China’s cybersecurity risks likely to outpace reform

2021 ◽  
Keyword(s):  
Critical Infrastructure ◽  
Restricted Access ◽  
Content Type ◽  
Domestic Technology ◽  
Foreign Counterpart ◽  
The Law

Significance The law underlines the government’s effort to boost the cybersecurity of Chinese networks, especially of critical infrastructure. China presents itself as a major victim of cyberattacks, including from foreign actors, just as it draws growing criticism from Western governments as a leading sponsor of hacks, espionage operations and intrusions. Impacts Foreign cybersecurity services providers will have restricted access to China’s market. Chinese tech indigenisation could weaken its cybersecurity if domestic technology is less secure than its foreign counterpart. Beijing will counter but avoid publicly attributing cyberattacks to specific state-linked actors.

The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court

2018 ◽  
Vol 60 (2) ◽  
pp. 221-232
Author(s):  
Tareq Na’el Al-Tawil ◽  
Prabhakar Gantasala ◽  
Hassan Younies
Keyword(s):  
English Language ◽  
Geographical Area ◽  
Legal Framework ◽  
Negative Consequences ◽  
Content Type ◽  
Limited Volume ◽  
Financial Centre ◽  
The World ◽  
Long Time ◽  
The Law

Purpose This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a well-developed legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed to fulfill its primary purpose. Thus, the paper has identified a certain tendency concerning the expansion.

Opposition weakness will help Polish ruling coalition

2021 ◽  
Keyword(s):  
The State ◽  
Independent State ◽  
Content Type ◽  
State Institutions ◽  
Party Control ◽  
State Of The Economy ◽  
The Media ◽  
The Law ◽  
Law And Justice

Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.

The financial impact of the financial fair play policy on Spanish football

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Roberto Fernández-Villarino ◽  
J. Andrés Domínguez-Gómez
Keyword(s):  
Financial Performance ◽  
Fiscal Year ◽  
Professional Football ◽  
Content Type ◽  
General Terms ◽  
Football Clubs ◽  
Before And After ◽  
The Law ◽  
Compliance With The Law ◽  
Positive Effect

PurposeThis study aims to explore how responsible corporate behaviour, specifically self-imposed financial regulatory control, might subsequently be reflected in the financial performance of companies subject to such regulation.Design/methodology/approachIn this study, the authors aim to explore how financial compliance in the form of the Economic Control Regulation (ECR) has impacted on the financial performance of professional football clubs in Spain. To this purpose, the authors adopted a quasi-experimental before and after study design. This type of design assesses the object of study before and after a specific event in order to determine whether this event has had any effects on the object. In this case, the event was the coming into effect of the ECR in the fiscal year of 2012, and the object hypothetically affected was the clubs’ economic performance.FindingsThe authors can confirm that in general terms and for the whole set of clubs analysed, the ECR has had a strong and positive effect on financial performance.Research limitations/implicationsIn this study, the authors wish to establish a link between the idea of “compliance” and that of “responsible corporate management practice”. It is not just a matter of compliance with the law. The fact of complying with certain laws could, in general terms, or from the point of view of common sense, be qualified as “responsible behaviour”. However, under the contemporary concept of corporate responsibility, compliance with the law is a behaviour that must be taken for granted. Responsibility, therefore, would entail going beyond such expected behaviour to one that exceeds the environment's expectation of the corporate actor.Practical implicationsWhat extent improvements in financial performance have also boosted social performance. Confirming such a positive effect endorses the argument that ethical improvements in corporate culture have a general effect on business sustainability in its different aspects: economic, social, environmental and in governance.Social implicationsThe authors may foresee that the culture of compliance will spread from the finance departments to other management areas. Its connection with ethical business practice is directly linked to the more complex concept of the “citizen company”. There are suggest interesting bases on which professional football clubs might move from a traditional profit-oriented company model towards a more contemporary one oriented towards relationships of integrity with the sport's environment. This study shows that the ECR has been a starting point for the development of Spanish professional football clubs towards this type of “citizen company”.Originality/valueIt was a single-sector study whose principal value lies in the verification of whether responsible economic management (the main consequence of applying the ECR) had any effects on company profits, financial results and other important indicators. In addition to fostering responsibility, this new management model involves a special innovation, as it is based on self-regulation (i.e. on regulations not imposed by national or supranational states), designed and implemented to ensure the sector's viability.

The essential role of the investigation in fighting economic crime in Italy

2016 ◽  
Vol 23 (2) ◽  
pp. 465-480 ◽  
Author(s):  
Domitilla Vanni
Keyword(s):  
Money Laundering ◽  
Comparative Method ◽  
Economic Crime ◽  
European Convention ◽  
Right To Privacy ◽  
Content Type ◽  
Community Law ◽  
The Law ◽  
Financing Of Terrorism ◽  
The Right

Purpose This paper aims to analyse the evolution of European anti-money laundering discipline passing from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and financial intermediaries, that has been furthermore extended to some activities and professions outside the financial sector. The research examines the different steps done buy Italian Legislation in the field of economic crime: at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), they transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, that has implemented Directive 2001/97/EC. Now it is urgent to implement Directive 2005/60/EC that has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Design/methodology/approach This paper deals with the Legislations of some European States (in particular UK and Italy) interpreting them by a comparative method. Findings This paper has put in clear some differences and some analogies between national legislations of different countries. Research limitations/implications In Italy, at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), has transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, has implemented Directive 2001/97/EC. In 2005, Directive 2005/60/EC has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Practical implications In the context of economic crime, capital investigations represent one of the most effective tools to fight the activities of organized crime in the phase of managing wealth illicitly produced and its immission in the circuit of the legal economy. Social implications The need of fighting economic crime must always be harmonized with the protection of right to privacy that has been acknowledged by Article 8 of the European Convention of Human Rights of 1950 as a fundamental right. Originality/value This paper develops the need to balance the right to privacy of every European citizen (Article 8 CEDU) with investigative power exercised by Public or Private Authorities, considering the possibility to comprise the first – if necessary – to allow the regular exercise of the second.

Unfair dismissal in the Mauritius context: a comparative study

2018 ◽  
Vol 60 (6) ◽  
pp. 1299-1312
Author(s):  
Ambareen Beebeejaun
Keyword(s):  
Design Methodology ◽  
Research Work ◽  
Procedural Fairness ◽  
Content Type ◽  
Monetary Compensation ◽  
Unfair Dismissal ◽  
The Subject ◽  
The Law ◽  
Employment Rights ◽  
Practical Recommendations

Purpose The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations. Design/Methodology/Approach To critically examine the topic, the black letter approach is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness. Findings From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy. Originality/Value This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.

Mental capacity and deprivation of liberty: the Law Commission’s consultation paper

2015 ◽  
Vol 17 (5) ◽  
pp. 331-334 ◽  
Author(s):  
Tim Spencer-Lane
Keyword(s):  
Design Methodology ◽  
Service Users ◽  
Consultation Process ◽  
Content Type ◽  
Opportunity To Respond ◽  
Future Paper ◽  
The Law ◽  
Practical Implications ◽  
Consultation Paper ◽  
Law Commission

Purpose – The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty Safeguards (DoLS). Design/methodology/approach – Discussion of the consultation being held by the Law Commission concerning proposed revisions to the DoLS. Findings – These are as yet unknown as the consultation period is ongoing – it is planned that a future paper will examine the findings and recommendations from the consultation process. Practical implications – There has been criticism of the DoLS since their introduction in 2009. A new scheme provides the opportunity to respond to some of the criticisms and to develop more appropriate processes. The paper invites readers to take part in the consultation process and to respond to the proposals that have been developed. Social implications – A new and more appropriate scheme would be beneficial for service users and families/caregivers. Originality/value – This is the first opportunity for a revision to the DoLS scheme and introduction of the proposed scheme and the consultation process to the readership is highly appropriate and valuable to the Journal.

scholarly journals Introduction: cultivation, medication, activism and cannabis policy

2018 ◽  
Vol 18 (2) ◽  
pp. 73-79 ◽  
Author(s):  
Melissa Bone ◽  
Gary Potter ◽  
Axel Klein
Keyword(s):  
Policy Change ◽  
Drug Users ◽  
Illicit Drug ◽  
Home Production ◽  
Content Type ◽  
Grass Roots ◽  
Current State ◽  
The Law ◽  
Cannabis Policy ◽  
Practical Implications

Purpose The purpose of this paper is to introduce the special issue on Illicit Cannabis Cultivation in a Time of Policy Change. Design/methodology/approach The paper reviews some of the different adaptations made by cannabis growers in countries where cannabis has not been legalised. Findings Cannabis growers are adjusting to different legal settings by focusing on home production. Participation in cultivation is a crime, but can also be activism: an effort to change the law. Medical use of cannabis is a particularly important driver here. Having to break the law to alleviate symptoms and treat illnesses provides both a greater sense of urgency and a level of sympathy not usually granted to illicit drug users. Practical implications Grass-roots advocacy may drive policy change. Originality/value This is an original assessment of current state of knowledge on cannabis cultivation in countries where cannabis cultivation remains restricted.

Exchange rate appreciation, trade competition and technology transaction: evidence from China

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Dingping Cheng ◽  
Sumei Gan
Keyword(s):  
Exchange Rate ◽  
Content Type ◽  
Independent Innovation ◽  
Domestic Technology ◽  
Rmb Appreciation ◽  
Technology Market ◽  
Export Competition ◽  
The Impact ◽  
Foreign Enterprises ◽  
Trade Competition

PurposeThe purpose of this study is mainly to investigate the stimulating effect on technology transactions of trade competition resultant from RMB appreciation.Design/methodology/approachThis study uses Chinese provincial panel data from 1998 to 2015 and utilizes GMM method to estimate the stimulating effect of RMB appreciation on technical transactions through trade competition.FindingsThe results demonstrate that RMB appreciation can encourage enterprises to make use of domestic technology market resources for innovation. Specifically, the increase in imports due to the appreciation of RMB can generate technology spill-over and significantly promote technology trade. The export competition resultant from RMB appreciation can also encourage domestic and foreign enterprises to enhance export competitiveness through increased technology transactions.Originality/valueThe current research investigates the impact of exchange rate on independent innovation, but this study demonstrates the influence of exchange rate on technology transactions. In addition, the data in this study cover 1998–2015 in China and thus contributes to determining the effects of exchange rate appreciation in emerging countries.

Cybersecurity capabilities for critical infrastructure resilience

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Masike Malatji ◽  
Annlizé L. Marnewick ◽  
Suné Von Solms
Keyword(s):  
Cloud Computing ◽  
Best Practice ◽  
Critical Infrastructure ◽  
Integrated Approach ◽  
Cyber Attacks ◽  
Industrial Control Systems ◽  
Content Type ◽  
Goods And Services ◽  
Standards And Guidelines ◽  
Attack Surfaces

Purpose For many innovative organisations, Industry 4.0 paves the way for significant operational efficiencies, quality of goods and services and cost reductions. One of the ways to realise these benefits is to embark on digital transformation initiatives that may be summed up as the intelligent interconnectivity of people, processes, data and cyber-connected things. Sadly, this interconnectivity between the enterprise information technology (IT) and industrial control systems (ICS) environment introduces new attack surfaces for critical infrastructure (CI) operators. As a result of the ICS cybersecurity risk introduced by the interconnectivity between the enterprise IT and ICS networks, the purpose of this study is to identify the cybersecurity capabilities that CI operators must have to attain good cybersecurity resilience. Design/methodology/approach A scoping literature review of best practice international CI protection frameworks, standards and guidelines were conducted. Similar cybersecurity practices from these frameworks, standards and guidelines were grouped together under a corresponding National Institute of Standards and Technology (NIST) cybersecurity framework (CF) practice. Practices that could not be categorised under any of the existing NIST CF practices were considered new insights, and therefore, additions. Findings A CI cybersecurity capability framework comprising 29 capability domains (cybersecurity focus areas) was developed as an adaptation of the NIST CF with an added dimension. This added dimension emphasises cloud computing and internet of things (IoT) security. Each of the 29 cybersecurity capability domains is executed through various capabilities (cybersecurity processes and procedures). The study found that each cybersecurity capability can further be operationalised by a set of cybersecurity controls derived from various frameworks, standards and guidelines, such as COBIT®, CIS®, ISA/IEC 62443, ISO/IEC 27002 and NIST Special Publication 800-53. Practical implications CI sectors are immediately able to adopt the CI cybersecurity capability framework to evaluate their levels of resilience against cyber-attacks, given new attack surfaces introduced by the interconnectivity of cyber-connected things between the enterprise and ICS levels. Originality/value The authors present an added dimension to the NIST framework for CI cyber protection. In addition to emphasising cryptography, IoT and cloud computing security aspects, this added dimension highlights the need for an integrated approach to CI cybersecurity resilience instead of a piecemeal approach.

KwaZulu-Natal instability weakens South African state

2021 ◽  
Keyword(s):  
South African ◽  
Critical Infrastructure ◽  
African State ◽  
Strategic Communication ◽  
Vote Share ◽  
Gauteng Province ◽  
Municipal Elections ◽  
Content Type ◽  
Death Toll ◽  
Kwazulu Natal

Significance The incarceration of former President Jacob Zuma sparked looting, destruction of critical infrastructure and denial of strategic communication routes. Inter-communal confrontations in Indian areas near Durban helped to boost the provincial death toll to 251, as against 76 in the more populous Gauteng Province. KZN’s demographic, historical, economic and strategic features make its stability particularly precarious. Impacts The ANC will likely lose vote share in KZN in upcoming municipal elections. KZN is the most likely location for any repeat of the July uprising. The proliferation of local militias during the July uprising will further erode state authority.

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