Theoretical aspects of insider trading regulation in Zimbabwe

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Howard Chitimira

Purpose Insider trading is treated as a punishable offence in many jurisdictions and countries. In relation to this, various theories were developed to justify and enhance the regulation of insider trading in such jurisdictions and countries. For instance, regulatory bodies and the relevant courts in jurisdictions such as the Commonwealth and the European Union as well as in countries such as the USA and the UK have to date developed and consistently applied theories such as the classical theory, misappropriation theory, fiduciary theory, unified theory and equal access theory in their quest to detect, prevent and combat insider trading activities. For the purposes of this article, the aforesaid theories are discussed so as to recommend possible measures that could be adopted by the policy makers to effectively curb insider trading activities in the Zimbabwean financial markets. It is against this background that some theoretical aspects of the insider trading regulation as adopted by the Zimbabwean policymakers, regulatory bodies and the relevant courts are scrutinised in this paper. This is done to, inter alia, investigate possible flaws and the rationale for such direct and indirect application of certain insider trading theorem in Zimbabwe. Thereafter, some recommendations in respect thereof are provided. Design/methodology/approach A qualitative research methodology is used in the entire paper. Findings It is hoped that the recommendations in the paper will be used by the relevant policymakers to enhance the curbing of insider trading in Zimbabwe. Research limitations/implications The paper does not use an empirical research. Practical implications It is hoped that the recommendations in this paper will be used by the relevant policymakers to enhance the curbing of insider trading in Zimbabwe. Social implications It is hoped that the recommendations in this paper will be used by the relevant policymakers to enhance the curbing of insider trading in Zimbabwe. Originality/value This paper is original research on the theoretical aspects of the regulation of insider trading in Zimbabwe.

2019 ◽  
Vol 41 (1) ◽  
pp. 142-157 ◽  
Author(s):  
Maureen Maloney ◽  
Alma McCarthy

PurposeThe purpose of this paper is to analyse how firm size impacts pension workforce coverage with a particular focus on automatic enrolment (AE) to pension plans in small organisations.Design/methodology/approachThe paper examines the alignment of government AE interests with those of small employers, their employees and pension providers to better understand how firm size impacts pension workforce coverage.FindingsThe alignment of interests between stakeholders (government, pension providers, employers and employees) differs between large and small organisations, and empirical findings from large organisations cannot be assumed to apply in small organisations.Research limitations/implicationsThe paper calls attention to the need for future empirical research and identifies a number of research questions for further analysis to examine how AE impacts pension participation in small organisations and advance the field.Originality/valueThe policy of automatically enroling employees into occupational pension plans, recently legislated for all eligible workers in the UK and under consideration in the USA and Ireland, was developed from research conducted in a small number of large organisations. Pension coverage is particularly inadequate for the large number of employees working in small organisations (1–49 employees). However, little research attention has been focussed on pensions in small organisations with pension policy makers assuming that legislated AE will work as effectively in small organisations as it did in large organisations. This paper addresses this gap in the field.


2017 ◽  
Vol 25 (1) ◽  
pp. 5-10 ◽  
Author(s):  
Steven Globerman

Purpose The paper aims to provide an updated broad assessment of the environment for foreign direct investment (FDI) in light of the referendum vote in the UK to exit the European Union (Brexit), the election of Donald Trump as President of the USA and growing nationalist movements in Europe. Design/methodology/approach The paper uses an essay format to set out the main issues linking recent political developments to FDI. It reviews some relevant empirical literature to assess the identified linkages. Findings It seems reasonable to argue that there will be a reduction in FDI intensity on a global basis over the foreseeable future. It is also likely that the nature of FDI will move more toward being a substitute rather than a complement to trade. Originality/value The essay is original and valuable in the sense of offering a contemporary assessment of how important the recent political events may affect the FDI process.


2018 ◽  
Vol 25 (2) ◽  
pp. 337-353
Author(s):  
Serkan Benk ◽  
Robert W. McGee ◽  
Tamer Budak

Purpose The purpose of this study is to explore the perception of Turkish citizens of the severity of bribery relative to other crimes and violations. Design/methodology/approach A questionnaire survey was administered to 545 Turkish people respondents. A five-point Likert scale that measures attitudes and behaviors using answer choices was used to categorize the degree of seriousness of each crime for data analysis. Findings The results of the study show that bribery ranked 16th among the 33 offences surveyed, that is, it lies in the middle in terms of seriousness. The results also indicate that the average person views bribery as not a very serious crime. When compared to violent crimes, bribery is significantly less serious. As for the property crimes, bribery is significantly less serious than arson and carjacking, but it significantly more serious than damage to public property, shoplifting and bike theft. When compared to white-collar crimes, bribery is remarkably less serious than embezzlement and appreciably more serious than welfare fraud, insider trading, child labor, minimum wage and insurance fraud. The results of this study are substantial; general public do not perceive bribe as a serious crime. Originality/value This is an important study in relation to Turkey. This is as a pioneer study that indicates the relationship between bribery as a crime and other offences in Turkey. The results of this study should be useful to policy-makers in Turkey and elsewhere. Another important sight of this study is the fact that the results show different correlations with similar studies put through in the other countries. According to the studies, bribery was the least serious crime in Australia and New Zealand; it ranked in the middle in terms of seriousness in Mexico, similar to Turkey; and it was also less serious than the average offense in the USA.


2015 ◽  
Vol 16 (1) ◽  
pp. 20-57 ◽  
Author(s):  
Pirjo Ståhle ◽  
Sten Ståhle ◽  
Carol Y.Y. Lin

Purpose – The purpose of this paper is to examine to what extent national intangible capital (NIC) explains GDP growth and to assess its impact on GDP formation in different countries. The paper brings a new perspective to explaining hidden economic drivers. Design/methodology/approach – The paper introduces a new theoretically and computationally justified method, so-called ELSS model that is based on expansion and augmentation of the Cobb-Douglas production function with a wide range of NIC indicators. The method is applied by using the database that contains NIC indices for 48 countries covering the period from 2001 to 2011. Findings – The results show that intangible capital accounts for 45 per cent of world GDP. The figure for the USA is 70.3 per cent and for the European Union 51.6 per cent. The Nordic countries stand out with a higher figure at 64.7 per cent, with NIC contributing to 72.5 per cent of GDP in Sweden, 69.7 per cent in Finland and 67.6 per cent in Denmark. Research limitations/implications – The expanded Cobb-Douglas production function is sensitive to valuations of capital inputs and sensitive to estimates of production shares for various augmenting and expanding inputs. Therefore further work is needed to develop and test methodologies for the assessment of all of these. Practical implications – ELSS production function helps to give a realistic picture of the value and impact of NIC and accordingly gives evidence for accurate investment decisions for the future. Social implications – The method will help policy makers figure out what steps are needed to reduce the cross-country NIC differences. Originality/value – The authors have uncovered the value of NIC beyond monetary inputs, and at the same time taken account of country specifics. The ELSS formula is comprehensive yet not too complicated to replicate. The approach significantly contributes to the development of the current research tradition into intangibles.


2018 ◽  
Vol 11 (2) ◽  
pp. 83-90 ◽  
Author(s):  
Adam Dinham

Purpose The purpose of this paper is to report on an action research programme in the UK to address this through the notion of religious literacy. Design/methodology/approach Drawing on original research and analysis in UK higher education settings, the article will argue that health and social care educators, policy makers and practitioners need to develop their religious literacy in order to engage fully and competently with the religion and belief identities of their service users in a religiously diverse and complex world. Findings The relationship between religion and belief on the one hand and health and social care practice has been scarcely addressed, despite the important work of Furness and Gilligan in the UK and Canada in the USA. Their work appears as exceptional within a wider context of professions which have been forged in a predominantly secular milieu, despite having their roots in Christian social services in the USA, Canada and the UK. New research in the sociology of religion shows that religion and belief themselves vary in form, number and mix around the world, and that the religious landscape itself has changed enormously in the period during which secular social work has been changing significantly in recent years. It has been observed that in the UK secular assumptions reached a peak of confidence in the 1960s, when social work was most rapidly consolidating as a public profession (Dinham 2015). The inheritance has been generations of health and social care practitioners and educators who are ill-equipped to address the religion and belief identities which they encounter. In recent years this has become a pressing issue as societies across the West come to terms with the persistent – and in some ways growing – presence of religion or belief, against the expectations of secularism. In total, 84 per cent of the global population declares a religious affiliation (Pew, 2012); globalisation and migration put us all in to daily encounter with religious plurality as citizens, neighbours, service users and professionals; and internationally, mixed economies of welfare increasingly involve faith groups in service provision, including in social work and welfare settings across Europe and North America. Yet the twentieth century – the secular century – leaves behind a lamentable quality of conversation about religion and belief. Public professionals find themselves precarious on the subject, and largely unable to engage systematically and informedly with religion and belief as they encounter them. Originality/value Religion and belief have been bracketed off in education in departments of Theology and Religious Studies. Social work education has largely neglected them, and professional standards, benchmarks, values and toolkits, have tended to use proxies for religion and belief, such as “spirituality”, which are often ill-defined and vague. In a context of the reemergence of public faith, and a widespread acknowledgement that religion and belief did not go away after all, health and social care face the pressing challenge of engaging skilfully. This article draws on an action research programme in the UK to address this through the notion of religious literacy. Reflecting on original research and analysis in UK higher education settings, the article will argue that health and social care educators, policy makers and practitioners need to develop their religious literacy in order to engage fully and competently with the religion and belief identities of their service users in a religiously diverse and complex world.


2014 ◽  
Vol 27 (3) ◽  
pp. 249-265 ◽  
Author(s):  
Theodore T.Y. Chen

Purpose – The purpose of this study is to determine whether Hong Kong is ready for accounting education reform. Design/methodology/approach – The approach for this study is using a Likert-scale questionnaire for the academic institutions, the Hong Kong Institute of Certified Public Accountants and the big four accounting firms, followed by detailed follow-up interviews with each. Findings – There is general agreement among accounting academics and the profession that the Accounting Education Change Commission initiatives should be adopted in Hong Kong. Hong Kong accounting academics in public institutions do not oppose to a balance between teaching and research, but would oppose to an emphasis of teaching over research. This is important as an overemphasis on research could mean less time for teaching and curriculum development. The big four accounting firms are either happy with the way Hong Kong universities have been educating the accounting graduates or have no complaints against them. This is also important as an urge for accounting education reform usually comes from the practitioners as in the USA. Originality/value – The USA was the first country that saw the need for accounting education reform as accounting practitioners felt that curriculum and pedagogical considerations placed heavy emphasis on the technical aspects of accounting at the expense of a general, broad-based education. Similar needs for change were also found in the UK and Australia. As Hong Kong is one of the world’s major financial centres with a large securities exchange, there is a great deal of emphasis on accounting standards, financial reporting, corporate governance, etc., and hence the importance of accounting education. Is Hong Kong ready for the change?


2015 ◽  
Vol 67 (1) ◽  
pp. 94-115 ◽  
Author(s):  
David Haynes ◽  
Lyn Robinson

Purpose – The purpose of this paper is to identify the risks faced by users of online social networking services (SNSs) in the UK and to develop a typology of risk that can be used to assess regulatory effectiveness. Design/methodology/approach – An initial investigation of the literature revealed no detailed taxonomies of risk in this area. Existing taxonomies were reviewed and merged with categories identified in a pilot survey and expanded in purposive sample survey directed at the library and information services (LIS) community in the UK. Findings – Analysis of the relationships between different risk categories yielded a grouping of risks by their consequences. This aligns with one of the objectives of regulation, which is to mitigate risks. Research limitations/implications – This research offers a tool for evaluation of different modes of regulation of social media. Practical implications – Awareness of the risks associated with use of online SNSs and wider social media contributes to the work of LIS professionals in their roles as: educators; intermediaries; and users of social media. An understanding of risk also informs the work of policy makers and legislators responsible for regulating access to personal data. Originality/value – A risk-based view of regulation of personal data on social media has not been attempted in such a comprehensive way before.


2016 ◽  
Vol 18 (3) ◽  
pp. 149-160 ◽  
Author(s):  
Lorna Montgomery ◽  
Janet Anand ◽  
Kathryn Mackay ◽  
Brian Taylor ◽  
Katherine C. Pearson ◽  
...  

Purpose – The purpose of this paper is to explore the similarities and differences of legal responses to older adults who may be at risk of harm or abuse in the UK, Ireland, Australia and the USA. Design/methodology/approach – The authors draw upon a review of elder abuse and adult protection undertaken on behalf of the commissioner for older people in Northern Ireland. This paper focusses on the desk top mapping of the different legal approaches and draws upon wider literature to frame the discussion of the relative strengths and weaknesses of the different legal responses. Findings – Arguments exist both for and against each legal approach. Differences in defining the scope and powers of adult protection legislation in the UK and internationally are highlighted. Research limitations/implications – This review was undertaken in late 2013; while the authors have updated the mapping to take account of subsequent changes, some statutory guidance is not yet available. While the expertise of a group of experienced professionals in the field of adult safeguarding was utilized, it was not feasible to employ a formal survey or consensus model. Practical implications – Some countries have already introduced APL and others are considering doing so. The potential advantages and challenges of introducing APL are highlighted. Social implications – The introduction of legislation may give professionals increased powers to prevent and reduce abuse of adults, but this would also change the dynamic of relationships within families and between families and professionals. Originality/value – This paper provides an accessible discussion of APL across the UK and internationally which to date has been lacking from the literature.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Katarína Vitálišová ◽  
Kamila Borseková ◽  
Anna Vanˇová ◽  
Samuel Koróny

Purpose The purpose of this paper is to identify and evaluate critically the impacts associated with the implementation of electronic monitoring (EM) of accused and convicted persons on society based on the foreign experience and compare these findings with the original research results on EM in the Slovak Republic. Design/methodology/approach This paper elaborates the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Secondary research is based on in-depth analysis of articles, reports and studies searched via database of Google, Scopus and Science Direct. Based on the studies processed by a causal and qualitative analysis, the authors identify the benefits and risks of EM influencing community life in Europe and the USA. The additional sources of secondary data are the Statistical Yearbook of Ministry of Justice of Slovak Republic, the content of the original law (including relevant amendments) that introduced EM into the Slovak criminal justice system and data on the application of EM in Slovakia provided by the Ministry of Justice. Subsequently, this paper presents the original research findings about the EM implementation in the Slovak Republic. The primary data were conducted via interviews with the representatives of Ministry of Justice, and through the national survey of opinions of judges, probation and mediation officers. The authors used the descriptive statistics and the statistical deduction methods. Findings The key finding of the paper is that there is a very narrow border between EM as blessing and disguise for community involved. Setting proper measures to protect the community, targeted communication and support with attendance of professionals (e.g. mediator and psychologist) for community members might help to avoid possible risks and support the benefits related with EM implementation, namely, social and economic inclusion of offenders, maintaining family and community tights, reducing recidivism or protection of sensitive sites. Practical implications To support the acceptation of EM by local community, the authors recommend to perceive sensitively community involvement and consider potential risks related with EM implementation; to suggest the proper measures to protect the community; and to develop better or targeted communication oriented towards increasing awareness or establishment supporting groups with attendance of professionals (e.g. mediator and psychologist) that might help to avoid possible risks and support the benefits related with EM implementation. Originality/value This paper compares experience with EM based on the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Subsequently, it presents the unique data about the implementation of EM in the Slovak Republic. The topic of EM is still vastly underrated in the literature, and there is a lack of empirical data, so this paper as a combination of case studies and original research could be very helpful in the efficient implementation of EM and setting the proper measures.


Author(s):  
Fairgrieve Duncan ◽  
Richard Goldberg

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.


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