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1 – 10 of 426The purpose of this study was to investigate a framework for the implementation of freedom of information (FOI) legislation in South Africa, against Article 19’s nine principles…
Abstract
Purpose
The purpose of this study was to investigate a framework for the implementation of freedom of information (FOI) legislation in South Africa, against Article 19’s nine principles of FOI legislation.
Design/methodology/approach
This qualitative study used semi-structured interviews to collect data from six experts selected by means of the snowball sampling technique and content analysis. The study used a modified Delphi design consisting of two rounds of interviews.
Findings
The results showed that little effort is made by government officials to demonstrate commitment to the implementation of FOI legislation.
Practical implications
The passing of FOI is expected to reduce corruption, increase public participation, reduce the level of secrecy and increase transparency and openness. This is not the case as the implementation of this socioeconomic right in South Africa is faced by numerous challenges, such as a lack of political will, secrecy laws providing for the opposite of what the FOI legislation seeks to achieve, poor legislative interpretation and a lack of clear policies. The study proposes a framework aimed at addressing these challenges.
Originality/value
The study provides a framework for the implementation of FOI legislation. The framework was developed under the guidance of Article 19 principles of freedom of information legislation.
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Maria Aluchna, Maria Roszkowska-Menkes and Bogumił Kamiński
Non-financial reporting (NFR) is viewed as a major step towards organisational transparency and accountability. While the number of non-financial reports published every year has…
Abstract
Purpose
Non-financial reporting (NFR) is viewed as a major step towards organisational transparency and accountability. While the number of non-financial reports published every year has been growing exponentially over the last two decades, their quality and effectiveness in managing environmental, social and governance (ESG) performance have been questioned. Addressing these concerns, several jurisdictions, including EU Member States, introduced mandatory NFR regimes. However, the evidence on whether such regulation truly translates into enhanced ESG performance remains scarce. This paper aims to fill this gap in the literature by investigating the impact of the EU’s Directive 2014/95/EU (Non-financial Reporting Directive, NFRD) on the ESG scores of Polish companies.
Design/methodology/approach
Drawing upon institutional and strategic perspectives on legitimacy theory, the authors test the relationship between the introduction of the NFRD and the ESG scores derived from the Refinitiv database, using a sample of all those companies listed on the Warsaw Stock Exchange whose disclosure allows for measuring ESG performance (yielding 171 firm-year observations from 43 companies).
Findings
This study’s findings show an improvement of ESG performance following the introduction of the NFRD. The difference-in-differences approach indicates that the improvement is larger for companies that are subject to the legislation when it comes to overall ESG performance, particularly for environmental and social performance. Nonetheless, to the best of the authors’ knowledge, no significant effect is found for performance in the governance dimension.
Originality/value
This study investigates the role of transnational mandatory reporting regulation in the first years of its enactment. The evidence offers insights into the effects of disclosure legislation in the context of an underdeveloped institutional environment.
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Jacqui-Lyn McIntyre, Duane Aslett and Nico Buitendag
This paper aims to focus on the use of unexplained wealth orders (UWOs) in South Africa as a civil method to act upon lifestyle audit results that have indicated wealth from…
Abstract
Purpose
This paper aims to focus on the use of unexplained wealth orders (UWOs) in South Africa as a civil method to act upon lifestyle audit results that have indicated wealth from unknown, possibly unlawful, sources.
Design/methodology/approach
This paper applied a comparative methodology. Legislation and the application of UWOs in Ireland, the UK and Australia were compared with the situation in South Africa.
Findings
It is proposed that South Africa includes UWO legislation within its Prevention of Organised Crime Act or be established as a separate piece of legislation. Also, South Africa should follow both the civil and criminal route to target the proceeds of crime.
Originality/value
Corruption in South Africa is rampant and, without the necessary legislation, impossible to fight. For these purposes, this paper proposes measures to be used from a civil forfeiture perspective.
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Jody Heymann, Sheleana Varvaro-Toney, Amy Raub, Firooz Kabir and Aleta Sprague
While only one aspect of fulfilling equal rights, effectively addressing workplace discrimination is integral to creating economies, and countries, that allow for everyone's full…
Abstract
Purpose
While only one aspect of fulfilling equal rights, effectively addressing workplace discrimination is integral to creating economies, and countries, that allow for everyone's full and equal participation.
Design/methodology/approach
Labor, anti-discrimination, and other relevant pieces of legislation were identified through the International Labor Organization's NATLEX database, supplemented with legislation identified through country websites. For each country, two researchers independently coded legislation and answered questions about key policy features. Systematic quality checks and outlier verifications were conducted.
Findings
More than 1 in 5 countries do not explicitly prohibit racial discrimination in employment. 54 countries fail to prohibit unequal pay based on race. 107 countries prohibit racial and/or ethnic discrimination but do not explicitly require employers to take preventive measures against discrimination. The gaps are even larger with respect to multiple and intersectional discrimination. 112 countries fail to prohibit discrimination based on both migration status and race and/or ethnicity; 103 fail to do so for foreign national origin and race and/or ethnicity.
Practical implications
Both recent and decades-old international treaties and agreements require every country globally to uphold equal rights regardless of race. However, specific national legislation that operationalizes these commitments and prohibits discrimination in the workplace is essential to their impact. This research highlights progress and gaps that must be addressed.
Originality/value
This is the first study to measure legal protections against employment discrimination based on race and ethnicity in all 193 UN countries. This study also examines protection in all countries from discrimination on the basis of characteristics that have been used in a number of settings as a proxy for racial/ethnic discrimination and exclusion, including SES, migration status, and religion.
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Background: Commodity-driven deforestation is a major driver of forest loss worldwide, and globalisation has increased the disconnect between producer and consumer countries…
Abstract
Background: Commodity-driven deforestation is a major driver of forest loss worldwide, and globalisation has increased the disconnect between producer and consumer countries. Recent due-diligence legislation aiming to improve supply chain sustainability covers major forest-risk commodities. However, the evidence base for specific commodities included within policy needs assessing to ensure effective reduction of embedded deforestation.
Methods: We conducted a rapid evidence synthesis in October 2020 using three databases; Google Scholar, Web of Science, and Scopus, to assess the literature and identify commodities with the highest deforestation risk linked to UK imports. Inclusion criteria include publication in the past 10 years and studies that didn't link commodity consumption to impacts or to the UK were excluded. The development of a review protocol was used to minimise bias and critical appraisal of underlying data and methods in studies was conducted in order to assess the uncertainties around results.
Results: From a total of 318 results, 17 studies were included in the final synthesis. These studies used various methodologies and input data, yet there is broad alignment on commodities, confirming that those included in due diligence legislation have a high deforestation risk. Soy, palm oil, and beef were identified as critical, with their production being concentrated in just a few global locations. However, there are also emerging commodities that have a high deforestation risk but are not included in legislation, such as sugar and coffee. These commodities are much less extensively studied in the literature and may warrant further research and consideration.
Conclusion: Policy recommendations in the selected studies suggests further strengthening of the UK due diligence legislation is needed. In particular, the provision of incentives for uptake of policies and wider stakeholder engagement, as well as continual review of commodities included to ensure a reduction in the UK's overseas deforestation footprint.
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Iddrisu Mohammed, Alexander Preko, Samuel Kwami Agbanu, Timothy K. Zilevu and Akorfa Wuttor
This conceptual paper aims to explore government regulatory responses of social networking platforms (SNP) and tourism destination evangelism. This research draws on a two-phase…
Abstract
Purpose
This conceptual paper aims to explore government regulatory responses of social networking platforms (SNP) and tourism destination evangelism. This research draws on a two-phase data source review of government legislations that guarantee social media users and empirical papers related to social media platforms. The results revealed that Ghana has adopted specific legislations that manage and control SNP. To the best of the author’s knowledge, this study is the first of its kind that synthesized government legislation and empirical papers on social networking platforms in evangelising destinations which have been missing in extant literature.
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A deteriorating security situation and an increased need for defence equipment calls for new forms of collaboration between Armed Forces and the defence industry. This paper aims…
Abstract
Purpose
A deteriorating security situation and an increased need for defence equipment calls for new forms of collaboration between Armed Forces and the defence industry. This paper aims to investigate the ways in which the accelerating demand for increased security of supply of equipment and supplies to the Armed Forces requires adaptability in the procurement process that is governed by laws on public procurement (PP).
Design/methodology/approach
This paper is based on a review of current literature as well as empirical data obtained through interviews with representatives from the Swedish Defence Materiel Administration and the Swedish defence industry.
Findings
Collaboration with the globalized defence industry requires new approaches, where the PP rules make procurement of a safe supply of defence equipment difficult.
Research limitations/implications
The study's empirical data and findings are based on the Swedish context. In order to draw more general conclusions in a defence context, the study should be expanded to cover more nations.
Practical implications
The findings will enable the defence industry and the procurement authorizations to better understand the requirements of Armed Forces, and how to cooperate under applicable legal and regulatory requirements.
Originality/value
The paper extends the extant body of academic knowledge of the security of supply into the defence sector. It serves as a first step towards articulating a call for new approaches to collaboration in defence supply chains.
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This paper aims to understand the discrepancy between Germany’s immediate positive response to the so-called “Europe 2015's refugee crisis“ and the strict asylum legislation…
Abstract
Purpose
This paper aims to understand the discrepancy between Germany’s immediate positive response to the so-called “Europe 2015's refugee crisis“ and the strict asylum legislation adopted in Germany in the following year.
Design/methodology/approach
The discrepancy is attributed to external and internal forces. The external force is Germany’s obligation to adhere to the Common European Asylum System. The internal force is the role of the different policy actors. The paper focuses on the role of the media as an example of a private policy actor. Through adopting the theory of the social construction of target populations, the paper studies how the media constructs “asylum seekers”, the target of the new asylum legislation. The role of the media is analyzed using the methodology of qualitative content analysis of a selected number of newspaper articles.
Findings
The majority of the studied articles problematized receiving and hosting refugees and focused on the reason behind migration differentiating between asylum seekers fleeing conflict areas and all others who might be abusing the asylum channel. The findings of the content analysis, as such, resonate with the amendments that focused on facilitating the integration of accepted “refugees” but restricted further entry. As such, it could be argued that these findings explain the influence of the media on the amendments and as such provide an explanation to the discrepancy between the initial response and the amendments.
Research limitations/implications
The analysis focused on one newspaper. The findings, as such, are not representative. The aim is only to provide an example of how the German media dealt with the refugee crisis and to suggest using the theory chosen by the paper to analyze the link between asylum legislation and the construction of asylum seekers. To understand how asylum legislation is influenced by how asylum seekers are constructed, more studies are needed. Such studies could analyze the role played by other media outputs and/or the role played by other policy actors in constructing the target of the policy.
Originality/value
The media’s response is based on analyzing a sample of newspaper articles published by a German newspaper following the so-called 2015 refugee crisis. Accordingly, the findings represent an original endeavor to understand how the media reacted to the crisis.
This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Abstract
Purpose
This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Design/methodology/approach
This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique.
Findings
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country.
Research limitations/implications
Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings.
Practical implications
This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback.
Social implications
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government.
Originality/value
The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.
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Tomas Wörlund Rylenius and Mo Hamza
This paper aims to challenge the view of Sweden’s climate leadership by problematizing its domestic climate adaptation governance and highlighting the need for a more holistic…
Abstract
Purpose
This paper aims to challenge the view of Sweden’s climate leadership by problematizing its domestic climate adaptation governance and highlighting the need for a more holistic view of adaptation. The paper highlights aspects that are troublesome for not only the built environment along coastlines but also the future of Sweden’s standing as a climate leader. The paper concludes with recommendations addressing the key areas of climate adaptation fragmentation in Sweden and calls for a more holistic view of adaptation, and one that takes into account resources, collaboration and coherence of governance vision.
Design/methodology/approach
The paper is a comprehensive analysis of internal governance processes in climate change adaptation. It is based on an extensive literature review and semi-structured interviews at the local level – i.e. municipalities – who have the primary responsibility for adaptation to climate change in Sweden.
Findings
Findings point to three-fold concerns. First, there is a lack of clarity on roles and responsibilities in adaptation among municipalities, regions and governmental agencies. Second, the gap between available finance and actual needs for climate change adaptation presents a major challenge when channels and pathways are not clear either. Finally, some adaptation strategies on both the local and national scales may be maladaptive in the long term.
Originality/value
Sweden consistently ranks highly in different climate performance indices and has acquired an international reputation as a climate leader. The paper challenges this narrative. Through a closer look the paper’s findings reveal a more fragmented picture of climate adaptation governance in the country with a myriad of unresolved questions and ad hoc solutions, where adaptation challenges are more pronounced and manifest in the built environment along the coastlines.
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