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1
Park, Jong Hee, and Kentaro Hirose. "Domestic politics, reputational sanctions, and international compliance." International Theory 5, no. 2 (June 4, 2013): 300–320. http://dx.doi.org/10.1017/s1752971913000195.
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The argument that reputational concerns promote compliance is at the center of the literature of international cooperation. In this paper, we study how reputational sanctions affect compliance when domestic parties carry their own reputations in international negotiations. We showed that the prospect of international cooperation varies a lot depending on who sits at the negotiation table, how partisan preferences for compliance are different, and how much international audiences discriminate between different types of noncompliance. We illustrate implications of our model using episodes from the negotiations between the United States and North Korea over North Korea's nuclear weapons program.
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Burgstaller, Markus. "Amenities and Pitfalls of a Reputational Theory of Compliance with International Law." Nordic Journal of International Law 76, no. 1 (2007): 39–71. http://dx.doi.org/10.1163/090273507x181656.
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AbstractSince there is no coercive power in the international system comparable to that which enforces the laws of a state, the question what motivates states to comply with international law remains among the most perplexing ones in international relations. For a long time, however, scholars have generally avoided the causal question 'why states obey international law'. Nevertheless, recent research agendas in international law and international relations have converged around the issues of norm creation and norm compliance. One influential strand of the compliance scholarship–commonly labelled reputational theory – is at the core of this article. Starting with some general characteristics of compliance with norms, mainly two contemporary theories of compliance with international law are dealt with. First, a variant of rationalist theory, Jack Goldsmith's and Eric Posner's monograph The Limits of International Law, is discussed. It shows that although these two authors seem to have some sympathy for a reputational theory of compliance with international law, they tend to stress the shortcomings of such an approach. To the contrary, Andrew Guzman's work, as exemplified in his article A Compliance-Based Theory of International Law, more readily embraces reputational concerns. It turns out that the essential thesis of a reputational theory is that reputation can alter the equilibrium: it causes future relationships to be affected by today's actions. Accounting for reputational effects, a decision to violate international law will increase today's payoff but reduce tomorrow's. International law succeeds when it alters a state's payoffs in such a way as to achieve compliance with an agreement when, in the absence of such law, states would behave differently. A reputational theory of compliance with international law is particularly well suited for areas such as international financial and economic law, i.e.for situations in which competitive market forces induce compliance with international law mainly because enforcement and monitoring are strong. Reputational incentives, like all incentives, act at the margin.
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Розанова and Nina Rozanova. "REPUTATION OF THE REGIONAL POWER: "SELF-PORTRAIT" (ON THE EXAMPLE OF PUBLIC CIVIL SERVANTS OF THE SMOLENSK REGION)." Central Russian Journal of Social Sciences 10, no. 5 (October 20, 2015): 86–94. http://dx.doi.org/10.12737/14299.
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The article presents the results of sociological research to identify the ideal and real reputational image of regional power by «eyes of the power» – on the example of public civil servants of executive authorities of the Smolensk region. Degree of compliance of the valid and desirable reputation characteristics is shown that allows to allocate priority directions in the activity of authorities in work on themselves and high-quality improvement of a reputational image.
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Basaran-Brooks, Bahriye. "Money laundering and financial stability: does adverse publicity matter?" Journal of Financial Regulation and Compliance 30, no. 2 (November 12, 2021): 196–214. http://dx.doi.org/10.1108/jfrc-09-2021-0075.
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Purpose Already suffering reputational damage from the global financial crisis, banks face a further loss of trust due to their poor money laundering (ML) compliance practices. As confidence-driven institutions, the loss of reputation stemming from inadequate compliance with regulations and policies labels banks as facilitators of crime and destroys public trust both in the bank itself, peer banks and the wider banking system. Considering the links between financial stability and adverse publicity about banks, this paper aims to critically examine the implications of ML-specific bank information on financial stability. Design/methodology/approach This paper adopts a content analysis and a theoretical discussion by critically evaluating the role of bank compliance information on stability with references to recent case studies. Findings This paper establishes that availability of information regarding a bank involved in or facilitating ML might pose a threat to financial stability if bank counterparties cut their ties with the bank in question and when bank stakeholders show a strong and sudden negative reaction to adverse publicity. Though recent ML scandals have not caused immediate instability, general loss of confidence associated with reputational risk have had a destabilising effect on affected banks’ capital and liquidity. Originality/value There has been surprisingly little discussion to date on the impact of publicly available bank information on financial stability and public confidence within the ML compliance framework. This paper approaches the issue of publicly available banking compliance information solely through the prism of public confidence and reputational risk and its impact on macro-stability by examining recent ML scandals.
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Achkasova, Svіtlana, Olena Bezrodna, and Yevheniia Ohorodnia. "Identifying the volatility of compliance risks for the pension custodian banks." Banks and Bank Systems 16, no. 3 (September 22, 2021): 113–29. http://dx.doi.org/10.21511/bbs.16(3).2021.11.
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The high probability of risk transfer from banks to their counterparties in the field of non-state pension provision (pension account owners, non-state pension funds, insurance companies, asset management companies, etc.) determines the relevance of this study. The paper aims to develop a toolkit for identifying the compliance risk volatility for pension custodian banks based on causal modeling.This toolkit contributes to: 1) tentative cognitive mapping of the causal relationship between the compliance risks of pension custodian banks in the field of financial monitoring and financial and reputational risks to assess their acceptability by stakeholders in non-state pension programs, and 2) impulse modeling. The created toolkit is based on the performance data provided by Ukrainian banks, as well as on the reports of the National Bank of Ukraine. Apparently, an increase in penalty rates by 0.1% would reduce the compliance risks for banks by 0.03%, and the number of violations in financial monitoring (specifically the improper assessment/reassessment of customer risks) by 0.01%. In turn, the compliance risk volatility inherent in custodian banks affects the variability of their reputational and financial risks. Thus, reducing the compliance risks by 0.1% would improve the reputation of banks and increase their regulatory capital by 0.01%.The study findings substantiate the use of the created toolkit to supplement the risk profile components for pension custodian banks, thereby demonstrating the potential volatility of their compliance risks and their consequences for banks and individual groups of their stakeholders. AcknowledgmentThe work is prepared and financed within the framework of the state budget research work No. 45/20202021 “Formation of a risk-oriented system of accumulative pension provision” (DR No. 0120U101508).
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Nie, Mintao. "Divided governmental structure and state compliance with international human rights law: A reputation-based approach." Leiden Journal of International Law 34, no. 3 (May 31, 2021): 705–27. http://dx.doi.org/10.1017/s0922156521000212.
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AbstractPrevious research has analysed a range of domestic stakeholders that make national governments’ commitments to international human rights law credible, including an independent judiciary, legislative veto players, political opposition groups, and non-governmental organizations. But how do the power dynamics within the government affect state compliance with international human rights law? Building on the basic understanding that international human rights law needs to pass through domestic political and administrative processes before it can be implemented on the ground, this article articulates a reputation-based theoretical framework to explain how the lack of reputational mechanisms at the local level and national leaders’ shifting of blame for non-compliance to sub-national officials and the internal governance structure – two salient characteristics in a decentralized political system – make international human rights law less effective. A case study of US compliance with Article 36 of the 1963 Vienna Convention on Consular Relations sheds light on how international reputational concerns interact with divided authority structure to shape national leaders’ and subnational authorities’ policy responses to the enforcement of international human rights standards.
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Barclay, Pat. "Harnessing the Power of Reputation: Strengths and Limits for Promoting Cooperative Behaviors." Evolutionary Psychology 10, no. 5 (December 1, 2012): 147470491201000. http://dx.doi.org/10.1177/147470491201000509.
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Evolutionary approaches have done much to identify the pressures that select for cooperative sentiment. This helps us understand when and why cooperation will arise, and applied research shows how these pressures can be harnessed to promote various types of cooperation. In particular, recent evidence shows how opportunities to acquire a good reputation can promote cooperation in laboratory and applied settings. Cooperation can be promoted by tapping into forces like indirect reciprocity, costly signaling, and competitive altruism. When individuals help others, they receive reputational benefits (or avoid reputational costs), and this gives people an incentive to help. Such findings can be applied to promote many kinds of helping and cooperation, including charitable donations, tax compliance, sustainable and pro-environmental behaviors, risky heroism, and more. Despite the potential advantages of using reputation to promote positive behaviors, there are several risks and limits. Under some circumstances, opportunities for reputation will be ineffective or promote harmful behaviors. By better understanding the dynamics of reputation and the circumstances under which cooperation can evolve, we can better design social systems to increase the rate of cooperation and reduce conflict.
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Юдина, Татьяна, and Tatiana Yudina. "IMPROVING THE UNIVERSITY REPUTATIONAL LIABILITY." Russian Journal of Management 3, no. 5 (December 29, 2015): 531–38. http://dx.doi.org/10.12737/14601.
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One of priority problems of modernization of system of the higher education in Russia is overcoming the disproportions revealed during different years of monitoring of activity of higher education institutions, reduction of the contents, structure of vocational training of shots, technologies of realization of educational programs in compliance with requirements of employers and also taking into account the forecast of labor market, welfare and economic development. All this is possible at the stage of development of the higher school on condition of introduction of new mechanisms of management of the higher educational institutions based on formation and increase of their reputation, care of higher education institutions of the reputation responsibility.
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Simmons, Beth A. "International Law and State Behavior: Commitment and Compliance in International Monetary Affairs." American Political Science Review 94, no. 4 (December 2000): 819–35. http://dx.doi.org/10.2307/2586210.
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Why do sovereign governments make international legal commitments, and what effect does international law have on state behavior? Very little empirical research tries to answer these questions in a systematic way. This article examines patterns of commitment to and compliance with international monetary law. I consider the signal governments try to send by committing themselves through international legal commitments, and I argue that reputational concerns explain patterns of compliance. One of the most important findings is that governments commit to and comply with legal obligations if other countries in their region do so. Competitive market forces, rather than overt policy pressure from the International Monetary Fund, are the most likely “enforcement” mechanism. Legal commitment has an extremely positive effect on governments that have recently removed restrictive policies, which indicates a desire to reestablish a reputation for compliance.
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Perkins, Richard, and Eric Neumayer. "Implementing Multilateral Environmental Agreements: An Analysis of EU Directives." Global Environmental Politics 7, no. 3 (August 2007): 13–41. http://dx.doi.org/10.1162/glep.2007.7.3.13.
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While a number of different theoretical models have been advanced to explain why states implement—or, indeed, do not implement—multilateral environmental agreements (MEAs), very little empirical work has been undertaken to validate their predictions. With a view to narrowing this gap, the present article adopts a large-N, econometric approach to test the explanatory power of four distinct models of compliance—domestic adjustment, reputational, constructivist and managerial—in the context of European Union (EU) environmental policy. Using data on the number of ofıcial infringements received by 15 member states for non-implementation of environmental directives over the period 1979–2000, we ınd that all four models make a statistically signiıcant contribution to explaining spatio-temporal differences in legal implementation. Thus, our results suggest that the implementation of MEAs is shaped by a combination of rational calculations of domestic compliance costs and reputational damage, domestically institutionalized normative obligations, and legal and political constraints. We conclude by suggesting a greater need for multi-causal theoretical models of supranational legal compliance.
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Petersohn, Ulrich. "The anti-mercenary norm and the market for combat force." International Journal: Canada's Journal of Global Policy Analysis 76, no. 1 (March 2021): 106–28. http://dx.doi.org/10.1177/0020702021994519.
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Since 2013, combat services have been increasingly exchanged on the market. This development is puzzling since the practice emerged despite an anti-mercenary norm banning such services, and without any revision of the norm. The article argues that the combat market is not a deliberate design, but the result of strategic interaction. For some, compliance with the anti-mercenary norm is the best strategy, while for others, violating the norm is best. However, once the norm violation occurs, it is in the interest of all actors to maintain a façade of compliance. Non-compliant actors benefit from the combat services, and compliant actors do not have to engage in costly sanctioning of the norm violation, and avoid the reputational costs associated with non-enforcement. The article employs game theory to investigate the strategic interactions of actors across eleven combat contracts from 2013 to 2019.
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Тетяна Кобєлєва. "THE ESSENCE AND DEFINITION OF COMPLIANCE RISK." Bulletin of the National Technical University "Kharkiv Polytechnic Institute" (economic sciences), no. 1 (December 28, 2021): 116–21. http://dx.doi.org/10.20998/2519-4461.2020.1.116.
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In the practice of an industrial enterprise, the concept of compliance is closely linked to the management / control system in the organization, as well as to the risks of non-compliance, non-compliance with the laws, regulations, rules and standards of supervisory authorities, industry associations and organizations, codes of conduct, etc.The purpose of the article is to investigate the theoretical and methodological basis of compliance risk and the possibilities of using this category in the organizational and economic activities of an industrial enterprise in order to ensure its stable and efficient operation.The concept of compliance risk with respect to industrial sphere is not enshrined in the Ukrainian legislation, but it is successfully used in banking and can be successfully adapted to the characteristics of an industrial enterprise. For industrial enterprises, it is proposed to define compliance risk as the risk of the application of legal or regulatory penalties, material financial loss, loss of market share or loss of reputation by an enterprise as a result of non-compliance with laws, regulations, rules, standards of self-regulatory organizations or external and internal codes or regulations. concerning production and business activity. The compliance function draws attention to many different aspects of compliance risks: from financial risks to reputational risks, from corruption to the code of conduct of employees, and this comprehensive approach allows for the most effective monitoring of the enterprise activity and to make informed and thoughtful decisions, create situations where the risk of compliance risk is minimal. In the article it is proved that if an enterprise plans to enter the international market, work with the compliance function is a prerequisite for development and further cooperation, since many foreign partners work exclusively with organizations that comply with international standards, including in the work with compliance risk control.
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Rothenberg, Naomi R. "Auditor Reputation Concerns, Legal Liability, and Standards." Accounting Review 95, no. 3 (August 1, 2019): 371–91. http://dx.doi.org/10.2308/accr-52523.
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ABSTRACT This paper studies how legal liability due to negligence can weaken or strengthen an auditor's reputation concerns in the client market to provide high audit effort. A negligence liability rule relies on auditing standards to provide a threshold for the level of due care. When the negligence standard is lax, legal liability can weaken the auditor's reputation incentives, with lower audit effort than without legal liability. If the damage payment is low, noncompliance is less costly, because with compliance, reputational concerns cause the auditor to provide higher costly audit effort than the standard. In this case, investors also prefer noncompliance, and earnings quality is lower than if there were no legal liability damages. When the standard is stringent, noncompliance is less costly for the auditor, and legal liability strengthens reputation incentives. Investors may also prefer noncompliance, and earnings quality is higher than if there were no legal liability damages. JEL Classifications: M41; M42; D82; M48.
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Tait, Patrick, and Martin Loosemore. "The Corporate Governance of Australian Listed Construction Companies." Construction Economics and Building 9, no. 2 (November 23, 2012): 7–16. http://dx.doi.org/10.5130/ajceb.v9i2.3017.
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This paper compares the compliance level of Australian StockExchange (ASX) listed construction and non-constructioncompanies with the ASX Corporate Governance Council (CGC)recommendations on sound corporate governance. It alsoexamines the difference in board characteristics between thetwo groups, paying particular attention to differences in boardindependence. It concludes that compared with the top 20 ASXlisted non-construction companies, listed construction companiesare less compliant overall particularly with regards to boardstructure, and have lower levels of independence both in terms ofCEO/Chairperson duality, the ratio of executive to non-executiveindependent directors and independent membership of nomination,remuneration and audit committees. These conclusions areimportant because sound corporate governance has beenassociated with higher levels of organisational resilience derivedfrom the reputational and fi nancial benefi ts of greater transparency,market value, investor attractiveness and organisationalperformance.
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Simmons, Beth A. "The Legalization of International Monetary Affairs." International Organization 54, no. 3 (2000): 573–602. http://dx.doi.org/10.1162/002081800551334.
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For the first time in history, international monetary relations were institutionalized after World War II as a set of legal obligations. The Articles of Agreement that formed the International Monetary Fund contain international legal obligations of the rules of good conduct for IMF members. Members were required to maintain a par value for their currency (until 1977), to use a single unified exchange-rate system, and to keep their current account free from restrictions. In this article I explore why governments committed themselves to these rules and the conditions under which they complied with their commitments. The evidence suggests that governments tended to make and keep commitments if other countries in their region did so as well. Governments also complied with their international legal commitments if the regime placed a high value on the rule of law domestically. One inference is that reputational concerns have a lot to do with international legal commitments and compliance. Countries that have invested in a strong reputation for protecting property rights are more reluctant to see it jeopardized by international law violations. Violation is more likely, however, in the face of widespread noncompliance, suggesting that compliance behavior should be understood in its regional context.
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Wortman Jofre, Santiago. "Corporate Criminal Liability and Compliance Management Systems." Brill Research Perspectives in Transnational Crime 2, no. 3 (May 22, 2019): 1–63. http://dx.doi.org/10.1163/24680931-12340008.
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AbstractThe present work analyses the case of Spain in relation to Compliance Management Systems and Corporate Criminal Liability. It studies the way criminal justice understands and uses Compliance Management Systems to target corporate criminality. Moreover, it aims to deconstruct the way Compliance Management Systems are implemented in different corporations. To that end, I conducted a series of semi-structured interviews with Compliance Officers and performed content analysis on judicial documents. While not being able to generalise or give definite conclusions, the results showed a misconnection between the aim of criminal law provisions and the profit-driven objectives of corporations. Furthermore, results unveiled the powerful motivation of requirements. Companies sought to implement Compliance Management Systems to access new markets, better supplies and insurance fee discounts. Rather than the threat of punishment the analysis indicated a stronger effect through the positive stimuli of requiring a Compliance Management System for a benefit. The study also showed a fear for the reputational consequences of being subjected to a criminal procedure, thus indicating a better predisposition to solve offences through alternative conflict resolution methods. The lack of a clear message from the criminal justice reduced the deterrent effect of punishment. This lack of clear standards may have fostered social disorganisation within the environment of corporations, thus constituting fertile ground for corporate crimes.
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Norlita, Wa Ode, and Ayomi Dita Rarasati. "Risk Analysis of Microfinance Conversion Based on ISO 31000 PT. Bank BRI Syariah. Tbk Aceh." RSF Conference Series: Business, Management and Social Sciences 1, no. 5 (November 26, 2021): 125–34. http://dx.doi.org/10.31098/bmss.v1i5.458.
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Aceh government issued Aceh Qanun No. 11 of 2018 about Sharia Financial Institutions, which demands that all financial contracts in Aceh adhere to Sharia principles. This regulation has an impact on the Aceh region's financial business. PT Bank BRI Tbk Aceh has decided to conversion entire financing and funding portfolio to one of its sharia-compliant subsidiaries, PT Bank BRIsyariah Tbk. microfinance portfolio is bigger than other segments. By constructing a risk analysis based on ISO 31000, this study assesses the business risk associated with converting PT Bank BRIsyariah Tbk's microfinance segment in the Aceh region. The results indicate that twenty risks have been identified and evaluated. Risk can be classified into five broad categories: operational, reputational, strategic, credit, and compliance. The risk analysis results indicate that the risk is significant and requires immediate attention. Operational risk is associated with differences in data capacity, servers, the core banking system, and financing applications, whereas strategic risk is associated with differences in financial analysis, guarantee provisions, and regulations.
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Sabri, Hala Abdulqader. "The Impeding Drivers of Risks at Private Higher Education Institutions in Jordan: An Analytical Approach." Journal of Education and Vocational Research 2, no. 4 (October 15, 2011): 120–31. http://dx.doi.org/10.22610/jevr.v2i4.32.
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This study provides an in depth assessment of the main drivers of risk impeding private higher education institutions in Jordan. The study adopts an analytical approach that incorporates reviewing available literature and conducting interviews and discussions with some shareholders and board of trustees' members in addition to faculty members and students of private universities. The analysis revealed that although private universities in Jordan are making progress and provide important contributions to the economy, however, they face important strategic and operational risks in addition to other compliance, financial and reputational risks. These risks include educational delivery systems, quality of academic programs, executive management, competition, and utilization of new technologies, compliance with accrediting agencies, financial issues, societal perception, students' violence, and demographic challenges. The study concludes that private universities need to place risk management plans to effectively deal with the all risk indicators analyzed in the study. Recommendations on how to implement a risk management plan are also presented and highlighted.
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Okoloise, Chairman. "“Humanizing” investments in the extractive industries in Africa through the IFC’s sustainability policies." Journal of Sustainable Development Law and Policy (The) 11, no. 1 (November 10, 2020): 106–37. http://dx.doi.org/10.4314/jsdlp.v11i1.6.
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International financial institutions face enormous challenges in Emerging Markets and Developing Economies (EMDEs). They finance infrastructure projects, manage vast investment portfolios, offer advisory services, and contribute to economic development in EMDEs. In the process, they areexposed to huge risks and face reputational damage if they act recklessly or have little or no regard for their projects’ adverse impacts on thirdparties. In the context of natural resource exploitation in Africa, the weak governance of environmental and social risks often results in devastating consequences for communities proximate to investment projects. Promises of infrastructure and social services, job opportunities and economic boom have only often delivered land grabs, forced displacement, cultural infringements, environmental pollution, conflicts, health disasters, misery and sometimes deaths. As calls for greater corporate scrutiny increase, investment project facilitators in the extractive industries like the International Finance Corporation (IFC) must respond appropriately. To preserve its reputation and long-term market access, the IFC needs to apply a higher degree of due diligence and sustainable business conduct that proactively treat risks and limit its exposure. With the rising number of complaints against IFC policy compliance, including projects tainted by scandals and the debarment of companies from accessing international finance, this article demonstrates that merely promoting sustainable investment policies on paper is inadequate. Using a human rights-centred approach to development project financing, the article critically assesses the extent to which the implementation of the IFC’s sustainability framework can practicably protect resource-rich communities, safeguard human rights and ensure sustainable development outcomes in Africa.
Keywords: Extractive Industries, Human rights, Project Financing, IFC, Compliance, Sustainable Development.
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Hamdani, Syed Wasif Abbas, Haider Abbas, Abdul Rehman Janjua, Waleed Bin Shahid, Muhammad Faisal Amjad, Jahanzaib Malik, Malik Hamza Murtaza, Mohammed Atiquzzaman, and Abdul Waheed Khan. "Cybersecurity Standards in the Context of Operating System." ACM Computing Surveys 54, no. 3 (June 2021): 1–36. http://dx.doi.org/10.1145/3442480.
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Cyber threats have been growing tremendously in recent years. There are significant advancements in the threat space that have led towards an essential need for the strengthening of digital infrastructure security. Better security can be achieved by fine-tuning system parameters to the best and optimized security levels. For the protection of infrastructure and information systems, several guidelines have been provided by well-known organizations in the form of cybersecurity standards. Since security vulnerabilities incur a very high degree of financial, reputational, informational, and organizational security compromise, it is imperative that a baseline for standard compliance be established. The selection of security standards and extracting requirements from those standards in an organizational context is a tedious task. This article presents a detailed literature review, a comprehensive analysis of various cybersecurity standards, and statistics of cyber-attacks related to operating systems (OS). In addition to that, an explicit comparison between the frameworks, tools, and software available for OS compliance testing is provided. An in-depth analysis of the most common software solutions ensuring compliance with certain cybersecurity standards is also presented. Finally, based on the cybersecurity standards under consideration, a comprehensive set of minimum requirements is proposed for OS hardening and a few open research challenges are discussed.
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Qaiser Abbas, Sheila Ainon Yussof, and Muhammad Naeem Anjum. "A Quantitative Study of the Role Shariah Boards and Bank Ownership Structures Play in Enhancing the Financial Performance of Islamic Banks: A Case of Pakistan." ICR Journal 11, no. 2 (December 30, 2020): 204–24. http://dx.doi.org/10.52282/icr.v11i2.784.
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Shariah governance is a central feature and the second layer of corporate governance for Islamic banks (IBs) and Islamic financial institutions (IFIs). Shariah governance is unique to IBs and IFIs due to their possession of Shariah Supervisory Boards (SSB). SSBs serve to ensure that the management of Islamic banking institutions complies with shariah principles. Shariah governance is not only designed to raise the confidence of investors and the public in terms of authenticity and compliance to Islamic banking practices, but also to minimise the fiduciary and reputational risks of Islamic banking institutions. Due to the importance of shariah governance and the role of SSBs in IBs, this research investigates the role of SSBs in influencing the financial performance of IBs with the moderation role of ownership structure in Pakistan. By using nine years of data (2009-2017) pertaining to three Islamic banks in Pakistan, we found that shariah supervisory board reputations, expertise, cross membership, change in composition, shariah qualification, and ownership have significant moderation relationships with the financial performance of IBs. This study is an attempt to provide a deeper understanding of the role of owners and Shariah Supervisory Boards in enhancing the financial performance of Islamic banks for both researchers and policymakers.
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Aleshnikova, V. I., and A. N. Mishchenko. "Compliance in corporate culture: codes of ethics and conduct of consultants." E-Management 4, no. 2 (July 31, 2021): 4–10. http://dx.doi.org/10.26425/2658-3445-2021-4-2-4-10.
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For a long time, the point of view on compliance as a set of initiatives aimed at preventing illegal actions dominated. Currently, an extended interpretation of compliance is becoming widespread, which should also cover the ethical aspects of doing business.During the analysis, it was found that ethical standards in consulting were formed simultaneously with the formation of the consultant profession. This allows us to draw a conclusion about the successful century-old practice of implementing ethical codes into the corporate culture of consulting firms. This article is a continuation of the authors’ research in the field of management consulting.The purpose of the study is to analyse the Russian and foreign experience of implementing ethical standards and compliance control in the field of management consulting. The methodological basis of the research is the methods of logical, comparative, expert analysis, marketing research. The informational basis of the research is regulatory legal acts, official websites and documents of consulting companies and professional associations of consultants, expert assessments and ratings of consulting firms.The article reveals an interconnected three-level system of international, national and intra-company standards of business ethics and professional practice; gives examples of reputational risks of well-known international consulting companies; justifies the role of consulting firms in the formation of the ethical structure of business. The practical significance of the study is to focus the attention of client companies on the need to familiarize themselves with the standards of ethics and business practices before concluding a contract with a consulting firm.
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Ryabtseva, Ekaterina V. "The Role of Judicial Councils as Authorities of the Judicial Community in Individual Regulation of Judicial Activities." Russian judge 2 (February 4, 2021): 36–40. http://dx.doi.org/10.18572/1812-3791-2021-2-36-40.
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The activity of councils of judges in Russia is of a systemic nature, including various forms of individual influence on legal relations: opinions, resolutions, consulting on the prevention of corruption, compliance with ethical standards, prevention of conflicts of legal interests, and other reputational risks. The paper considers one of the activities of the councils of judges in the form of preparation of conclusions, which play a significant role in the formation of a uniform law enforcement practice in the process of individual regulation of judicial activity. The conclusions are of an explanatory nature and are taken into account by the qualification collegiums of judges when making decisions regarding judges and candidates for the position of judges. The essence of the conclusions of the councils of judges is substantiated as a kind of individual regulation of legal relations. The analysis of individual conclusions of the councils of judges made it possible to classify various methods of individual regulation in the process of law enforcement. It is concluded that the councils of judges are the subject of law enforcement, which, through individual regulation, provide certainty in the assessment of reputational risks, their prevention and suppression in the behavior of a judge through the interpretation of the principles and norms of law; overcoming conflicts in law; the use of optional, alternative, relatively specific, dispositive, etc. principles and norms of law; overcoming gaps in law; individualization of law in the form of opinions, decisions, consultation.
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Talbot, Jonathan, David Perrin, and Denise Meakin. "Risk management and cultural virtue in HE co-delivery arrangements." Quality Assurance in Education 22, no. 2 (April 1, 2014): 109–24. http://dx.doi.org/10.1108/qae-12-2012-0047.
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Purpose – The purpose of the paper is to contribute to the debate on the maintenance and enhancement of quality in the emerging landscape of higher education practice and delivery where new kinds of institutional relationships are emerging. Much of the literature describes situations where the risk to quality assurance is relatively low. The example discussed here details how principles of risk management can be used to assure quality where the risk of reputational damage is far greater. Design/methodology/approach – The paper uses a single case study approach. Findings – New and flexible forms of delivery in higher education present opportunities but also the potential for reputational damage so innovative delivery must be matched by a corresponding commitment to quality. This must be embedded at all levels, including tutors. Much of the literature from the perspective of tutors emphasises their experience of quality as a matter of bureaucratic compliance. The case study illustrates that in circumstances where there is a risk of compromise academic tutors can actively engage with a quality enhancement process. Research limitations/implications – Although a case study of specialised practice there is evidence that increasing numbers of universities are seeking to engage in similar methods. The literature on the implications of these initiatives is comprised of case studies so there is a need for more systematic research which examines practices more broadly. The case study also suggests that the search for quality cultures in HE may fruitfully investigate circumstances where quality has to be fought for rather than assumed. Practical implications – The paper demonstrates that universities can deliver in flexible and innovative ways which do not compromise their reputation provided they risk assess the implications of each arrangement and develop appropriate procedures and practices at all levels of operation. Originality/value – The case study is not the first of its kind to be published but it is the first to be published in the context of the quality assurance literature rather than the more specialist work based learning literature. It links developments within that specialist field to more mainstream discourses in the quality assurance literature. It also draws attention of a wider audience to some of the more innovative developments in British HE practice.
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Lettieri, Nicola, Alfonso Guarino, Delfina Malandrino, and Rocco Zaccagnino. "Platform Economy and Techno-Regulation—Experimenting with Reputation and Nudge." Future Internet 11, no. 7 (July 23, 2019): 163. http://dx.doi.org/10.3390/fi11070163.
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In the cloud-based society, where the vast majority of social, economic and personal interactions is mediated by information communication technology (ICT), technology is no longer simply a subject of regulation but is becoming an integral part of the regulatory process. Techno-regulation, the “intentional influencing of individuals’ behavior by building norms into technological devices,” is inspiring new ways to support legal safeguards through hardware and software tools, technical solutions allowing the creation of legal relations, hampering breaches of law and even promoting norm compliance. This paper touches on these issues by focusing on Digital Labor Platforms, one of the most relevant phenomena in the gig economy. We present a research project exploring innovative techno-regulatory solutions to protect gig economy workers. The idea is to integrate, in the same strategy, legal principles, regulatory objectives and software solutions. Our attention focuses on two results of our activity—a techno-regulatory model relying on reputational mechanisms to affect the behavior of digital labor market operators and GigAdvisor, a cross-platform experimental application implementing the model.
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Brooks, Michael, and J. J. McArthur. "Drivers of Investment in Commercial Real Estate Sustainability: 2006–2018." Journal of Sustainable Real Estate 11, no. 1 (January 2019): 130–55. http://dx.doi.org/10.22300/1949-8276.11.1.130.
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We investigate the factors (“drivers”) that motivated investment in energy efficiency in commercial real estate office buildings over the 2006–2011 and 2012–2017 period, and looking forward from 2018 in the context of growing concern over carbon emissions around the world. These insights were collected from large Canadian asset managers through interviews conducted in 2017 and 2018. Key findings were that (1) organizations noted an increasing number of factors driving investment decisions over the three periods; (2) cost drivers (payback period and anticipated financial returns) were the top two drivers in 2006–2017; (3) public relations factors became significantly more important looking forward, with brand (reputational impact) as the top-ranked driver and tenant attraction tied for third place; and (4) mitigation against risks such as resilience and anticipated compliance consistently increased in importance. This study contributes to a comprehensive understanding of past, present, and near-future sustainable real estate investment priorities, changing owner behaviors, and the perceived business case for building energy efficiency investments.
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Hadwiger, Felix. "Looking to the future." Transfer: European Review of Labour and Research 23, no. 4 (April 18, 2017): 409–24. http://dx.doi.org/10.1177/1024258916679574.
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About 10 per cent of all global framework agreements include a reference to mediation or arbitration procedures. Therefore in 2016 the 105th International Labour Conference commissioned the ILO to assist global union federations and multinational companies in mediation and dispute settlement where appropriate. However, in the existing literature alternative dispute resolution constitutes uncharted territory when discussing mechanisms to strengthen compliance with global framework agreements. This article starts to fill this void, presenting six reasons for the growing necessity to start developing a procedural framework for alternative dispute resolution in global framework agreements. Most importantly, increasingly technical agreements can no longer be enforced through reputational sanctions, while their increasing ‘juridification’ aggravates the risk of external legal disputes. However, most multinational companies and global union federations do not have procedures for alternative dispute resolution and without a comprehensive procedural framework references to mediation or arbitration are unlikely to lead to the resolution of any dispute.
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Ginena, Karim. "Sharī‘ah risk and corporate governance of Islamic banks." Corporate Governance 14, no. 1 (January 28, 2014): 86–103. http://dx.doi.org/10.1108/cg-03-2013-0038.
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Purpose – The purpose of this paper is to help directors, senior management, and stakeholders of Islamic banks understand sharī‘ah risk, a crucial consideration in the corporate governance of Islamic banks, and its impact on these banks. Design/methodology/approach – This conceptual paper links dispersed insights drawn from the emerging body of sharī‘ah governance literature, and the guidance issued by the Basel Committee on Banking Supervision (BCBS), the Islamic Financial Services Board (IFSB), and the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) with new insights to clarify the sharī‘ah risk that Islamic banks face. Findings – Sharī‘ah risk, an operational risk, poses a credible hazard to Islamic banks and their stakeholders. Possible consequences of sharī‘ah non-compliance include higher costs, financial losses, liquidity problems, bank runs, bank failure, industry smearing and financial instability. This study defines shariah risk, identifies credit, legal, compliance, market, and reputational risk that it may evoke, and categorizes its causes and events. Research limitations/implications – Future research could empirically test the ideas posited. In this paper claims were substantiated by logic and examples. Practical implications – The study devises an instrument for assessing sharī‘ah risk, and suggests measures for directors, senior management, and regulators to mitigate this risk. Originality/value – This is the first study to focus on the implications of sharī‘ah risk, delineate examples of events and incorporate them within the BCBS operational risk causes, and develop a tool for measuring sharī‘ah risk.
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Toropova, Irina Semenovna. "MODERN ASPECT OF INTERNAL CONTROL AND AUDIT IN RUSSIAN FEDERATION." Scientific Bulletin: finance, banking, investment., no. 3 (52) (2021): 31–41. http://dx.doi.org/10.37279/2312-5330-2020-3-31-41.
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The conduct of financial and economic activities of organizations, both budgetary and commercial, is associated with possible risks of non-compliance with the current legislation, making unreasonable management decisions by the top and middle management, which leads to reputational and financial losses. In order to forestall financial and reputational losses, organizations form an internal control system. In the Russian Federation, the formation of normative and legislative regulation of the organization and conduct of internal financial control and audit is taking place, both in relation to commercial organizations and organizations of the budgetary sphere. The article examines the order of organization, types, tasks of internal control and audit in various organizations. The organization of internal control and audit is considered in the article through the prism of legal regulation of this area in the Russian Federation and international regulations. The internal audit system, as an obligatory element of the management system, has been introduced in the banking sector and for public sector organizations. For commercial organizations, this issue is left to the management of the organization and the creation of an internal audit service is optional. The regulatory and legislative framework of the organization and methods of conducting internal control for organizations have been studied. The approaches to the organization and conduct of internal control have been investigated from the point of view of orientation towards possible risks. Based on the results of the study, the article concludes that the presence of an effectively functioning internal control system, which is based on an assessment of possible risks, contributes to an increase in the efficiency of the organization, the prevention of cases of fraud by the organization’s personnel, and an increase in the reliability of accounting, tax and other types of reporting
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Lauterbach, Claire Helen. "No-go zones: Ethical geographies of the surveillance industry." Surveillance & Society 15, no. 3/4 (August 9, 2017): 557–66. http://dx.doi.org/10.24908/ss.v15i3/4.6616.
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In an industry as opaque as the surveillance technology industry, any effort to put in place safeguards to prevent human rights abuses using these technologies should be recognised and encouraged. But what happens when those systems fail?
For surveillance technology companies, deciding where not to sell in a world full of eager government clients has important ethical and financial implications. The surveillance industry favours a country-agnostic framework that hews to sanctions and export laws. Advocacy and media groups argue to extend the no-sell zone beyond sanctioned governments to ‘authoritarian’ ones.
Yet legal compliance is not the only factor influencing surveillance companies’ choices, this article argues. Based on original investigation, this article examines the social responsibility policies of communications surveillance technology vendors and the legal, reputational and normative concerns these demonstrate.
The article explores the use of country rankings related to ‘authoritarianism’ and ‘good governance’ by examining the inner workings of a specific company in crisis, Procera Networks. As the cases featured demonstrate, closer attention to be paid processes of corporate responsibility norm-making within companies.
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Mangoting, Yenni, Oviliani Yenty Yuliana, Jesslyn Effendy, Lovena Hariono, and Viennie Melinda Lians. "The Effect of Tax Risk on Tax Avoidance." Jurnal Keuangan dan Perbankan 25, no. 3 (August 2, 2021): 570–84. http://dx.doi.org/10.26905/jkdp.v25i3.5629.
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This research intends to investigate whether tax risk is associated with tax avoidance, which is proxied by Cash Effective Tax Rate (CETR). Tax risk is measured by six tax risk components: transactional risk, compliance risk, operational risk, financial accounting risk, managerial risk, and reputational risk. The samples in this research are manufacturing companies listed on the Indonesian Stock Exchange (IDX). With a purposive sampling method, there are 168 firm years which we analyzed with OLS regression. The result in this study showed that tax risk is positively associated with CETR. It implied that choices of tax strategies and activities are involved in high tax risk, but firms still choose to comply with tax regulations, which can be seen in high CETR values. This research found that firms need tax risk management to ensure that tax strategies do not impact the firms’ future losses from additional tax payments and fines. Other than that, this research gives a new option for future researchers to measure tax risk using scoring methods and indicators that are engaged in each of the tax risk components.DOI: 10.26905/jkdp.v25i3.5629
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Al-Hares, Osama M., Naser M. AbuGhazaleh, and Ahmed Mohamed El-Galfy. "Financial Performance And Compliance With Basel III Capital Standards: Conventional vs. Islamic Banks." Journal of Applied Business Research (JABR) 29, no. 4 (June 28, 2013): 1031. http://dx.doi.org/10.19030/jabr.v29i4.7914.
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This study is a commentary on the financialperformance and quality capital of Islamic versus conventional banks currentlyoperating in the Gulf Cooperation Council (GCC) region. In addition toassessing the financial performance of the full set of banks across various GCCcountries, the study is the first toconsider the extent to which Islamic vs.conventional GCC banks comply with the new Basel III requirements of raising betterquality capital. The study uses bank-level data for 75 (55 conventionaland 20 Islamic) banks in Kuwait, United Arab Emirates, Kingdom of Saudi Arabia,Oman, Qatar, and Bahrain. Financial ratios are used tomeasure and compare Islamic vs. conventional banks performances, and weemploy a comprehensive and the most recent sample of data available in the region, consisting of cross-sections from 2003 to 2011.The results reveal that Islamic banks are, onaverage, less efficient but more profitable, more liquid, more solvent (lessrisky), and enjoyed higher internal growth rates than conventional banks during2003-2011. The results indicate that there are statistically significant differencesbetween the two types of banks, as far as profitability, solvency, and internalgrowth rate ratios are concerned; however, there are no statisticallysignificant differences in liquidity and efficiency. The results also indicatethat banks, as a whole, appear to be largely sufficiently capitalized for BaselIII. Gulf Cooperation Council banks are well positioned to absorb higherprovisions and impairment charges given the higher capital adequacy ratiosreported by most. The Common Equity Ratio, Tier 1 Capital Ratio, and Capital AdequacyRatios (CARs), for the majority of banks in 2011, comfortably satisfy theenhanced capital requirements of Basel III. The results show that Islamic bankshave, on average, noticeably higher (and significantly different) capitalratios compared to conventional institutions. With regard to theimpact of the global financial crisis on both types of the banks, the resultsindicate that Islamic banks performed better thanconventional banks during the period 2006-2009, as the former enjoys highercapitalization, higher liquidity reserves, and also maintained stronger growthcompared to conventional banks in almost countries.Findings of this study may be useful for capital-market participants, as the full set of banks across various Gulf Cooperation Councilcountries needs to be examined before any substantive conclusions can bereached about the relative performance of Islamic versus conventional banks.Further, as the full implementation of Basel III requirements will not takeplace until 2019, the results of this study will convey information that shouldencourage banks to consider the earlier implementation of Basel III capitalrequirements in order to provide themselves with a reputational boost, as wellas a competitive advantage.
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Moosa, Fareed. "Protecting taxpayer information from the public protector – A ‘just cause’?" Journal of Corporate and Commercial Law & Practice, The 6, no. 2 (2020): 190–211. http://dx.doi.org/10.47348/jccl/v6/i2a7.
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Under the Tax Administration Act, 2011 (TAA), taxpayers enjoy a right to privacy of information disclosed to the South African Revenue Service (SARS). This note shows that tax officials are obliged to protect the secrecy thereof. It is argued that the Commissioner for the SARS correctly resisted compliance with a subpoena issued by the Public Protector for access to the records of former President Jacob Zuma. If it acquiesced without objection, shock waves would have reverberated through South Africa’s tax community. It is contended that the Commissioner’s decision to maintain taxpayer secrecy under pain of a potential criminal sanction contributed to restoring some of the lost confidence and respect for the SARS which has, in recent times, endured reputational damage owing to internal squabbles which morphed into public scandals. This note hypothesises that CSARS v Public Protector is good authority for the proposition that governmental departments and state institutions not expressly mentioned in s 70 of the TAA do not have statutory rights of access to taxpayer information and must, to gain access, follow due process. This note argues that the judgment in casu is not only a victory for taxpayer rights but also for the rule of law.
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Yasoa, M. R., S. F. Muhamad, T. Abdullah, M. N. H. Yusoff, N. M. Said, S. A. Zainuddin, and N. A. M. Nasir. "External Shariah Audit Services from Practitioners’ Views: The Case of Malaysian Islamic Banks." GATR Journal of Finance and Banking Review VOL. 6 (3) SEPTEMBER- DECEMBER 2021 6, no. 3 (December 30, 2021): 144–53. http://dx.doi.org/10.35609/jfbr.2021.6.3(4).
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Objective – This paper investigates the possibility and feasibility of Malaysia's Islamic banking industry hiring external Shariah audit (ESA) services in the audit fraternity as one of the Shariah governance mechanisms. Some of the scholars argued that ESA is more independent and is able to strengthen the existing Shariah compliance in the industry. Methodology – This study employs a qualitative method by utilising semi-structured interviews with nine key industry players: Shariah auditors, Heads of Shariah audit, Shariah Committee (SC) Member, and Chief Shariah Officer. Data gathered from the interviews was transcribed and analysed using Atlas.ti software. Findings– A series of interviews reveal that given the current practices by the Islamic banking industry, it could be inferred that the Malaysian Islamic banking industry is not ready to exercise the ESA practices. This unreadiness is due to several factors, such as ESA costs outweighing its benefits, the fear of reputational risk, and anxiety of leaking confidential information to rivals. Novelty – The Shariah audit research especially relates to external Shariah audit is considered limited. Type of Paper: Empirical JEL Classification: E44, G10, G20. Keywords: External Shariah audit; Islamic Banks; qualitative method; Shariah governance; Malaysia
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Аида Абдуллазяновна, Фатыхова, Сайфуллина Миляуша Анваровна, and Уразбахтина Лилия Равилевна. "FEATURES OF CHECKING THE ORGANIZATION OF CASH WORK IN ORDER TO MINIMIZE BANK RISKS INHERENT IN CASH TRANSACTIONS." STATE AND MUNICIPAL MANAGEMENT SCHOLAR NOTES 4, no. 4 (December 2021): 141–46. http://dx.doi.org/10.22394/2079-1690-2021-1-4-141-146.
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The article presents the organization of internal control by the Bank of Russia within the framework of cash operations. The authors emphasize the structuring of the main risks inherent in cash transactions, therefore they are presented in this direction of banking. The article says that the main risksof cash work are: operational, reputational, legal, technological, strategic, credit risks, liquidity risk and others, and, moreover, are identified at any stage of working with cash. All these risks affect not only the activities of an individual credit institution, but also the banking system as a whole. Therefore, the authors propose to carry out risk-oriented control, as well as the main approaches and methods of checking cash transactions. The authors point out that internal control involves testing for compliance with internal documents with the necessary requirements of the Central Bank of the Russian Federation (laws, instructions, regulations, orders, contracts, including for specific measures (for example, the acquisition of the necessary equipment for cash registers, for the transportation of cash, insurance, automated software). It is necessary to check the correctness of the regulatory internal documents, employment contracts, the distribution of powers of employees, within the framework of cash work, and more.
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Аида Абдуллазяновна, Фатыхова, Сайфуллина Миляуша Анваровна, and Уразбахтина Лилия Равилевна. "FEATURES OF CHECKING THE ORGANIZATION OF CASH WORK IN ORDER TO MINIMIZE BANK RISKS INHERENT IN CASH TRANSACTIONS." STATE AND MUNICIPAL MANAGEMENT SCHOLAR NOTES 4, no. 4 (December 2021): 141–46. http://dx.doi.org/10.22394/2079-1690-2021-1-4-141-146.
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The article presents the organization of internal control by the Bank of Russia within the framework of cash operations. The authors emphasize the structuring of the main risks inherent in cash transactions, therefore they are presented in this direction of banking. The article says that the main risksof cash work are: operational, reputational, legal, technological, strategic, credit risks, liquidity risk and others, and, moreover, are identified at any stage of working with cash. All these risks affect not only the activities of an individual credit institution, but also the banking system as a whole. Therefore, the authors propose to carry out risk-oriented control, as well as the main approaches and methods of checking cash transactions. The authors point out that internal control involves testing for compliance with internal documents with the necessary requirements of the Central Bank of the Russian Federation (laws, instructions, regulations, orders, contracts, including for specific measures (for example, the acquisition of the necessary equipment for cash registers, for the transportation of cash, insurance, automated software). It is necessary to check the correctness of the regulatory internal documents, employment contracts, the distribution of powers of employees, within the framework of cash work, and more.
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Кошлякова and Mariya Koshlyakova. "Image Management in Social-Communicative Space." Administration 3, no. 4 (December 10, 2015): 68–74. http://dx.doi.org/10.12737/16699.
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Among the intangible attributes of any social-communicative activities the most important place belongs to the image. Recently it is emerging more and more organizations and persons whose ratings, business reputation, commercial success, and social influence possibilities often depend not so much on their activities’ real characteristics, but on their image, functioning in the social-communicative space. These trends have shaped the social order for the scientific and practical developments related to the image management in the system of social relations. The image management is an information management as a reflection of events at an angle with impression improving. The abundance of the information environment in which a modern man lives has increased significantly, therefore the communicative interaction today is becoming more and more refined and concentrated, when each information message is endowed with a special meaning that has a high potential impact on the target audience. In this regard the image control includes the work with the image audience and the image object. Different audiences have their own information processing, and because of this different approaches are needed in each case. To create an image adequate to target group perception are used such tools as visualization of the image, mythologization, symbolization, archetype and context formation. The subject’s image is formed as if on two main directions. On the one hand it is a compliance with the mass communication channel’s requirements. The second direction in the image formation is reputational characteristics that the audience considers important: trust, authority, and professionalism. In this regard we have subdivided the image management process as following stages: its creation objective formulation, selection of criteria for image evaluation, as well as qualities for image formation, expressive means for these qualities translation and the image adjustment.
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Gavrys, P. O., M. O. Gavrys, and O. M. Gavrys. "Features of Risk Management and Organization of Internal Audit at Industrial Enterprises." Business Inform 9, no. 512 (2020): 128–35. http://dx.doi.org/10.32983/2222-4459-2020-9-128-135.
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This article is aimed at studying the problem of risk management at industrial corporations. It examines the nature of risk and its impact on the way the modern corporations operate. The main types of risks are analyzed on the example of their classification, developed and applied by the leading German insurance company Allianz. It among them are 10 main types of risks, including risks associated with IT systems in enterprises (in particular, cyber-crimes, failures of IT systems, leakage and loss of data), production and supply chain risks, risks of changes in legislation and regulatory policy (in particular, duties, trade wars, sanctions, protectionism), force majeure and natural disasters, changes in markets (increased competition, new competitors, fluctuations, stagnation and fall of markets), fires and explosions, climate changes, reputational risks, risks of new technologies and macroeconomic factors such as monetary policy, government austerity programs, inflation, changes in resource prices, etc. The examples of occurrence of such risks in real enterprises are given. The role and the importance of risk management at industrial corporations is determined. The model of three "lines of defense" in risk management of industrial enterprises is described, where the "first line" includes operational management and internal control mechanisms, the "second line" – the services of enterprises, responsible for management and control of risks on the ground, in particular, financial control, security service, services of quality control, compliance with standards and others, and the "third line" is internal audit. The practical aspects of its application are defined. The role and function of internal audit in risk management of companies is determined. The differences in scope and goals of internal audit as compared to other corporate compliance and governance functions are highlighted.
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Marique, Enguerrand, and Yseult Marique. "Sanctions on digital platforms: beyond the public-private divide." Cambridge International Law Journal 8, no. 2 (December 2019): 258–81. http://dx.doi.org/10.4337/cilj.2019.02.05.
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Against a background of extensive literature examining how digital platforms are regulated through ‘soft’ mechanisms, this paper analyses the ‘hard law’ techniques, such as sanctions, which are also very much used on digital platforms to police undesirable behaviours. It illustrates the use of these sanctions, suggesting that it is possible to find three different categories of sanctions: sanctions that find their source in hard (international and domestic) law, sanctions that find their source in digital platforms' own normative production, and sanctions used in the course of disputes. Platform operators can have an intense power of norm-setting and sanctions, with a tendency to concentrate power within themselves or with unclear arrangements for dividing it across different entities. This can deeply affect individual freedoms. This paper suggests that the ways in which the power to set, decide and enforce sanctions is exercised in the digital space transform the public–private divide: the allocation of roles between sovereign public bodies and free private actors is reshaped to become ‘hybrid’ when it comes to enforcing rules and monitoring compliance through a wide range of sanctions on digital platforms. This paper frames the legitimacy questions arising from sanctions and suggests that the public–private divide may have to be bridged in order to locate a possible source of legitimacy. A future framework for assessing how platform operators set norms and ensure compliance through sanctions needs to start from individual users to see how best to protect their freedom when checks and balances around platforms' powers and sanctions are developed. These individual users are the ones who suffer from the economic, social and reputational consequences of sanctions in both the digital world and the physical world.
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Parella, Kishanthi. "The Information Regulation of Business Actors." AJIL Unbound 111 (2017): 130–33. http://dx.doi.org/10.1017/aju.2017.31.
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A transnational legal order (TLO) is emerging regarding the role of businesses in respecting human rights. This legal order includes multistakeholder initiatives, international organization recommendations and guidelines, NGO certifications, and other voluntary instruments. Many of the norms within this TLO are nonbinding and therefore lack mandatory compliance; what they may possess is persuasive power, particularly when the norms are developed, endorsed, and managed by reputable organizations. It is that reputational, or legitimacy, advantage that matters for encouraging industry associations to comply with the nonbinding norms associated with these organizations. Industry associations and other business actors will gravitate more towards legitimacy enhancing organizations when their own legitimacy is at stake. They pivot towards public organizations such as the United Nations or private NGO initiatives like the Rainforest Alliance, seeking to associate themselves publicly with these organizations that enjoy more perceived legitimacy. These business relationships with legitimizing bodies can take the form of partnerships, certifications, or other arrangements where an industry association adopts and incorporates nonbinding norms when it otherwise might not. In this essay, I discuss three transnational legal processes that encourage industry associations, their members, and other business actors to abide by nonbinding transnational legal norms concerning business and human rights.
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van Rens, Matheus, Kevin Hugill, Airene L. V. Francia, Abdellatif Hamdy Abdelwahab, and Krisha L. P. Garcia. "Treatment of a Neonatal Peripheral Intravenous Infiltration/Extravasation (PIVIE) Injury With Hyaluronidase: A Case Report." Journal of the Association for Vascular Access 26, no. 4 (October 4, 2021): 32–37. http://dx.doi.org/10.2309/java-d-21-00010.
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Highlights Abstract Introduction: Intravenous therapy-related injury, its prevention, and treatment are ubiquitous topics of interest among neonatal clinicians and practitioners. This is due to the economic costs, reputational censure, and patents’ wellbeing concerns coupled with the possibility of potentially avoidable serious and life-long harm occurring in this vulnerable patient population. Case description: A term infant receiving a hypertonic dextrose infusion for the management of hypoglycemia developed a fulminating extravasation shortly after commencement of the infusion. This complication developed without notification of infusion pump pressure changes pertaining to a change in blood vessel compliance or early warning of infiltration by the optical sensor site monitoring technology (ivWatch®) in use. The injury was extensive and treated with a hyaluronidase/saline mix subcutaneously injected into the extravasation site using established techniques. Over a period of 2 weeks, the initially deep wound healed successfully without further incident, and the infant was discharged home without evident cosmetic scarring or functional effects. Conclusion: This article reports on a case of a term baby who postroutine insertion of a peripherally intravenous catheter showed an extreme reaction to extravasation of the administered intravenous fluids. We discuss the condition, our successful management with hyaluronidase, and the need to remain observationally vigilant of intravenous infusions despite the advances in infusion monitoring technology.
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Berezenko, V., N. Sanakoeva, and T. Ivanets. "ПОЗИЦІОНУВАННЯ КОРПОРАТИВНОЇ СОЦІАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ФАРМАЦЕВТИЧНИХ КОМПАНІЙ ЗАСОБАМИ PR." State and Regions. Series: Social Communications, no. 1(41) (March 10, 2020): 95. http://dx.doi.org/10.32840/cpu2219-8741/2020.1(41).15.
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<div><p><em>The main emphasis is paid to the study of business social responsibility to the society. In particular, the experience of corporate social responsibility of business in the field of pharmacy on the basis of the activities of the companies «Pharmak», «Darnitsa» and «Bayer» is analyzed.</em></p></div><p><em>The essential features of the concept of «social responsibility of business» are investigated and the necessity of implementation of social responsibility in the system of strategic management of pharmaceutical companies as a necessary condition for ensuring their competitiveness is grounded. Importance of the initial formation of a correct and effective strategy for positioning of pharmaceutical companies social responsibility along with tracing its relevance, maintaining the attractiveness of the position for target consumers were accentuated.</em></p><p><em>In a scientific research it was revealed that according to European practice corporate social responsibility extends to seven areas: respect for the human rights; compliance with legal requirements; business and corporate ethics; protection of the environment; cooperation with stakeholders: employees, consumers, shareholders, the community, business entities; observance of international standards of behavior; transparency and accountability.</em></p><p><em>The study found that a basic level of a social responsibility is a necessary component of the activities of economic entities that implement this policy. Struggle for personal reputational capital is the main task of increasing the volume of goodwill for any pharmaceutical company. Pharmaceutical companies are trying to show humanization of their business, their social responsibility to society and involve all PR tools.</em></p><p><strong><em>Key words:</em></strong><em> positioning, corporate social responsibility of business, meansof PR, reputation capital.</em></p>
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Davis, Annemarie. "Managerialism and the risky business of quality assurance in universities." Quality Assurance in Education 25, no. 3 (July 3, 2017): 317–28. http://dx.doi.org/10.1108/qae-06-2016-0027.
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Purpose This paper aims to identify what is needed to enhance academic quality assurance in a university, with specific efforts to reduce the risks associated with ritualised quality assurance practices. Design/methodology/approach The aspects to enhance academic quality assurance efforts in managerial universities are identified through a thematic analysis of the literature. Findings It was found that the very nature of managerialism caused quality assurance effort to lose its meaning and become a ritual for compliance only. Subsequently, five aspects were identified to enhance academic quality assurance in a university: establishing quality assurance in the unique context of the institution; ensuring that the efforts of policy makers are aligned with those of policy users; quality assurance based on sound auditing principles without excessively monitoring performance; building a quality culture where quality assurance is practiced in an enabling environment; and allowing quality assurance practices to be adaptable. Practical implications The aspects identified are particularly important for quality assurance practitioners, developers of quality assurance processes and academics at universities to enable enhancement of academic quality assurance practices. Originality/value This paper argued that the nature of managerialism caused quality assurance to lose its meaning. The abundance of quality assurance tasks, forms and processes do not protect the institution against reputational risks, and quality assurance, as practiced presently, was found to be intrinsically risky. This paper offered an integrated view on how quality assurance efforts can be enhanced.
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Singh, A. "Selection of an appropriate risk assessment tool for waste water risk abatement planning: an eThekwini case study." Water Practice and Technology 9, no. 3 (September 1, 2014): 283–92. http://dx.doi.org/10.2166/wpt.2014.019.
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A Wastewater Risk Abatement Plan (WWRAP) has become an integral part in the operation of wastewater treatment plants across South Africa with the introduction of the Green Drop initiative. With each successive Green Drop season the WWRAP has become more of a focal point of the assessments and is intended to engender a more risk aware and risk averse philosophy into the operation of wastewater plants. The WWRAP, itself, is intended to be used as a tool to prioritize the deployment of limited resources and funds to achieve better compliance and management of wastewater treatment plants across the country. This is only effective if the method used for rating risk successfully identifies risks inherent on the plants. In essence the WWRAP will not achieve its objectives unless risks are properly identified. This paper explores the two successive WWRAPs produced by the eThekwini Municipality and the evolution of the risk rating systems employed. In 2011 the eThekwini Municipality's WWRAP was based on a modified risk matrix as proposed in the Draft Guidelines for the development of WWRAPs by DWA and the WRC. While the results of this assessment generally correlated with the Department of Water Affairs' Cumulative Risk Rating assessments, the rating system was based primarily on health targets and as a result was ineffectual as a tool for prioritization of resources. In 2012 with the next revision of the WWRAP there was a need to further ‘tweak’ the risk matrix used in order to more accurately reflect and identify risks on the various plants. This entailed increasing the complexity of the risk rating methodology and care was taken to ensure usability while still enhancing the efficacy of the risk assessment process. It was decided that ‘Administrative’ or ‘Reputational’ risk be taken into account when evaluating risk at the various plants and the risk assessment matrix was adjusted accordingly. It was decided that both administrative and reputational risk could be adequately represented by the influence that a particular risk had on the Affairs' potential Green Drop score. Multiple permutations and approaches were evaluated to determine which method would best reflect the ‘on the ground situation’. Using the new rating system, a total of 1,235 low risks were identified over the previous year's 913, medium risks numbered 223 over the 17 from 2011 and 105 high risks were identified for 2012 as compared to 2011 where no high risks were identified at all. The new rating system was thus deemed a more appropriate tool for the prioritization of resources for the municipality.
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Scott, Gavin. "Sword or a shield? The changing dynamic of the regulatory landscape for Australian gas projects." APPEA Journal 54, no. 2 (2014): 509. http://dx.doi.org/10.1071/aj13082.
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From increased domestic opposition to CSG, to international legal challenges about the project financing of gas projects, the Australian gas industry is under siege from numerous stakeholders—communities, domestic governments and non-government organisations both in Australia and internationally. What this has meant for the industry is a significantly increased risk of in doing business in Australia. A key reason for this elevated risk is that stakeholders are becoming increasingly savvy in the legal and quasi-legal avenues for challenging a project—and regulators are increasingly providing stakeholders the tools to do this. During the past two years, we have seen a number of regulatory regimes used, not simply to protect stakeholders’ rights under these regimes, but as part of a strategy to undermine the legal, financial, and reputational foundations of project as a whole. These regimes include: the domestic and international social and environmental impact standards for the financing and assessment of projects; land access and compensation regimes; and, the native title and cultural heritage protection regimes. As a response to stakeholder action, regulators are also becoming more reactive and regulations more proscriptive. This extended abstract examines the financial and operational impacts of using regulatory regimes as a sword, rather than a shield, against gas proponents, using case studies including the challenge to US Ex-Im’s funding of the APLNG project and the James Price Point project. This extended abstract highlights how, in this new legal environment, proponents must balance compliance with relationships, domestic pressures with international standards and cost with exposure to risk.
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Samanthi Perera, Angage Anoma, Abdul Khabir Rahmat, Ali Khatibi, and S. M. Ferdous Azam. "Reliability Assessment of Indicators Measuring the Impact of Enterprise Risk Management on Performance of Higher Education Institutions in Sri Lanka." Asian Journal of University Education 18, no. 1 (February 28, 2022): 300. http://dx.doi.org/10.24191/ajue.v18i1.17252.
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Abstract: Higher educational institutions are exposed to various types of risks what other entities face naming strategic, operational, financial, compliance, technological and reputational risk owing to terrifying competition, rapid technological advancements and unpredictable environmental tremors. Implementation of enterprise risk management is the best strategic tool to identify, assess and mitigate the overall risks faced by entities. The implementation of enterprise risk management is however hindered by the high cost for ERM systems implementation and the inability of justification of increasing performances. Many research studies conducted by academicians and practitioners to ascertain the significant positive relationship of Enterprise Risk Management implementation and firm performance concluded with contradictory deductions. This study is an investigation of the reliability of the indicators measuring the impact of ERM implementation on the performance of non-state higher education institutions in Sri Lanka. The sample of hundred and seventy senior professionals was selected from the study population of seven hundred and seven senior persons attached to non-state institutions in Sri Lanka using stratified random sampling technique. This paper presents the outcomes of the quantitative investigation conducted to test the reliability of the indicators that were used to measure the latent variables in the survey instrument. As the Cronbach’s alpha value of each latent variable was well above the threshold of 0.70, the items used in each variable were fitting to the construct and therefore accepted as reliable indicators to measure the constructs.
Keywords: Organizational ERM Philosophy, Organizational Culture, Organizational Governance Structure, Organizational Hierarchy, Tone-from-the-Top, Employee Involvement
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Ahroum, Rida, Othmane Touri, and Boujemâa Achchab. "Murabaha and Musharakah Moutanaquissah pricing: an interest-free approach." Journal of Islamic Accounting and Business Research 11, no. 1 (January 6, 2020): 201–15. http://dx.doi.org/10.1108/jiabr-12-2016-0147.
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Purpose This study aims to provide an interest-free valuation methodology for Murabaha and Musharakah Moutanaquissah contracts. Indeed, In Islamic finance, Murabaha contracts are widely negotiated. Their yield depends mainly on the contracted profit margin. In the current practices, this latter is based on a reference interest rate, which is highly criticized in Islamic literature, just like Musharakah Moutanaquissah contracts. In this perspective, authors suggest a new valuation methodology with parameters related to the real economy. Design/methodology/approach The authors apply an indirect method to determine a lower bound of the profit margin of a Murabaha contract. Considering Musharakah Moutanaquissah as an equivalent contract, the new valuation methodology is based on participation and focuses on parameters from the real economy: the market rent and the rate of return used for an equivalent project. Findings The results show that the pricing of Musharakah Moutanaquissah contracts could be based on several parameters linked to the real economy. Consequently, an implied value of the profit margin could be computed. Also, the interest rate is no longer implicated in the pricing of neither Murabaha nor Musharakah Moutanaquissah contracts. Research limitations/implications The valuation methodology is applicable only if the underlying asset’s financing can be made with Murabaha and Musharakah Moutanaquissah contracts. Practical implications This work will restore the link between Islamic contracts and the real economy. For Islamic banks in particular, the suggested model would reduce the exposure to reputational risk and enhance the compliance to the Sharia (Islamic Law). Originality/value Several studies have analyzed the dependence between Islamic contracts and interest rates. In general, these studies confirm this dependence and few of them have suggested alternatives. Thus, the authors contribute to the literature by providing a practical and applicable model to detach the valuation of Murabaha and Musharakah Moutanaquissah from the interest rate.
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van Rens, Matheus, Kevin Hugill, Airene LV Francia, Abdellatif Hamdy Abdelwahab, and Krisha LP Garcia. "Treatment of a neonatal peripheral intravenous infiltration/extravasation (PIVIE) injury with hyaluronidase: a case report." British Journal of Nursing 31, no. 8 (April 21, 2022): S31—S36. http://dx.doi.org/10.12968/bjon.2022.31.8.s31.
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Introduction: Intravenous therapy-related injury, its prevention, and treatment are ubiquitous topics of interest among neonatal clinicians and practitioners. This is due to the economic costs, reputational censure, and patents' wellbeing concerns coupled with the possibility of potentially avoidable serious and life-long harm occurring in this vulnerable patient population. Case description: A term infant receiving a hypertonic dextrose infusion for the management of hypoglycemia developed a fulminating extravasation shortly after commencement of the infusion. This complication developed without notification of infusion pump pressure changes pertaining to a change in blood vessel compliance or early warning of infiltration by the optical sensor site monitoring technology (ivWatch®) in use. The injury was extensive and treated with a hyaluronidase/saline mix subcutaneously injected into the extravasation site using established techniques. Over a period of 2 weeks, the initially deep wound healed successfully without further incident, and the infant was discharged home without evident cosmetic scarring or functional effects. Conclusion: This article reports on a case of a term baby who postroutine insertion of a peripherally intravenous catheter showed an extreme reaction to extravasation of the administered intravenous fluids. We discuss the condition, our successful management with hyaluronidase, and the need to remain observationally vigilant of intravenous infusions despite the advances in infusion monitoring technology. HIGHLIGHTS In a neonatal population peripheral infusion therapy-related complication rates have been reported to be as high as 75% Peripheral IV infiltration and extravasation (PIVIE) is implicated in up to 65% of IV-related complications PIVIE injury has the potential to cause serious harm Prompt recognition and timely appropriate intervention can mitigate many of these risks Adhering to the 5Rs for vascular access optimizes infusion therapy and potentially reduces complications
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Downs, George W., and Michael A. Jones. "Reputation, Compliance, and International Law." Journal of Legal Studies 31, S1 (January 2002): S95—S114. http://dx.doi.org/10.1086/340405.
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Tovkanets, H., and A. Marhitych. "ETHICAL PRINCIPLES OF DEVELOPMENT OF MODERN COLLEGE ORGANIZATIONAL CULTURE." Aesthetics and Ethics of Pedagogical Action, no. 23 (August 4, 2021): 90–99. http://dx.doi.org/10.33989/2226-4051.2021.23.238258.
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The article considers the features of ethics and ethical relations in the development of the organizational culture of the college. It is emphasized that adherence to organizational culture, which is the moral and ethical side of the activity, the ability to achieve goals without violating the norms of morality is a characteristic feature of a successful educational organization. The conditions for the development of the organizational culture of the college are determined, in particular, the development of ethical norms in the system of organizational culture and taking into account the peculiarities of the adoption of ethical standards, are the inclusion of ethical standards in the strategy of the educational organization, documentation support of normative sources and information support of the ethical and moral principles of the college. An indicative college development program is considered in terms of establishing ethical standards, aimed at meeting the needs of the individual in intellectual, cultural, and moral development, compliance with the requirements of the teacher's job description, strengthening the social significance of the teaching profession, educating a person with a humanistic outlook and high moral qualities. It is substantiated the ethical code as a document of a social contract within an educational organization, which can perform three main functions: reputational; management; developing, and also serve as a certain guarantee of fairness in interpersonal business relations. It is noted that the organization's code has an «instrumental» status, is a moral and practical means, presents and approves the moral vector and meaning of organizational culture, the means of implementing and realizing the «general spirit» and mission of the organization.
It is concluded that in a college environment, the ethical principles of organizational culture contribute to the successful professional training of students, the formation of awareness of their civic position, the mastery of certain knowledge, the ability to acquire it, the ability to be honest, decent, loyal, reliable member of society; and also find your place in it, to work successfully and professionally, to benefit people and society as a whole.