International Journal of Law and Management最新文献

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Taking the edge of ostracism – a slow death: from socio-legal perspective 从社会法律角度看排斥的边缘--缓慢的死亡
IF 1.5
International Journal of Law and Management Pub Date : 2024-02-26 DOI: 10.1108/ijlma-01-2024-0011
Swati Chaudhury, Aditi Gupta, Kiran Nair, Apoorva Vats, Ranjan Chaudhuri, Zahid Hussain, Sheshadri Chatterjee
{"title":"Taking the edge of ostracism – a slow death: from socio-legal perspective","authors":"Swati Chaudhury, Aditi Gupta, Kiran Nair, Apoorva Vats, Ranjan Chaudhuri, Zahid Hussain, Sheshadri Chatterjee","doi":"10.1108/ijlma-01-2024-0011","DOIUrl":"https://doi.org/10.1108/ijlma-01-2024-0011","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>First, with real-life examples and current research, this study aims to demonstrate the existence of various forms of ostracism (linguistic, gender, social and workplace). Second, following the “need-threat model,” this research addresses the previously unaddressed topic of coping with, reducing, mitigating or curbing workplace ostracism. Moreover, the researchers also proposed a “multiplying effect model” of ostracism.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>Data was gathered from 199 service sector employees. The NVivo software is used for the thematic analysis of qualitative data(suggestions) gathered using open ended question on how to mitigate/reduce/curb ostracism.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>The results generated were the suggestive measures, which were further categorized under three major themes: individual, society and organizational. The measures to reduce, mitigate and stop the practices of workplace ostracism can be initiated on all these three levels.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>This is the only study that addresses the subject of decreasing, alleviating or eliminating workplace ostracism and explains the compounding effect of ostracism by suggesting a multiplying effect model. The study will pique the interest of the government and legislators to propose legal measures to prevent ostracism and achieve sustainable development goals (gender equality and reduced inequalities. The study’s practical, social, theoretical and managerial utility are discussed in the implications section.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"101 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139955333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Development and implementation of medication-related clinical rules for obstetrics, gynaecology, and paediatric outpatients. 为产科、妇科和儿科门诊病人制定和实施与用药相关的临床规则。
International Journal of Law and Management Pub Date : 2024-02-22 DOI: 10.1136/ejhpharm-2021-003170
Quanyao Chen, Luwei Wang, Min Lin, Weida Chen, Wen Wu, Yao Chen
{"title":"Development and implementation of medication-related clinical rules for obstetrics, gynaecology, and paediatric outpatients.","authors":"Quanyao Chen, Luwei Wang, Min Lin, Weida Chen, Wen Wu, Yao Chen","doi":"10.1136/ejhpharm-2021-003170","DOIUrl":"10.1136/ejhpharm-2021-003170","url":null,"abstract":"<p><strong>Objectives: </strong>Prescription errors can cause serious adverse drug events. Clinical decision support systems prevent prescription errors; however, real-time clinical rules in obstetrics, gynaecology, and paediatric outpatients remain unexplored. We evaluated the effects of localised, real-time clinical rules on alert rates and acceptance rates compared with manual prescription review.</p><p><strong>Methods: </strong>We developed real-time clinical rules that incorporate information systems to obtain characteristic information and laboratory values. We conducted a retrospective cohort study to compare the alert and recommendation acceptance rates of all prescription error types before and after clinical rule implementation in obstetrics, gynaecology, and paediatrics. Clinical rules, prescription error types, and alerts were determined by a prescribing review committee comprising physicians, pharmacists, nurses, and administrators. The difference in alert and acceptance rates between the groups was analysed using relative risk.</p><p><strong>Results: </strong>The number of alerts increased after clinical rules implementation; the number of on-duty pharmacists for review decreased from 10 to 2. Compared with those with manual review, the alert rates for paediatrics and obstetrics and gynaecology increased with the clinical rules by 3.97- and 11.26-fold, respectively, and the alert rates for drug-drug interactions (DDIs) and combined medication errors in obstetrics and gynaecology increased with the clinical rules by 26.10- and 26.54-fold, respectively. In paediatrics, the alert rate for all prescription error types was higher with the clinical rules review than with the manual review; the alert rates for DDI, dosage, and combination medication errors were significantly different between the clinical rules and the manual review. However, there was no difference in the recommendation acceptance rate between the manual review and the clinical rules.</p><p><strong>Conclusions: </strong>Clinical rules can identify prescription errors that manual review cannot detect and ensure real-time review efficiency in high-volume outpatient prescription settings. The high acceptance rate and modification of prescriptions may be relevant to highly customised and localised clinical rules.</p>","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"58 1","pages":"101-106"},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10895191/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84743335","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Intellectual capital efficiency: the missing piece to your corporate governance and profitability puzzle 知识资本效率:公司治理和盈利难题中缺失的一环
IF 1.5
International Journal of Law and Management Pub Date : 2024-02-20 DOI: 10.1108/ijlma-09-2023-0205
Misal Ijaz, Abeera Zarrar, Farah Naz
{"title":"Intellectual capital efficiency: the missing piece to your corporate governance and profitability puzzle","authors":"Misal Ijaz, Abeera Zarrar, Farah Naz","doi":"10.1108/ijlma-09-2023-0205","DOIUrl":"https://doi.org/10.1108/ijlma-09-2023-0205","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>The purpose of this study is to evaluate the synergy of corporate governance (CG) with intellectual capital (IC) and to assess the moderating effect of profitability indicator on the aforementioned synergy using agency theory, resource-based view theory and theory of financial ratios as conceptual frameworks.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>The sample includes 72 companies with a six-year data set drawn from the KSE 100 Index companies of Pakistan. In addition, the study adopts Pulic’s model to compute the efficiency of IC. The research uses fixed-effect panel regression for analysis and two-stage least squares regression (2SLS) to address endogeneity issues in the estimation process.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>The results showcased that chief executive officer duality possesses negligible impact on IC efficiency (ICE), while independent directors, audit committees and board size tend to attain a strong association with IC. Moreover, it postulates that the moderation of return on equity strengthens the path between all governance components and ICE significantly.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>The research uses a 2SLS regression analysis to explore how CG practices take hold on the effectiveness of IC in Pakistan while taking into account the moderating impact of profitability. The findings add to the body of knowledge on the value that strong governance practices have on businesses and society.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"14 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Enhancing creditor decision-making in South African business rescue proceedings: a comprehensive analysis of information requirements in business rescue plans 加强南非企业拯救程序中的债权人决策:全面分析企业拯救计划中的信息要求
IF 1.5
International Journal of Law and Management Pub Date : 2024-02-19 DOI: 10.1108/ijlma-10-2023-0234
Mamekwa Katlego Kekana, Marius Pretorius, Nicole Varela Aguiar De Abreu
{"title":"Enhancing creditor decision-making in South African business rescue proceedings: a comprehensive analysis of information requirements in business rescue plans","authors":"Mamekwa Katlego Kekana, Marius Pretorius, Nicole Varela Aguiar De Abreu","doi":"10.1108/ijlma-10-2023-0234","DOIUrl":"https://doi.org/10.1108/ijlma-10-2023-0234","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>Business rescue, as a mechanism to aid financially distressed companies in South Africa, has received considerable academic and practical recognition. However, the business rescue plan is an overlooked and, perhaps, underdeveloped aspect of the regime. For stakeholders, this is the ultimate decision-making document. Creditors are the most influential stakeholders in business rescue proceedings owing to their voting rights. For creditors to make informed decisions and exercise their votes meaningfully, the business rescue plan should be transparent and adequately disclose relevant and reliable information. This study aims to identify creditors’ primary information needs to enhance the sufficiency and decision-usefulness of business rescue plans, not only to entice the vote of creditors but to enforce accountability from practitioners.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>Using a qualitative research design, semi-structured interviews were conducted with 14 executives from 10 South African financial institutions.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>The findings reveal that comprehensive disclosure of financial, commercial and legal information in business rescue plans was a critical antecedent for stakeholder decision-making. Additionally, leadership and social impact information were influential determinants. This study advances academic knowledge and, for practitioners, adds value to the development of business rescue plans. This can enhance creditors' confidence in supporting the rescue effort and approving the plan.</p><!--/ Abstract__block -->\u0000<h3>Practical implications</h3>\u0000<p>This study advances academic knowledge and, for practitioners, adds value to the development of business rescue plans. This can enhance creditors' confidence in supporting the rescue effort and approving the plan.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>The originality of this article lies in its investigation of how creditors assess the information in BR plans as a precursor to supporting the company’s reorganisation in a creditor-friendly business rescue system such as South Africa. This study provides novel insights into the decision-making process, particularly how creditors assess BR plans, address information asymmetry and vote on the plan.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"65 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Reconciliation and settlement in the anti-privatization strike: a case study of power supply sector in Maharashtra, India 反私有化罢工中的和解与解决:印度马哈拉施特拉邦供电部门案例研究
IF 1.5
International Journal of Law and Management Pub Date : 2024-02-16 DOI: 10.1108/ijlma-04-2023-0070
Sujoy Sen, Sanjeev Kadam, Reshma Nair
{"title":"Reconciliation and settlement in the anti-privatization strike: a case study of power supply sector in Maharashtra, India","authors":"Sujoy Sen, Sanjeev Kadam, Reshma Nair","doi":"10.1108/ijlma-04-2023-0070","DOIUrl":"https://doi.org/10.1108/ijlma-04-2023-0070","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to study the motives that led to conflict between two groups – Employees of state-owned power distribution companies and the Government – over permitting parallel licensing to a private company for power distribution services in selected areas of the Maharashtra state in India. The study also seeks to comprehend the reconciliation process and the role of leadership in thwarting the strike that could have impacted common citizens.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>The research is built on a case-based approach to analyze the pre- and poststrike environment along with the impact of the power shortage during the few hours of the strike. A semi-structured interview method wherein government and employee union representatives were interviewed to understand their version of the incident is used. Related literature, reports and news were reviewed to realize the impacts and consequences of similar situations in the past.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>The strike was called off within a few hours with the intervention of state government to resolve the issue, promising the union the government’s intention not to privatize but to invest INR 500bn in the three government companies. The parallel licensing may impact government-owned power distribution companies as well as customers in the future.</p><!--/ Abstract__block -->\u0000<h3>Practical implications</h3>\u0000<p>It will pave the way for lessons related to such incidence where the Government and the Unions are at loggerheads over issues like privatization or ownership of the company and help the involved and other parties to seek a viable solution. The role of resilient leadership demonstrated by both parties led to a win-win solution within a few hours of the strike.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>The paper is a case study on an issue that is very contemporary; the role of leadership and its swiftness in decision-making that led to a solution to a very complex situation is something that was not done earlier in the context of the State vs Union issue.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"85 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Reassessing Saudi Arabia’s foreign investment laws: from protectionism to liberalization 重新评估沙特阿拉伯的外国投资法:从保护主义到自由化
IF 1.5
International Journal of Law and Management Pub Date : 2024-02-16 DOI: 10.1108/ijlma-12-2023-0270
Ibrahim Mathker Saleh Alotaibi, Mohammad Omar Mohammad Alhejaili, Doaa Mohamed Ibrahim Badran, Mahmoud Abdelgawwad Abdelhady
{"title":"Reassessing Saudi Arabia’s foreign investment laws: from protectionism to liberalization","authors":"Ibrahim Mathker Saleh Alotaibi, Mohammad Omar Mohammad Alhejaili, Doaa Mohamed Ibrahim Badran, Mahmoud Abdelgawwad Abdelhady","doi":"10.1108/ijlma-12-2023-0270","DOIUrl":"https://doi.org/10.1108/ijlma-12-2023-0270","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which to do business, the Saudi Government has enacted a broad sweep of measures aimed at restoring investor confidence in central aspects of the country’s evolving private law framework.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>This paper offers a timely assessment of the raft of foreign investment reforms, both legislative and regulatory, that have been introduced in Saudi Arabia over the last decade.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>The paper will proceed by outlining the perceived failings of the old investment regime before going on to reforms.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>It will consider the remaining obstacles to the flow of foreign investment in Saudi Arabia in the context of the dual forces that have historically defined the Kingdom’s ambivalent investment law regime.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"109 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Are materiality determination practices evolving in the wake of increasing legislation on sustainability reporting? Findings from EU pharmaceutical companies’ reports 随着可持续发展报告立法的不断增加,确定重要性的做法是否也在发生变化?从欧盟制药公司的报告中得出的结论
IF 1.5
International Journal of Law and Management Pub Date : 2024-01-30 DOI: 10.1108/ijlma-09-2023-0221
Mirella Miettinen
{"title":"Are materiality determination practices evolving in the wake of increasing legislation on sustainability reporting? Findings from EU pharmaceutical companies’ reports","authors":"Mirella Miettinen","doi":"10.1108/ijlma-09-2023-0221","DOIUrl":"https://doi.org/10.1108/ijlma-09-2023-0221","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to contribute to the development of the European Union (EU) regulatory environment for sustainability reporting by analyzing how materiality is defined in the Non-Financial Reporting Directive (NFRD) and Corporate Sustainability Reporting Directive (CSRD) and by examining the added value and challenges of legalizing reporting and materiality requirements from both regulatory and practical company perspectives. It provides insights on whether this is reflected by EU pharmaceutical companies and to what extent companies report information on their materiality analysis process.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>Doctrinal analysis was used to examine regulatory instruments. Qualitative document analysis was used to analyze companies’ reports. The added value and challenges were examined using a governance approach. It focused on legalizing reporting and materiality requirements, with a brief extension to corporate management and organization studies.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>Materiality has evolved from a vague concept in the NFRD toward double materiality in the CSRD. This was reflected by the industry, but reports revealed inconsistencies in materiality definitions and reported information. Challenges include lack of self-reflection and company-centric perceptions of materiality. Companies should explain how they identify relevant stakeholders and how input is considered in decision-making.</p><!--/ Abstract__block -->\u0000<h3>Practical implications</h3>\u0000<p>Managers must consider how they conduct materiality assessments to meet society’s expectations. The underlying processes should be explained to increase the credibility of reports. Sustainability reporting should be seen as a corporate governance tool.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>This work contributes to the literature on materiality in sustainability reporting and to the debate on the need for a holistic, society-centric approach to enhance the sustainability of companies.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"4 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139581278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Quality of work-life situation and effectiveness of labour laws: managerial perspectives 工作与生活环境的质量和劳动法的效力:管理者的视角
IF 1.5
International Journal of Law and Management Pub Date : 2024-01-29 DOI: 10.1108/ijlma-12-2023-0271
Prakash Shrestha, Dilip Parajuli, Bibek Raj Adhikari
{"title":"Quality of work-life situation and effectiveness of labour laws: managerial perspectives","authors":"Prakash Shrestha, Dilip Parajuli, Bibek Raj Adhikari","doi":"10.1108/ijlma-12-2023-0271","DOIUrl":"https://doi.org/10.1108/ijlma-12-2023-0271","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to examine the current quality of work-life (QWL) situation and the effectiveness of labor laws for promoting QWL in the context of Nepalese workplaces.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>It uses a descriptive-interpretative-qualitative approach to analyze the responses. Information is gathered through discussions with 85 higher- and middle-level managers of large and medium-sized organizations.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>The majority of Nepalese organizations accept safe and healthy working conditions, social relevance of work-life, social integration in the work organization, and work and total life space as the key aspects of QWL. They have become even more critical as a result of the COVID-19 pandemic. However, they face challenges in providing employees with opportunities for continued growth and security, immediate opportunity to use and develop human capacities, adequate and fair compensation and constitutionalism in the work organization. QWL-related provisions in Labour Act, 2017, play a vital role in promoting the QWL situation. The QWL programs offer many benefits to employees’ private and working lives. The lack of such programs would undoubtedly have negative consequences for Nepalese companies. Compliance with labor laws will promote a better QWL situation at Nepalese workplaces.</p><!--/ Abstract__block -->\u0000<h3>Research limitations/implications</h3>\u0000<p>Only managerial perspectives are considered for examining the current situation of QWL and the effectiveness of QWL-related provisions of the Labour Act, 2017. It excludes the views of union leaders.</p><!--/ Abstract__block -->\u0000<h3>Practical implications</h3>\u0000<p>This paper indicates that labor laws’ QWL-related provisions are effective. It also provides several policy measures for promoting a better QWL in Nepalese workplaces.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>This study presents QWL-related legal provisions and the actual situation at the workplaces of Nepal. It also presents the key aspects of QWL in the context of Nepal.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"12 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139581206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Assessing the need for a deregulation of the insurance sector of Mauritius to combat money laundering: a comparative study with Singapore and UK 评估毛里求斯保险业放松管制以打击洗钱的必要性:与新加坡和英国的比较研究
IF 1.5
International Journal of Law and Management Pub Date : 2024-01-29 DOI: 10.1108/ijlma-08-2023-0188
Bhavna Mahadew
{"title":"Assessing the need for a deregulation of the insurance sector of Mauritius to combat money laundering: a comparative study with Singapore and UK","authors":"Bhavna Mahadew","doi":"10.1108/ijlma-08-2023-0188","DOIUrl":"https://doi.org/10.1108/ijlma-08-2023-0188","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>The purpose of this paper is to assess the current legal framework on money laundering control in the insurance sector. Essentially, this examination is premised on the interrogation of whether it is still appropriate for Mauritius to apply such stringent, opaque and unyielding Anti-Money Laundering/Combating Financing of Terrorism norms and rules on general insurance when developed nations such as the UK and Singapore have done away with them for a more effective combat against money laundering. It would also be assessed why the financial services commission (FSC) is not able to draw inspiration from its British and Singaporean counterparts in fighting money laundering more effectively.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>This paper uses the doctrinal legal research methodology which is colloquially described as “black-letter law” approach. It is backed up by a contextual legal analysis that is based on an analysis of relevant legal provisions. It relies ground experience from the insurance industry through the experience of the authors. A comparative approach is used with Singapore and the UK as case studies given that there are significant commonalities to the Mauritian jurisdiction as well as useful differences.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>It is observed that a move towards a de-regulation of the legal framework on money laundering in the insurance sector with a more relaxed approach is more effective for the Mauritian insurance sector. Evidence is drawn from the Singaporean and British models. A re-structuring of the FSC of Mauritius is also warranted for such an approach to be adopted.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>This paper is among the first academic contribution that proposes a de-regulation and the adoption of a relaxed approach of and by the Mauritian Insurance Industry for a more effective combat against money laundering. It serves as a legal foundational basis for further research in this direction.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"12 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139581222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Examining the advantages and disadvantages of international franchising and licensing from both legal and business perspectives within GCC region 从法律和商业角度研究海湾合作委员会地区国际特许经营和许可的优缺点
IF 1.5
International Journal of Law and Management Pub Date : 2024-01-23 DOI: 10.1108/ijlma-10-2023-0228
Anas A. Al Bakri, Nazzal M. Kisswani
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