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1 – 10 of over 31000Giri Gundu Hallur and Vivek S. Sane
The purpose of this paper is to present a cross-country qualitative comparative analysis of telecom regulatory frameworks of five countries with that of India. Adopting an…
Abstract
Purpose
The purpose of this paper is to present a cross-country qualitative comparative analysis of telecom regulatory frameworks of five countries with that of India. Adopting an institutionalist approach, this paper contributes to understanding of how institutional frameworks in these five countries are structured as compared to that in India so as to ensure division of the authority and scope of the regulator vis-a-vis that of the ministry, and the bureaucracy; financial autonomy of the regulator; redressal of grievances of individual consumers; and modification in the framework to cater to convergence of telecom and broadcasting.
Design/methodology/approach
The study is based on literature review of research papers, secondary research and documents published by the regulators of the five countries. The research methodology used is qualitative comparative analysis case-based research of five countries. The variables for comparison have been sourced from the World Bank Handbook for Evaluating Infrastructure Regulatory System. The researcher has adopted qualitative research method to bring forth the similarity, as well as the diversity in the regulatory setup of the five countries in comparison with India.
Findings
Analysis reveals that there is an absence of clear role definition for policy formulating body, the DoT and the regulatory body, the TRAI. The involvement of a number of bodies leads to duplication of regulatory functions in the TRAI, DoT and the Telecom Commission. Secondly, with respect to standards, compliance and spectrum management, the TEC and WPC function as divisions of DoT; however, the TRAI is entrusted with ensuring interoperability among service providers as well as spectrum management. This leads to duplication of regulatory functions and absence of a single authority. Lastly, funding of the TRAI is done through the departmental allocation given to DoT alone with no additional funds coming in the form of regulatory fees. This is seen to be specific to TRAI as other sector regulators in India have been empowered to collect fees from industry participants. The Indian framework shows two commonalities in comparison with the five countries; firstly, India has adopted self-regulation through the setting up of the Telco-consumer group-led consumer redressal process. The second similarity being convergence of the regulatory functions performed by the TRAI for the telecom as well as the information and broadcasting ministries, although the two ministries continue to function independently.
Originality/value
The paper furthers the understanding of the good practices in the design of telecom regulatory framework. It brings out the similarity and diversity in these frameworks. And, most importantly, it highlights limitations that the Indian telecom regulatory framework has in areas of role definition for the regulator, its autonomy and regulation of telecom-media convergence.
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This paper provides a comprehensive overview of the gradual evolution of the supervisory policy adopted by the Basel Committee for the regulatory treatment of asset…
Abstract
This paper provides a comprehensive overview of the gradual evolution of the supervisory policy adopted by the Basel Committee for the regulatory treatment of asset securitisation. The pathology of the new “securitisation framework” is carefully highlighted to facilitate a general understanding of what constitutes the current state of computing adequate capital requirements for securitised credit exposures. Although a simplified sensitivity analysis of the varying levels of capital charges depending on the security design of asset securitisation transactions is incorporated, the author does not engage in a profound analysis of the benefits and drawbacks implicated in the new securitisation framework.
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Alexander Styhre and Rebecka Arman
Institutional theorists treat law and regulations as external factors that is part of the organization’s environment. While institutional theory has been criticized for…
Abstract
Purpose
Institutional theorists treat law and regulations as external factors that is part of the organization’s environment. While institutional theory has been criticized for its inability to recognize the role of agents and to theorize agency, the growing literature on institutional work and institutional entrepreneurship, partially informed by and co-produced with practice theory, advances a more dynamic view of processes of institutionalization. In order to cope with legal and regulatory frameworks, constituting the legal environment of the organization, there are evidence of organizational responses in the form of bargaining, political negotiations, and decoupling of organizational units and processes. The purpose of this paper is to report how legal and regulatory frameworks both shape clinical practices while at the same time they are also informed by the activities and interests of professional communities and commercial clinics.
Design/methodology/approach
This paper reports an empirical study of the Swedish-assisted conception industry and is based on a case study methodology including the use of interviews and formal documents and reports issues by governmental agencies.
Findings
The empirical material demonstrates how scientists in reproductive medicine and clinicians regard the legal and regulatory framework as what ensures and reinforces the quality of the therapies. At the same time, they actively engage to modify the legal and regulatory framework in the case when they believe it would benefit the patients. The data reported presents one successful case of how PGD/PGS can be used to develop the efficacy of the therapy, and one unsuccessful case of regulatory change in the case of patient interest groups advocating a legalization of commercial gestational surrogacy. In the former case, scientific know-how and medicinal benefits served to “push” the new clinical practice, while in the latter case, the “demand-pull” of patient interest groups fails to get recognition in regulatory and policy-making quarters.
Originality/value
The study contributes to the literature on agency in institutional theory (e.g. the emerging literature on institutional work) by emphasizing how legal and regulatory frameworks are in a constant process of being modified and negotiated in the face of novel technoscientific practices and social demands. More specifically, this process include many scientific, technological, economic, political and social relations and resources, making the legal environment of organizations what is the outcome from joint negotiations and agreements across organizational and professional boundaries.
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Cristina Inversi, Lucy Ann Buckley and Tony Dundon
The purpose of this paper is to advance a conceptual analytical framework to help explain employment regulation as a dynamic process shaped by institutions and actors. The…
Abstract
Purpose
The purpose of this paper is to advance a conceptual analytical framework to help explain employment regulation as a dynamic process shaped by institutions and actors. The paper builds on and advances regulatory space theory.
Design/methodology/approach
The paper analyses the literature on regulatory theory and engages with its theoretical development.
Findings
The paper advances the case for a broader and more inclusive regulatory approach to better capture the complex reality of employment regulation. Further, the paper engages in debates about the complexity of employment regulation by adopting a multi-level perspective.
Research limitations/implications
The research proposes an analytical framework and invites future empirical investigation.
Originality/value
The paper contends that existing literature affords too much attention to a (false) regulation vs deregulation dichotomy, with insufficient analysis of other “spaces” in which labour policy and regulation are formed and re-formed. In particular, the proposed framework analyses four different regulatory dimensions, combining the legal aspects of regulation with self-regulatory dimensions of employment regulation.
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Firas Murrar and Khaled Barakat
This study aims to define the role of the Financial Action Task Force (FATF) and its Style Regional Bodies (FSRBs) that combat money laundering (ML) and terrorist…
Abstract
Purpose
This study aims to define the role of the Financial Action Task Force (FATF) and its Style Regional Bodies (FSRBs) that combat money laundering (ML) and terrorist financing (TF) by measuring how well some Arab countries have complied with FATF’s “Forty Recommendations” with respect to the regulatory framework.
Design/methodology/approach
This study combines the comparative analysis methodology with a descriptive analytical approach to compare three member countries of the Middle East and North Africa Financial Action Task Force (MENAFATF). It uses secondary data sources, namely, theoretical literature on the subject and FATF reports on mutual evaluation reports (MERs).
Findings
This study examined the variations in compliance with FATF standards among three member countries of MENAFATF: Bahrain, Morocco and Jordan. While Bahrain has almost completely fulfilled these standards, Morocco and Jordan have only partially fulfilled them. These variations in compliance are mainly attributed to the uneven level of readiness in the countries’ commitment to the legislative and regulatory requirements before the process of mutual evaluation.
Originality/value
Researchers can find several studies on the role of FATF and FSRBs in combating ML and TF. However, no studies have focussed on the application levels of FATF standards, which are relevant to the regulatory frameworks of member countries. This study makes a unique and vital contribution, as it demonstrates the effectiveness of applying the FATF standards.
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Strong versions of the Precautionary Principle (PP) require regulators to prohibit or impose technology controls on activities that pose uncertain risks of possibly…
Abstract
Strong versions of the Precautionary Principle (PP) require regulators to prohibit or impose technology controls on activities that pose uncertain risks of possibly significant environmental harm. This decision rule is conceptually unsound and would diminish social welfare. Uncertainty as such does not justify regulatory precaution. While they should reject PP, regulators should take appropriate account of societal aversion to risks of large harm and the value of obtaining additional information before allowing environmentally risky activities to proceed.
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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Jocelyn Grira and Chiraz Labidi
This chapter discusses the regulatory challenges faced by financial institutions in emerging countries and it presents their specific features compared to financial…
Abstract
This chapter discusses the regulatory challenges faced by financial institutions in emerging countries and it presents their specific features compared to financial institutions in developed countries. It offers a practical way of implementing regulatory changes while accounting for emerging countries’ specific features. Using a principle-based approach, this chapter builds on the recent regulatory developments in both developed and developing market economies. It relates these developments to industry best practices as well as the current state of the art in risk management and corporate governance. The findings show how the regulation of financial institutions in emerging countries differs from that in developed countries. Different approaches to mitigate the divergences and fill the gaps are discussed. Both regulators and financial institutions in emerging countries will find this chapter offers a practical point of view based on field and industry experience on how to interpret and apply regulations and adopt best practices in risk management in a way that accounts for emerging countries’ specific features.
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Hamid Ashraf and Frederick Cawood
The purpose of this paper is to develop a mineral policy development framework for Pakistan based on seven key elements derived from the gap analysis of Pakistan’s current…
Abstract
Purpose
The purpose of this paper is to develop a mineral policy development framework for Pakistan based on seven key elements derived from the gap analysis of Pakistan’s current framework with leading developing minerals-based economies. Pakistan is gifted with significant mineral resources that have the potential to lift its economy and bring prosperity to its citizens. For this to happen, Pakistan must formulate a mineral policy based on leading practices to attract mining investment for economic growth.
Design/methodology/approach
This paper develops a new mineral policy framework from the lessons derived from the gap analysis conducted in the first paper of this research. These lessons are called the “elements of development” which, after evaluation with the existing framework, will provide the suggested strategic fit measures for the formulation of the new mineral policy framework for Pakistan.
Findings
A new mineral policy framework is proposed based on seven key enablers, namely, institutional framework, stable political economy, legal framework, regulatory framework, fiscal framework, stakeholder participation and sustainable development. A new organisational structure of the Ministry is also proposed based on the generally accepted organisational structure of tiers, implementation and regulatory bodies.
Practical implications
The key constraints for Pakistan’s mineral sector are as follows: the sector is lacking an enabling institutional framework for efficient access to mineral resources and lacks an enabling fiscal and regulatory framework including secure mineral rights system for mining to enhance the economic attractiveness of the sector.
Originality/value
This paper presents original work on the development of a new mineral policy framework for Pakistan to extract maximum benefit from its mineral resources.
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Stephen Korutaro Nkundabanyanga, Gorettie Kyeyune Nakyeyune and Moses Muhwezi
Despite the advancement of the assumptions of agency and institutional theories whereby monitoring structures and controls form the basis of management, inadequate public…
Abstract
Purpose
Despite the advancement of the assumptions of agency and institutional theories whereby monitoring structures and controls form the basis of management, inadequate public finance regulatory compliance among public entities has continued to be a challenge. The purpose of this paper is to examine how to break out of the apparent cycle of failures to comply with public finance regulations.
Design/methodology/approach
A cross-sectional study that integrates two approaches (cooperative and coercive models) drawing from the view that in central government agencies, there may be stewards and also agents motivated by self-interest, suggesting that the most promising framework is that which renders the traditional ways of achieving regulatory compliance to be supplemented with the stewardship model. Thus, the authors focus on four variables: management mechanisms, ethical climate, deterrence measures and public finance regulatory compliance all drawn from agency, institutional and stewardship theories. The authors collect data from 67 central government agencies in Uganda using a structured questionnaire.
Findings
The authors find that management mechanisms dimensions of leadership support and organisational commitment significantly associate with public finance regulatory compliance and so too are deterrence measures particularly oversight organs, penalties and procedural justices.
Research limitations/implications
Public finance regulatory compliance can be improved through management mechanisms and deterrence measures.
Originality/value
The study generates empirical evidence on the applicability of stewardship theory in the management of public entities for regulatory compliance
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