online shaming relevant to today's digital arena.

Practical implications

The guidelines can contribute to the ongoing political debate over what constitutes appropriate and justified regulation. Moreover, Facebook community leaders are responsible for formatting the group’s identity, the technical facets of group management and for setting group boundaries and determining the rules of participation. The posited rules may affect social media group managers, as they are called upon to leverage their privileged position and channel their media power into influencing online discourse.

Social implications

The current study provides insights into how shaming can be used as a legitimate tool in society by implementing an ethical approach, resulting in guidelines that restrict online discourse for participants in virtual communities and affect the work of social media group managers and policymakers.

Originality/value

By presenting a new conceptual model, the authors suggest that ethics are a helpful tool and offer insights into how online communities' participants and managers should use their voice and balance between shaming and maintaining the dignity of the individual.

Details

Online Information Review, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1468-4527

Keywords

Article
Publication date: 16 April 2024

Anita Kalunta-Crumpton

The paper aims to provide a critical review of how variations in the conceptualization and contextualization of hate crime across US cities might impact how their individual law…

Abstract

Purpose

The paper aims to provide a critical review of how variations in the conceptualization and contextualization of hate crime across US cities might impact how their individual law enforcement agencies collect hate crime data. Media reports and political discourses present hate crime as a prevalent problem in the USA. However, this representation of hate crime in the public sphere is not reflected in the relatively low national numbers of hate crimes published annually by the Federal Bureau of Investigation.

Design/methodology/approach

Drawing primarily on the national hate crime data for the period 2008–2018, this author conducted a secondary research study of the concept, context, extent and law enforcement collection of hate crime data in five cities in the USA.

Findings

This paper is a product of some of the findings of the study, which include the definition of hate crime at the federal, state and city levels and the contextualization of hate crimes at these levels. The findings show inconsistencies in how the five cities and associated law enforcement agencies conceptualize hate crime and in how they collect and report hate crime data at local and national levels.

Originality/value

Through its analysis of how five US cities and the associated law enforcement agencies interpret and respond to hate crime data collection, with recommendations of best practices for hate crime data collection by law enforcement agencies, the paper contributes to the academic and nonacademic debate on hate crime.

Details

Safer Communities, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 23 February 2024

Patrizio Monfardini, Silvia Macchia and Davide Eltrudis

Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of…

Abstract

Purpose

Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of KIPO in the judiciary system: the courts. The paper aims to explore the court’s managerial and organisational change resulting from the national recovery and resilience plan (NRRP) reform in response to Covid-19, focussing on how this neglected KIPO responds to change, either by showing acts of resistance or undergoing a hybridisation process.

Design/methodology/approach

The paper adopts a qualitative research design, developing an explorative case study to investigate the process of a court’s managerial and organisational change caused by NRRP reform and to shed light on how this neglected KIPO reacts to change, showing resistance acts and developing the hybridisation process. Thirty-one interviews in six months have been conducted with the three main actors in Courts: judges, clerks and trial clerks.

Findings

The paper shows that in this understudied KIPO, judges fiercely resist the managerial logic that decades of reforms have been trying to impose. The recent introduction of an office for speeding up trials (Ufficio Per il Processo (UPP)) was initially opposed. Then, the resistance strategy changed, and judges started to benefit from UPP delegating repetitive and low-value tasks while retaining their core activities. Clerks approached the reform with a more positive attitude, seeing in UPP the mechanism to bridge the distance between them and the judges.

Originality/value

Considering their relevance to society, courts must be more addressed in KIPOs' studies. This paper allows the reader to enter such KIPO and understand its peculiar features. Secondly, the article helps to understand micropractices of resistance that may hinder the effectiveness of managerial reforms.

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1096-3367

Keywords

Article
Publication date: 31 January 2023

Fabian Teichmann, Sonia Ruxandra Boticiu and Bruno S. Sergi

The purpose of this study is to provide a firsthand perspective on the challenges and risks that can arise in arbitration proceedings.

Abstract

Purpose

The purpose of this study is to provide a firsthand perspective on the challenges and risks that can arise in arbitration proceedings.

Design/methodology/approach

To investigate the concrete methods money launderers use, a qualitative study was conducted with 10 alleged money launderers and 18 prevention experts. The results were then tested quantitatively, and it was concluded that among money launderers, the highly regulated financial sector is less popular than other sectors.

Findings

Money launderers relocate to unregulated sectors or offshore banks to avoid being questioned by compliance officers. Therefore, it is necessary for arbitrators involved in commercial or investor–state arbitration to have the expertise to readily identify the issues raised by these criminal law concepts and provide answers.

Originality/value

This paper examines the intersection between the areas of international commercial arbitration and money laundering, bribery, as well as embezzlement. At the same time, it draws attention to the need to analyze compliance issues in arbitration proceedings.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

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