scholarly journals Nigeria’s upstream petroleum industry anti-corruption legal framework: the necessity for overhauling and enrichment

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Olusola Joshua Olujobi
Keyword(s):  
Research Work ◽  
Petroleum Industry ◽  
Legal Framework ◽  
Legal Regime ◽  
Political Will ◽  
Content Type ◽  
Record Keeping ◽  
Oil Contracts ◽  
The Government ◽  
Regulatory Intervention

Purpose This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry. Design/methodology/approach This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique. Findings This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country. Research limitations/implications Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings. Practical implications This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback. Social implications This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government. Originality/value The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.

The influence of legal framework on the Hellenic sector of public works

2018 ◽  
Vol 60 (5) ◽  
pp. 1196-1209
Author(s):  
Pavlos Metallinos
Keyword(s):  
Design Methodology ◽  
Research Work ◽  
Legal Framework ◽  
Public Works ◽  
Content Type ◽  
Legislative Framework ◽  
Annual Volume ◽  
Statistical Indicators ◽  
Total Circulation

Purpose This study aims to discover the motive for the time-to-time Hellenic collective capitalists’ intervention in the total circulation of capital of public works throughout the relative legislative framework. Thus the study attempts an original correlation of statistical indicators of Hellenic Statistical Authority with the legislative texts. Design/methodology/approach The Hellenic truth is that the branch of public works presents a peculiarity as far as the volume and quality of statistical facts and figures are concerned. To overcome this obstacle, this study analyzed the change of time series, relating the procedure of total circulation of contracting capital involved in public works with the content of the relative legislative rules which were applied during the period of 1958-2004 and their preambles. In this way, the annual volume of the constructional product in general is directly related with the particular characteristics that define the procedure of total circulation of the contracting capital in general. Findings The directly relation between the annual volume of the constructional Product in general and the particular characteristics that define the procedure of total circulation of the contracting capital in general, leads us to conclusions which, related with the policy and practices adopted by the collective capitalist, confirm or even set off eventual failures of respective conclusions drawn according to the prevailing concept. Originality/value By introducing the technique, the aim of this research work is achieved without reproducing the method of study and the conclusions of other researchers.

Skin lands in Ghana and application of blockchain technology for acquisition and title registration

2020 ◽  
Vol 12 (2) ◽  
pp. 147-169 ◽  
Author(s):  
Kwabena Mintah ◽  
Kingsley Tetteh Baako ◽  
Godwin Kavaarpuo ◽  
Gideon Kwame Otchere
Keyword(s):  
Current System ◽  
Land Acquisition ◽  
Content Type ◽  
Record Keeping ◽  
Blockchain Technology ◽  
Title Registration ◽  
The Government ◽  
Customary Land ◽  
Ownership Of Land ◽  
Land Transactions

Purpose The land sector in Ghana, particularly skin lands acquisition and title registration are fraught with several issues including unreliable record-keeping systems and land encroachments. The paper explores the potential of blockchain application in skin lands acquisition and title registration in Ghana with the aim of developing a blockchain-enabled framework for land acquisition. The purpose of this paper is to use the framework as a tool towards solving some of the loopholes in the process that leads to numerous issues bedeviling the current system. Design/methodology/approach The paper adopts a systematic literature review approach fused with informal discussions with key informants and leverages on the researchers’ own experiences to conceptualize blockchain application in skin lands acquisition in Ghana. Findings Problems bedeviling skin lands acquisition and title registration emanated from the issuance of allocation notes, payment of kola money and use of a physical ledger to document land transactions. As a result, the developed framework was designed to respond to these issues and deal with the problems. As the proposed blockchain framework would be a public register, it was argued that information on all transactions on a specific parcel of land could be available to the public in real-time. This enhances transparency and possibly resolves the issue of encroachments and indeterminate land boundaries because stakeholders can determine rightful owners of land parcels before initiating transactions. Practical implications Practically, blockchain technology has the potential to deal with the numerous issues affecting the smooth operation of skin lands acquisition and title registration in Ghana. Once the enumerated issues are resolved, there will be certainty of title to and ownership of land and property to drive investments because lenders could more easily ascertain owners of land parcels that could be used as collateral for securing loans. Similarly, property developers and land purchasers could easily identify rightful owners for land transactions. The government would be able to identify owners for land and property taxation. Originality/value This paper contributes to the literature on blockchain and application to land acquisition and title registration with a focus on a specific customary land ownership system.

Knowledge search and open innovation performance in an emerging market

2017 ◽  
Vol 55 (4) ◽  
pp. 634-647 ◽  
Author(s):  
Dan Zhang ◽  
Shengxiao Li ◽  
Dengpan Zheng
Keyword(s):  
Open Innovation ◽  
Positive Relationship ◽  
Emerging Market ◽  
Research Work ◽  
Innovation Performance ◽  
Hierarchical Regression ◽  
Content Type ◽  
Good Relationship ◽  
Knowledge Search ◽  
The Government

Purpose The purpose of this paper is to examine how knowledge search (KS) affects open innovation performance (OIP) in consideration of appropriability hazard in an emerging market context. Design/methodology/approach The authors identify two types of appropriability hazard related to KS activities in the improvement of OIP: partner-related and market-related hazards, and construct a model of KS to the OIP with the government-enterprise relationship and market focus (MF) as moderating factors of the analysis framework, using the hierarchical regression analysis based on a survey sample of 258 Chinese companies. Findings The authors find that KS has a stronger positive relationship with OIP in international market-focused enterprises compared with domestic market-focused enterprises. In addition, using a configuration approach, the authors find that KS is more positively related to OIP when enterprises have an international MF and a good relationship with the government, but less in other MF government and enterprises relationship configurations. Originality/value This paper contributes to previous research work by identifying two types of appropriability hazard related to KS activities in emerging market countries: partner-related and market-related hazards. The authors argue that a positive relationship between KS and OIP is more likely to occur if these appropriability hazards can be mitigated by export MF and a good relationship with the government which has not been demonstrated in previous research.

scholarly journals Austria

2020 ◽  
Vol 20 (62) ◽  
Author(s):  
Keyword(s):  
Financial Crisis ◽  
Crisis Management ◽  
Legal Framework ◽  
Contingency Planning ◽  
Legal Regime ◽  
Bank Resolution ◽  
National Bank ◽  
Ministry Of Finance ◽  
The Government ◽  
Deposit Guarantee Schemes

This note assesses and makes recommendations regarding bank resolution and crisis management arrangements. The scope of the assessment includes the institutional arrangements for recovery, resolution, and crisis management; the supervision of banks’ recovery plans; the legal regime for bank bankruptcy and resolution; resolution planning by the authorities and addressing impediments to resolution; assuring funding to support resolution; the two deposit guarantee schemes; and the government authorities’ collective preparedness to deal with financial crisis. The authorities relevant to this note are the Ministry of Finance (MOF), the Financial Market Authority (FMA), and the Austrian National Bank (OeNB). Main findings: Recovery and resolution planning are well advanced. Key impediments to resolution have been identified and are being addressed, yet adequate means to ensure sufficient funding in resolution remains to be determined. The legal framework is sound, although additional flexibility could be provided in the bankruptcy regime. The authorities’ collective contingency planning for financial crisis and testing of plans should be intensified. The following paragraphs elaborate on these and other matters.

Angolan privatisation will test Lourenco reform agenda

2019 ◽  
Keyword(s):  
Legal Framework ◽  
Institutional Changes ◽  
Content Type ◽  
Reform Agenda ◽  
Political Interference ◽  
The Us ◽  
Privatisation Programme ◽  
The Government ◽  
Oil Revenues

Significance Lourenco’s government launched in August its flagship Privatisation Programme (PROPRIV), with 195 companies and assets set to be either fully or partially sold. With a legal framework in place promising ostensible transparency, the process is officially set to take four years. Impacts UNITEL's proposed privatisation will likely create new conflict between the Dos Santos family and Lourenco after a period of accommodation. Ruling MPLA bureaucrats will strongly resist the (part-)privatisation of former cash cows, such as national carrier TAAG. Corruption in Sonangol’s external operations may have lessened under Lourenco, but political interference remains rife in its subsidiaries. The US authorities may pressure Luanda to use revenues from PROPRIV to settle outstanding debts to US firms. The government will look to the diamond sector to boost non-oil revenues, after recent institutional changes and a new tender process.

Social media in aid of post disaster management

2020 ◽  
Vol 14 (2) ◽  
pp. 237-260 ◽  
Author(s):  
Ajree Ducol Malawani ◽  
Achmad Nurmandi ◽  
Eko Priyo Purnomo ◽  
Taufiqur Rahman
Keyword(s):  
Social Media ◽  
Big Data ◽  
Content Analysis ◽  
Disaster Management ◽  
Practical Implication ◽  
Legal Framework ◽  
Topic Modelling ◽  
Content Type ◽  
The Government ◽  
Post Disaster

Purpose This paper aims to examine tweet posts regarding Typhoon Washi to contend the usefulness of social media and big data as an aid of post-disaster management. Through topic modelling and content analysis, this study examines the priorities of the victims expressed in Twitter and how the priorities changed over a year. Design/methodology/approach Social media, particularly Twitter, was where the data gathered. Using big data technology, the gathered data were processed and analysed according to the objectives of the study. Topic modelling was used in clustering words from different topics. Clustered words were then used for content analysis in determining the needs of the victims. Word frequency count was also used in determining what words were repeatedly used during the course period. To validate the gathered data online, government documents were requested and concerned government agencies were also interviewed. Finding Findings of this study argue that housing and relief goods have been the top priorities of the victims. Victims are seeking relief goods, especially when they are in evacuation centres. Also, the lack of legal basis hinders government officials from integrating social media information unto policymaking. Research limitation This study only reports Twitter posts containing keywords either, Sendong, SendongPH, Washi or TyphoonWashi. The keywords were determined based on the words that trended after Typhoon Washi struck. Practical implication For social media and big data to be adoptable and efficacious, supporting and facilitating conditions are necessary. Structural, technical and financial support, as well as legal framework, should be in place. Maintaining and sustaining positive attitude towards it should be taken care of. Originality/value Although many studies have been conducted on the usefulness of social media in times of disaster, many of these focused on the use of social media as medium that can efficiently spread information, and little has been done on how the government can use both social media and big data in collecting and analysing the needs of the victims. This study fills those gaps in social big data literature.

Cloud doctrine: impact on cloud adoption in the government organizations of India

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kshitij Kushagra ◽  
Dr Sanjay Dhingra
Keyword(s):  
Cloud Computing ◽  
Research Work ◽  
Time Frame ◽  
Government Procurement ◽  
Cloud Services ◽  
Content Type ◽  
Cloud Adoption ◽  
Government Organizations ◽  
Policy Refinement ◽  
The Government

Purpose Government is the biggest spender on cloud computing technology but a very limited study and data sets are available to assess the cloud adoption trends in government organizations in India. As India is ushering towards “Digital India” it becomes essential for the government to embrace the cloud to enhance governance and meet the citizen expectations. This paper aims to discuss the evolution of cloud computing (Meghraj) in government organizations by examining the various information technology (IT) and cloud policies, thereby focusing on the policy gaps. The second part of this study assesses the cloud adoption trend by analyzing adopted cloud services, deployments models, leading sectors in cloud adoption and cloud approach. Eventually, in consultation with experts, a conceptual framework for cloud adoption in the government organizations of India is developed for wider cloud adoption. Design/methodology/approach The authors reviewed various IT/cloud policies and related literature to find the policy gaps for slow cloud adoption in government organizations. Authors have researched to collect the data from the various government procurement portals and analysed the tender and contracts of 500 organizations for cloud requirements to infer the cloud adoption trends. Based on the review of policy gaps, adoption trends and by consulting the experts a conceptual cloud adoption framework has been developed for wider cloud adoption in government organizations. Findings This study can be a pathfinder where the most innovative findings are about the cloud adoption trends in the government organizations in the time frame from 2013 till 2020. Several key findings are – the public cloud are the most widely adopted, infrastructure as a service model is the most used services, the majority of the applications migrating to the cloud are legacy applications, the leading sector in cloud adoption are – IT, transport and education. It is observed that the pandemic Covid-19 has acted as a catalyst and accelerated cloud adoption in government organizations. Eventually, a conceptual cloud adoption framework has been suggested addressing the policy gaps, deficiencies, overcoming the gaps and their related outcomes for the wider cloud adoption in the government organizations. Practical implications The findings of this work highlight the cloud adoption trends in government organizations which can prove vital to the policymakers. This work will assist policymakers, government organizations, researchers, IT professionals and others interested in analyzing the state of cloud adoption. The conceptual cloud adoption framework developed endeavours to uncover the policy gaps, suggest the gap resolution mechanism and outcomes which may assist the organization for wider cloud adoption. This research work effectively connects the policies to practice by stimulating the interest in understanding the policies, strategies and thereby creating the enabling environment for cloud adoption. This study provides feedback on cloud adoption trends which can assist in policy refinement and further strengthen policy/strategies. Originality/value As of date, there is limited data available for cloud adoption in government organizations. This work uniquely presents the cloud projections which helps to gain insights on cloud adoption trends in government organizations. This study is the first of its kind, focusing on cloud adoption in the unexplored government sector. This study provides a comprehensive summary of adoption statistics, policy analysis and practice in government organizations of India.

Records management and procurement performance

2017 ◽  
Vol 27 (3) ◽  
pp. 256-274 ◽  
Author(s):  
Juliet Namukasa
Keyword(s):  
Information Management System ◽  
Records Management ◽  
Ethical Practices ◽  
Content Type ◽  
Record Keeping ◽  
Government Sector ◽  
Inadequate Knowledge ◽  
Efficient Information ◽  
The Government ◽  
Significant Cost Reduction

Purpose The purpose of this study was to examine the influence procurement records management had on the performance of the procurement function under the National Agricultural Advisory Services (NAADS). Design/methodology/approach The study used both qualitative and quantitative approaches to research. Procurement records management was the independent variable, while procurement performance was the dependent variable. The study also adopted a simple correlation and case study design. An accessible population of 101 respondents was identified, with 93 forming a sample. An 88% response rate was realized. Findings Results indicated that procurement records management had a significant effect on procurement performance. Whereby, there was a positive and statistically significant relationship between records creation and procurement performance; there was a positive relationship between records maintenance, preservation and procurement performance; and, finally, records access and use also had a positive significant influence on procurement performance. Research limitations/implications This research focused on the central region of Uganda, and yet, Uganda has got so many other regions which operate the NAADS programs. This means that research was conducted within a defined scope. Therefore, based on this, the researcher could not generalize the research findings. Practical implications Findings imply that ethical practices should be emphasized and custodians of procurement records be held accountable for their actions, as this will help in the support of proper record-keeping and avoid documents not being on file, misplaced or misfiled, which negatively affects procurement performance. Enabling a more efficient information management system results into effective procurement performance that leads to significant cost reduction in both the private and the government sector, especially when digital records are involved. Social implications As majority of the NAADS staff were found to possess inadequate knowledge in records maintenance and preservation, the government through the NAADS training committees should organize timely workshops to sensitize staff on how best records maintenance and preservation is core to its operations. Originality/value This study contributes to an important area which has not been given attention in the Ugandan context, where there is difficulty of relating the value of effective records maintenance to business management because of the lack of quantifiable evidence. Therefore, the study highlights the influence of records creation, maintenance and use on procurement performance. The review of literature finds that better records management results into better performance of the procurement units in procurement entities.

Leadership and political will for implementation of the access to information (ATI) Act (2016) in Kenya

2019 ◽  
Vol 29 (1/2) ◽  
pp. 117-133
Author(s):  
Victor Kabata ◽  
Francis Garaba
Keyword(s):  
Action Plan ◽  
Theoretical Models ◽  
Records Management ◽  
Successful Implementation ◽  
Access To Information ◽  
Political Will ◽  
Economic Rights ◽  
Content Type ◽  
Informed Citizenry ◽  
The Government

PurposeThe purpose of this paper is to demonstrate the importance of leadership and political will towards successful implementation of an access to information (ATI) legislation.Design/methodology/approachThe paper adopted a mixed methods approach with a bias towards a quantitative survey, complemented by a qualitative follow-up and triangulation during data collection. A complement of theoretical models underpinned the paper, thus enhancing understanding of the multifaceted phenomenon of ATI.FindingsThe paper revealed that the state has demonstrated leadership and political will for ATI by developing government-wide records management manual for public entities; developing an ATI implementation action plan and availing resources for ATI. However, there is need to review laws that perpetuate secrecy; formulate regulations to operationalize the Act and allocate adequate finances for ATI activities.Research limitations/implicationsThe paper focused on assessing the extent of leadership and political will on the executive arm of the government excluding the Judiciary and the legislature.Practical implicationsThe paper proposes an ATI implementation roadmap, which can be adopted by other countries with comparable contexts.Social implicationsThe proposed action plan if adopted will result in an informed citizenry that understands and leverages ATI to claim their socio-economic rights.Originality/valueThe paper provides empirical evidence on some aspects of leadership such as the ministries with ATI policy; level of engagement of policy-makers in ATI matters and the availability of resources for ATI. Further, the paper adopted a multidisciplinary approach by including the concept of ‘meaningful engagement’ whose theoretical foundation is in law to the concept of access to information.

scholarly journals Legal and regulatory barriers to effective public-private partnership governance in Kazakhstan

2015 ◽  
Vol 28 (3) ◽  
pp. 181-197 ◽  
Author(s):  
Nikolai Mouraviev ◽  
Nada K. Kakabadse
Keyword(s):  
Government Regulation ◽  
Legal Status ◽  
Legal Framework ◽  
Public Agencies ◽  
Content Type ◽  
The Public ◽  
Wage Rates ◽  
Purposeful Sampling ◽  
The Government ◽  
Definition Of

Purpose – The purpose of this paper is to provide a critical assessment of legal and regulatory impediments to effective governance of public-private partnerships (PPPs) in Kazakhstan. Design/methodology/approach – The qualitative study develops propositions from the PPP literature and then tests them against findings from in-depth interviews. Interviewees have been selected by a purposeful sampling from PPP projects in Kazakhstan as well as from national and regional PPP centres. Findings – The identified barriers to effective PPP management include irregularities in the PPP legal framework, such as lack of legal definition of a PPP and controversy with the government guarantee’s legal status for its long-term payments to partnerships; bureaucratic tariff setting for partnership services; non-existent opportunity for private asset ownership; and excessive government regulation of PPP workers’ wage rates. Practical implications – The partners’ opposing perspectives on a number of PPP issues show that management needs to identify and carefully reconcile stakeholder values in a partnership in order to achieve more effective PPP governance. Practitioners, particularly those in the public agencies, have to be concerned with ways to reduce the government overregulation of the private operators, which is likely to result in greater PPP flexibility in management and, ultimately, higher efficiency in delivering the public services. Originality/value – By elucidating multiple examples of overregulation and PPPs’ inefficiency, the paper demonstrates that the government dominance in PPP management is conceptually inappropriate. Instead, the government should adopt the concept of co-production and manage its relations with the private sector partner in a collaborative fashion.

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