Consumer protection and electronic commerce in the Sultanate of Oman

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rakesh Belwal ◽  
Rahima Al Shibli ◽  
Shweta Belwal
Keyword(s):  
Electronic Commerce ◽  
Consumer Protection ◽  
Research Process ◽  
Legal Framework ◽  
Consumer Confidence ◽  
Research Approach ◽  
Sultanate Of Oman ◽  
Protection Measures ◽  
Content Type ◽  
Legal Provisions

Purpose Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection. Design/methodology/approach This study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the rest of the world in general. Findings The study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment. Research limitations/implications There is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes. Practical implications The mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas. Social implications Consumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase. Originality/value Consumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general.

scholarly journals Consumers contracting with other consumers in the sharing economy: fill in the gaps in the legal framework or switch to the blockchain model?

2019 ◽  
pp. 44-55
Author(s):  
Hervé Jacquemin
Keyword(s):  
Consumer Protection ◽  
Legal Framework ◽  
Sharing Economy ◽  
Protection Measures ◽  
Blockchain Technology ◽  
Legal Provisions ◽  
Lack Of Information ◽  
Unfair Commercial Practices Directive ◽  
Right Of Withdrawal ◽  
Other Consumers

Numerous legal provisions were enacted at an EU level in order to protect consumers contracting with professionals, especially in a digital environment (see, in particular, the protection measures provided by directive 2011/83/EU on consumer rights; directive 2005/29/EC on unfair commercial practices; directive 2000/31/EC on electronic commerce, etc.). With the development of the web 2.0 and the so-called “sharing economy”, consumers are now entitled to easily conclude agreements with other consumers through intermediation platforms. EU Consumer Acquis shall normally be applicable to the relationship between the platform and each of the peers (the seller or the provider on one hand, and the buyer or the recipient on the other hand), with the exclusion of C2C relationships. The objective of this paper is to highlight the potential issues and gaps in the context of consumer protection (lack of information, warranty issues, no right of withdrawal, etc.), resulting from the fact that C2C agreements are normally out of scope of the EU Consumer Acquis (and only governed by the traditional contract law). Some propositions de lege ferenda will also be made, in order to ensure a higher level of consumer protection (with additional legal duties prescribed for the intermediaries, for instance). Blockchain technology and smart contracts shall also be taken into account, since they should normally give rise to a “disintermediation” process. It should however be assessed whether or not consumer protection will benefit from this disintermediation.

Urgency of financial technology (Fintech) laws in Indonesia

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Dona Budi Kharisma
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Task Force ◽  
Legal Protection ◽  
Legal Framework ◽  
Digital Economy ◽  
Literature Study ◽  
Protection Measures ◽  
Content Type ◽  
The Republic

Purpose This paper aims to elaborate the reasons why Indonesia needs Law on Fintech. This paper also identifies the flaws in the existing regulations and policies on Fintech, and it also proposes an ideal framework for a fintech law as a strategy to strengthen consumer protection and to accelerate the growth of the digital economy in Indonesia. Design/methodology/approach This is normative research with a legal approach. Data were collected through a literature study and analyzed using legal norm method. Findings The promising potential and growth of the fintech industry in Indonesia need to be supported by a sound legal framework in the form of Indonesian Law. In regards to fintech, Indonesia does not yet have a specific law on fintech. Existing regulations in the Bank of Indonesia Regulations (PBI) and Indonesia Financial Services Authority Regulations (POJK) only regulate the technical aspects of the industry, thus providing a less sound legal power. Bank of Indonesia (BI) and Indonesia Financial Services Authority (OJK) have limited authority in the making of regulations and the regulations produced by these institutions cannot stipulate criminal provisions. This results in inadequate consumer protection measures. The Investment Alert Task Force reported 2,018 illegal P2P lending, 472 illegal investment companies and 69 illegal pawnbrokers. The accumulation of online lending transactions in December 2019 reached a total of IDR81.50tn, seeing a 259.56% increase from the previous year. Meanwhile, the amount of bad debt reached IDR13.6tn, seeing a 169.48% increase. These reasons illustrate how urgently Indonesia needs Fintech Law. Research limitations/implications This research only examines the existing Fintech regulations in Indonesia. The approach method used is normative legal research. Practical implications This research is expected to be useful for The House of Representatives of the Republic of Indonesia (DPR), the Ministry of Law and Human Rights, the Indonesia Financial Services Authority (OJK) and Bank of Indonesia (BI) in drafting the Fintech Law. Social implications This research is expected to increase protection for consumers, investors and providers of fintech services and accelerate the growth of the digital economy in Indonesia. Originality/value Regulating fintech in the Indonesian Law is meant to give legal certainty and better legal protection for consumers, investors and providers of fintech services. Seeing that the value of the Indonesian digital economy in 2019 has reached USD40bn (approximately IDR586tn), Indonesia is philosophically, juridically and sociologically in urgent need of Fintech Law.

scholarly journals Assistive tools for disability arts: collaborative experiences in working with disabled artists and stakeholders

2016 ◽  
Vol 10 (2) ◽  
pp. 121-129 ◽  
Author(s):  
Chris Creed
Keyword(s):  
Special Needs ◽  
Research Impact ◽  
Research Process ◽  
Research Approach ◽  
Visual Artists ◽  
Content Type ◽  
British Council ◽  
Artistic Work ◽  
Conducting Research ◽  
The Impact

Purpose – The purpose of this paper is to provide a review of the experiences in working collaboratively with physically impaired visual artists and other stakeholders (e.g. disability arts organisations, charities, personal assistants, special needs colleges, assistive technologists, etc.) to explore the potential of digital assistive tools to support and transform practice. Design/methodology/approach – The authors strategically identified key organisations as project partners including Disability Arts Shropshire, Arts Council England, the British Council, SCOPE, and National Star College (a large special needs college). This multi-disciplinary team worked together to develop relationships with disabled artists and to collaboratively influence the research focus around investigating the current practice of physically impaired artists and the impact of digital technologies on artistic work. Findings – The collaborations with disabled artists and stakeholders throughout the research process have enriched the project, broadened and deepened research impact, and enabled a firsthand understanding of the issues around using assistive technology for artistic work. Artists and stakeholders have become pro-active collaborators and advocates for the project as opposed to being used only for evaluation purposes. A flexible research approach was crucial in helping to facilitate research studies and enhance impact of the work. Originality/value – This paper is the first to discuss experiences in working with physically impaired visual artists – including the benefits of a collaborative approach and the considerations that must be made when conducting research in this area. The observations are also relevant to researchers working with disabled participants in other fields.

Owning one’s epistemology in religious studies research methodology

Kybernetes ◽  
2019 ◽  
Vol 49 (8) ◽  
pp. 2057-2071 ◽  
Author(s):  
Philip Baron
Keyword(s):  
Social Justice ◽  
Research Methodology ◽  
Research Process ◽  
Religious Studies ◽  
Research Approach ◽  
Research Activity ◽  
Content Type ◽  
Observer Effect ◽  
Temporal Coupling ◽  
The Relationship

Purpose There is a lack of epistemological considerations in religious studies methodologies, which have resulted in an on-going critique in this field. In addressing this critique, the researcher’s observer effect needs to be actively accounted for owing to the influence of the researcher’s epistemology in the author’s research. This paper aims to answer the question of why a researcher should address one’s epistemology in the research. Design/methodology/approach Using second-order cybernetics as an approach, observer dependence is exemplified and justified in the context of religious studies research methodology. The research activity is shown as a relational temporal coupling that introduces inter-subjective aspects to the research. The research process is analysed showing the need to provide scope for the researcher’s epistemology in one’s research. Findings A relational observer-dependent approach to research embraces the epistemology of the researcher and the participants providing equality in the relationship. The research results are thus framed according to the nature of the relationship and are thus not detached. This addresses social justice and reduces troubling truth claims. Research limitations/implications This first paper focuses on the question of why epistemology should be included in scholarly research. A detailed framework for how scholars may achieve this goal is to be part of the future study and is not presented in this paper. Practical implications In many positivist approaches there is a motivation to hide the researcher; however, recently there has been a move towards including authors in the first person, realising that science is tied to politics, which does not reach its ideals of objectivity. Cybernetics is presented as an approach to addressing the move from “objective” to “subjective” research. Social implications Researchers cannot get into the minds of their participants and thus an authorial privileged presentation by the researcher of the participant’s experiences is fraught with epistemological weaknesses. Attempting to own one’s own epistemology could address social justice in research by personalising the research and accounting for the observer effect and the inter-subjective attributes of the research relationship. Originality/value The principle of observer dependence in cybernetics is not new; however, a research approach that focuses on the nature of knowing and how this may influence one’s research in religious studies is uncommon. It is thus presented here as a viable option to address the critique of epistemologically weak research methodology in religious studies.

The knowledge machinery and claims in learning study as paedeutical research

2019 ◽  
Vol 9 (1) ◽  
pp. 18-30 ◽  
Author(s):  
Ingrid Maria Carlgren
Keyword(s):  
Meaning Making ◽  
Ways Of Knowing ◽  
Research Process ◽  
Learning Objects ◽  
Theory And Practice ◽  
Research Approach ◽  
Learning Study ◽  
Content Type ◽  
Knowledge Claims ◽  
Specific Learning

Purpose The purpose of this paper is to contribute to the theoretical reflection on learning study as a research approach. The focus is on description and reflection on the methodology of learning study as paedeutic research. This research is for, not on, teachers, i.e. research into problems and challenges faced by teachers in their professional practice. Learning study as paedeutic research is about the content and processes of formation/Bildung in relation to specific learning objects. Its focus is on subject-specific ways of knowing as well as how such knowing is enabled through teaching. Design/methodology/approach The point of departure is a perspective on research approaches as practices, i.e. as activities with certain aims as well as ways of “making” knowledge. Based on a description of the knowledge machinery in a learning study, i.e. those mechanisms that together generate new knowledge, the knowledge claims that can be made are discussed together with the theoretical underpinning of the arguments. The knowledge machinery is described in relation to how it is organised around the delimitation and analysis of an object of Learning as well as designing and evaluating ways to make the critical aspects of this object of learning visible. As an epistemological underpinning, some aspects of pragmatic philosophical thinking regarding the relationship between theory and practice are outlined. Based on that the research process may be described as a development of means-ends relationships – from unconscious empirical relationships to conscious staging of internal and theoretical relations. Abduction is an important tool for this meaning-making. Findings Learning study can be described as a particularistic, theory-building research approach concerning the knowing of specific learning objects as well as how they can be taught and learnt. The knowledge that is generated in learning study is theoretical and describes aspects of the teaching and learning of specific objects of learning. The research process can be described in terms of specification where practice is gradually supplied with a more differentiated meaning. A learning study is organised around a specific object of learning that functions as an open and unfolding object of knowledge. It combines a practice-based development of theory with a theory-based development of practice. Originality/value The development of the thinking about learning study as research for, rather than on, teachers is paedeutical research. A contribution to reflection on the knowledge machinery and knowledge claims of such research.

The legal framework for the Syrian urban reconstruction

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Antonio-Martín Porras-Gómez
Keyword(s):  
Rule Of Law ◽  
Legal Framework ◽  
Regulatory Capture ◽  
Legal Analysis ◽  
Legal Text ◽  
Content Type ◽  
The Rule Of Law ◽  
Legal Instrument ◽  
Legal Provisions ◽  
Post War

Purpose As the Syrian civil war winds down, the massive reconstruction of the devastated cities has become a recurring subject of political and scientific discussions. A crucial question pervades all these debates: is the current legal framework adequate for confronting the reconstruction challenges in an effective way? With the purpose of understanding and informing the question, this study aims to analyze the most important legal instrument for the Syrian urban reconstruction, Law 10/2018. Design/methodology/approach A functional analysis of the legal text and of its effective implementation is provided. Following a doctrinal legal approach, internal inconsistencies are highlighted, as well as possible “legal gaps” that might allow and favor instances of disrespect of the rule of law and regulatory capture. Findings The main hypotheses discussed are, first, from a descriptive-analytical perspective, that the neoliberal trend in the Syrian political economy underpins the legal framework for the Syrian reconstruction. Second, from a design perspective, that, while offering a strong mechanism for disciplining the Syrian urban planning, Law 10/2018 does not warrant a scenario of respect of the rule of law and seems too easy prey for regulatory capture. Originality/value While the most recent and prominent legal instrument aimed to frame Syrian post-war reconstruction, Law 10/2018, has been subject to multiple policy analyzes and critiques, these have focused almost exclusively on its presumed warchitecture dimension, lacking contextual depth and, most worryingly, ignoring any kind of doctrinal legal analysis. Setting the Law 10/2018 in its legal context is something that has not been done yet, even if, according to their own ontology, legal provisions have to be understood within the context of the legal system they are inserted in. This paper delves into the subject, analyzing the legal text, its juridical context and the way it has been interpreted by the administrative decision-maker while looking at instances where the axiological goals constitutionally proclaimed and legally enshrined might be prevented by the very regulatory configuration.

scholarly journals Uncertainty management of projects from the owners' perspective, with main focus on managing delivered functionality

2013 ◽  
Vol 7 (1) ◽  
pp. 133-143
Author(s):  
Hans Petter Krane ◽  
Nils O.E. Olsson
Keyword(s):  
Project Management ◽  
Success Factors ◽  
Research Work ◽  
Research Process ◽  
Energy Sector ◽  
Uncertainty Management ◽  
Research Literature ◽  
Research Approach ◽  
Content Type ◽  
Risk Elements

Purpose – This paper aims to report on the work on a doctoral thesis studying uncertainty management of projects. The thesis was in particular studying uncertainty regarding the functionality that the project should deliver. The research also addresses how the project owner's views and interests are taken care of, and the relation between the project management and the project owner in this uncertainty management. The purpose of the paper is not only to report the research findings and conclusions, but also to give insight into the research process – the researcher's “journey” in his work with the thesis is described and also some main issues regarding the context of the research. Design/methodology/approach – The research work that is reported on was carried out applying a combined research approach utilizing both quantitative and qualitative data. The research was mainly based on two case studies – one made up of two projects in the railway sector, and one consisting of seven projects in the energy sector. In both the studies, qualitative techniques were applied: interviews, observations and documentation studies. In the study in the energy sector, there was also made a quantitative study using data from the risk registers of the seven projects, with a total of almost 1,500 risk items. Findings – The study shows that the projects' uncertainty management did not have a project owner's perspective, but was mainly focused on the success factors of the project management. In the quantitative part of the studies, it was found that a great majority (91 percent) of the risk elements in the projects studied were operational risks, i.e. risks mainly concerning the projects' operational goals. Also, most of the projects' risk elements were threats (67 percent). Originality/value – There appears to be a paucity of similar studies of uncertainty management in projects undertaken in the project management research literature. Developing a better focus on the project owner and uncertainty regarding the projects' effects was found to be the main value of the work.

The fight against international transfer pricing abuses: a recommendation for Mauritius

2019 ◽  
Vol 61 (1) ◽  
pp. 205-231 ◽  
Author(s):  
Ambareen Beebeejaun
Keyword(s):  
South Africa ◽  
Multinational Enterprises ◽  
Transfer Pricing ◽  
Tax Avoidance ◽  
Legal Framework ◽  
Content Type ◽  
Legal Provisions ◽  
Transfer Prices ◽  
To Come ◽  
A Minor

Purpose One of the most common forms of international tax avoidance is transfer pricing by multinational enterprises. The research will investigate on the factors that contribute to transfer pricing abuses. At present, there is no substantial and extensive transfer pricing rule in Mauritius. This paper aims to analyse the legal approaches to tackle transfer pricing issues that are undertaken by some countries whose taxation regime is similar to Mauritius. The selected countries are South Africa and UK. The objective behind the comparative study is to come up with the appropriate preventive and corrective measures for Mauritius. Design/methodology/approach The methodology adopted for this research consists of a critical analysis and comparative legal review of the relevant legislation, case law and literature. A minor quantitative analysis of the transfer pricing problem in Mauritius will be conducted, in terms of which interviews will be conducted with officials from different institutions in Mauritius. Findings The study will conclude that the absence of explicit formal rules on transfer pricing allows businesses to use the country to manipulate transfer prices to avoid paying taxes. Therefore, an amendment to Mauritius laws and regulatory framework is required to dissuade multinationals to engage in transfer pricing abuses. The study will conclude that the scope and application of the arm’s length principle needs to be formally set out in legislation and also, the use of Advance Pricing Agreements will also be recommended. Originality/value The research is among the first studies that compare Mauritius legal provisions on transfer pricing with that of South Africa and UK. The research is unique as it intends to provide fruitful recommendation to stakeholders in Mauritius to enhance the existing legal framework on the subject.

Transdisciplinary approach to natural resource governance research: a conceptual paper

2018 ◽  
Vol 29 (1) ◽  
pp. 15-33 ◽  
Author(s):  
Emmanuel Yeboah-Assiamah ◽  
Kobus Muller ◽  
Kwame Ameyaw Domfeh
Keyword(s):  
Natural Resource ◽  
Collaborative Governance ◽  
Research Process ◽  
Primary Data ◽  
Empirical Literature ◽  
Future Research ◽  
Research Approach ◽  
Content Type ◽  
Resource Governance ◽  
Natural Resource Governance

Purpose Natural resources in contemporary times are mostly managed by a collaborative governance approach which hinges on complex institutional designs (rules, norms and strategies). Many studies have been designed and carried out to assess collaborative governance, and the various institutional designs underpinning them. The purpose of this paper is to unpack the methodological gaps in natural resource governance research (with emphasis on co-management) and to conceptualise the appropriateness of Transdisciplinary (TD) research approach. Design/methodology/approach The paper adopts a critical stage review of relevant theoretical and empirical literature on natural resource governance. It discusses the complexities inherent in natural resource governance and juxtaposes these with the inherent weaknesses in methodologies employed by existing studies on the concept. The authors make a case for a TD research methodology that links scientists, practitioners and society in a joint problem design and solution process. Findings The authors register a “fuzziness” of the collaborative governance phenomenon but observe a methodological gap in existing studies on the concept. This paper discusses the complexities inherent. The paper describes TD as a “tailor-made approach” to solving complex societal issues and makes a case for its adoption in natural resource governance studies. Research limitations/implications This standalone paper is largely conceptual and not linked to any primary data; this notwithstanding, it synthesizes from both empirical and theoretical literature which would help shape future research endeavours in natural resource governance context. Practical implications With TD study oriented towards an epistemologically flexible approach, perspectives from different social and academic actors are integrated in this expanding field of research to address societal problems. Originality/value The paper provides a conceptual framework designating how actors interact in the TD research process as well as a “four-phase” approach in carrying out a TD research.

Experiences from the teacher-researcher’s perspective on learning study

2017 ◽  
Vol 6 (1) ◽  
pp. 45-55 ◽  
Author(s):  
Patrik Johansson ◽  
Anja Thorsten
Keyword(s):  
Classroom Practice ◽  
Primary Source ◽  
Teaching Experience ◽  
Research Process ◽  
Source Analysis ◽  
Variation Theory ◽  
Research Approach ◽  
Learning Study ◽  
Content Type ◽  
Teacher Researchers

Purpose The purpose of this paper is to analyze and discuss experiences, in terms of challenges and opportunities, of teacher-researchers who engage in research on the learning study approach. The following two questions will be addressed: how can the teaching experience influence, and become an asset, in the research process and what challenges do teachers face when they enter the research practice? Design/methodology/approach Each question will be explored through some empirically grounded themes. The analysis is based on experiences from participation in a PhD program, where learning study was used as a method and variation theory was the main theoretical framework. One learning study was focusing on creative writing in primary school and the other was focusing on historical primary source analysis in upper secondary school. Findings The first question is addressed through the following themes: choosing and identifying research problems; planning and conducting research lessons; analyzing research lessons and students’ learning; and process of self-reflection, and the second question through: teaching as an object of research; to use and develop theories; and communication and review in research. The findings indicate that learning study is a practice-based research approach where teaching experience and academic skills are intertwined in many ways. Both approaches bring opportunities as well as challenges. Originality/value The paper is expected to contribute insights and knowledge about the advantages, as well as hindrances to overcome, for teacher-researchers who use learning study as a research method. The results can also be related to the performing of action research in teachers’ classroom practice.

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