Corporate law & governance review最新文献

Market concentration of social commerce platforms: A perspective of regulation in a developing country 社交电商平台的市场集中度:发展中国家的监管视角

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2sip7

Saranchana Asanprakit, Tanpat Kraiwanit

{"title":"Market concentration of social commerce platforms: A perspective of regulation in a developing country","authors":"Saranchana Asanprakit, Tanpat Kraiwanit","doi":"10.22495/clgrv5i2sip7","DOIUrl":"https://doi.org/10.22495/clgrv5i2sip7","url":null,"abstract":"Social commerce presents numerous business prospects in the current landscape (Xiang et al., 2022). However, concerns have emerged regarding the increasing concentration of the market and its potential economic implications (Azar et al., 2022). This study aims to examine the concentration levels within Thailand’s social commerce platform industry and explain the perspective of law and regulation. To assess market concentration, the Herfindahl-Hirschman Index (HHI), a widely used economic tool, was utilised. The HHI calculates the sum of squared market shares of all sellers, providing insights into competition effectiveness in a given market. This study also incorporated the method of documentary analysis. In the case of Thailand’s social commerce market, the study revealed an HHI of 4,474.27, indicating a relatively high level of concentration. This finding suggests that the market structure resembles an oligopoly, characterised by a small number of dominant competitors. In Thailand, popular social commerce platforms include Facebook, Instagram, Line Shopping, Twitter, and TikTok. However, new entrants in this oligopoly market face significant obstacles. Financial barriers, such as the substantial investment required to establish and promote a platform, pose challenges. Additionally, legal obstacles related to copyrights, patents, and other intellectual property rights must be navigated.","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135157400","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

Notary and legal arrangement of criminal law: Legal protection for notaries facing criminal cases 公证与刑法法律安排:公证员面对刑事案件的法律保护

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2sip1

Winahyu Erwiningsih, Mahrus Ali

{"title":"Notary and legal arrangement of criminal law: Legal protection for notaries facing criminal cases","authors":"Winahyu Erwiningsih, Mahrus Ali","doi":"10.22495/clgrv5i2sip1","DOIUrl":"https://doi.org/10.22495/clgrv5i2sip1","url":null,"abstract":"This study aims to analyze the legal protection for a notary either as a witness or as a suspect in the investigation stage of the deed he/she made. This study is important because notaries often face legal issues regarding the authentic deeds they produce. This study combines normative legal research and empirical law. In-depth interviews with notaries who have been examined as witnesses or suspects for the authentic deed made are carried out in depth. The results of this study indicate that investigators did not obtain prior approval from the Notary Honorary Council when examining a notary. Notaries are required to reveal client secrets during examinations, which infringes on their right to refuse. To provide adequate legal protection for notaries, in the future the Notary Honor Council must be empowered so that investigators cannot examine them without the panel’s approval. In addition, the notary’s right of refusal also needs to be used as a means of legal protection. In addition, further research regarding the examination of notaries at the trial stage needs to be carried out to obtain a comprehensive picture of legal protection for notaries.","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135844571","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

Examination of the relationship between employment protection regulation and unemployment: Panel case study of countries of the COMESA 审查就业保护条例与失业之间的关系:东南非共同市场国家专题小组个案研究

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2sip8

Sead Osmanović, Sabri Klaiqi

{"title":"Examination of the relationship between employment protection regulation and unemployment: Panel case study of countries of the COMESA","authors":"Sead Osmanović, Sabri Klaiqi","doi":"10.22495/clgrv5i2sip8","DOIUrl":"https://doi.org/10.22495/clgrv5i2sip8","url":null,"abstract":"This paper aims to empirically test the impact of the relationship between the rules concerning the protection of employees and the unemployment rate. The aim is to answer the question of whether there is a positive or negative relationship between stricter employment protection regulation and unemployment, and whether it is statistically significant. The methodology used is from the panel data analysis of the multifactorial regression model with fixed and random effects and the generalized method of moments (GMM) model. Fella (2000) and the Organisation for Economic Co-operation and Development (OECD, 2004), find that any tightening of regulations regarding the protection against individual dismissals of 1 percent, measured through the indicator of the stringency of employment protection — individual dismissals leads to a decrease of unemployment of 1.774 percent. Fujita and Nakajima (2016) point out that the employment rate is procyclical, while the unemployment rate is countercyclical. The research was conducted using secondary data with panel data analysis for 24 countries, 19 of which are current members of the Common Market for Eastern and Southern Africa (COMESA). The results of the endogeneity test show that there are no endogeneity variables (p-values: 0.372, 0.434, and 0.110, retrospectively for the variables scd, sid, and tc).","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135213137","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

Determinants and performance accountability: A case study of the regional government 决定因素与绩效问责:以地方政府为例

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2sip9

Sri Kurnia, Doddy Setiawan

{"title":"Determinants and performance accountability: A case study of the regional government","authors":"Sri Kurnia, Doddy Setiawan","doi":"10.22495/clgrv5i2sip9","DOIUrl":"https://doi.org/10.22495/clgrv5i2sip9","url":null,"abstract":"This paper investigates the determinants of performance accountability in the regional government of the Riau Islands province. Specifically, we explore the influence of clarity of budget targets, internal control, compliance with laws and regulations, and reporting systems on performance accountability. We conducted a quantitative descriptive study using primary data and collected responses from 114 out of 205 regional apparatus organizations (Organisasi Perangkat Daerah, OPD) in districts/cities that had low-performance accountability scores in 4 out of 7 districts/cities. Our results reveal a significant positive correlation between the clarity of budget targets, internal control, and reporting systems with performance accountability in the regional government. However, compliance with statutory regulations was not found to have a significant effect on performance accountability. Our study provides valuable insights for policymakers and practitioners to improve performance accountability in regional governments. In conclusion, this paper emphasizes the importance of enhancing the clarity of budget targets, internal control, and reporting systems in ensuring better performance accountability. We recommend further studies to investigate additional determinants that may influence performance accountability in regional governments.","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134889806","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

Legal aspects of electronic learning in the Distance Learning Code of Conduct: Evidence of the United Arab Emirates legislation 远程学习行为准则中电子学习的法律方面:阿拉伯联合酋长国立法的证据

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2sip10

Ali Hadi Al-Obeidi

{"title":"Legal aspects of electronic learning in the Distance Learning Code of Conduct: Evidence of the United Arab Emirates legislation","authors":"Ali Hadi Al-Obeidi","doi":"10.22495/clgrv5i2sip10","DOIUrl":"https://doi.org/10.22495/clgrv5i2sip10","url":null,"abstract":"This paper addresses the issue of to which extent law keeps pace with the tremendous development in the education field. The main aim of this paper is to analyze the Distance Learning Code of Conduct in Public Education Institutions in the United Arab Emirates (UAE) No. 262 of 2020 (hereinafter, the Code of Conduct) texts to find out the extent of its success in facing the legal problems caused by distance learning. That requires using an analytical approach fundamentally. The importance of this research is manifested in the fact that it is the first to examine the texts of the Code of Conduct and analyze it legally. Legal references in this field are scarce. We will mention one of them (Al-Khasawneh, 2020) in particular. That works to reduce cyberbullying and reviews the adequacy of electronic legislation to reduce cyberbullying. Among the crucial results of our paper is that the rules of the Code of Conduct are considered the guide for any educational institution establishing its own rules for regulating distance learning. Another crucial result is to call on the UAE legislator to expand the statement of legal provisions for electronic learning (e-learning) and not to limit to regulating the students’ behavior.","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135562720","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

The implications of conversion for the converted public joint stock companies 转换对已转换上市股份公司的影响

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2p13

Ramzi Madi, Muna Masn

{"title":"The implications of conversion for the converted public joint stock companies","authors":"Ramzi Madi, Muna Masn","doi":"10.22495/clgrv5i2p13","DOIUrl":"https://doi.org/10.22495/clgrv5i2p13","url":null,"abstract":"The phenomenon of company conversion is on the rise, both in the United Arab Emirates (UAE) and Jordan. This study aims to investigate the concept of conversion and examine the implications it has on the converted company. We explore the continuity of the converted company’s legal personality and discuss its significant outcomes, whether affecting the converted company itself or others involved. Specifically, we analyze the impact of the conversion on the company’s pre-conversion obligations, liabilities, and contracts. Furthermore, we examine the regulations governing the new form adopted by the converted company, both in its internal operations and relationships with partners, as well as its external interactions with others. Additionally, we provide an explanation for the capital increase when a company converts into a public joint stock company. The problem addressed in this paper is to determine the consequences of conversion for the converted company. To investigate this topic, we employ analytical and comparative methodologies. We conclude that the conversion of a company does not lead to the termination of the transferred company’s legal personality and the creation of a new legal entity.","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"171 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135400665","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

State aid trends in the Western Balkans in the light of the European Union acquis 根据欧洲联盟的规定，西巴尔干地区的国家援助趋势

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2sip4

Elton Tota, Bardhyl Hasanpapaj

{"title":"State aid trends in the Western Balkans in the light of the European Union acquis","authors":"Elton Tota, Bardhyl Hasanpapaj","doi":"10.22495/clgrv5i2sip4","DOIUrl":"https://doi.org/10.22495/clgrv5i2sip4","url":null,"abstract":"Granting state aid to market players while ensuring compliance with the internal market requirements, as derived from the European Union (EU) acquis, seems to be a challenging exercise for the Western Balkans. As an integral part of the competition rules (Cseres & Reyna, 2021) state aid requirements proved to be a challenge, especially at the outbreak of the COVID-19 pandemic, as part of the state efforts to keep alive certain key sectors of the economy (Bouchagiar, 2021). As an EU requirement and Stabilisation and Association Agreement (SAA) legal obligation became even more important. Struggling between the need to save the market while respecting the state aid rules, Western Balkans seem to have to pay more and closer attention to this field. This is why this paper, through an analytical and descriptive approach, intends to address such shortcomings and challenges in light of the efforts to enhance the harmonization of the legislation while ensuring its due application. Enforcing state aid rules requires professional and independent capacities within the relevant state aid authorities an objective remaining far from reach in the Western Balkans. The paper provokes further debates and analysis in the scholarly efforts to shed light on this sector.","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136305539","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

Exploring environmental, social, and governance and bank performance in the Gulf Cooperation Council region 探讨海湾合作委员会地区的环境、社会、治理和银行绩效

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2sip6

Jaywant Michael, Antoine B. Awad, Bashar Abu Khalaf

{"title":"Exploring environmental, social, and governance and bank performance in the Gulf Cooperation Council region","authors":"Jaywant Michael, Antoine B. Awad, Bashar Abu Khalaf","doi":"10.22495/clgrv5i2sip6","DOIUrl":"https://doi.org/10.22495/clgrv5i2sip6","url":null,"abstract":"Corporate strategies today are shaped by the increased importance given by companies, investors, and regulators to environmental, social, and governance (ESG) activities. This paper empirically investigated the impact of ESG on the performance of banks in the Gulf Cooperation Council (GCC) region by collecting and analyzing the data of 29 banks located in the six GCC countries — namely the United Arab Emirates (UAE), Kuwait, Qatar, Oman, and Saudi Arabia. It studies data for the period 2010–2022 collected from the Refinitiv Eikon platform. Applying the ordinary least squares (OLS) and panel regression (fixed and random effect) techniques, it examines the impact of ESG on the performance of these banks. The significant Hausman test favored using the fixed effect results. The results suggest that a bank’s size positively influences its performance. The larger the bank the more diverse its ESG activities and the better its performance. Additionally, ESG and asset quality have a significant negative correlation to performance, implying a lower asset quality indicates higher loan loss provision and leads to lower financial performance. Finally, the results also suggest banks are overinvesting in ESG to comply with the latest standards set by investors and regulators.","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135784601","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: 2

The power of board size and gender diversity on the value of companies listed on emerging markets 董事会规模和性别多样性对新兴市场上市公司价值的影响

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2p14

Antoine B. Awad, Bashar Abu Khalaf, Aisha Afzal

{"title":"The power of board size and gender diversity on the value of companies listed on emerging markets","authors":"Antoine B. Awad, Bashar Abu Khalaf, Aisha Afzal","doi":"10.22495/clgrv5i2p14","DOIUrl":"https://doi.org/10.22495/clgrv5i2p14","url":null,"abstract":"The main aim of this empirical paper is to examine the impact of board size and gender diversity on the firm value of 354 non-financial firms listed on the Gulf Cooperation Council (GCC). The vital importance of this paper is to shed light on the presence of female directors on the boards of directors in the GCC. This empirical paper applied several estimation techniques such as ordinary least squares (OLS) and panel regression (fixed & random effect) on a dataset that is extracted from the Refinitiv Eikon platform for the period 2010–2022. This investigation controlled for firm age, firm size, profitability, and leverage in the model developed. The significant result of the Hausman test approved the results of the fixed effect model which reveals that gender diversity, firm size, profitability, leverage, and board size significantly positively impact the firm value, unlike the firm age which appeared to be statistically insignificant. The results imply that the larger the board size and the higher the presence of women on the boards of directors in the GCC region, the better the profitability. This indeed recommends the decision takers include more members especially women in the decision-making process.","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135494588","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

A study of citizen preferences regarding legal land conflict resolution: The importance-performance analysis 公民对土地冲突法律解决的偏好研究:重要性-绩效分析

Corporate law & governance review Pub Date : 2023-01-01 DOI: 10.22495/clgrv5i2sip5

Aarce Tehupeiory, Imelda Masni Juniaty Sianipar, I Wayan Koko Suryawan

{"title":"A study of citizen preferences regarding legal land conflict resolution: The importance-performance analysis","authors":"Aarce Tehupeiory, Imelda Masni Juniaty Sianipar, I Wayan Koko Suryawan","doi":"10.22495/clgrv5i2sip5","DOIUrl":"https://doi.org/10.22495/clgrv5i2sip5","url":null,"abstract":"This paper addresses the critical issue of land ownership in society, given the increasing conversion of undeveloped land into developed property. The indicators include land certificates, regulations on land ownership rights and use, regulations on land use, the presence of land brokers, and the existence of a task force for eradicating the land mafia. The main findings show that the type of land certificate, regulations on land use, and regulations on the use and rights of land ownership are currently performing well, while the task force for eradicating the land mafia had the lowest level of urgency, indicating a possible overkill. The study also highlights the need for serious consideration when eliminating brokers, as it can lead to the rise of brokers/land mafia. Additionally, the study indicates that the community’s readiness to seek legal aid for land disputes is directly proportional to the quality of law enforcement performance. Effective regulation and law enforcement are crucial in resolving land disputes to ensure the equitable distribution of land resources. The paper contributes to the ongoing discourse on land ownership and disputes and provides valuable insights for policymakers, landowners, and communities to develop effective strategies for resolving land disputes of land resources.","PeriodicalId":475491,"journal":{"name":"Corporate law & governance review","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136373705","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