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This chapter aims to explore the Shari’ah governance rules applied in the Malaysian Islamic banking arena and the effect of Islamic Financial Services Act 2013 on it.

This is a legal exploratory study primarily focused on library research.

Shari’ah governance is a concept that has been developed and applied gradually in Malaysia and the new Islamic Financial Services Act 2013 has taken it to the next level. However, this does not mean that it has resolved the problems in Shari’ah governance that existed before the enactment of the act.

Islamic Financial Services Act 2013 is a new statute that repealed Islamic Banking Act 1983. As such, not many have reviewed this new piece of legislation. This chapter will give insight into the evolution of Shari’ah governance as part of corporate governance of Islamic banks in Malaysia and will help explain the most recent developments in this arena along with the challenges.

Purpose of paper – This paper sets out to introduce the special issue on corporate governance in less developed and emerging economies. It summarises and reflects on themes and findings raised in the papers in the volume.

Design/methodology/approach – The findings reported in the paper are based on desk research and review of the papers contained in the volume.

Findings – The paper finds that the adoption of appropriate corporate governance systems is becoming a central issue in less developed and emerging economies. Factors such as the 1997 Asian financial crisis, the adoption of international donor led reforms, and the globalisation of capital markets are among the factors that are driving corporate governance reforms in less developed and emerging economies.

Research limitations/implications – The pressure from international donors has compelled some less developed and emerging economies to adopt corporate governance models developed in the West with no modification. The paper argues that while it is imperative for less developed and emerging economies to reform their corporate governance systems, it is important that these systems are adapted to suite the specific needs of individual countries.

Originality/value of paper – The paper is a summary of studies exploring various corporate governance issues in less developed and emerging economies. The issues addressed in these studies are important to understand corporate governance issues in both the private and public sectors in less developed and emerging economies.

The aim of this article is to describe and analyze the legal issues of enforcement for corporate governance in Vietnam, focusing primarily on constraints that are faced by companies. And subsequent recommendations to Vietnam's policy makers are raised. In support of working out a legal framework on enforcement of corporate governance, the article has initially focused on assessment of the enforcement for corporate governance in Vietnam. The theoretical framework is that of OECD Principles of Corporate Governance (April 1999, Paris). Furthermore, this article briefly raises some relevant impacts by corporate governance enforcement on compliance with best standards of corporate governance. The article also addresses current impediments on enforcement of corporate governance. It is concluded that enforcement of corporate governance requires making the legal framework perfect to assist inspectors with enforcement of corporate governance; and improvements on the legal framework to enhance the capacity of implementing officials is a need.

Public administration has struggled to develop effective practices for fostering just and sustainable responses to social, economic, and environmental crises. In this chapter, we argue that radically democratic social movements demonstrate the potential the ideal-type of Integrative Governance holds for achieving the collaborative advantage that has remained elusive to those who study and utilize traditional governance networks. Drawing from myriad studies of social movements, we demonstrate how particular social movements prefigure the philosophy and practices of this approach. Herein we focus on movements’ ethical stance of Stewardship, politics of Radical Democracy, epistemological use of Integral Knowing, and administrative practice of Facilitative Coordination, emphasizing how they use information communication technology and one-to-one organizing tactics. These practices enable social movements to integrate across the domains of sustainability and translate radically democratic modes of association from micro- to macro-scale. Thus, they shift attention from network structures, the main focus of the governance literature, to power dynamics. These movements constitute an interconnected global phenomenon, fostering solidarity across difference and prefiguring a transformation of the global political economy. Therefore, they are nascent exemplars of Integrative Governance, a more just and effective approach to global governance.

Whereas incumbents often struggle to respond to disruptive innovations, start-up companies frequently face difficulties in establishing them within existing ecosystems. Phased acquisitions, that is, trajectories where an incumbent initially takes an equity stake in a start-up and subsequently acquires it, have been suggested as viable strategy to address these challenges. Whereas prior research has focused on the macro-level governance of such phased acquisitions, the authors explore the micro-level governance, examining how the existence of and changes in particular coordination and control mechanisms can shape the phased acquisition and its performance implications. Based on a longitudinal process study of a phased acquisition in which one start-up and one incumbent jointly developed and commercialized a disruptive technology, the authors develop a process model that (1) illuminates the existence of micro-level governance shifts and their impact on the decision to transition from equity alliance to acquisition, (2) identifies specific triggers of micro-level governance shifts, and (3) emphasizes the existence of counterintuitive micro-level governance spillovers across alliance and acquisition.

In 2013, the National Mutual Acceptance (NMA) of single ethical review was introduced into the Australian public health sector to address the timeliness of multisite clinical trials. A clinical trial is usually designed to test the effects of an experimental therapeutic product. While all research involving humans must comply with ethical guidelines, clinical trials testing products in Australia are also subject to stringent regulatory controls making the need to meet trial milestones critically import. Commercial clinical trials offer participating research sites substantial financial and clinical advantages. Concerns that bureaucratic processes have impeded commercial investment have influenced countries, including Australia, to introduce single ethical review, where one ethics review is accepted at multiple sites participating in the same research project. Although a central tenet of the NMA is the standardization of the behaviors and procedures of research review, concerns of inconsistency remain. This raises the question of whether the NMA does lead public healthcare agencies to adopt similar research governance practices.

A questionnaire survey was undertaken to explore the current experiences (n = 149) of the NMA in Victorian public health agencies, and 21 semi-structured interviews were conducted to explore expectations of the future of the NMA. The findings indicated that, while there was conformity to many of the process requirements of the NMA, a persistent focus on the needs of each individual healthcare agency rather than on complying with the national system weakened pressure on agencies to adopt standardization.

The NMA has the capacity to be a powerful tool in delivering quality clinical trial outcomes, maximize research resources and create dependable performance metrics if consistent policies and governance are followed.

Reality breakdowns generate reflexivity and awareness of the constructed nature of social reality. These pivotal moments can motivate institutional inhabitants to either modify their social worlds or reaffirm the status quo. Thus, reality breakdowns are the initial points at which actors can conceive of new possibilities for institutional arrangements and initiate change processes to realize them. Studying reality breakdowns enables scholars to understand not just how institutional change occurs, but also why it does or does not do so. In this paper, we investigate how institutional inhabitants responded to a reality breakdown that occurred during our ethnography of collegial governance in a large North American university that was undergoing a strategic change initiative. Our findings suggest that there is a consequential process following reality breakdowns whereby institutional inhabitants construct the severity of these events. In our context, institutional inhabitants first attempted to restore order to their social world by reaffirming the status quo; when their efforts failed, they began to formulate alternative possibilities. Simultaneously, they engaged in a distributed sensemaking process whereby they diminished and reoriented necessary changes, ultimately inhibiting the formulation of these new possibilities. Our findings confirm reality breakdowns and institutional awareness as potential drivers of institutional change and complicate our understanding of antecedent microprocesses that may forestall the initiation of change efforts.

In recent years, there have been calls on African countries to develop disaster governance system that recognises the complex nature of disaster events and reflects how their impact can prevent governments from achieving their development objectives. This chapter examines Ghana’s response to the calls by exhuming disaster management policies and the missing links in their implementation. This research was approached by comprehensively reviewing literature related to the subject. The review was supported by field-based interviews involving key stakeholders, some of whom are directly involved with disaster policy planning and implementation. The results show that even though there are several disaster management policies, they are fragmented and found within several institutions, a situation that has created some missing links in their implementation. For instance, poor collaboration and coordination among disaster management institutions hampered efforts towards disaster risk prevention, preparedness and mitigation which are viewed as cross-cutting themes in disaster management. Even more intriguing, critical stakeholders such as community groups who often play important roles in rescue and recovery operations and continue to render humanitarian services after official operations have ended are excluded from the everyday decision-making processes. Empirically, this chapter draws attention to how endogenous interventions that are deeply rooted in the culture of the people that could support well-crafted disaster legislations are often ignored. This chapter concludes that these missing links need to be addressed in order to make Ghana resilient to disaster.

The chapter attempts to evaluate the utility of applying multi-level governance outside of the EU, and also outside of the group of democratic states, to states that have defied the third wave of democratization and that are characterized by a so-called new authoritarianism. The case is the People’s Republic of China, and the focus falls on policy-making and implementation in the field of hydropower with special attention to the issue area of environmental protection.

The chapter draws on the notion of scales and indigenous Chinese governance concepts and brings these into a conversation with the concept of multi-level governance. Case studies on hydropower decision-making in China contribute empirical data in order to investigate the utility of multi-level governance in the Chinese governance context.

The chapter argues that if multi-level governance is to have utility in other cultural contexts it needs to move away from a consideration of pre-given scales as locus of authority and consider indigenous governance concepts and notions of scale, and it crucially needs to map power relationships in the making and implementation of policies in order to reach analytical depth.

The case of China shows that authoritarian regimes can be analysed in terms of multiple levels as authoritarianism no longer automatically implies strict top-down entities. Instead, autocracies can be highly fragmented and subject to complex decision-making processes that can arise during processes of administrative reform. This can lead to vibrant and reflexive systems of governance that exhibit adaptive skills necessary to ensure regime survival amidst a continuously diversifying society and changing external circumstances. As a consequence, a research programme looking at the new authoritarianism from a multi-level governance perspective has the capacity to uncover and describe new forms of governance, by bringing the concept into a conversation with indigenous governance concepts.

In China, informal networks between the energy bureaucracy and hydropower developers determine the hydropower decision-making process. This is particularly detrimental at a time when the Chinese government emphasizes the importance of the rule of law and social stability. Informal networks in which key government agencies are involved actively thwart the attempt of creating reliable institutions and more transparent and accountable processes of decision-making within the authoritarian governance framework.

The findings show the dominance of informal networks versus the formal decision-making process. This sidelines the environmental bureaucracy and fails to fully realize the importance of public input into the decision-making process as one potential element of institutionalized conflict resolution.

The chapter builds on existing multi-level governance approaches and fuses them with notions of scales and indigenous Chinese governance concepts in order to enable the applicability of the concept of multi-level governance outside of its area of origin. This advances the explanatory depth and theoretical reach of multi-level governance.