Inês Calor and Rachelle Alterman
This paper aims to present a comparative analysis of noncompliance with planning laws in advanced-economy countries. Most research to date has focused on the widespread phenomenon…
Abstract
Purpose
This paper aims to present a comparative analysis of noncompliance with planning laws in advanced-economy countries. Most research to date has focused on the widespread phenomenon of “informal” construction in developing countries. However, advanced-economy countries also encounter illegal development, though at different scales and attributes. Because planning law is at the foundation of land-use and urban policies, it is time that the “orphan” issue of noncompliance be adopted by more researchers to enable cross-national learning. The two OECD countries selected for in-depth analysis – Portugal and Israel – probably fall mid-way in the extent of noncompliance compared with the range among advanced-economy countries. Like most OECD countries, the selected countries have generally viable planning-law systems. Their experiences can thus offer lessons for many more countries. Recognizing the limitations of enforcement mechanisms as prevention, the paper focuses on how each of these countries responds to illegal development.
Design/methodology/approach
The method relies on two main sources: analysis of official documents – laws, policies and court decisions in both countries – and field interviews about practice. In both Portugal and Israel, the authors held face-to-face open interviews with lawyers and other professional staff at various government levels. The interviews focused on four issues: the effectiveness of the existing enforcement instruments, the urban consequences of illegal development, the law and policy regarding legalization and the existence of additional deterrent measures.
Findings
In both countries, there is a significant phenomenon of illegal development though it is somewhat less in Israel than in Portugal. In both countries, efforts to reduce the phenomenon have been partially effective even though in both, extensive demolition is not exercised. Neither country has adopted a general amnesty policy for existing noncompliance, so both resort to reliance on ex-post revision of statutory plans of granting of variances as a way of legalization. The shared tension between local authorities and national bodies indicates that not enough thought has gone into designing the compliance and enforcement systems. In Israel, a recent legislative amendment enables planning authorities, for the first time, to set their own priorities for enforcement and to distinguish between minor and major infringements. This approach is preferable to the Portuguese law, where there is still no distinction between minor and major infringements. By contrast, Portuguese law and policy are more effective in adopting financial or real-estate based deterrence measures which restrict sale or mortgaging of illegal properties.
Originality/value
There is very little research on noncompliance with planning controls in advanced-economy countries. There is even less research on the legal and institutional responses to this phenomenon. This paper pioneers in creating a framework for looking at alternative types of government responses to illegal construction. The paper is, to the authors’ best knowledge, the first to present a systematic cross-national comparative analysis and critique of such responses. The authors thus hope to expand the view of the possible legal and policy response strategies available to planning authorities in other advanced-economy countries. The comparative perspective will hopefully encourage, expansion of the research to more countries and contribute to the exchange of experiences between jurisdictions.
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Ghassan Adhab Atiyah, Ahmed Ismael Ibrahim and Ahmed Abdulkhudhur Jasim
This research aims to explore the complexities surrounding smart contracts enforcements in cross-jurisdictional transactions.
Abstract
Purpose
This research aims to explore the complexities surrounding smart contracts enforcements in cross-jurisdictional transactions.
Design/methodology/approach
To achieve the aim of this study, doctrinal legal analysis was adopted. Although the subject is multidisciplinary, the aspect of enforcement in cross-jurisdictional transactions from legislative analysis does not require a technical method to be analysed, hence the adoption of this method. Where relevant legal academic journal articles were sourced and analysed along different legislative frameworks in some jurisdictions under review. To determine the legality of smart contracts, applicable law and court with jurisdiction to enforce blockchain smart contract disputes.
Findings
It was discovered that there remain fundamental questions regarding jurisdiction, applicable law and enforcement. Due to the problem of a uniform legislation to manage smart contract transactions.
Research limitations/implications
This study limits itself to the legality of smart contracts within a conflict of laws, and it propels the need for either a choice of domestic legislation for parties to be bound or the adoption of a universal legal framework for all smart contract formation through an international treaty or convention that has a binding effect on contracting parties to a smart contract.
Originality/value
This study highlights the fact that the key elements of smart contracts within traditional contract requirements as provided in domestic legislation vary across jurisdictions. This variation results not only in conflict of law but also affects enforcement in cases of dispute in the contractual terms.
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Elise Zaro, Eduardo Flores, Marco Fasan, Fernando Dal-Ri Murcia and Claudio Soerger Zaro
Integrated reporting (IR) provides integrated financial and nonfinancial information about companies based on the integrated thinking principle. This study aims to investigate how…
Abstract
Purpose
Integrated reporting (IR) provides integrated financial and nonfinancial information about companies based on the integrated thinking principle. This study aims to investigate how the cost of equity relates to IR disclosure and the impact of an effective legal system on this relationship. Effective legal system (“enforcement”) represents the strength of the legal system of a country. Although voluntary initiatives are essentially not based on regulations, the authors expect that the effective legal system will influence the implementation of such.
Design/methodology/approach
To test the study’s hypotheses, linear regressions were applied using the Thomson Reuters database to analyze 20,463 firm-year observations between 2010 and 2017. The treatment group comprised companies that adopted IR; using propensity score matching, the authors defined the control group. The authors adopted a research design based on difference-in-differences to compare the cost of the capital of treatment with the control group for the periods before and after the IR adoption.
Findings
The results indicate that IR disclosure is negatively related to the cost of equity, and this negative effect is more prevalent for companies operating in high-enforcement environments.
Research limitations/implications
Cost of equity is not a directly observable variable, implying that the results are sensitive to changes in the parameters that are used to compute this term. The results can help companies looking for evidence of potential effective gains of adopting IR. They also help understand that discussions related to environment, social, and governance information are somehow incorporated by analysts and investors, and reflected in the cost of raising funds.
Originality/value
This study demonstrates how IR relates to the cost of equity considering a global sample of voluntary adopters. It also analyzes the impact of institutional factors on this relationship by using a robust method of analysis. The results support the argument that companies in a strong legal system are more likely to behave sustainably and to disclose this attitude. Additionally, they are pressured to implement proposals rather than just adopting an initiative as a label.
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Liping Qian, Yiyao Wang and Pianpian Yang
This paper aims to examine the effectiveness of control mechanisms in promoting collaborative performance by exploring the moderating effects of formal institutions (government…
Abstract
Purpose
This paper aims to examine the effectiveness of control mechanisms in promoting collaborative performance by exploring the moderating effects of formal institutions (government support and legal enforcement in this study) and informal ties (business ties in this study) on the relationship between control mechanisms and collaborative performance.
Design/methodology/approach
A conceptual model is developed with the direct effects of contractual execution and relational norms on collaborative performance and the moderating effects of government support, legal enforcement and business ties on the above relationships. Hierarchical regression analysis is used to test the hypotheses based on 393 responses from Chinese computer and computer components distributors.
Findings
The empirical results generally support the conceptual model. First, consistent with most previous studies, both contractual execution and relational norms contribute to collaborative performance. Second, government support and business ties weaken the role of contractual execution, whereas legal enforcement strengthens it. Third, business ties enhance the effects of relational norms, and, unexpectedly, government support also fosters the relationship between relational norms and collaborative performance.
Originality/value
First, this study solves the problem of conflicting findings on the relationship between contract and performance by examining the effect of contractual execution, rather than contract design, on collaborative performance. Second, this study contributes to institutional theory by examining the moderating role of formal institutions. Third, this study deepens the understanding of the role of business ties by exploring its moderating effect on the relationship between control mechanisms and collaborative performance.
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Hongjiang Yao, Yongqiang Chen, Yangbing Zhang and Bo Du
The purpose of this paper is to establish an integrated framework of the antecedents of enforcement after contract violations in construction projects and to examine whether…
Abstract
Purpose
The purpose of this paper is to establish an integrated framework of the antecedents of enforcement after contract violations in construction projects and to examine whether contract provisions (control and coordination provisions) and trust (goodwill and competence trust) affect enforcement mechanisms (contractual enforcement and relational enforcement).
Design/methodology/approach
A survey method was employed to test the hypotheses. The authors collected data from the Chinese construction industry, and general contractor respondents were asked to answer a questionnaire about a contract violation by one of their subcontractors.
Findings
Control provisions and competence trust are positively related to contractual enforcement, but goodwill trust is negatively related to contractual enforcement. Relational enforcement is influenced by goodwill trust and competence trust.
Research limitations/implications
This study treats contract violations as a given variable, and it focuses on contract violations by subcontractors. The cross-sectional design makes it difficult to confirm the causality of the relationships.
Practical implications
Overly strict contractual enforcement can generate disputes and a vicious cycle of retaliation, and overly severe relational enforcement can damage a potentially profitable long-term relationship. In construction projects, the violating party will benefit from this study to avoid excessively contractual enforcement and relational enforcement, thus developing a more collaborative atmosphere on the current project and even establishing a solid long-term relationship.
Originality/value
This study extends the project management literature by investigating the antecedents of enforcement after contract violations, an area not yet fully researched.
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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…
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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Marcelle Colares Oliveira, Domenico Ceglia and Fernando Antonio Filho
The study aims to analyze the level of the disclosure of corporate governance practices by the companies that belong to the BRICS (Brazil, Russia, India, China and South Africa…
Abstract
Purpose
The study aims to analyze the level of the disclosure of corporate governance practices by the companies that belong to the BRICS (Brazil, Russia, India, China and South Africa) countries according to normative recommendations and coercive requirements considering the enforcement of laws and norms in the different legal systems and to explain it in the light of the institutional theory approach.
Design/methodology/approach
The practices disclosed by a sample of the 20 largest companies listed on the stock exchanges of each of the BRICS countries were analysed, and the 52 practices recommended by UNCTAD (2009) were used as a parameter. The corporate governance practices of the companies were confronted with the laws, rules and norms that require or recommend their adoption and disclosure.
Findings
China has 49 practices required by own national law in face of 52 recommended by UNCTAD/International Financial Reporting Standards (IFRS) followed by South Africa with 44, Russia with 33, Brazil with 28 and India with 24. Brazil has 47 practices recommended by own national governance code in face of 52 recommended by UNCTAD/Intergovernmental Working group of Experts on International Standards of Accounting and Reporting (ISAR), followed by Russia with 45, China with 44, South Africa with 41 and India with 22. It was found that Brazil has the higher median of number of companies disclosing corporate governance practices with 17, followed by India with 13, Russia with 11, South Africa and China with 7.
Research limitations/implications
This research shows that more studies are necessary using the institutional theory to investigate how the normative and coercive pressures influence the disclosure of corporate governance information considering the enforcement of laws and norms in the different legal systems.
Practical implications
The differences observed in this study about normative and coercive forces are presented as an opportunity in the legal sphere of some countries to implement mechanisms to increase their level of enforcement.
Originality/value
This research contributes to various audiences such as governmental institutions, professional associations, market institutions to better understand their role in the improvement of the adoption of corporate governance practices and disclosure of information related to it.
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Stefan Larsson, Måns Svensson, Marcin de Kaminski, Kari Rönkkö and Johanna Alkan Olsson
The purpose of this study is to understand more of online anonymity in the global file sharing community in the context of social norms and copyright law. The study describes the…
Abstract
Purpose
The purpose of this study is to understand more of online anonymity in the global file sharing community in the context of social norms and copyright law. The study describes the respondents in terms of use of VPN or similar service related to age, gender, geographical location, as well as analysing the correlation with file sharing frequencies.
Design/methodology/approach
This study is to a large extent descriptively collecting data through a web‐based survey. This was carried out in collaboration with the BitTorrent tracker The Pirate Bay (TPB), allowing the authors to link the survey from the main logo of their site. In 72 hours the authors received over 75,000 responses, which gives the opportunity to compare use of anonymity services with factors of age, geographical region, file sharing frequency, etc.
Findings
Overall, 17.8 per cent of the respondents use a VPN or similar service (free or paid). A core of high frequency uploaders is more inclined to use VPN or similar services than the average file sharer. Online anonymity practices in the file sharing community are depending on how legal and social norms correlate (more enforcement means more anonymity).
Research limitations/implications
The web‐based survey was in English and mainly attracted visitors on The Pirate Bays' web page. This means that it is likely that those who do not have the language skills necessary were excluded from the survey.
Practical implications
This study adds to the knowledge of anonymity practices online in terms of traceability and identification. This means that it shows some of the conditions for legal enforcement in a digital environment.
Social implications
This study adds to the knowledge of how the Internet is changing in terms of a polarization between stronger means of legally enforced identification and a growing awareness of how to be more untraceable.
Originality/value
The scale of the survey, with over 75,000 respondents from most parts of the world, has likely not been seen before on this topic. The descriptive study of anonymity practices in the global file sharing community is therefore likely unique.
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Xinyi Huang, Fei Teng, Yu Xin and Liping Xu
This paper aims to study the effect of the establishment of bankruptcy courts on bond issuance market. This paper helps to predict that the introduction of bankruptcy courts in…
Abstract
Purpose
This paper aims to study the effect of the establishment of bankruptcy courts on bond issuance market. This paper helps to predict that the introduction of bankruptcy courts in China can mitigate price distortions caused by the implicit government guarantees and promote the development of the high-risk bond market.
Design/methodology/approach
This paper exploits the staggered introduction of bankruptcy courts across cities to implement a differences-in-differences strategy on bond issuance data. Using bonds issued in China between 2018 and 2020, the impact of bankruptcy courts on the bond issuance market can be analyzed.
Findings
This paper reveals that bond issuance credit spreads increase and is more sensitive to firm size, profitability and downside risk of issuance entity after the introduction of bankruptcy courts. It also reveals a substantive increase in bond issuance quantity and a decrease in issuer credit ratings following the establishment of bankruptcy courts. In addition, the increase of credit spreads is more prominent for publicly traded bonds, those whose issuers located in provinces with lower judicial confidence, bonds issued by SOEs and bonds with stronger government guarantees. Finally, the role of bankruptcy courts is more pronounced in regions with higher marketization.
Originality/value
This paper relates to previous studies that investigate the impact of laws and institutions on external financing. It helps provide new evidence to this literature on how improvements of efficiency and quality in bankruptcy enforcements relate to the marketization of bond issuance. The results provide further evidence on legal institutions and bond financing.
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Drawing on the international business and IHRM literature, this study investigated the effects that employment regulation and its nature of enforcement have on foreign investment…
Abstract
Purpose
Drawing on the international business and IHRM literature, this study investigated the effects that employment regulation and its nature of enforcement have on foreign investment in emerging markets.
Design/methodology/approach
Panel regressions with time fixed effects were conducted for the period 2002–2017 using regulatory, human capital, and economic data for 34 developing nations. Robustness checks also were performed by varying the measures for key predictors along with the modes of analysis (i.e., Pooled OLS with clustered standard errors, generalized estimating equations (GEE), and instrumental variable (IV) regression with the generalized method of moments (GMM) approach).
Findings
Although the totality of restrictions did not have an impact, FDI inflows were negatively related to the process strength of enforcement. This suggests investors place greater emphasis on de facto exposure than on de jure enactments, favoring nations less willing or able to push for compliance. In addition, while GDP growth had a positive impact on inward investment, the opposite was found for licensing restrictions and labor productivity. The remaining controls failed to display consistent relationships with foreign investment.
Research limitations/implications
Data constraints precluded the inclusion of additional economies and years before 2001. It also was not possible to directly evaluate the influence of labor costs without a standardized measure for developing nations. This entered at best indirectly in GDP per capita, which was tested.
Practical implications
These findings have important implications for social responsibility, suggesting more aggressive monitoring is needed of investment criteria and government relations. At a minimum, social auditing and reporting should better document overt commitments to rights-adherence and compliance-partnering. CSR stakeholders can work in tandem, tracking enforcement more closely and lobbying governments to discourage policies of lax enforcement.
Originality/value
This is the first study to assess how legal stock and its manner of enforcement influence FDI inflows. Improving on earlier studies, employment law was measured with a broad legal scale that was annually adjusted. Enforcement was evaluated in two different forms, both as process strength and administrative capacity – the former drawing investors' attention.