Search results

This study aims to focus on the legal status of the Financial Action Task Force (FATF) regulatory spread in spite of its limited membership in international law. This is conducted by examining the regime of the FATF with the normative regime of public international law and trying to identify common grounds and conflicts between the two.

This study adopted an exploratory approach involving a thorough examination and analysis of accredited text, command papers and reports, archival materials, national obligations, websites as well as other documentary evidence.

This research gives an empirical determinant of compliance behaviour in response to FATF regulatory standards and the interplay of international law.

The findings here are not exhaustive and could be approached from other perspectives. Researchers are therefore encouraged to engage by testing the findings further, as this is only a blueprint for further research.

This study provides implications for the need to open up the current membership of the FATF, as it appears discriminatory in nature and could inhibit effective compliance with its regulatory standards.

FATF regulatory standards do not just revolve around its members and rule-takers but also affect unintended and vulnerable people who were never in contemplation when these regulations were debated without a global consensus.

The main aim of this study is to advocate for a rethink of FATF’s regulatory strategy by ensuring that its operations are more inclusive, where jurisdictions can participate as members, creating a sense of belonging and commitment in the fight against money laundering.

The purposes in this paper are: engaging in a critical examination of the framework of the banking regulatory framework in India; assessing the operational efficacy of banking regulatory and supervisory mechanisms; and providing an in‐depth legal analysis of the role of the Reserve Bank of India (RBI) as the country's central bank and the principal supervisory authority.

The method used is legal examination of regulatory practice and case‐study based analysis. It relies factually on official publications in the public domain, academic writings and newspaper reports to assess the impact of the fraud and explore the legal, regulatory and financial implications of the supervisory lapses.

The findings in the paper relate to the impact and extent of he Ketan Parekh fraud and the nature and scope of critical central banking supervision lapses. The paper concludes that such lapses can induce systemic problems in a key emerging economy like India especially when it is rapidly entering the second phase of major banking and financial reforms.

Various investigations are still underway as regards the Ketan Parekh fraud and several cases are being heard in courts and tribunals. The full extent of legal and regulatory liability is yet to be fully ascertained.

It is of immense significance to bankers, lawyers, auditors, consultants, researchers, jurists, law enforcement officials and those involved in financial and banking regulation.

This paper aims to explain the importance of the international cooperation and coordination among supervisory authorities of different countries in event of banking crises. It also suggests that the harmonious relationship has to be attained in the adoption of ex ante financial regulatory measures and ex post compensation schemes. In other words, the paper highlights the linkage between ex ante preventive regulatory measures and ex post compensation schemes, on the one hand, and cooperation among national regulatory and supervisory authorities in globalized financial markets. Although the paper is relevant to most developed and emerging financial markets, it chooses Hong Kong as a context to examine this proposal. In the current literature, there are no similar approach linking these two paradigms and examining them in an integrated context.

The paper adopts a conceptual framework after the 2008 global financial crisis and takes Hong Kong, an international financial centre in which numerous branches or subsidiaries of foreign financial institutions locate, as an example to examine how the coordination with foreign supervisory authorities are being conducted and to analyse whether the present regulatory framework in Hong Kong is effective and sufficient against banking crises. Through the review of the literature, the important link between ex ante regulatory measures and ex post compensation schemes is found to be significant in adopting proper solutions.

Through analysing the Hong Kong financial regulators’ reports on the collapse of Lehman Brother, the paper finds out that even though there is some weakness in the cooperation and coordination between regulators after the 2008 financial crisis, Hong Kong is still in the progress of proposing bank special resolution regime. Although there has been some awareness on the issue of coordination between home and host states regulatory measures, there is still a lack of awareness of the connection between regulatory measures and compensation schemes.

Conflict of interests could hardly be prevented in the course of cooperation and coordination among home and host regulatory authorities, and the coordination of the important link between ex ante regulatory measures and ex post compensation scheme which involves legal and economic analyses is a challenging task.

The paper’s findings show that there are practical implications for the recent rapid development of special resolution regime for global systematically important financial institutions against future banking crises and for managing the balance between the adoption of financial supervisory laws and special resolution measures.

This paper suggests that the harmonious coordination between ex ante regulatory measures and ex post compensation schemes has to be achieved through international context to avoid the absurd situations. This conceptual integrated framework presented in the current paper is not touched upon by the existing literature. This important concept is valuable for future research, and it is significant to financial regulators, legislators and the government in adjusting policy against banking crises in both developed and developing countries.

Money laundering is indeed a global phenomenon which undermines the economic and political stabilities of States. However, as much as money laundering is a global phenomenon, over the last decade, it has been apparent that development countries have been more exposed and vulnerable to its exploits. Thus, the purpose of this paper is to evaluate, specifically, the impact of money laundering on economic development, financial stability and also political development of “developing countries”. Hence, the aim and purpose of the paper is to deeply analyse the immense scale, concise effect and impact of the phenomenon of money laundering that hinders economic and political growth in developing countries in contrast to the developed countries. The paper also intends to examine the above issues in the context of Nigeria as a developing country.

In developing this paper, emphasis was placed on primary sources of information and references to secondary sources of information where relevant. Therefore, the methodology employed in this paper is analytical and based on the facts reflected in the secondary sources and also legal and socio‐economic analyses of money laundering phenomenon.

The phenomenon of money laundering, amongst other economic and financial crimes have had better success in infiltrating into the economic and political structures of most developing countries therefore resulting to economic digression and political instability. Although, developing countries have responded and continue to respond, through legislative measures, to the menace of money laundering, at national level, however, money launderers, have exploited the lax regulatory environment, vulnerable financial systems along with persistence civil and political unrest of most the developing countries. The findings of the paper also highlight the relationship between corruption and money laundering in developing countries.

The paper is very unique in its approach as it combines legal analyses with social philosophy or combating money laundering and from a perspective of law of development both at the national and international levels, it focuses on the negative impacts of money laundering on the development of developing countries such as Nigeria.

The purpose of this research is to determine the relationship between entrepreneurial leadership and employee innovative behavior and examine mediating role of affective commitment, creative self-efficacy and psychological safety in this relationship.

Using cross-sectional research design, data were collected from 343 employees of information technology (IT) service firms in Pakistan. Partial least squares–structural equation modeling (PLS-SEM) technique was applied to test the proposed research model.

The findings reveal that entrepreneurial leadership is strongly and positively related to employee innovative behavior. Moreover, affective commitment, creative self-efficacy and psychological safety simultaneously mediate this relationship.

This study uncovers the important role of entrepreneurial leadership in driving employee innovative behavior in high-tech services industry. Findings of this study suggest that by practicing entrepreneurial behaviors, managers can enhance employees' affective commitment, creative self-efficacy and psychological safety, which invoke employees to demonstrate innovative behavior leading toward improved innovation performance at organizational level.

This research makes novel contribution to entrepreneurial leadership theory by using competing theoretical perspectives and subsequently providing more nuanced picture of the contrasting mechanisms that transmit the impact of entrepreneurial leadership on employee innovative behavior.

The high crimes of bribery and money laundering resonate vividly with the public, especially where politically exposed persons (PEPs) are involved. Conventional wisdom thus far, dictates the adoption of even stiffer criminal sanctions for perpetrators of such crimes to solidify deterrence. This paper contends that while this approach may be a viable option in respect of PEPs in Western jurisdictions, it is less so with PEPs in Africa, where their peculiar socio-legal antecedents have rendered the venomous arrow of criminal sanction a largely anodyne prickle. The paper further contends that only a paradigm shift away from criminal to tougher civil remedy options can effectively address the endemic incidents of a growing number of PEPs actively engaged in financial crime aimed at asset stripping the state for personal gain in Africa.

The paper juxtaposes empirical evidence from historical records with comparative regional and international approaches to establish some creative new thinking on the subject matter.

The paper makes an important, significant and persuasive argument for a kind of paradigm shift in the approach to fighting corruption by PEPs in Africa specifically …. It is quite creative in deciphering a major root cause of the ineffectiveness in most of Africa of criminal sanction as an anti-corruption weapon, and in pressing trust law and the principles of fiduciary obligation into the service of thinking through the reinvigoration of the legal battle against corruption in Africa.

The paper makes a significant original contribution to the legal and policy literature. The author also displays an impressively sound technical command of the relevant and rather pivotal trust law principles and case law.

This paper aims to explore the role of public and private international law and how they are used differently in regulation of global markets. Data were sourced from both primary and secondary materials – journal papers, court decisions, textbooks and international legal instruments to gain insights into the role of law and the varied contexts in which it is used in regulation of markets. In an ordinary sense of the word, law sets operational limits to protect normative values and practices in a state – trade, peace, security, just to mention but a few. However, law cannot be confined to deterring undesired behaviours or to settling disputes, but more importantly, a good law should prevent disputes from happening. Law dictates the way of life of a society and its efficacy often depends on how well it is used to order the proper functioning of the system. International law is the set of rules which govern and foster effective relations of states. The paper explores the chasm between public and private international law, with a view to demonstrate how they are used differently in regulation of markets. Public and private international law encompass norms evolved by multilateral treaties, customs, judicial decisions, model laws and soft law instruments by different oversight bodies governing states and other stakeholders in their relationship with each other. These norms/rules create a platform for interstate cooperation on varied regulatory issues of shared interests. While treaties create a uniform framework of rules in all signatory states, their implementation often depends on individual states willingness to transpose them into national law. Owing to the inherent challenges of public international law (interstate practice), it has become imperative for markets to use rules of private international law. While public regulates the relationship of states and their emanation, private international law helps to bridge gaps in the mainstream international legal systems of states and in so doing enhances their co-existence on overlapping regulatory issues. The engendered trans-national norms will over time generate a positive impact on local sustainability and co-existence of different regulatory domains.

This paper uses cases studies and experiences of countries to demonstrate the complimentary relationship of public and private international law and how they work in tandem in international legal practice. The paper has also used the varied experiences of states to demonstrate how public and private international law interact in regulation of global markets. Data were sourced from both primary and secondary sources – journal papers, court decisions, textbooks and international legal instruments – to gain insights into the law and the varied contexts in regulation of markets. The case law and experience of states alluded to undertaking this research reflect the complimentary relationship of states for markets to operate effectively.

The findings of the paper comport with the hypothesis that markets cannot effectively work unless they are pursued within the framework of rules of public and private international law. The paper has alluded to the experience in national jurisdictions and global to highlight the chasm between different regulatory domains for markets to operate effectively. The paper articulates important practical issues relating to public and private international law in regulations of markets.

The practical implication of the paper is that it underscores significant legal issues relating to regulation of markets drawing examples within national jurisdictions and globally.

The paper has social implications because markets affect people, jobs and social life in varied ways. It addresses pertinent issues related to the complementarity of public and private international law and how they are manifested in national jurisdictions.

The paper is original because it nuances the interrelationship of public and private international law, teasing out their interaction in regulation of global markets in a distinctive way.

Building on self-determination theory, this study empirically examined the influence of entrepreneurial leadership (EL) style on employee innovative behavior (EIB) in the context of software development firms located in the twin cities of Pakistan (Rawalpindi and Islamabad).

For the present study, an employee survey (online questionnaire) was used for data collection. The data were collected through an adopted questionnaire by using emails and messaging applications. Structural Equation Modeling (PLS-SEM) was used to analyze data collected from 245 respondents.

The findings of this study delineate that entrepreneurial leadership positively and significantly influences employee innovative behavior. Moreover, the relationship between entrepreneurial leadership and employee innovative behavior was partially mediated by employee epistemic curiosity (EC) and creative process engagement (CPE). The sequential mediation by the employee epistemic curiosity and creative process engagement between the link of entrepreneurial leadership and employee innovative behavior was also confirmed.

In innovation-intensive organizations like software development firms, entrepreneurial leadership style can foster employee innovative behavior that is critical for organizational innovation success. This study provides information to the strategic leaders on how leadership behaviors can drive employee innovative behavior, particularly in the context of software development companies.

This study is an attempt to extend the scarce literature on the mechanisms through which leadership styles impact employee innovative behavior. Specifically, the mediating roles of employee epistemic curiosity and creative process engagement have been explored through a self-determination perspective.

This study aims to analyse how talent management practices in family-owned hotels contribute to their employees' fulfilment of their psychological contract.

Semi-structured interviews were conducted with 30 employees working at three different family business hotels in Sharm El-Sheikh, Egypt. Moreover, thematic analysis was undertaken on the collected data resulting in four major themes.

The findings revealed that stimulating employees to fulfil their psychological contract towards their family-owned hotels leads to several benefits. First, it leads to talent management practices that support crisis management, sustainability and resilience. Second, it contributes to empathy towards or at least a deep concern for the future of work in the hospitality sector. Third, to fulfil their psychological contract, employees, particularly non-family members, require inclusive talent management and ongoing training programmes tailored to prepare them to meet current and future challenges in the hospitality sector.

To the best of the authors' knowledge, the present study is the first study to empirically investigate the relationship between talent management practices and the psychological contract of employees in family-owned hotels, especially in developing economy context of Egypt. Also, it is one of the pioneering studies to unpack these dynamics for family as well as non-family employees.