Search results

1 – 10 of 17
Article
Publication date: 12 December 2023

Rosa M. Garcia-Teruel

The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,” also known as “tenant-owner dilemma.” This dilemma refers to the situation where neither…

Abstract

Purpose

The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,” also known as “tenant-owner dilemma.” This dilemma refers to the situation where neither landlords nor tenants have incentives to invest in energy efficiency upgrades. Although the Energy Efficiency Directive calls Member States to overcome legal barriers to remove split incentives and to encourage retrofits, the list of possible measures is too vague. This paper aims to discuss tenancy law measures designed to increase the energy efficiency of residential housing and to detect which Member States have already addressed this phenomenon.

Design/methodology/approach

This paper analyses, from a civil legal perspective, the possible private law barriers arising from the tenant-owner dilemma when performing energy efficiency works in selected countries and proposes legal reforms in tenancy law and related policies to overcome them. To do so, this paper follows a legal-dogmatic and comparative law methodology.

Findings

This paper concludes that some tenancy law provisions, such as the possibility to increase the rent after energy efficiency renovations and long-term leases, may challenge the tenant-owner dilemma in private rented markets, thus promoting renovations and retrofitting for energy efficiency purposes. It also proposes other policies intended to increase parties’ willingness to undertake works.

Research limitations/implications

More research on the economic and legal efficiency to regulate some of the civil law measures to challenge the tenant-owner dilemma should be necessary.

Practical implications

The civil law measures included in this paper may help national policymakers meet the energy efficiency targets, according to what is established in the Recast Energy Efficiency Directive 2023.

Originality/value

Based on the economic theory of the tenant-owner dilemma, this paper investigates the elements of tenancy law that may contribute to less energy-efficient homes, proposing policies for those countries interested in addressing the energy-efficiency challenge from a private law point of view.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 30 January 2024

Ghansham Anand, Dita Elvia Kusuma Putri and Tristania Faisa Adam

This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for…

Abstract

Purpose

This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for judges to determine the percentage of compensation for corporations responsible for land degradation. This paper aims also presents a theory to solve the problem of the vacuum of legal responsibility theory, which can make corporations proportionally responsible in terms of causing land degradation.

Design/methodology/approach

This was done through legal research methods, mainly with systematical interpretation. The approach used in this paper is conceptual, statute and comparative approach.

Findings

By analyzing the related legal norms, it can be understood that in Asian countries, such as Indonesia, Thailand and Malaysia, there are regulations regarding land degradation. However, the regulations in these countries are not specific and tend to focus on nature conservation, which has an impact on handling land degradation. Therefore, it needs special regulation to deal with land degradation. One of the things that need to be regulated about land degradation is a market shared liability.

Research limitations/implications

This research is limited to regulation in the Asia region. By analyzing the regulation, this paper will provide an analysis about the land degradation regulation mechanism in Asia and give an analysis about market shared liability as one of the solution to handling land degradation. Having the same ground rules will create synergies between countries in Asia to handle land degradation.

Originality/value

This paper is the first systematic legal research comparing regulations from three nations in Asia on land degradation and the first paper to provide market shared liability as a solution to handling land degradation.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 15 September 2023

Samuel Ihuoma Nwatu, Edwin Chukwuemeka Arum and Ikechukwu P. Chime

The purpose of this paper, therefore, is to amplify the imperativeness for a re-oriented regulatory approach that prioritizes constructive engagement with the regulated…

Abstract

Purpose

The purpose of this paper, therefore, is to amplify the imperativeness for a re-oriented regulatory approach that prioritizes constructive engagement with the regulated communities, harnessing the existing pool of savings and retention of market participation.

Design/methodology/approach

The paper adopts a doctrinal legal research design with data drawn from primary and secondary sources of law. The primary sources include case laws and statutes, and the secondary sources include book chapters, journal articles and other internet-sourced materials.

Findings

The paper finds that the status quo in Nigeria if left to continue would spell severe economic disaster for Nigeria’s securities administration, but a well-structured realignment of the regulations would boost the country’s securities market effectiveness.

Research limitations/implications

The research’s conclusions and suggestions might only be applicable to Nigeria’s particular situation with regard to capital market development and securities regulation. Other nations or locations with distinct regulatory systems, market structures and economic situations may not be able to immediately adapt it. When extending the research results outside of the Nigerian environment, caution should be exercised. For regulatory agencies and policymakers, the research offers insightful suggestions. The analysis may pinpoint certain areas where policy changes are required to address reoccurring problems and improve the chances for a healthy capital market.

Practical implications

For Nigeria’s regulatory frameworks controlling securities to be strengthened, this paper would be crucial. To make sure they are in line with global best practices, this entails examining and revising current laws, rules and standards. A stronger regulatory environment may also result from the implementation of harsher enforcement procedures and consequences for noncompliance. It is also required for creating market infrastructure, fostering market integration and cooperation, facilitating access to capital, monitoring and evaluation. It would also benefit investor education and protection.

Social implications

Addressing these persistent issues and potential remedies in Nigeria’s capital market development and securities regulation would have various advantageous social effects. These include improved market infrastructure, more financial inclusion, improved investment protection for investors and improved market openness and integrity. Such results will help Nigerian society as a whole by fostering economic expansion, job creation, wealth distribution and general social progress.

Originality/value

This paper is the original work of the authors and has not been published anywhere nor submitted to another journal for publication.

Details

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

Keywords

Article
Publication date: 20 June 2023

Mu-Chun Liao, Ting-Ya Hsieh and Wei-Hsiang Wang

By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives…

Abstract

Purpose

By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives of “modes” and “rules.” This study considers that in the core concept of negligent manslaughter in the Criminal Code of Taiwan, “business” comprises an outstretched legal element; thus, “application by analogy” or “customary laws” should be prohibited as a legal basis or when applying the criminal code because those are not allowed under nulla poena sine lege. Nulla poena sine lege must be respected to release construction professionals from material risks in their judicial rights and interests.

Design/methodology/approach

This study used data mining analysis with a database of 204 cases where construction professionals were involved in an accusation of gross negligence manslaughter (GNM) (N = 486) between 1995 and 2021 to explore the reasons and distribution of these cases in the construction industry in Taiwan.

Findings

The results showed that the main reasons behind lawful GNM accusations against construction professionals are as follows: (1) the violation of employers' duty of care to prevent hazards caused in workplaces where falling and collapsing are concerns during construction, thus resulting in death; (2) gross negligence during design, construction and supervision, causing damages after natural disasters such as earthquakes and typhoons.

Research limitations/implications

This study discusses the whole life circle of construction, starting from planning, design, construction and completion. However, the involvement of other offenses such as providing false statements, forgery, embezzlement, unjust enrichment and fraudulent tax evasion or criminal responsibilities stipulated in the Building Act or administrative punishments are beyond the scope of this study. Future studies will focus on foreign “business GNM” cases from judicial precedents with similar backgrounds to Taiwan in the construction industry to verify whether similar conclusions can be drawn and to examine their differences.

Practical implications

This study applied data mining and data analysis to the data and explored potential causality and patterns of GNM cases in judicial cases. The results of the analyses can be used as evidence for potential causality and thus facilitate construction professionals' self-reflection and contribute to the sustainable development of working environments for construction.

Social implications

This study agrees with the removal of GNM titled “business” in the Criminal Code of Taiwan to achieve Sustainable Development Goals (SDGs) in the building industry. By doing so, national judicial and management systems will be in line with international standards, ensuring that everyone has equal access to justice.

Originality/value

Goal 16 of the SDGs by the United Nations aims to promote judicial equality, peace, justice and strong institutions. With this basis, this study collected and analyzed data in the field of criminal law and applied the theory of criminal offenses committed by negligence to real construction-related cases. This study especially discusses whether construction professionals were imposed with excessive responsibilities when a court enforced the “duty of care” that asked the professionals to bear the responsibility of results for events that should be and could be foreseen.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 1 April 2024

Ahmad Hidayat bin Md Nor, Aishath Muneeza and Magda Mohsin

This study aims to develop a comprehensive insolvency model tailored to Islamic banks, ensuring alignment with Shariah principles throughout pre-insolvency, bankruptcy and…

Abstract

Purpose

This study aims to develop a comprehensive insolvency model tailored to Islamic banks, ensuring alignment with Shariah principles throughout pre-insolvency, bankruptcy and post-bankruptcy stages.

Design/methodology/approach

The research adopts a qualitative research method, using a desktop research approach. Primary sources and secondary sources are examined to gather information and draw conclusions.

Findings

This study presents a comprehensive insolvency model designed for Islamic banks, rooted in Shariah principles. The model covers pre-insolvency, bankruptcy (taflis) and post-bankruptcy stages, incorporating key Shariah parameters to ensure adherence to Islamic finance principles. It addresses challenges such as adapting to dynamic financial landscapes and varying interpretations of Shariah principles. Notably, the model recognizes the separate legal personality of Islamic banks and emphasizes transparency, fairness and compliance with religious obligations. In the post-bankruptcy stage, directors are urged to voluntarily settle remaining debts, aligning with ethical and Shariah-compliant standards.

Originality/value

The study contributes to the stability and growth of Shariah-compliant financial systems by extending insolvency principles to Islamic banks, providing a foundation for future research and policymaking specific to this context.

Details

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

Keywords

Article
Publication date: 8 January 2024

Morteza Mohammadi Ostani, Jafar Ebadollah Amoughin and Mohadeseh Jalili Manaf

This study aims to adjust Thesis-type properties on Schema.org using metadata models and standards (MS) (Bibframe, electronic thesis and dissertations [ETD]-MS, Common European…

Abstract

Purpose

This study aims to adjust Thesis-type properties on Schema.org using metadata models and standards (MS) (Bibframe, electronic thesis and dissertations [ETD]-MS, Common European Research Information Format [CERIF] and Dublin Core [DC]) to enrich the Thesis-type properties for better description and processing on the Web.

Design/methodology/approach

This study is applied, descriptive analysis in nature and is based on content analysis in terms of method. The research population consisted of elements and attributes of the metadata model and standards (Bibframe, ETD-MS, CERIF and DC) and Thesis-type properties in the Schema.org. The data collection tool was a researcher-made checklist, and the data collection method was structured observation.

Findings

The results show that the 65 Thesis-type properties and the two levels of Thing and CreativeWork as its parents on Schema.org that corresponds to the elements and attributes of related models and standards. In addition, 12 properties are special to the Thesis type for better comprehensive description and processing, and 27 properties are added to the CreativeWork type.

Practical implications

Enrichment and expansion of Thesis-type properties on Schema.org is one of the practical applications of the present study, which have enabled more comprehensive description and processing and increased access points and visibility for ETDs in the environment Web and digital libraries.

Originality/value

This study has offered some new Thesis type properties and CreativeWork levels on Schema.org. To the best of the authors’ knowledge, this is the first time this issue is investigated.

Details

Digital Library Perspectives, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2059-5816

Keywords

Article
Publication date: 10 November 2023

Bamidele Temitope Arijeloye

This paper aims to help understand how adopting risk allocation criteria impacts the delivery of public–private partnership (PPP) mass housing in Nigeria with the view of…

Abstract

Purpose

This paper aims to help understand how adopting risk allocation criteria impacts the delivery of public–private partnership (PPP) mass housing in Nigeria with the view of promoting the adoption of PPP housing scheme in Nigeria.

Design/methodology/approach

The research design adopts the census sampling approach by using well-structured questionnaires distributed to stakeholders involved in PPP-procured mass housing projects, i.e. consultants, in-house professionals, contractors and the organized private sector, registered with PPP departments in the Federal Capital Territory Development Authority, Abuja, Nigeria. Sixty-three risk factors, nine risk allocation criteria and nine project delivery indices were submitted for the respondents to rank on a Likert scale of 7. Two hypotheses were formulated to test whether the risk allocation criteria impacted PPP mass housing delivery or otherwise. The study adopts partial least square-structural equation modeling to model the effect of risk on risk allocation criteria on project delivery indices and risk severity.

Findings

The finding shows that project risk allocation criteria have less effect on project delivery indices than on risk severity. The study concludes that risk allocation principles do not directly affect the delivery of PPP-procured mass housing projects. This is evident by the path coefficient of 0.724 values, which is not statistically significant at a 5% alpha protection value. The study concludes that allocating critical risk factors influences the performance of PPP-procured mass housing projects, as the path coefficient of 0.360 is also not significantly far from 0 and at a 5% alpha protection value.

Originality/value

The study is one of the recent studies conducted in PPP-procured mass housing projects in Nigeria owing to the novelty of procurement option in the sector. It highlights the risk factors that can jeopardize the PPP-procured mass housing project objectives. The study is of immense value to PPP actors in the sector by providing the necessary information required to formulate risk response methods to minimize the impact of the risk factors in PPP mass housing projects.

Details

Journal of Engineering, Design and Technology , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1726-0531

Keywords

Article
Publication date: 12 September 2023

Wenjing Wu, Caifeng Wen, Qi Yuan, Qiulan Chen and Yunzhong Cao

Learning from safety accidents and sharing safety knowledge has become an important part of accident prevention and improving construction safety management. Considering the…

Abstract

Purpose

Learning from safety accidents and sharing safety knowledge has become an important part of accident prevention and improving construction safety management. Considering the difficulty of reusing unstructured data in the construction industry, the knowledge in it is difficult to be used directly for safety analysis. The purpose of this paper is to explore the construction of construction safety knowledge representation model and safety accident graph through deep learning methods, extract construction safety knowledge entities through BERT-BiLSTM-CRF model and propose a data management model of data–knowledge–services.

Design/methodology/approach

The ontology model of knowledge representation of construction safety accidents is constructed by integrating entity relation and logic evolution. Then, the database of safety incidents in the architecture, engineering and construction (AEC) industry is established based on the collected construction safety incident reports and related dispute cases. The construction method of construction safety accident knowledge graph is studied, and the precision of BERT-BiLSTM-CRF algorithm in information extraction is verified through comparative experiments. Finally, a safety accident report is used as an example to construct the AEC domain construction safety accident knowledge graph (AEC-KG), which provides visual query knowledge service and verifies the operability of knowledge management.

Findings

The experimental results show that the combined BERT-BiLSTM-CRF algorithm has a precision of 84.52%, a recall of 92.35%, and an F1 value of 88.26% in named entity recognition from the AEC domain database. The construction safety knowledge representation model and safety incident knowledge graph realize knowledge visualization.

Originality/value

The proposed framework provides a new knowledge management approach to improve the safety management of practitioners and also enriches the application scenarios of knowledge graph. On the one hand, it innovatively proposes a data application method and knowledge management method of safety accident report that integrates entity relationship and matter evolution logic. On the other hand, the legal adjudication dimension is innovatively added to the knowledge graph in the construction safety field as the basis for the postincident disposal measures of safety accidents, which provides reference for safety managers' decision-making in all aspects.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 14 June 2023

Gary W. Florkowski

Drawing on the international business and game theory literature, this study assesses foreign firm treatment in the early stages of regulatory enforcement.

Abstract

Purpose

Drawing on the international business and game theory literature, this study assesses foreign firm treatment in the early stages of regulatory enforcement.

Design/methodology/approach

Treating regulation intensity as an exposure variable, negative binomial regression models were applied to firm-level data from 32 emerging markets (n = 15,331) to identify the determinants of inspection interactions. Robustness checks also were performed via variable substitutions for several predictors and an alternative form of statistical testing (i.e. Tobit regression, since it arguably better addresses dependent variables with corner solution responses).

Findings

Controlling for multiple organizational, regulatory and national characteristics, the findings are consistent with a foreign privilege, manifesting in reduced vulnerability to multiple encounters with labor inspection officials. Moreover, inward FDI stock was negatively related to the general probability of repeat interactions regardless of locus of ownership, an effect that was not moderated by stage of development or the regulatory influence of host interest groups. This collectively suggests that foreign firms not only are favored in compliance monitoring but also work post-entry to influence agencies to generally benefit business.

Research limitations/implications

More comprehensive assessments were precluded given the lack of information on reasons for contact, citations and fines, and inspectorate reactions to company responses. Second, enforcement-risk management was measured indirectly since investors' internal dealings and actions toward officials are unavailable in secondary sources.

Practical implications

These findings have important implications for social responsibility, suggesting CSR stakeholders need to track enforcement more closely and exert pressure where needed so rights are not sacrificed for economic development.

Originality/value

This study provides the most rigorous assessment to date of the role that firm, government and economic factors play in national inspection targeting. It also examined whether foreign owners pool and leverage their political influence to impact general inspection activity, a previously untested prospect.

Details

International Journal of Emerging Markets, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1746-8809

Keywords

Article
Publication date: 8 November 2022

Robin Bourgeois, Kwamou Eva Feukeu and Geci Karuri-Sebina

L'objectif visé est de nourrir les réflexions sur la colonisation du futur dans le présent en mettant particulièrement l’accent sur le continent africain. Nous visons à explorer…

Abstract

Objectif

L'objectif visé est de nourrir les réflexions sur la colonisation du futur dans le présent en mettant particulièrement l’accent sur le continent africain. Nous visons à explorer comment la recherche participative, et plus particulièrement la recherche-action anticipatoire, peut contribuer au processus de décolonisation effective.

Conception/méthodologie/approche

Considérant le futur comme un bien public, nous mobilisons une réflexion sur les processus coloniaux qui l’ont transformé, à bien des égards, en bien de club ou en bien privé. Nous faisons ensuite appel aux notions de production participative de connaissances et de recherche-action locale comme moyens de décoloniser le futur et de libérer l'imagination. Nous revisitons ensuite les principes de la recherche-action participative pour atteindre cet objectif et nous examinons les principales caractéristiques d'une recherche-action anticipatoire non coloniale dans le contexte des futurs de l'Afrique.

Résultats

Nous mettons en évidence les défis issus de la relation entre les efforts d'anticipation axés sur la recherche-action, la création d'une intelligence collective et la co-conception (codesign), dans le but d'encourager le processus de décolonisation. Cette démarche inclut des principes de conception, établit les bases pour un processus anticipatoire, potentiellement décolonial et envisage une possible réaction du système dominant à l’encontre de ce processus de décolonisation.

Implications/limitations

Il s’agit d’un travail conceptuel, qui ne fournit pas d’éléments testés sur le terrain. Toutefois, nous espérons que cela constituera un apport permettant de concevoir des méthodologies qui préviendront la colonisation du futur lors de la participation à des activités de recherche tournées vers les futurs en Afrique et ailleurs.

Originalité/valeur

Nous proposons une approche intégrale de la colonisation du futur, comme renouvellement d’une question ancienne. Nous articulons également cette démarche autour d’une réflexion sur la nature de ce que pourrait être une recherche-action anticipatoire décoloniale.

Details

foresight, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1463-6689

Keywords

1 – 10 of 17