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Article
Publication date: 14 November 2023

Brajesh Mishra and Avanish Kumar

Globally, the governance has shifted from positivist to the regulatory-centric approach, necessitating accurate contouring of regulatory governance framework. The study proposes a…

Abstract

Purpose

Globally, the governance has shifted from positivist to the regulatory-centric approach, necessitating accurate contouring of regulatory governance framework. The study proposes a novel approach to unravel the regulatory governance framework in the context of the Indian electronics industry – extendable to other sectors in India and other emerging economies.

Design/methodology/approach

The research objective has been operationalized through document analysis and thematic analysis of semi-structured interview transcripts in three steps: (1) arrive at parameters of the regulatory governance framework, (2) identify instruments against each parameter and (3) characterize parameters in terms of dominant instruments and their underlying modalities. The authors have adopted a set of 6 Cs modalities (control, communications, competition, consensus, code and collaboration) and regulatory space theory to analyze existing modalities mix in the dominant instruments.

Findings

In summary, the study has (1) identified eight macro and twenty micro regulatory governance parameters, (2) mapped regulatory governance parameters with instruments and institutions (3) revealed the top two dominant modalities for each regulatory governance parameter.

Practical implications

The existing modality characteristics of regulatory governance parameters can be used by manufacturers, investors and other stakeholders to make a realistic assessment of regulatory governance and reduce regulatory risk and regulatory burden.

Originality/value

The multidimensional use of parameters, instruments and modalities broadens the understanding of the existing regulatory governance framework and may assist the regulators in optimizing it to meet market requirements.

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 January 2018

Giri 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.

Details

Digital Policy, Regulation and Governance, vol. 20 no. 1
Type: Research Article
ISSN: 2398-5038

Keywords

Article
Publication date: 28 February 2023

Xiaowei Wang, Yang Yang, Albert P.C. Chan, Hung-lin Chi and Esther H.K. Yung

With the increasing use of small unmanned aircrafts (SUAs), many countries have enacted laws and regulations to ensure the safe use of SUAs. However, there is a lack of…

Abstract

Purpose

With the increasing use of small unmanned aircrafts (SUAs), many countries have enacted laws and regulations to ensure the safe use of SUAs. However, there is a lack of industry-specific regulations accounting for the unique features of construction-related SUA operations. Operating SUAs in the construction industry is attributed to specific risks and challenges, which should be regulated to maximize the utility of SUAs in construction. This study, therefore, aims to develop a multi-dimensional regulatory framework for using SUAs in the construction industry.

Design/methodology/approach

A combination of quantitative and qualitative methods was used to compare seven selected national/regional SUA regulations to identify the applicability of implementing the existing regulations in construction. The interview surveys were then conducted to diagnose the challenges of construction-related SUA operations and gather interviewees' suggestions on the regulatory framework for SUA uses in construction.

Findings

The research found that some challenges of construction-related SUAs operations were not addressed in the current regulations. These challenges included the complex and time-consuming SUA operation permit, lack of regulation for special SUA operations in construction, insufficient regulatory compliance monitoring and a lack of construction-related remote pilots' training. A regulatory framework was then developed based on the findings of comparative analysis and interview surveys.

Research limitations/implications

This study mainly compared seven representative countries/regions' regulations, leading to a small sample size. Further research should be carried out to study the SUA regulations in other places, such as South Africa, South America or Middle East countries. Besides, this study's respondents to the interviews were primarily concentrated in Hong Kong, which may cause the interview results to differ from the construction industry in other countries/regions. A large-scale interview survey should be conducted in other places in the future to validate the current findings.

Practical implications

The proposed regulatory framework provides a reference for the policy-makers to formulate appropriate industry-specific SUA regulations and improve the applicability of SUA regulations in the construction industry. It sheds light upon the future of SUA regulations and the development of regulatory practice in this area.

Originality/value

This study is the first to propose a multi-dimensional regulatory framework for operating SUAs in construction by comprehensive policy comparisons and interviews. The regulatory framework offers a fresh insight into the unexplored research area and points out the direction for subsequent studies on SUA regulations in the construction industry.

Details

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

Keywords

Article
Publication date: 13 December 2021

Brajesh Mishra and Avanish Kumar

The regulatory framework may be construed as the existence of supporting infrastructure that assists in control, direction/implementation of a proposed course of law, rule or…

456

Abstract

Purpose

The regulatory framework may be construed as the existence of supporting infrastructure that assists in control, direction/implementation of a proposed course of law, rule or action. The regulatory order is now more formalized, expert-driven, transparent, independent and pervasive across countries and sectors. As a result, regulatory reforms enable markets to function efficiently by providing a supportive environment for increased investment, private sector growth and market-led economic growth. This study aims to review previous literature for understanding the impact of sectoral regulatory framework on sectoral performance.

Design/methodology/approach

This paper has adopted a systematic literature review to understand dynamics between the sectoral regulatory framework and sectoral performance. While seven multidisciplinary databases were used to identify 51 research articles, the bibliometric research profiling was executed to broaden academic research.

Findings

The results are organized into three broad categories: research context, research area and research methods. The identified articles exhibited association with 12 distinct sectors/industries, with maximum articles belonging to telecom, energy and finance industries. The study has focused on evolution of regulatory studies, impact of regulatory framework on sectoral performance and commonality in regulatory studies. Among the 15 distinct research contexts identified in this systematic literature review (SLR), the highest mapping was registered (from 23 articles) by the research context “impact of regulatory framework on the sector–institutions, infrastructure and performance indicators.”

Practical implications

Public administration researchers are increasingly using mixed methods research approaches to add diverse and novel perspectives on wicked problems. The qualitative approach (grounded theory, action research, phenomenology and participant observations) is appropriate for understanding the native viewpoints of regulatory practitioners and reducing the gap between rigor and relevance.

Originality/value

The study addresses lack of systematic review of articles covering the impact of regulatory framework on sectoral performance encompassing all sectors by, inter alia, collating important bibliometric profiles of the identified articles.

Details

International Journal of Productivity and Performance Management, vol. 72 no. 5
Type: Research Article
ISSN: 1741-0401

Keywords

Article
Publication date: 1 March 2005

Andreas Jobst

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…

1329

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.

Details

Journal of Financial Regulation and Compliance, vol. 13 no. 1
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 8 June 2015

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 its…

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.

Details

Qualitative Research in Organizations and Management: An International Journal, vol. 10 no. 2
Type: Research Article
ISSN: 1746-5648

Keywords

Article
Publication date: 3 April 2017

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 paper…

1377

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.

Details

Employee Relations, vol. 39 no. 3
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 13 June 2020

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 financing (TF…

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.

Details

Journal of Money Laundering Control, vol. 24 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 20 February 2024

Ambareen Beebeejaun and Teekshna Maharoo

Financial institutions, including banks, have their responsibilities to contribute towards the preservation of the environment. Green banking is an emerging concept that involves…

Abstract

Purpose

Financial institutions, including banks, have their responsibilities to contribute towards the preservation of the environment. Green banking is an emerging concept that involves eco-friendly initiatives by banks and although Mauritius lacks a comprehensive regulatory framework for green banking, there exists a few green regulations and guidelines. Accordingly, the purpose of this study is to critically analyse the existing legal and regulatory framework on green banking in Mauritius. It is expected that this study will showcase the need for some more robust and proper green banking legal and regulatory framework in Mauritius.

Design/methodology/approach

To achieve the research objective, a black-letter analysis is used to analyse the existing regulatory framework in Mauritius. Moreover, a comparative analysis of the current legal frameworks on green banking in countries like Bangladesh, Indonesia, Pakistan and the UK is carried out.

Findings

This study recommends the establishment of a guideline or legal framework for green banking, a Sustainable Finance Policy, a legal binding framework for issuance of bonds, adoption of a Task Force on Climate-related Financial Disclosure guideline, compulsory environmental reporting and disclosures and a green standard rating.

Originality/value

To the best of the authors’ knowledge, this research is among the first literature on green banking laws, especially in the context of a developing country being Mauritius, and it is anticipated that the findings are of use not only to academics but also to the wider community in general.

Details

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

Keywords

Book part
Publication date: 15 August 2002

Richard B. Stewart

Strong versions of the Precautionary Principle (PP) require regulators to prohibit or impose technology controls on activities that pose uncertain risks of possibly significant…

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.

Details

An Introduction to the Law and Economics of Environmental Policy: Issues in Institutional Design
Type: Book
ISBN: 978-0-76230-888-0

1 – 10 of over 46000