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Journal articles on the topic 'Insurance Law and Governance'
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1
Asongu, Simplice, and Nicholas M. Odhiambo. "Financial access, governance and insurance sector development in sub-Saharan Africa." Journal of Economic Studies 47, no. 4 (February 23, 2020): 849–75. http://dx.doi.org/10.1108/jes-01-2019-0025.
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PurposeThis study investigates the role of financial access in moderating the effect of governance on insurance consumption in 42 sub-Saharan African countries using data for the period 2004–2014.Design/methodology/approachTwo life insurance indicators are used, notably: life insurance and non-life insurance. Six governance measurements are also used, namely: political stability, ‘voice and accountability’, government effectiveness, regulation quality, corruption-control and the rule of law. The empirical evidence is based on the Generalised Method of Moments (GMM) and Least Squares Dummy Variable Corrected (LSDVC) estimators.FindingsEstimations from the LSDVC are not significant while the following main findings are established from the GMM. First, financial access promotes life insurance through channels of political stability, ‘voice and accountability’, government effectiveness, the rule of law and corruption-control. Second, financial access also stimulates non-life insurance via governance mechanisms of political stability, ‘voice and accountability’, government effectiveness, regulation quality, the rule of law and corruption-control.Originality/valueThis research complements the sparse literature on insurance promotion in Africa by engaging the hitherto unexplored role of financial access through governance channels.
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Asongu, Simplice, Joseph Nnanna, and Paul Acha-Anyi. "Information technology, governance and insurance in Sub-Saharan Africa." Social Responsibility Journal 16, no. 8 (September 5, 2019): 1253–73. http://dx.doi.org/10.1108/srj-05-2019-0167.
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Purpose This study aims to investigate the role of information and communication technology (ICT) in modulating the effect of governance on insurance penetration in 42 Sub-Saharan African countries using data for the period 2004-2014. Design/methodology/approach Two insurance indicators are used in the analysis, namely, life insurance and non-life insurance. The three ICT modulating dynamics used include mobile phone penetration, internet penetration and fixed broadband subscriptions. Six governance channels are also considered, namely, political stability, “voice & accountability”, regulation quality, government effectiveness, the rule of law and corruption-control. The empirical evidence is based on generalized method of moments. Findings The following main findings are established. First, mobile phone penetration does not significantly modulate governance channels to positively affect life insurance while it effectively complements “voice & accountability” to induce a positive net effect on non-life insurance. Second, internet penetration complements governance dynamics of political stability, government effectiveness and rule of law to induce positive net effects on life insurance and corruption-control for an overall positive effect on non-life insurance. Third, the relevance of fixed broadband subscriptions in promoting life insurance is apparent via governance channels of regulation quality, government effectiveness and the rule of law while fixed broadband subscriptions do not induce significant overall net effects on non-life insurance though the conditional effects are overwhelmingly significant. Originality/value To the best of the authors’ knowledge, studies on the relevance of ICT in promoting insurance consumption through governance channels are sparse, especially for a region such as Sub-Saharan Africa where insurance penetration is low compared to other regions of the world.
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Heimer, Carol A. "Failed Governance: A Comment on Baker and Griffith's Ensuring Corporate Misconduct." Law & Social Inquiry 38, no. 02 (2013): 480–92. http://dx.doi.org/10.1111/lsi.12014.
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This essay evaluates Baker and Griffith's book, Ensuring Corporate Misconduct, as a contribution to the social science literatures on regulation and governance, risk, and insurance. Previous social science work on insurance often took an “insurance on the ground” perspective comparing how insurance actually works with the theory of insurance and scrutinizing the actions of insurers as well as the actions of their policyholders. In line with this perspective, Baker and Griffith find that directors and officers (D&O) insurers do not actually charge premiums that vary with risk or monitor the actions of the officers and directors covered by the insurance. Because insurers and governments share governance tasks (a point Baker makes elsewhere), insurers' failures in fact amount to “failed governance” of the corporate world.
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Gal, Jens. "Corporate governance of insurers in Germany. German National Report." Zeitschrift für die gesamte Versicherungswissenschaft 109, no. 1 (February 2020): 41–64. http://dx.doi.org/10.1007/s12297-020-00467-9.
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Abstract Corporate governance is the set of rules, be they legal or self-regulatory, practices and processes pursuant to which an insurance undertaking is administrated. Good corporate governance is not only key to establishing oneself and succeeding in a competitive environment but also to safeguarding the interests of all stakeholders in an insurance undertaking. It is insofar not surprising that mandatory requirements on the administration of insurance undertakings have become rather prolific in recent years, in an attempt by regulators to protect especially policyholders against perceived risks hailing from improperly governed insurance undertakings. In Germany this has been regarded by many undertakings as an overly paternalistic approach of the legislator, especially considering that the German insurance sector has experienced for decades if not centuries a remarkably low number of insolvencies and that German insurers were neither the trigger nor the (especially) endangered actors in the financial crisis commencing in 2007. Notwithstanding the true core of this criticism, that the insurance industry was taken to a certain degree hostage by the shortcomings within the banking sector, the reform of German Insurance Supervisory Law via implementation of the Solvency II-System has brought many advances in the sense of better governance of insurance undertakings and has also brought to light many deficiencies that the administration of some insurance undertakings may have suffered from in the past, which are now more properly addressed.
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Tan, Celine. "Risky business: political risk insurance and the law and governance of natural resources." International Journal of Law in Context 11, no. 2 (May 12, 2015): 174–94. http://dx.doi.org/10.1017/s174455231500004x.
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AbstractThis paper explores the implications of political risk insurance (PRI) in the regulation and governance of natural resources sectors in developing countries. Operating in a hybrid public–private sphere, PRI arrangements involve a more complex web of contractual and non-contractual relations than commercial insurance products, and parties to such arrangements are inserted into a much more intricate framework of legal and political governance, with correspondingly broader international and domestic implications. The paper argues that PRI represents a form of government rationality that provides a framework for organising and regulating the behaviour of actors involved in natural resource investments in developing countries. In natural resources projects where tensions regularly exist between the interests of the foreign investor, the host state and local communities, PRI arrangements can reframe the terms of engagement between these various stakeholders and redefine the host state's engagement with the broader international community.
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Mariner, Wendy K. "Health Insurance is Dead; Long Live Health Insurance." American Journal of Law & Medicine 40, no. 2-3 (June 2014): 195–214. http://dx.doi.org/10.1177/009885881404000202.
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Upon the death of a king or queen, the proclamation “the king is dead, long live the king” announces a new monarch’s accession to the throne, preserving the sovereign order. As the Patient Protection and Affordable Care Act (ACA) is implemented, it is tempting to proclaim the reign of a new system of health insurance. But, will it preserve the old order or initiate a new form of governance? As states and insurers grapple with new rules and regulations being issued from the Department of Health and Human Services, the Treasury Department and the Department of Labor, one might believe an entirely new health insurance system is being built. Yet, the ACA is designed to preserve existing forms of public and private health insurance, such as Medicare and private employer group health plans, which will continue to operate much as they have in the recent past. What has changed is the role that insurance will play and how that will shape the way we think about health policy.
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Juwita, Ratna. "Good Governance and Anti-Corruption: Responsibility to Protect Universal Health Care in Indonesia." Hasanuddin Law Review 4, no. 2 (August 30, 2018): 162. http://dx.doi.org/10.20956/halrev.v4i2.1424.
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The establishment of universal health care marks a new momentum for the progressive realization of the right to health in Indonesia. The problem of corruption in health sector endangers the sustainability of effective and quality health care, therefore, Indonesia established an anti-fraud system to protect the universal health insurance fund. This research seeks to analyze the current anti-fraud system in universal health insurance through the lens of international law and principles of good governance. The sociolegal approach is chosen to study the relationship between the State party obligations to international law and the implementation of international law concerning universal health care and anti-corruption in the designated anti-fraud system. Good governance principles are essential in designing an effective anti-fraud system due to the correlation between human rights and anti-corruption that both areas emphasize good governance principles as guiding principles for the realization of human rights and the making of potent anti-corruption strategy.
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Herr, Trey. "Cyber insurance and private governance: The enforcement power of markets." Regulation & Governance 15, no. 1 (July 3, 2019): 98–114. http://dx.doi.org/10.1111/rego.12266.
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Ogbuozobe, Fidelis. "A consideration of the impact of the Companies and Allied Matters Act (1990) and the Insurance Act (2003) on the board of insurance companies in Nigeria. Part 1." International Journal of Law and Management 51, no. 5 (September 11, 2009): 336–58. http://dx.doi.org/10.1108/17542430910988928.
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PurposeThis paper (which is Part 1 of 2) seeks to explore the development and implementation of good corporate governance in the financial services industry in Nigeria.Design/methodology/approachThe paper reflects upon the identification of current problems and official legislative responses in Nigeria and tests the policy and theory against actual responses and practices.FindingsWith the collapse of such mega companies as Enron in the USA and the near‐collapse symptoms observed in such a relatively big company as Cadbury Nigeria, such research as this, on the issue of compliance or otherwise with corporate governance practices by organizations, could not have been undertaken at a more appropriate time than now. Considering the ever‐increasing scope and complexity of the subject, which cannot be covered by a single project, the particular focus here is on the impact of the Companies and Allied Matters Act (1990) and the Insurance Act (2003) on the Boards of insurance companies in Nigeria. In other words, do the said statutes contain sufficient provisions and sanctions to ensure effective performance by Boards of insurance companies in Nigeria?Originality/valueWhile this research paper may not claim to fill this gap completely, it is hoped that it will create sufficient awareness to serve as a springboard for effective entrenchment and enforcement of corporate governance practices in the Nigerian financial services industry (including insurance) in particular and the economy in general.
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Diacon, Stephen R., and Noel O'Sullivan. "Does corporate governance influence performance? Some evidence from U.K. insurance companies." International Review of Law and Economics 15, no. 4 (December 1995): 405–24. http://dx.doi.org/10.1016/0144-8188(95)00038-0.
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Sjafruddin, Sjafruddin, and Iskandar Iskandar. "TATA KELOLA SISTEM PENJAMINAN SIMPANAN PERBANKAN DI INDONESIA." J-ISCAN: Journal of Islamic Accounting Research 2, no. 2 (December 7, 2020): 113–25. http://dx.doi.org/10.52490/j-iscan.v2i2.932.
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The ratification of Law Number 24 of 2004 concerning the Deposit Insurance Corporation (LPS) marks the formal process of institutionalizing the deposit insurance system in Indonesian banking. After the banking systemic crisis in 1997 that hit various countries including Indonesia, the government made various stabilization and reform policies in the financial sector to improve the banking system. The blanket guarantee policy for bank customer deposits in 1998 with no limits (blanket guarantee) restored public confidence in banks, but on the other hand this guarantee also created a moral hazard risk for banks. The existence of the LPS ended the unlimited deposit insurance system by limiting the guarantee in the form of a deposit insurance limit and a guaranteed interest rate known as the LPS interest rate. This article attempts to describe and analyze the institutionalization process and governance process in the deposit insurance system in Indonesia. The results show that the process of institutionalizing the deposit insurance system in Indonesia is carried out in stages by assessing banking risk taking and public perceptions of the banking industry in Indonesia. In the governance process, the LPS carries out its function as guarantor of deposits of depositors, LPS is tasked with determining and formulating policies for implementing deposit insurance and implementing deposit insurance. LPS makes payment of guarantee claims to depositors from banks whose business licenses have been revoked as long as they meet the requirements stipulated by the LPS Law.
Keywords: Deposit Insurance Agency, Institutionalization, Governance.
Abstrak
Lahirnya Undang-Undang Nomor 24 Tahun 2004 tentang Lembaga Penjamin Simpanan (LPS) menandai proses formal institusionalisasi sistem penjaminan simpanan pada perbankan di Indonesia. Setelah Krisis sistemik perbankan tahun 1997 yang melanda berbagai negara termasuk Indonesia, pemerintah membuat berbagai kebijakan stabilisasi dan reformasi di sektor keuangan guna menyehatkan sistem perbankan. Kebiijakan penjaminan terhadap jumlah simpanan nasabah perbankan pada tahun 1998 dengan tanpa batasan (blanket guarantee) mengembalikan kepercayaan masyarakat terhadap perbankan, namun disisi lain jaminan tersebut juga menimbulkan risiko moral hazard bagi perbankan. Keberadaan LPS mengakhiri sistem penjaminan simpanan tanpa batas dengan membatasi penjaminan dalam bentuk limit penjaminan simpanan dan suku bunga yang dijamin yang dikenal dengan suku bunga LPS. Artikel ini mencoba memaparkan dan menganlisa proses institusionalisasi dan proses tata kelola (governance) pada sistem penjaminan simpanan di Indonesia. Hasilnya menunjukkan bahwa proses institusionalisasi sistem penjaminan simpanan di Indonesia dilakukan secara bertahap dengan menilai risk taking perbankan dan persepsi masyarakat terhadap industri perbankan di Indonesia. Dalam proses tata kelola, LPS menjalankan fungsinya sebagai penjamin simpanan deposan, LPS bertugas menetapkan dan merumuskan kebijakan pelaksanaan penjaminan simpanan serta melaksanakan penjaminan simpanan. LPS melakukan pembayaran klaim penjaminan kepada deposan dari bank yang dicabut izin usahanya sepanjang telah memenuhi persyaratan yang telah ditetapkan oleh UU LPS.
Kata kunci: Lembaga Penjamin Simpanan, Institusionalisasi, Tata Kelola.
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Mrozowska - Bartkiewicz, Beata. "The Status of a Manufacturer of an Insurance Product and the Agency Activity." Prawo Asekuracyjne 1, no. 102 (March 15, 2020): 18–29. http://dx.doi.org/10.5604/01.3001.0013.9086.
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Following the principles of IDD, the Act of 15 December 2017 on insurance distribution introduced the concept of “‘a manufacturer of an insurance product” into Polish insurance practice and legislation. Obtaining the status of an insurance product manufacturer involves the responsibility for the design of this product, the necessity to maintain the process of the insurance product governance as well as the obligation to review and examine whether the product is not defective. Clearly and automatically, an insurance undertaking is a manufacturer of an insurance product. Nevertheless, in certain factual situations this status may be shared by an insurance undertaking with insurance intermediaries, including agents, if they perform a significant and decisive function in the product manufacturing process, that is to say, when an insurance intermediary’s impact on the shape of the product is essential. The status of a manufacturer of an insurance product is relevant while determining the liability of an insurance undertaking and a distributor for the product defect both in administrative proceedings before the Polish Financial Supervision Authority (KNF) and in civil disputes with customers. An agent, having the status of a manufacturer of an insurance product, is liable for regulatory responsibility, assessed primarily by the KNF, namely the responsibility for the fulfilment of the obligations imposed by the law regarding the proper pursuit of activities and in certain factual situations, also the application of appropriate procedures for the development and management of an insurance product, which will be at the centre of the assessment. In the event of an infringement of the duties and requirements for the performance of product governance by an agent and a manufacturer, the Financial Supervision Authority may apply a number of supervisory instruments.
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Chiaramonte, Laura, Alberto Dreassi, Andrea Paltrinieri, and Stefano Piserà. "Sustainability Practices and Stability in the Insurance Industry." Sustainability 12, no. 14 (July 8, 2020): 5530. http://dx.doi.org/10.3390/su12145530.
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While the concept of sustainability is receiving growing attention from investors, firms, regulators, and researchers, little is known about its role in the insurance industry. As institutional investors and risk-absorbers from businesses and individuals, insurers adopt an operating model that is more inclined to target long-term objectives; they should be among the firms benefiting the most from engaging in sustainable practices. The existing literature provides evidence of the positive impact of sustainability on commercial stability, but this is the first study to examine this relationship for the insurance sector. Focusing on American listed insurers, we found that sustainability, proxied by Environmental, Social and Governance (ESG) scores, enhances the stability of insurers, and that this relationship is driven by environmental and social dimensions. We did not observe a significant contribution from the governance dimension. Finally, we found a stronger association for life insurers. Our results are shown to be robust to endogeneity, enterprise heterogeneity and potential sample selection biases.
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Wang, Chunmei. "Analysis of the legal sources of the introduction of basic socialist values in the "Law on insurance"." Legal Science in China and Russia, no. 4 (September 16, 2021): 64–70. http://dx.doi.org/10.17803/2587-9723.2021.4.064-070.
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The main socialist values are the soul of socialist legal construction. The introduction of basic socialist values into the construction of the rule of law is an inevitable requirement for maintaining a combination of State governance on a legal basis and State governance on the basis of moral norms, and this is an important way to strengthen the construction of basic socialist values. The promotion of the introduction of basic socialist values into legislation has become an important measure for the introduction of basic socialist values into the construction of law and order and an important way of implementing basic socialist values. From the point of view of the rule of law, upholding the basic socialist values in laws and regulations undoubtedly requires the transformation and elevation of basic values, such as politics and moral norms, to the level of legal norms, so that they can receive a source and normative characteristic of justice, execution and protection.However, from the point of view of judicial practice and social reality in China, there are other types of norms that serve as the basis for court decisions and the normative basis for the behavior of the subject. Therefore, the “Insurance Law” as the basic law in the fi eld of traditional commercial law, the introduction of basic socialist values developed by a legal source based on the central position of the legislator, and should be based on the Constitution of the Civil Code of China. Here is about the fact that the constitution is the main right and dominant in the legal system of any countryThe content “The state supports the basic socialist values” was added to article 24 “Amendment to the Constitution of the People’s Republic of China”, adopted on March 11, 2018. So that the basic socialist values are raised to the level and height of constitutional norms, and, thus, the defense of the basic socialist values has the highest legal force of the constitution. The Civil Code of the People’s Republic of China is guided by the “Constitution”, and in article 1 “the task of legislation” further proposes and requires “the promotion of socialist core values” and accepts the integration of the civil and commercial codes as a legislative tradition and legislative style.This is what provides the normative basis of the legal source for the introduction of the Law on Insurance into the basic socialist values. Principles and institutions, as the main forms of manifestation of law in the source of law, have also become two fi elds in which the basic socialist values are integrated into the Law on Insurance. Field integration at the level of basic principles should be mainly based on the principle of good faith, but based on the characteristics of insurance activity and insurance management, the overall integrity of the core values should be raised to the highest level of maximum integrity in order to offer a higher degree of honesty to insurance entities.Integration at the level of institutions requires not only the concretization of the principle of maximum integrity, but also the integration of basic values, such as freedom, equality, justice and the rule of law, into specifi c institutions in order to offer norms of behavior and justice for insurance entities and judicial authorities from the level of a legal source. In addition, from the position of judges in the center of justice, from the legal source, the introduction of basic socialist values has certain disadvantages, therefore, other types of norms besides legal sources should be introduced, such as appropriate judicial explanations about the Insurance Law, in this general fi eld, to help correct the shortcomings of the Insurance Law in the legal source, the full manifestation and implementation of the guiding and guiding role of the basic socialist values in the insurance legislation and insurance practice of China, the effective normalization and leadership of the healthy development of the insurance industry in China, as well as the demonstration and implementation of the contribution of insurance to the socialist economic order of China, and serves as a "stabilizer" of public order.
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Maurya, Dayashankar, and Amit Kumar Srivastava. "Controlling opportunism in partnerships: a process view." International Journal of Public Sector Management 33, no. 6/7 (August 10, 2020): 751–69. http://dx.doi.org/10.1108/ijpsm-02-2020-0062.
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PurposeControlling partner opportunism in public-private partnership (PPP) requires effective adaptation of governance mechanisms over life-cycle. This paper proposes a process framework of effective governance adaptation for controlling partner opportunism in case of PPP.Design/methodology/approachUsing in-depth interview data and extensive secondary data, a comparative case analysis of governance adaptation for controlling partner opportunism in two provinces in the “National Health Insurance Program” in India was conducted. The study uses contextual analysis and critical incident technique to identify the opportunistic behaviors and use processing tracing to map the adaptation of governance mechanisms for effective control of partner opportunism.FindingsThe paper makes several propositions and proposes a three-stage framework for effective governance adaptation for controlling partner opportunism. The study proposes that governance adaptation begins with the iterative process of discovering governance needs, followed by the dynamic interaction between governance mechanisms shaping the adaptation process. The process ends with two-dimensional alignment–alignment of partner's goal and alignment of governance mix with governance needs resulting in effective governance.Research limitations/implicationsThe paper contributes to the existing debates on governance mix and its effectiveness in PPP by proposing two-dimensional alignment for optimal governance adaptation leading to effective PPP governance.Originality/valueExisting research presents contradictory findings about the effectiveness of governance mechanisms to control partner opportunism. The proposed process-view of governance adaptations tries to address this conundrum to some extent.
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Stenström, Anders. "The Private Policing of Insurance Claims: Power, Profit and Private Justice." British Journal of Criminology 58, no. 2 (April 12, 2017): 478–96. http://dx.doi.org/10.1093/bjc/azx026.
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AbstractThe article examines the ways private policing is organized with regard to profitability. While the literature on private policing has enhanced our understanding of its growth, scope and normative implications, less is known about how ‘hybrid’ policing is conducted to make profit. Informed by 38 qualitative interviews with the seven largest insurance companies in Sweden, the article details how power relations are organized to ensure that the private policing of insurance claims supports and does not pose a threat to profit. Drawing on evidence from the empirical research, a range of issues are discussed, including the relationship between private policing and state power, and the intertwined governance of both claimants and policing actors.
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Chiheb, Kaoutar, and Mohamed Sbihi. "PROSPECTS FOR REFORM OF MEDICAL COVERAGE IN MOROCCO." International Journal of Advanced Research 9, no. 01 (January 31, 2021): 1039–55. http://dx.doi.org/10.21474/ijar01/12388.
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For equal access to health care and to allow citizens greater access to the health system, Law 65-00 relating to Basic Health Insurance (BHI) was created in Morocco in 2005. The development of this law marks the starting point for all optimized actions with measurable objectives in the health sector. Even if this law has evolved gradually to try to generalize medical coverage, but it currently remains obsolete, because fifteen years after its implementation, it has not allowed the universalization of medical coverage to all citizens. However, further reform is called for. Government, institutions and society are under increasing pressure to ensure further reform. The constraints of implementing solid governance, financing, equal access to healthcare services are challenges to be taken up in order to reform the regulations relating to medical coverage in Morocco.
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Diez-Esteban, José María, and Óscar López-de-Foronda. "Dividends and institutional investors activism: Pressure resistant or pressure sensitive?" Corporate Ownership and Control 6, no. 1 (2008): 38–43. http://dx.doi.org/10.22495/cocv6i1p4.
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This paper provides new international evidence on the relationship between dividend policy and institutional ownership by analysing a sample of US and UK and Irish firms characterised by an Anglo-Saxon tradition and a matching sample of other EU companies from Civil Law legal systems. We hypothesize that, due to the different characteristics of both the legal system and the nature of agency conflicts in firms from those countries, the type of institutional investors and their role in corporate governance is different and so the use of dividend policy to solve the conflict of corporate governance problem differs in each legal system. We find that while in firms from Anglo-Saxon tradition the relation between dividends and institutional investors, pension and investment funds, is possitive, in Civil Law countries the relation is negative where investors are banks or insurance companies with other private interest inside the firm. These results are consistent with our hypotheses and breed new insights into the role of dividend policy as a disciplining mechanism in firms from different legal system with an important presence of institutional investors
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Birnbaum, David. "Freedom of choice requires availability of choice options." Clinical Governance: An International Journal 19, no. 3 (July 1, 2014): 191–93. http://dx.doi.org/10.1108/cgij-05-2014-0020.
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Purpose – The purpose of this paper is to describe divergent recent developments in provision of reproductive health services to North Americans. Design/methodology/approach – Narrative review. Findings – Two North American countries with very different histories present similar governance challenges today. The challenge is to provide all women with the full range of reproductive health options to which they are legally entitled now. In Canada, those contraception and abortion options are covered under the medical service plan insurance but not always available in convenient locations. In USA, those options are not uniformly covered under health insurance plans due to statutory limitations. In Canada, where federal law limiting abortion was struck down as unconstitutional, the leader of one of its three major federal political parties sees the way forward being to limit his party to pro-choice candidates. In USA, where new laws limiting abortion have been introduced at an unprecedented rate, the judiciary is being asked to define the way forward. Originality/value – Clinical governance needs to balance the moral beliefs of individual providers against the rights of patients to have their lawful choices available within reasonable convenience. Progress has been made but needs are still not adequately met, in these North American examples.
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Hotimah, Hudriatul. "IMPLEMENTATION OF GOOD CORPORATE GOVERNANCE AT PT AXA MANDIRI FINANCIAL SERVICES." Dinasti International Journal of Digital Business Management 1, no. 5 (August 22, 2020): 815–28. http://dx.doi.org/10.31933/dijdbm.v1i5.485.
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Good Corporate Governance (GCG) is a system that organizes and controls a company so that it can form added value for all stakeholders. This study aims to determine the application of GCG at PT AXA Mandiri Financial Services (AMFS) which is a joint venture Conventional Life Insurance company between PT Bank Mandiri (Persero) Tbk and National Mutual International Pty. Limited (AXA). The research method used is descriptive qualitative. The results of this study indicate that PT AMFS has implemented GCG in an integrated manner in all business processes. This is evidenced by the transformation in 10 line areas, namely digital services, distribution, health and protection, human resources and culture, information technology systems, data, efficiency, customer experience, and offers (documents and products). PT AMFS also applies the Three Lines of Defense principle to an internal control system that is integrated with risk management. The main line of defense is the directors and all employees of PT AMFS. Second, risk management, compliance and law. Third, internal and external audit.
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Philipsen, Niels J., and Michael G. Faure. "The Role of Private Insurance in Governing Work-Related Risks: A Law and Economics Perspective." Zeitschrift für Sozialreform 66, no. 3 (September 1, 2020): 285–316. http://dx.doi.org/10.1515/zsr-2020-0013.
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Abstract This contribution focuses on the governance of industrial accidents and occupational diseases. Prevention of work-related accidents and diseases and compensation of employee-victims can be the subject of public regulation, such as OHS regulation and social security. However, also private actors may be involved in the regulation of work-related accidents, especially when compensation of damage caused by work-related risks is not (sufficiently) covered by public regulation. These private actors include representatives of employers and employees, but may also include private insurers. In some jurisdictions liability insurers provide supplementary cover for OHS risks and policy-makers often expect that the monitoring by liability insurers will increase safety at work. The main research question addressed in this paper is whether insurers (and more particularly insurers of employers’ liability) are indeed able to contribute to safety at work. Taking a law and economics perspective, we expect that this depends crucially on the possibilities insurers have to control moral hazard and adverse selection. However, the extent to which liability insurers have a financial interest in combatting these phenomena plays an important role. That may crucially depend upon the generosity of the public compensation scheme. First, we recapitulate the economic theory of insurance to the extent that it relates to work-related risks. Second, we address the question whether in some jurisdictions insurers have actually made use of these instruments, based on a literature survey. Third, we examine information on insurance policies offered by insurers in The Netherlands and the United Kingdom, to analyse to what extent theory matches practice.
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Sutarno, Sutarno. "HARMONISASI POLA PENGELOLAAN KEUANGAN FASKES DI LINGKUNGAN KEMENTERIAN PERTAHANAN DAN TNI DENGAN UU NO. 44 TAHUN 2009 tentang RUMAH SAKIT." Perspektif Hukum 19, no. 2 (October 27, 2019): 182. http://dx.doi.org/10.30649/phj.v19i2.199.
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<em>Since the enactment of Law Number 24 of 2011 concerning the Social Security Organizing Agency, there has been a very fundamental change in terms of Health Services. Health facilities within the Ministry of Defense and TNI which also affect budget governance. This legal research is a normative law with sources of primary and secondary legal materials that aim to review and analyze the legal rules regarding the management of income income received by Health Facilities within the Ministry of Defense and the TNI based on Law Number 44 of 2009; and reviewing and analyzing conflicting norms for the use of the TNI Health Facility as of the enactment of Law Number 24 of 2011 concerning the Health Insurance Administering Body. The results showed that the TNI Hospital which is a health facility owned by the Government should be subject to the rules contained in RI Law No. 44 of 2009 concerning Hospitals.</em>
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Zaman, Shama, and Samina Saeed. "Good Governance as an Instauration Towards Socioeconomic Development: a Case Study of Pakistan." Journal of Public Administration and Governance 9, no. 3 (July 29, 2019): 58. http://dx.doi.org/10.5296/jpag.v9i3.15168.
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Good governance has been inclinational to a well-civilized society. The notion of governance has emphatically been promoted in the twenty-first century for sustainable socioeconomic development in a form of millennium & sustainable development goals (MDGs and SDGs). Because good governance is one of the multilayered stratagem being directly involved in a socioeconomic progression, it sets off a mechanism of modus operandi from higher to lower governing hierarchy. Significantly, it enlightens basic democratic system to levitate an infrastructure of good governance through standing on multidimensional pillars of accountability, transparency, rule of law and mass participation. Strategic planning of good governance overcomes the uneven justifications in all spheres of life. In fact, justified distribution of socioeconomic assets is deployed by the principles of good governance. That assists in maintaining the balance of power to not only initiate the development but cause its sustainability in the course of socioeconomic paradigms. Thus it is subsumed directly or indirectly in strengthening the individual, institutional, and societal capacity development. Impartially, a specific criterion of good governance has been designed as a tool effector in the national action plans of both developed and developing states. An accompaniment of good governance with socioeconomic sector in Pakistan has been distinguished as a critical phenomenon to the development process and to the effectiveness of development assistance. Because the issues of good governance are responsive to the present and future socioeconomic needs and developments, an insurance towards the condition of good governance urges major donors and international financial institutions to spread investment over socioeconomic challenges and reforms in Pakistan. Hence strategic planning and management highlighted with quality and standards reinvigorate the practice of good governance through assuring socioeconomic development as a reality and fortune of the nation.
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Al-Tawil, Tareq Na'el, and Hassan Younies. "Corporate governance: on the crossroads of meta-regulation and social responsibility." Journal of Financial Crime 27, no. 3 (July 17, 2020): 801–20. http://dx.doi.org/10.1108/jfc-01-2020-0011.
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Purpose The purpose of this paper is to discuss incongruities in the corporate entity over the matter of agency. In lieu of the traditional notion of moral agency theory, the stakeholder model offers congruent grounding to corporate governance. Socially irresponsible or unethical corporate activities are perceived to increase expenses, diminish shareholder value and tarnish business reputations. In contrast, socially responsible corporate practices contribute to positive attitudes to the company and contribute to the creation of competitive advantage. Design/methodology/approach This paper follows the ongoing evolution of the regulatory changes instituted after the scandalous corporate fiascos of the present century, such as those of Enron and WorldCom in the USA, Polly Peck in the UK, HIH Insurance and One.Tel in Australia, and Siemens in Germany, inter alia. The exposition also touches on the regulatory metamorphosis of corporate governance in its convergence towards “meta-regulation” with corporate social responsibility at the core. Findings While meta-regulation has so far worked in many countries, caution is expressed over the perils of over-reliance on a meta-regulatory approach. Industries or market sectors should also attempt to operate from the start within the confines of self-regulation and government regulation. Market sectors and industries need to find the framework of regulation that is best suited to their operations. Originality/value The paper concludes by discussing the observed challenges and implications of such convergence, as well as future directions for law practitioners, academics and researchers in the realm of corporate conduct.
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Abdurahim, Ahim, Hafiez Sofyani, and Sigit Arie Wibowo. "Membangun Good Governance di Lembaga Amil Zakat, Infaq dan Shadaqah (LAZ): Pengalaman Dua LAZ Besar di Indonesia." INFERENSI: Jurnal Penelitian Sosial Keagamaan 12, no. 1 (August 1, 2018): 45–64. http://dx.doi.org/10.18326/infsl3.v12i1.45-64.
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This study aims to explore experiences of two big LAZs in Indonesia, namely Lazis Based on Islamic Organization X and Rumah Zakat in complying requirements as a good governance Lazis, with reference to Religion Ministerial Decree (Keputusan Menteri Agama/KMA) 333/2015 about Guidance on Giving Permit Establishment of Amil Zakat Institute and Statement of Financial Accounting Standards (PSAK) No. 109 on Accounting for Zakat and Infak/Alms. Specifically, this study was conducted with interview and observation techniques. Object observations are: Legality, Organizational Structure, Human Resource Quality, Work Program Planning, Implementation Work, Data Management, and Reporting. This study indicate hat there are several points of the requirements that become obstacles, namely: Registered as an Islamic social institution that manages the field of education, da'wah and social or institutional bodies law, Having a planned program plan and trstruktur, Have the technical, administrative and financial skills to carry out its activities, Have state health insurance (BPJS) and employment or other insurance for its employees, and able to raise funds at least 50 billion for LAZNAS. From the various obstacles that arise, the two LAZ has a similar pattern in solving them, namely by adopting the practice of New Public Management for the management and governance of Lazis can run well. In addition, synergy with various parties, such as academics and NGOs, and utilize the progress of information technology by building an e-donation system to optimize the collection of zakat and infaq potentials from various regions in Indonesia. The results of this study are expected to be an input for other LAZ in improving the quality of management and governance, especially related to the filing of legality to the Ministry of Religious Affairs of Indonesia regulated in KMA 333 2015.
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Martins, Alexandre Marques da Silva, and Osiris Vargas Pellanda. "O contrato de seguro de responsabilidade civil para diretores e gestores na administração pública direta no Brasil." Revista de Direito Administrativo 278, no. 3 (December 20, 2019): 87. http://dx.doi.org/10.12660/rda.v278.2019.80831.
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<p>Directors and Officers Liability Insurance (D&O) contracted by the direct public administration in Brazil</p><p> </p><p>O presente artigo pretende oferecer uma análise sobre os aspectos relacionados com a contratação de seguros de responsabilidade civil para diretores e gestores públicos (D&O) pela administração pública direta no Brasil. Neste contexto, proceder-se-á a uma investigação dos fundamentos do seguro de responsabilidade civil que, por conseguinte, permitirá esclarecer as nuances do D&O cujos beneficiários são diretores e agentes públicos que gozam de alta discricionariedade em processos decisórios. Assim, será demonstrado que, se um governo deseja utilizar de maneira eficiente o D&O, que é uma ferramenta de gerenciamento de risco, é necessária não só a aplicação da análise econômica do direito e de princípios de governança corporativa, mas também de princípios que regem a administração pública em seus negócios jurídicos.</p><p> </p><p>This article aims to analyze the Directors and Officers Liability Insurance (D&O) contracted by the direct public administration in Brazil. In this context, an understanding of the underpinnings of civil liability insurance sheds light on the nuances of the D&O, whose beneficiaries are usually managers and public agents enjoying high-discretion decision-making power. Hence, this study will demonstrate that if a government wishes to make efficient use of D&O, a risk management tool, it is necessary to apply not only the Economic Analysis of the Law and principles of corporate governance but also general principles governing the public administration in its transactions.</p>
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Albetairi, Huda Tariq Abdulrahman, Gagan Kukreja, and Allam Hamdan. "Integrated Reporting and Financial Performance: Empirical Evidences from Bahraini Listed Insurance Companies." Accounting and Finance Research 7, no. 3 (June 7, 2018): 102. http://dx.doi.org/10.5430/afr.v7n3p102.
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In Middle Eastern countries, Integrated Reporting <IR> concept is gaining momentum and companies are adopting it in non-standardize way however, it is not mandatory by law. The current study is aimed at exploring <IR> among five listed insurance companies in Bahrain and its effects on their financial performance (Return on Assets assumed). Content, descriptive and linear regression analyses were employed to analyze the collected data over a period of four years from 2012 to 2015. The research findings suggested that there is a wide variation of companies’ compliance with <IR>, and the use of non-uniform disclosure formats. The content elements whose level of disclosures appeared to improve include the external environment and organizational overview, governance, and outlook, while there is a decreasing level of disclosures that are witnessed for risk and opportunities. The business model, strategy and resource allocation have a positive and significant relationship with Return on Assets (ROA), while risk and opportunities and performance elements negatively, but significantly related to ROA. This research will help the policy makers, regulators, investors, companies, researchers and analysts to understand the importance of <IR>. Further, it provides the broad understanding and application of <IR> to the researchers, academicians and students communities.
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Wiering, Mark, Colin Green, Marleen van Rijswick, Sally Priest, and Andrea Keessen. "The rationales of resilience in English and Dutch flood risk policies." Journal of Water and Climate Change 6, no. 1 (August 30, 2014): 38–54. http://dx.doi.org/10.2166/wcc.2014.017.
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We compared the governance of flood risk in England and the Netherlands, focusing on the general policies, instruments used and underlying principles. Both physical and political environments are important in explaining how countries evolved towards very different rationales of resilience. Answering questions as ‘who decides’, ‘who should act’ and ‘who is responsible and liable for flood damage’ systematically, results in a quite fundamental difference in what resilience means, and how this affects the governance regime. In the Netherlands, there is nationwide collective regime with a technocracy based on the merit of water expertise, legitimated by a social contract of government being responsible and the general public accepting and supporting this. In England there also is a technocracy, but this is part of a general-political and economic-rational decision-making process, with responsibilities spread over state, insurance companies, individuals and communities. The rationales are connected to specific conceptions of the public interest, leading to specific governance principles. In both countries, flood risk strategies are discussed in the light of climate change effects, but resilience strategies show more persistence, although combined with gradual adaptation of practices on lower scales, than great transformations.
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Lu, Jung Ho, and Der Juinn Horng. "The role of directors' and officers' insurance in corporate governance: evidence from the high-tech industry in Taiwan." International Journal of Technology Management 40, no. 1/2/3 (2007): 229. http://dx.doi.org/10.1504/ijtm.2007.013536.
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De Nichilo, Stefano. "SUBSTANTIVE ANALYTICAL PROCEDURES IN SHARIA COMPLIANTS AS AGREED-UPON PROCEDURES SERVICE IN ITALIAN CORPORATE GOVERNANCE." Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) 3, no. 2 (January 31, 2021): 96–112. http://dx.doi.org/10.31538/iijse.v3i2.1069.
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Islamic finance is a complex of banking, financial and insurance activities carried out in accordance with the dictates of Islamic law (shari'a) and which can be framed in the broader genus of ethical or sustainable finance.
Since its inception, but especially in the last thirty years, it has experienced constant and surprisingly rapid growth. However, the rise of Islamic finance has remained confined to some specific geographic realities, failing, at least for the moment, to establish solid roots in the European, Australian or American markets.
Although Islamic finance began to appear on the European scene as early as the early 2000s, the response of the states was, in general and with some relevant exceptions, rather disappointing.
In Italy, for example, the spread of this phenomenon is hindered by the absence of regulatory frameworks, by a distorted narrative and communication as well as by technical and cultural barriers.
This work aims to be a reflection on various aspects - historical, social and economic - of Islamic finance of which our country, by virtue of its geopolitical position and its historical traditions, should become more aware. [1]
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Short, Jodi L. "Competing Normative Frameworks and the Limits of Deterrence Theory: Comments on Baker and Griffith's Ensuring Corporate Misconduct." Law & Social Inquiry 38, no. 02 (2013): 493–511. http://dx.doi.org/10.1111/lsi.12018.
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This essay reviews the contributions to deterrence theory that Tom Baker and Sean Griffith make in Ensuring Corporate Misconduct (2010) and argues that their work highlights the limits of deterrence theory for shaping corporate conduct. Baker and Griffith extend the deterrence framework to account for the mediating effect of third-party institutions, like insurers, on deterrence calculations, and they suggest how corporate governance decisions, such as what type of insurance coverage to purchase, encode signals about corporations' compliance motivations and capacity. Although these insights might prove useful for enhancing the efficacy of deterrence regimes aimed at white-collar crime and other types of corporate misconduct, they suggest the difficulty of shaping corporate conduct that is influenced not only by the norms embodied in securities law, but also by the alternative normative system of shareholder value maximization. I discuss the failure of deterrence theory to address adequately noncompliant behavior that springs not solely from material self-interest, but from adherence to an alternative set of norms, and I explore the possibility of viewing corporate compliance as a norm-change project.
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Haddad, Ayman E., Wafaa M. Sbeiti, and Amer Qasim. "Accounting legislation, corporate governance codes and disclosure in Jordan: a review." International Journal of Law and Management 59, no. 1 (February 13, 2017): 147–76. http://dx.doi.org/10.1108/ijlma-07-2016-0064.
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Purpose The main aim of this paper is to provide an overview of the most influential economic changes and accounting legislation affecting financial reporting and disclosure practices in Jordan. It also provides an overview of disclosure studies conducted in Jordan covering the year(s) between 1986 and 2014 to investigate whether there is an improvement in disclosure practice in Jordan. This paper also investigates the most influential firm characteristics affecting disclosure practices in Jordan found in prior disclosure studies that were conducted in Jordan between 1986 and 2014. The paper also addresses the disclosure items required in Corporate Governance Codes that exist for listed shareholding companies, banks and insurance companies. Finally, the paper discusses the quality of accounting education in Jordan, as prior studies noted its impact on accounting practice. Design/methodology/approach Based on a review of prior disclosure studies conducted in Jordan between 1986 and 2014, this study compared the results of disclosure studies before and after 1998. In 1997, Jordan, as a result of economic changes, issued the Temporary Securities Law and its Directives of Disclosure, which came into effect in 1998. The law is considered as the turning point in the improvement of disclosure practice in Jordan. A trend line of disclosure practice is also used to investigate whether disclosure practice is improved after the issuance of this law. A descriptive analysis is also used to examine the factors affecting disclosure practice in Jordan. Findings Based on a review of prior disclosure studies, it was concluded that disclosure practices have improved overtime. It was also observed that that firm size as a factor has always affected the level of disclosure in Jordan and is followed by external auditing, while liquidity is found to have the least effect. It was concluded that economic changes, agreement with international organizations like the World Trade Organization (WTO) and the International Organization of Securities Commissions (IOSCO), new regulations and financial market reforms have improved disclosure practice in Jordan. It was also found that there is a need for further studies in disclosure practice that are not sufficiently covered in Jordan. Originality/value The study is based on a review of disclosure studies conducted in Jordan between 1986 and 2014. We investigate whether mandatory, voluntary, corporate social and internet disclosure practice improved over the last three decades in Jordan. This study is the first to provide evidence on the improvement of disclosure practices based on a review of disclosure studies in Jordan. The paper is expected to be a reference for disclosure studies in developing countries, Jordan in particular, as it summarized and criticized the weaknesses on disclosure practice and accounting legislations in Jordan.
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Briceño, Hernán Ricardo, and Javier Perote. "Determinants of the Public Debt in the Eurozone and Its Sustainability Amid the Covid-19 Pandemic." Sustainability 12, no. 16 (August 11, 2020): 6456. http://dx.doi.org/10.3390/su12166456.
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Different economic studies have been concentrated on specific and/or isolated factors to explain public debt evolution. In this article we have developed an integrated viewpoint based on financial, social and governance or institutional factors. Under our dynamic econometric assessment for the last two decades (i.e., since the Euro currency inception), economic growth, interest rate, life expectancy at birth, unemployment, government effectiveness and the last sovereign debt crisis have resulted as being the major determinants of its evolution. Public debt sustainability must be assessed continuously with the aim to discuss technical recommendations to maintain it at an even rate, to allow sustainable economic growth and better life standards, in the context of life expectancy increasing and stable governance and institutional conditions. Undoubtedly, the Covid-19 pandemic leads more damaged Eurozone countries with negative real economic growth and high unemployment rates to increase dramatically their current public debts, to such an extent that they could fall into unsustainable paths. Therefore, substantial reforms in European pension and unemployment insurance systems are necessary conditions to ensure public debt sustainability amid Covid-19 pandemic.
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Eder, Mine. "Retreating State? Political Economy of Welfare Regime Change in Turkey." Middle East Law and Governance 2, no. 2 (2010): 152–84. http://dx.doi.org/10.1163/187633710x500739.
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AbstractInformed by the debates on the transformation of welfare states in advanced industrial economies, this article evaluates the changing role of the state in welfare provision in Turkey. Turkey's welfare state has long been limited and inegalitarian. Strong family ties coupled with indirect and informal channels of welfare (ranging from agricultural subsidies to informal housing—both costly but politically expedient) have compensated for the welfare vacuum. At first glance, Turkey's welfare reform that emerged from the 2000-2001 fiscal crisis appears like a classic case of moving towards a minimalist, 'neoliberal' welfare regime—with increasingly privatized health care and private social insurance. The state retreats via the subcontracting of welfare provision to private actors, growing involvement of charity organizations, and increasing public-private cooperation in education, health, and anti-poverty schemes. Yet, there is also evidence of the expansion of state power. The newly empowered 'General Directorate of Social Assistance and Solidarity (SYDGM)' manages an ever-increasing budget for social assistance, the number of mean-tested health insurance (Green Card) holders explodes, health care expenditures rise substantially, and municipalities become important liaisons for channeling private money and donations for antipoverty purposes. The cumulative effect is an 'institutional welfare-mix' that has actually mutated so as to compensate for the absence of the earlier, politically attractive but fiscally unsustainable welfare conduits. The result has so far been the creation of immense room for political patronage, the expansion of state power, and no significant improvement of welfare governance.
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Bacho, Robert, Rishard Pukala, Serhii Hlibko, Nataliya Vnukova, and Peter Pola. "Information Management: the Key Driver of the Economic System’s Development." Marketing and Management of Innovations, no. 3 (2019): 297–307. http://dx.doi.org/10.21272/mmi.2019.3-23.
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In the scientific article, an information management model was developed for assessing the influence of regulatory tools on business processes on the example of the insurance market of Ukraine. The main purpose of the research is to determine the role of information management as a key driver of business process development in economic systems (on the example of the Ukrainian insurance market). Systematization literary sources and approaches for solving the problem indicates that the development of innovative tools of public governance for the assessment of the regulatory influence of the state regulatory body on the business processes of insurance market is not completed and requires a more in-depth study. The formation of a system of indicators characterizing the business processes of insurance market, which take into account the influence of the Regulator's tools, is proposed to be implemented in the following sequence: to find out the causal links between the indicators of business processes of insurance market and the measures; to determine the existence of the reaction of business processes’ indicators of insurance market to the Regulator’s measures, taking into account the time gap, which determines the presence of lags in the process of applying the Regulator's measures; to define and formalize the variability of the business processes’ indicators of insurance market under the influence of the Regulator's measures. Then the scale of the state of insurance market was built: firstly, check for normality the distribution of the indicators’ values of these markets; secondly, in compliance with the distribution law to construct the scale of indicators according to the «three-sigma rule»; thirdly, in the case of nonconformance with the normal distribution law and presence of skewness, the method of «three sigma» may be used, but either the arithmetic mean, or the mode of the variation series, or its median, is taken as the reference point. The relevance of the decision of this scientific problem is that a set of models is developed for establishing causal relationships between the indicators characterizing the business processes of the insurance market and government regulation instruments, which are quantitatively determined, are theoretical and practical basis for their possible application for solving universal modeling problems of causal processes of estimating the influence of the taken decisions at any regulation of business processes. To solve the problem the Granger-test, the expanded Dickey-Fuller test, the Phillips-Perron test and the Kwiatkowski-Phillips-Schmidt-Shin test were applied. Time series distribution on stationarity and construction of vector autoregression models are implemented. In order to evaluate the adequacy of the models, a comparison of values of Fisher's, Student's criteria, determination coefficient and adjusted determination coefficient is used. Jarque-Bera criteria are used to test the model for stationarity, stability. The formalization of cause-and-effect relationships through the postulate of the theory of measurements and the construction of scales is performed. The built interval scales are based on the application of the three sigma rule, which made possible to specify the allowable boundary values of the indicators. The obtained results testify the influence of regulatory tools on the business processes of insurance market, which confirms the correctness of the use of this complex of models for the solution of weakly formalized problems of causal nature of universal type. The proposed innovative model can be used as a methodology for developing a set of rational methods for assessing informational influences of management decisions in production systems or marketing research. The results of the research can be used to evaluate the business processes of any market or system. Keywords: business processes, Granger test, informational management, informational model, insurance key driver, services market, regulation tools, scaling, vector autoregression.
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Leshinsky, Rebecca. "Situating real estate law for the new outer-space economy." Journal of Property, Planning and Environmental Law 13, no. 2 (August 3, 2021): 152–64. http://dx.doi.org/10.1108/jppel-02-2021-0010.
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Purpose With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space. Design/methodology/approach Drawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts. Findings Real estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice. Practical implications Real estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself. Originality/value The time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.
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IJsbrandy, Charlotte, Wim H. van Harten, Winald R. Gerritsen, Rosella P. M. G. Hermens, and Petronella B. Ottevanger. "Healthcare professionals’ perspectives of barriers and facilitators in implementing physical activity programmes delivered to cancer survivors in a shared-care model: a qualitative study." Supportive Care in Cancer 28, no. 7 (December 2, 2019): 3429–40. http://dx.doi.org/10.1007/s00520-019-05108-1.
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Abstract Background The positive impact of physical activity programmes has been recognised, but the current uptake is low. Authorities believe delivering these programmes in a shared-care model is a future perspective. The present study aimed to identify the barriers and facilitators affecting physical activity programme implementation in a shared-care model delivered with the cooperation of all the types of healthcare professionals involved. Methods Thirty-one individual interviews with primary healthcare professionals (PHPs) and four focus group interviews with 39 secondary healthcare professionals (SHPs) were undertaken. We used Grol and Flottorp’s theoretical models to identify barriers and facilitators in six domains: (1) physical activity programmes, (2) patients, (3) healthcare professionals, (4) social setting, (5) organisation and (6) law and governance. Results In the domain of physical activity programmes, those physical activity programmes that were non-tailored to the patients’ needs impeded successful implementation. In the domain of healthcare professionals, the knowledge and skills pertaining to physical activity programmes and non-commitment of healthcare professionals impeded implementation. HCPs expressed their concerns about the negative influence of the patient’s social network. Most barriers occurred in the domain of organisation. The PHPs and SHPs raised concerns about ineffective collaboration and networks between hospitals. Only the PHPs raised concerns about poor communication, indeterminate roles, and lack of collaboration with SHPs. Insufficient and unclear insurance coverage of physical activity programmes was a barrier in the domain of law and governance. Conclusions Improving the domain of organisation seems the most challenging because the collaboration, communication, networks, and interactive roles between the PHPs and SHPs are all inadequate. Survivor care plans, more use of health information technology, improved rehabilitation guidelines, and better networks might benefit implementing physical activity programmes.
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Мишкић, Мирослав, and Биљана Јоргић. "Осигурање професионалне одговорности у функцији заштите интереса и стабилности пословања компанија и менаџера // Insurance against professional liability in function of protection of the interests and stability of the company business and the managers." ACTA ECONOMICA 12, no. 21 (July 19, 2014): 85. http://dx.doi.org/10.7251/ace1421085m.
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Резиме: Осигурање од опште и професионалне одговорности на тржиштима развијених земаља представља окосницу и заштиту стабилности пословања компанија. Постоје различите линије ових производа које за свој основни циљ имају покриће грађанско-правне одговорности за штете усљед смрти, повреде тијела или здравља, као и уништења ствари трећих лица. Осигуравајуће куће су у зависности од потреба тржишта развиле производе намијењене одређеним професионалним сегментима. Тако свака држава одређене видове професионалне одговорности уводи као обавезне по сили закона. Основни циљ обавезности јесте управо заштита и стабилност компаније јер висина одштетних захтјева, уколико до њих дође, сигурно може довести до угрожавања ликвидности компанија.Осигурањем од опште одговорности покривена је одговорност за проузроковану штету ако је настала из дјелатности или из посједовања ствари, из правног односа или из својства као извора опасности који су означени у исправи о закљученом уговору, односно у условима осигурања саме осигуравајуће компаније.Професионална одговорност из дјелатности има за циљ да пружи осигуравајућу заштиту за одштетне захтјеве који могу бити покренути против компанија, односно наручиоца услуге, а који настају као последица стручне грешке осигураника у вршењу регистроване дјелатности и за које компанија одговара на основу закона. Један од видова осигурања одговорности који у задње вријеме скреће пажњу јавности јесте осигурање од одговорности чланова управе и менаџера. Овај осигуравајући инструмент је финансијска заштита члановима управе, менаџерима, члановима надзорног одбора и осталим запосленим који имају функцију у привредном друштву за вријеме руковођења, па чак и након тога (тзв. одложено дејство). У савременом пословном свијету многе компаније послују глобално. Бити упознат с културолошким и политичким различитостима, те захтјевима и условима на глобалном тржишту, помаже осигураницима у препознавању личне изложености, те уговарању одговарајућег осигуравачког покрића. Међународне осигуравајуће групе помажу у наведеном нудећи својим клијентима међународно искуство и знање.Због наведених чињеница, савремени свијет у коме је осигурање ствар културе и престижа, обезбиједио је полисе одговорности од реномираних осигуравајућих групација, дошао је на ниво да се купујући мастер програме за компаније које посједују у другим земљама обезбјеђују што већи лимити и шира покрића на основу обима осигурања, чиме су обезбиједили веома важан и моћан елемент и стандард корпоративног управљања. На овај начин је првенствено заштићен репутациони рејтинг самих компанија који може бити угрожен подизањем и вођењем судских спорова.Summary: On the markets of developed countries, insurance against general and professional liability presents the foundation in protection of stability of the company business. There are various lines of these products which as their goal have the coverage of civil-legal liability for damages in case of death, bodily injuries or health, as well as in case destruction of property of third parties. Insurance companies have, depending on the needs of the market, developed products intended for specific professional segments. Therefore, all countries are introducing certain forms of professional liability as mandatory according to the law. Main goal of the mandatory obligation is exactly the protection and stability of the company, because the amounts of claims, if they incur, can certainly lead to endangering of the company liquidity.Insurance against general liability covers liability for damages if they are caused by business activities or by possession of property, by legal relations or from capacity as the source of danger, which are designated in the document on concluded contract, i.e. in the Insurance conditions of the insurance company.Professional liability from business activities has a goal to provide insurance protection against claims which can be filed against the companies, or the service purchaser, and which incur as a consequence of professional mistake of the insured in performance of registered activities and for which the company is liable according to the law.One of form of liability insurances which has recently captured the attention of the public is insurance against liability o directors and officers (D&О). This insurance instrument is financial protection for for members of the management, managers, members of Supervisory boards and other officers in a company during management, and even after that (so called delayed effect).Global experience and competence – in modern business world many companies operate globally. Being informed about the cultural and political diversity, and the requirements and conditions on global market, helps the insured to recognize the personal exposure, and to find the appropriate insurance coverage. International insurance groups help with this by offering their clients international experience and knowledge.Due to the stated facts, the modern world where insurance is a matter of culture and prestige, providing the liability policies from renowned insurance companies, reaching the level where Master programs for companies owned in other countries are being bought which provide high limits and wide coverage on basis of insurance volume, is providing very important and powerful element and standard of corporate governance. This primarily protects the reputation rating of the companies themselves, which can be jeopardized with filing of lawsuits and litigation.
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IACOB, Dr Andreea Iluzia. "Message from Editor." Global Journal of Business, Economics and Management: Current Issues 6, no. 1 (October 25, 2016): 01. http://dx.doi.org/10.18844/gjbem.v6i1.1138.
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Dear Readers,It is the great honor for us to publish sixth volume of Global Journal of Business, Economics and Management: Current Issues.Global Journal of Business, Economics and Management: Current Issues is an international, multi-disciplinary, peer-refereed journal which aims to provide a global platform for professionals working in the field of business, economics, management, accounting, marketing, banking and finance and scholars and researchers to share their theoretical, empirical and practical knowledge on current issues in the area of business, economics and management.The journal welcomes original empirical investigations and comprehensive literature review articles. The scope of Global the journal includes, but is not limited to; Accounting, Advertising Management, Business and Economics, Business Ethics, Business Intelligence, Business Information Systems, Business Law, International Finance, Labor Economics, Labor Relations and Human Resource Managemen, Law and Economics, Management Information Systems, Business Law, Corporate Finance and Governance, Corporate Governance, Cost Management, Management Science, Market Structure and Pricing, Marketing Research and Strategy, Marketing Theory and Applications, Operations Research, Organizational Behavior and Theory, Organizational Communication, Prices, Business Fluctuations, and Cycles, Product Management, Decision Sciences, Development Planning and Policy, Economic Development, Economic Methodology, Economic Policy, Production and Organizations, Production/Operations Management, Public Administration and Small Business Entrepreneurship, Public Choice, Public Economics and Finance, Public Relations, Public Responsibility and Ethics, Regulatory Economics, Resource Management, Strategic Management, Strategic Management Policy, Stress Management, Supply Change Management, Systems Thinking, E-Bussiness and Industrial and Manufacturing Engineering.Financial performance, organizational climate, service quality and insurance education issues have been included into this issue. The topics of the next issue will be different. You can make sure that we will be trying to serve you with our journal with a rich knowledge in which different kinds of topics are discussed in 2016 Volume.A total number of eleven (11) manuscripts were submitted for this issue and each paper has been subjected to double-blind peer review process by the reviewers specialized in the related field. At the end of the review process, a total number of five (5) high quality research papers were selected and accepted for publication. We present many thanks to all the contributors who helped us to publish this issue.Best regards, Prof. Dr. Andreea Iluzia Iacob Editor – in Chief
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Permono, Arkanudin Rizki, Vinc Hadi Wiyono, and Lukman Hakim. "The Contradiction of Sustainable Food Agricultural Land Protection of Sukoharjo Regency, Central Java." International Journal of Multicultural and Multireligious Understanding 7, no. 8 (September 3, 2020): 173. http://dx.doi.org/10.18415/ijmmu.v7i8.1835.
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Sukoharjo Regency has established a Sustainable Food Agricultural Land in article 33 section 5 of the Regional Regulation No. 14 of 2011 in response to Law No. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land (LP2B). However, this policy setting did not work effectively, as indicated by the rate of conversion of paddy fields, the area of paddy fields amounted to 21,096 hectares in 2006 to 20,814 hectares in 2014, then the rate of agricultural GRDP of 3.68% in 2006 to -0.09 in 2014 and the rate of processing industry PDRB increased from 3.82% in 2006 to 5.22% in 2014. This study aims to describe the governance of LP2B in Sukoharjo Regency. This research employs descriptive method and literature study. The results showed, (1) the protection of sustainable agricultural land was still based on the Regional Spatial Planning Coordinating Board (BKPRD) in accordance with Decree of Sukoharjo Regent No.690.05 / 1283/2013; (2) there was no LP2B - Spatial Detail Plan yet ; (3) there was alleged practices of brokering of Land Use Allotment Permit; and (4) the active role of farmers in development was just begun in 2016, marked by the Establishment of Self-Supporting Agricultural Counselor Tulodho Tani in strengthening the Farmer Card and Agricultural Insurance program.
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Situm, Mario, Alex Plastun, Inna Makarenko, Yuliіa Serpeninova, and Giuseppe Sorrentino. "SDG 3 and financing instruments in Austria and Ukraine: Challenges and perspectives." Problems and Perspectives in Management 19, no. 3 (August 9, 2021): 118–35. http://dx.doi.org/10.21511/ppm.19(3).2021.11.
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This study aims to conduct a comparative analysis of the SDG in healthcare achievement in Austria and Ukraine and to determine possible lessons for Ukraine based on best EU and world experiences. To identify existing challenges and perspectives a comparative analysis of key indicators of healthcare expenditures and health financing systems in Austria and Ukraine was carried out. Results indicate that in Ukraine there is a substantial lack of public funding for healthcare (only 682 US dollars per capita in 2018), a poor share of voluntary health insurance (less than 1%), significant amounts (on average 50%) of expenditures of the population in general spending on health. On the contrary, in Austria, there is sufficient public funding for healthcare (5,879 US dollars per capita in 2018), more than 5% share of voluntary health insurance, moderate amounts (on average 25%) of expenditures of the population in general spending on health. Austria’s experience as an EU-member country with a successful example of a financing strategy for the healthcare system is a sound example for Ukraine. The alternative financing tools (e.g. result-based financing, impact investment, public-private partnership) can be used as an additional financing mechanism of healthcare funding in Ukraine. The use of these instruments along with the improvement of the fiscal policy, social security, and governance based on Austrian experience can cut the existing financing gap to achieve SDG targets in healthcare in Ukraine. AcknowledgmentThis study is financed equally by the Austrian Federal Ministry of Education and Science and the Ministry of Education and Science of Ukraine.
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Brahim, Nouha Ben, and Mounira Ben Arab. "Social disclosure: compliance of Islamic banks to governance standards No. 7 of AAOIFI (2010)." Journal of Islamic Accounting and Business Research 11, no. 7 (February 14, 2020): 1427–52. http://dx.doi.org/10.1108/jiabr-12-2018-0199.
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Purpose This paper aims to investigate the compliance of Islamic banks (IBs) with the AAOIFI standard No. 7, in Middle East and North Africa area during the period 2010-2014. The authors seek to identify, among the 15 countries and 72 banks, those which conform more to this standard. The level of compliance is expected to be more stringent in countries where AAOIFI standards are made mandatory. Design/methodology/approach The paper uses the unweighted disclosure method which measures the corporate social report disclosure (CSRD) score of a bank as additive. Each country and bank are assessed according to two obligatory and voluntary CSRDs. Findings The empirical results indicate that even though the global disclosure index has been improved over the observation period, it has remained relatively low. The results also allowed us to see that the global, mandatory and voluntary societal disclosures vary according to the country and banks. Further, it has been seen that banks allow more attention to the mandatory disclosure recommendations of AAOIFI Governance Standard No. 7, in comparison with the voluntary CSRD. Research limitations/implications One limitation of this study is that the sample is restricted to only the Islamic banking sector. Future research could include other Islamic financial institutions (IFIs) such as insurance companies. Second, the study could be extended to other countries to better control the religious system and cultural effects. Because in our modern era, traditional laws in the Muslim world have been widely replaced by statutes inspired by European models, the authors suggest then to apply a new classification that separates, for instance, countries that rely on an Islamic model from those with a western model, and national banks from those allied with western banks. Finally, the paper’s data collection relies solely on annual reports and does not include publications from bank sites. Future research could consider all these limitations. Another possible avenue could examine the determinants of such disclosure level. Practical implications Almost no study has been limited to the text of the AOIFFI. This detail is important for some countries where the AAOIFI standards are mandatory. Social implications The findings may be of interest to shareholders and all those who deal with IBs that have religious expectations. Originality/value Despite the fact that most studies investigated compliance of IB Sharia law, almost no study has been limited to the text of the AOIFFI. This detail is important for some countries where the AAOIFI standards are mandatory. The findings may be of interest to shareholders and all those who deal with IBs that have religious expectations.
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Shrestha, Shakti, Caroline Orchiston, Kenneth Elwood, David Johnston, and Julia Becker. "To cordon or not to cordon: The inherent complexities of post-earthquake cordoning learned from Christchurch and Wellington experiences." Bulletin of the New Zealand Society for Earthquake Engineering 54, no. 1 (March 1, 2021): 40–48. http://dx.doi.org/10.5459/bnzsee.54.1.40-48.
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The use of post-earthquake cordons as a tool to support emergency managers after an event has been documented around the world. However, there is limited research that attempts to understand the inherent complexities of cordoning once applied, particularly the longer-term impacts and consequences. This research aims to fill the gap by providing a detailed understanding of cordons, their management, and the implications of cordoning in a post-earthquake environment. We use a qualitative method to understand cordons through case studies of two cities where cordons were used at different temporal and spatial scales: Christchurch (M6.3, February 2011) and Wellington (M7.8 in Kaikōura, November 2016), New Zealand. Data was collected through 21 key informant interviews obtained through purposive and snowball sampling of participants who were directly or indirectly involved in a decision-making role and/or had influence in relation to the cordoning process. The participants were from varying backgrounds and roles i.e. emergency managers, council members, business representatives, insurance representatives, police, and communication managers. We find that cordons are used primarily as a tool to control access for the purpose of life safety and security, but cordons can also be adapted to support recovery. Broadly, our analysis suggests two key aspects, ‘decision-making’ and ‘operations and management’, which overlap and interact as part of a complex system. The underlying complexity arises in large part due to the multitude of sectors affected by cordons: economics, law, politics, governance, evacuation, civil liberties, available resources etc. The complexity further increases as the duration of cordoning is extended.
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Bartley, Tim. "Insurance as Governance." Contemporary Sociology: A Journal of Reviews 33, no. 4 (July 2004): 439–41. http://dx.doi.org/10.1177/009430610403300424.
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Lobo-Guerrero, Luis. "Insurance, subjectivity and governance." International Relations 33, no. 4 (December 2019): 605–9. http://dx.doi.org/10.1177/0047117819885161c.
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Pratiwi, Eka Ryanda, Mahdi Syahbandir, and Azhari Yahya. "Perlindungan Hukum Terhadap Hak Asasi Pasien Pengguna Badan Penyelenggara Jaminan Sosial Kelas 3." Syiah Kuala Law Journal 1, no. 1 (November 19, 2018): 119–39. http://dx.doi.org/10.24815/sklj.v1i1.12270.
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Badan Penyelenggara Jaminan Sosial (BPJS) berfungsi menyelenggarakan program jaminan kesehatan secara nasional berdasarkan prinsip asuransi sosial dan prinsip ekuitas dengan tujuan menjamin agar peserta memperoleh manfaat kesehatan. Pasal 1 angka 2 Undang-Undang Nomor 24 Tahun 2011 tentang Badan Penyelenggara Jaminan Sosial menyatakan bahwa Jaminan sosial adalah salah satu bentuk perlidungan sosial untuk menjamin seluruh rakyat agar dapat memenuhi kebutuhan dasar hidupnya yang layak. Dalam Pasal 224, 225, dan 226 Undang-Undang Nomor 11 tahun 2006 tentang UUPA, kewajiban kepada Pemerintah Aceh untuk memberikan pelayanan kesehatan secara menyeluruh kepada penduduk Aceh terutama penduduk miskin, fakir miskin, anak yatim dan terlantar. Pasien BPJS Kelas 3 di beberapa Rumah Sakit di Kota Banda Aceh memerlukan perlindungan secara hukum dalam menerima pelayanan kesehatan yang bertujuan menjamin adanya kepastian hukum yang didapatkan oleh pasien, sehingga pasien terhindar dari kerugian saat menerima pelayanan kesehatan yang seharusnya diberikan secara baik dan optimal oleh tenaga kesehatan.Kerugian sebagaimana dimaksud berupa kerugian atas kerusakan, pencemaran, dan atau kerugian menderita penyakit/cacat sebagai akibat perbuatan/kesalahan dokter. Bentuk ganti kerugian berupa perawatan kesehatan dalam rangka memulihkan kondisi pasien, pengembalian uang atau pengembalian barang dan atau pemberian santunan yang sesuai dengan ketentuan perundang-undangan.National Social Security Agency (BPJS) has a function to conduct national health of social security based social insurance principle and equity principle aiming at securing the members in order to obtain the benefit of health care. Article 1 point 2 of the Act Number 24, 2011 regarding National Social Security Agency stipulates that Social Security is one of the forms of social protection in securing all people to fulfill basic need of proper lives. Articles 224, 225, and 226 of the Act Number 11, 2006 regarding Aceh Governance Act oblige the Aceh Government especially the poor, orphan and abandoned kids. Patients of the National Social Security Agency of Class 3 in several hospitals in Banda Aceh need law protection in providing health services aiming to secure the existence of law certainty acquired by the patients hence it prevents from the loss while accepting the health services that should be provided well and optimally by medical staffs. The loss aforementioned are damages, contamination, or suffering from illness/disability resulted from medical malpractice. The kinds of the loss are health care in recovering patients’ condition, compensating or returning things or the compensation that is not based on existing rules.
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Yuan, Jingbo, Zhimin Zhou, Nan Zhou, and Ge Zhan. "Product market competition, market munificence and firms’ unethical behavior." Chinese Management Studies 13, no. 2 (June 3, 2019): 468–88. http://dx.doi.org/10.1108/cms-06-2018-0569.
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Purpose This paper aims to examine the effect of product market competition on firms’ unethical behavior (FUB) in the Chinese insurance industry and to further explore the boundary conditions of the main effects. On the basis of China’s commercial foundation, the study constructs a conceptual framework of FUB by drawing from the perspective of horizontal competition. Design/methodology/approach Data were collected from 52 property insurance firms at the branch level observed over the six-year period, 2011-2016. Within this framework, market power and market concentration were used to describe product market competition at firm and industry levels, respectively. The moderating effect of market munificence was analyzed to reveal the theoretical boundaries of the main effect. By drawing upon cost–benefit analysis and social network theory, the study used negative binomial model and Poisson model to quantitatively examine the relationship. Findings The relationship between product market competition and FUB is curvilinear. Especially at the firm level, market power exhibits a U-shape relationship with FUB; at the industry level, market concentration exhibits a U-shape relationship with FUB. In addition, market munificence positively moderates the impact of firm’s market power on FUB, whereas, market munificence negatively moderates the impact of industrial market concentration on FUB. Research limitations/implications This paper explored a new type of unethical behavior that concerns consumers or the third party by emphasizing horizontal competitive contexts; it also provides a better understanding of the FUB–financial performance relationship from the perspective of competition. The moderating effects suggest that when the cause of FUB is different (market power vs market concentration), firms may make opposite ethical choice. However, the sample is from a single industry; it will be fruitful to further verify these findings in other industries such as the manufacturing sector. Moreover, the definition of FUB is confined to explicit forms such as participation or collusion but there is no way to measure the implicit forms of FUB. Practical implications First, the governance of FUB should not only focus on the firms themselves, but also take into account the industrial market structure. Second, proper use of governance measures for FUB can increase firms’ benefits from “compliance with the law”, enticing firms to decrease FUB. The third, firms with weak market positions, facing fierce competition, should not be involved in FUB for short-term benefit; indeed, a low-cost strategy can be adopted as the dominant competitive strategy. While, in cases of highly concentrated market structure, firms should strive to avoid involvement in FUB through collusion with other rivals. Social implications As it is a very common phenomenon that firms in competitive relationships may adopt FUB toward third parties or consumers, this trend has become a hot topic in the economic and social development in China. The study’s conclusions reveal that a more proactive and ambitious ethical decision is desirable for all kinds of firms; moreover, firms should make a rational choice between “short-term interest” and “long-term survival”. When firms identify the compliance of business ethics as an opportunity to differentiate themselves and perceive the benefits of decreasing FUB as outweighing the costs, the level of FUB will be inhibited, and social welfare will increase. Originality/value The primary contribution of this research resides in identifying product market competition as a previously unexplored predictor of FUB, thus revealing the dark side of product market competition. In addition, nonlinear relationships between product market competition and FUB indicate that situations of competition exert an important influence on FUB both at the firm and industry level. This paper’s conclusion provides a more meticulous theoretical explanation for FUB. This research demonstrates that the traditional ethical framework is not sufficient to explain FUB in a horizontal competitive context. Indeed, resource constraints and competitive pressures should also be considered.
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Njegomir, Vladimir, and Rajko Tepavac. "Corporate Governance in Insurance Companies." Management - Journal for theory and practice of management 19, no. 71 (June 1, 2014): 81–96. http://dx.doi.org/10.7595/management.fon.2014.0010.
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Chong, Gin. "International insurance audits and governance." International Journal of Accounting & Information Management 23, no. 2 (May 5, 2015): 152–68. http://dx.doi.org/10.1108/ijaim-04-2014-0027.
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Purpose – This paper aims to assess 12 audit procedures that deemed challenging to insurance audits. Design/methodology/approach – This paper uses grounded theory as a framework for conducting series of semi-structured interviews with six technical audit partners, two from Big Four and four from non-Big Four. The interview agendas are drawn from the 12 audit approaches suggested by Practice Notes 20 (The Audit of Insurance in the United Kingdom) issued by the Auditing Practices Board (UK). Findings – Without an audit standard, practitioners will exercise excessive professional judgments and deviate from audit approaches. Research limitations/implications – Though the findings are solely drawn from the insurance sector rather than a wide spectrum of sectors, they have huge ramifications to accounting and audit professions, stakeholders and regulators. Practical implications – This paper reveals differences in audit approaches between the theoretical context and practical perspective. Social implications – The paper showed that impact of audit failure leads to litigation, financial losses and loss of faith in audit quality and approaches. Originality/value – This paper suggests a hybrid approach on the grounded theory, provides an extensive overview of the sector’s audit approaches and issues and unravels an urgent need for a concerted international auditing standard.
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Millard, Daleen. "Insurance Law." Yearbook of South African Law 1 (2020): 644–710. http://dx.doi.org/10.47348/ysal/v1/i1a14.
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