US crypto hearings expose daunting regulatory issues

2021 ◽  
Keyword(s):  
Content Type ◽  
Regulatory Issues ◽  
Regulatory Challenge

Headline US: Crypto hearings expose regulatory challenge

Whether sharing economy creates social value?

2019 ◽  
Vol 10 (3) ◽  
pp. 642-666 ◽  
Author(s):  
Miao Cui ◽  
Sitara Aziz
Keyword(s):  
Sharing Economy ◽  
Social Value ◽  
Positive Contribution ◽  
Negative Effects ◽  
Content Type ◽  
Regulatory Issues ◽  
Security Issues ◽  
Positive Effects ◽  
Quantitative Analyses ◽  
To Come

Purpose The purpose of this paper is to look at the insights of the value of the society influenced by sharing economy (SE). The study focused on both the benefits and flaws of SE by using the case of renowned SE platform “Uber” to come up with a holistic perspective of these effects from both the facets. Design/methodology/approach This study collects data from demand and supply side using interview and questionnaire. Then the grounded theory is adopted to analyze interview data and come up with six major research constructs. Further, quantitative analyses methods are applied on questionnaires to test “whether sharing economy creates social value” and to approximately estimate the extent to which sharing is economy influencing social value. Findings Findings suggested that, when only drivers were inquired about positive and negative effects of SE, positive effects were dominant. Also, when passengers were asked their opinion was also in favor of positive effects. From quantitative data analysis, the major factor significantly influencing the sustainability of the SE was “efficiency.” “Security issues and regulatory issues” were the prime negative factors, though again there was not enough statistical evidence to validate their significance. The authors hereby conclude that the positive contribution of SE is more, and it is increasing the values of the society. And the positive effects were twice significant than the negative effects. Originality/value Theoretically, the study contributes to finding both the helpful and harmful effects of SE on the values of the society. Practically, it suggests that governments should allow growth of SE under proper regulations. And car-sharing companies should focus on solving the security issues and regulatory issues.

Election meddling will take new insidious forms

2019 ◽  
Keyword(s):  
United States ◽  
Social Media ◽  
The United States ◽  
Content Type ◽  
Harmful Content ◽  
Media Firms ◽  
Regulatory Challenge ◽  
User Content ◽  
Election Meddling ◽  
The Eu

Subject Election meddling. Significance With elections due in the EU, Canada and Australia in 2019 and the United States next year, social media firms have made significant efforts to prevent further misuse of their platforms. These efforts are likely to be effective, and manipulation of the kind attempted between 2016 and 2018 will not re-occur. However, the nature of the adversary has changed. The platforms are at risk of preparing to re-fight yesterday’s battles. Impacts Containing the spread of harmful content via fringe platforms is a significant regulatory challenge. Governments may increase their reliance on offensive cybersecurity campaigns to contain foreign interference. Increased privacy on Facebook will make policing fake content harder as the platform will have restricted access to user content.

Modern slavery and international business scholarship: the governance nexus

2019 ◽  
Vol 15 (2/3) ◽  
pp. 139-157 ◽  
Author(s):  
Brent Burmester ◽  
Snejina Michailova ◽  
Christina Stringer
Keyword(s):  
International Business ◽  
Multinational Enterprises ◽  
Governance System ◽  
Content Type ◽  
Modern Slavery ◽  
Strong Position ◽  
Multi Level ◽  
Primary Unit ◽  
Regulatory Challenge

Purpose Modern slavery is a problem that international business (IB) research can no longer ignore. Multinational enterprises (MNEs) are often contributors to the persistence of modern slavery, by virtue of the regulatory challenge they pose to states and their insufficient oversight of supply chains. The purpose of this paper is to show that governance inadequacies with respect to modern slavery will be lessened if IB scholars give more attention to MNEs’ governing role within and beyond global value chains. Design/methodology/approach A set of arguments is presented in support of intensified effort in IB research with respect to studying the role of MNEs in transnational labour governance. The paper draws inspiration from IB theory and the conceptualisation of the MNE in neighbouring disciplines that regard it as a bearer of duties toward labour, consistent with its role in multilevel governance. Insights from the literature on global and multi-level governance are utilised. Findings The paper construes modern slavery as a multi-level governance challenge and argues that MNE capabilities and responsibilities with respect to labour governance and the deterrence of slavery exceed those identified on the margins of IB literature. MNEs are underappreciated as governors within the multilevel transnational labour governance system. The IB discipline is in a strong position to develop our understanding of the MNE’s different roles in governance and thereby contribute to the reduced incidence of modern slavery. Originality/value This paper represents an attempt to mobilise the IB academy to help eliminate slavery from workplaces that rely on MNE patronage or where labour rights abuses are made possible by MNE diversion of governance resources. It places particular emphasis on the use and abuse of MNEs’ governance capabilities in the sphere of international relations and calls attention to over-simplification of the MNE, IB’s primary unit of analysis.

Pix raises competition and regulatory issues in Brazil

2020 ◽  
Keyword(s):  
Content Type ◽  
Regulatory Issues

Headline BRAZIL: Pix raises competition and regulatory issues

The interaction of public and private international law in regulation of markets

2017 ◽  
Vol 59 (6) ◽  
pp. 1236-1256
Author(s):  
Norman Mugarura
Keyword(s):  
International Law ◽  
Global Markets ◽  
Court Decisions ◽  
Private International Law ◽  
Public And Private ◽  
Content Type ◽  
Regulatory Issues ◽  
Regulatory Domains ◽  
Relationship Of

Purpose This paper aims to explore the role of public and private international law and how they are used differently in regulation of global markets. Data were sourced from both primary and secondary materials – journal papers, court decisions, textbooks and international legal instruments to gain insights into the role of law and the varied contexts in which it is used in regulation of markets. In an ordinary sense of the word, law sets operational limits to protect normative values and practices in a state – trade, peace, security, just to mention but a few. However, law cannot be confined to deterring undesired behaviours or to settling disputes, but more importantly, a good law should prevent disputes from happening. Law dictates the way of life of a society and its efficacy often depends on how well it is used to order the proper functioning of the system. International law is the set of rules which govern and foster effective relations of states. The paper explores the chasm between public and private international law, with a view to demonstrate how they are used differently in regulation of markets. Public and private international law encompass norms evolved by multilateral treaties, customs, judicial decisions, model laws and soft law instruments by different oversight bodies governing states and other stakeholders in their relationship with each other. These norms/rules create a platform for interstate cooperation on varied regulatory issues of shared interests. While treaties create a uniform framework of rules in all signatory states, their implementation often depends on individual states willingness to transpose them into national law. Owing to the inherent challenges of public international law (interstate practice), it has become imperative for markets to use rules of private international law. While public regulates the relationship of states and their emanation, private international law helps to bridge gaps in the mainstream international legal systems of states and in so doing enhances their co-existence on overlapping regulatory issues. The engendered trans-national norms will over time generate a positive impact on local sustainability and co-existence of different regulatory domains. Design/methodology/approach This paper uses cases studies and experiences of countries to demonstrate the complimentary relationship of public and private international law and how they work in tandem in international legal practice. The paper has also used the varied experiences of states to demonstrate how public and private international law interact in regulation of global markets. Data were sourced from both primary and secondary sources – journal papers, court decisions, textbooks and international legal instruments – to gain insights into the law and the varied contexts in regulation of markets. The case law and experience of states alluded to undertaking this research reflect the complimentary relationship of states for markets to operate effectively. Findings The findings of the paper comport with the hypothesis that markets cannot effectively work unless they are pursued within the framework of rules of public and private international law. The paper has alluded to the experience in national jurisdictions and global to highlight the chasm between different regulatory domains for markets to operate effectively. The paper articulates important practical issues relating to public and private international law in regulations of markets. Research limitations/implications The practical implication of the paper is that it underscores significant legal issues relating to regulation of markets drawing examples within national jurisdictions and globally. Social implications The paper has social implications because markets affect people, jobs and social life in varied ways. It addresses pertinent issues related to the complementarity of public and private international law and how they are manifested in national jurisdictions. Originality/value The paper is original because it nuances the interrelationship of public and private international law, teasing out their interaction in regulation of global markets in a distinctive way.

Fintech and crypto assets test US regulatory legacy

2021 ◽  
Keyword(s):  
Systemic Risk ◽  
Financial Services ◽  
Business Models ◽  
Investor Protection ◽  
Regulatory Regime ◽  
Content Type ◽  
Regulatory Issues ◽  
Financial Firms ◽  
Technology Firms ◽  
The Government

Significance Large technology firms and fintech startups are driving the disruptive digitisation of financial services. This threatens incumbents' business models and raises complex regulatory issues around competition, jurisdiction, consumer and investor protection and systemic risk. Impacts Greater regulatory access to firms' data via a platform could shift legal liabilities to the government in the event of failures. Crypto assets need a global regulatory regime to overcome jurisdictional arbitrage and their obliviousness to national borders. Political stasis over governing crypto assets will leaving traditional financial firms in regulatory limbo.

scholarly journals Stakeholder management in the alleviation of legal and regulatory disputes in public-private partnership projects in South Africa

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Khotso Dithebe ◽  
Clinton Ohis Aigbavboa ◽  
Wellington Didibhuku Didibhuku Thwala ◽  
Susan Hayhow ◽  
Saeed Talebi
Keyword(s):  
South Africa ◽  
Success Factors ◽  
Deductive Reasoning ◽  
Stakeholder Management ◽  
Project Planning ◽  
Public Private Partnership ◽  
Primary Data ◽  
Private Partnership ◽  
Content Type ◽  
Regulatory Issues

Purpose The purpose of this paper is to introduce the use of critical success factors (CSFs) of stakeholder management as a possible solution to reduce disputes experienced because of legal and regulatory issues in public–private partnership (PPP) projects. Design/methodology/approach This paper’s epistemological positioning adopted positivism and deductive reasoning to investigate the dispute phenomena on PPP projects. A survey strategy was adopted using a structured questionnaire and closed-ended Likert scales to collate primary data. Questionnaires were distributed to South African construction professionals using both purposive and snowballing non-probability sampling techniques. Data was analysed using summary statistical analysis of the CSFs identified from literature. Findings This study revealed that among the 19 CSFs identified, five factors were highlighted that could contribute to the alleviation of disputes between stakeholders in PPP projects, namely, adequate project planning and control; effective leadership; appropriate strategies for the management of stakeholders; confirmation of clear goals and objectives of the project; and effective communication. Originality/value The strength of this study lies in the evaluation and use of CSFs of stakeholder management as a possible solution to minimise or even avoid disputes as a result of legal and regulatory issues in PPP projects. By integrating the CSFs, the legal and contractual misconceptions of the PPP initiative are clarified. Such work represents a novel contribution to procurement practice in South Africa and maybe to other countries internationally who are grappling with similar issues.

The retail distribution review

2016 ◽  
Vol 24 (2) ◽  
pp. 140-153 ◽  
Author(s):  
Patrick Ring
Keyword(s):  
Financial Planning ◽  
Financial Services ◽  
Design Methodology ◽  
Market Failures ◽  
Policy Reforms ◽  
Content Type ◽  
Regulatory Issues ◽  
Services Sector ◽  
Financial Services Sector ◽  
Practical Implications

Purpose The purpose of this paper is to review the effect of reforms to the UK’s retail advice sector as a result of the Retail Distribution Review (RDR). Design/methodology/approach The paper takes the form of a review of the RDR in the context of the Financial Advice Market Review (FAMR). Findings There is a lack of clarity, experienced by both consumers and financial advisers, concerning the nature of “advice”. This results from the use of an array of regulatory and non-regulatory terms. Whilst enhancing professionalisation and reducing commission bias, the RDR is failing to address the needs of many financial consumers – identified by many as an “advice gap”. It is argued that the focus of the RDR, and previous reforms, on addressing market failures may be misplaced. Practical implications The paper provides an analysis designed to help in the process of developing a retail advice sector that meets the needs of consumers, in the context policy reforms placing more emphasis on the responsibilities of individuals for financial planning. Social implications The study has the potential of better outcomes for consumers and reputational returns for the financial services sector. Originality/value This paper is a review of the current regulatory issues facing financial advisers and retail consumers in the context of the RDR and FAMR.

Can microfinance crowdfunding reduce financial exclusion? Regulatory issues

2015 ◽  
Vol 33 (5) ◽  
pp. 624-636 ◽  
Author(s):  
Nadiya Marakkath ◽  
Laurence Attuel-mendes
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Legal Status ◽  
Social Innovation ◽  
Banking System ◽  
Regulatory Environment ◽  
Structured Interviews ◽  
Content Type ◽  
Regulatory Issues ◽  
Financial Exclusion

Purpose – The purpose of this paper is to discuss how regulatory environment can be a fundamental constraint or lever in defining the scope of operations of a social innovation. Design/methodology/approach – Semi-structured interviews with top-level executives of pioneers of crowdfunding were run in India and France, two of the three leading countries in this field. Findings – Four main issues rise: choice of legal status, constraints for the operations model, compliance with anti-money laundering measures and challenges in marketing and sustainability. Originality/value – This paper contributes to knowledge advancement in the field of this new funding actor that could challenge the banking system. This is the first paper to explore these regulatory issues and their impact on marketing practices.

The More Control, the Better?

2014 ◽  
Vol 26 (2) ◽  
pp. 81-91 ◽  
Author(s):  
Jeeyun Oh ◽  
Mun-Young Chung ◽  
Sangyong Han
Keyword(s):  
Mixed Design ◽  
Negative Effects ◽  
Story Structure ◽  
Content Type ◽  
High User ◽  
User Control ◽  
Rigorous Research ◽  
Control Versus ◽  
The Media ◽  
The Impact

Despite of the popularity of interactive movie trailers, rigorous research on one of the most apparent features of these interfaces – the level of user control – has been scarce. This study explored the effects of user control on users’ immersion and enjoyment of the movie trailers, moderated by the content type. We conducted a 2 (high user control versus low user control) × 2 (drama film trailer versus documentary film trailer) mixed-design factorial experiment. The results showed that the level of user control over movie trailer interfaces decreased users’ immersion when the trailer had an element of traditional story structure, such as a drama film trailer. Participants in the high user control condition answered that they were less fascinated with, absorbed in, focused on, mentally involved with, and emotionally affected by the movie trailer than participants in the low user control condition only with the drama movie trailer. The negative effects of user control on the level of immersion for the drama trailer translated into users’ enjoyment. The impact of user control over interfaces on immersion and enjoyment varies depending on the nature of the media content, which suggests a possible trade-off between the level of user control and entertainment outcomes.

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