scholarly journals ‘ISOLATED IN OUR OWN NEIGHBOURHOOD’: ANALYSIS ON THE PROPOSAL TO REGULATE PEER-TO-PEER ACCOMMODATION SERVICES IN MALAYSIA

2021 ◽  
Vol 29 (2) ◽  
pp. 271-298
Author(s):  
Mahyuddin Daud ◽  
Norlaili Mat Isa
Keyword(s):  
State Level ◽  
Legal Framework ◽  
Peer To Peer ◽  
Disruptive Technology ◽  
Structured Interviews ◽  
Regulatory Requirements ◽  
Safety Requirements ◽  
Neighbourhood Analysis ◽  
The Government ◽  
Regulatory Guideline

Peer-to-Peer Accommodation services (P2PA) are mushrooming worldwide due to the expansion of digital services and Internet access. Since P2PA services operate fully online, small establishments utilise disruptive technology and surpass traditional hoteliers by surprise. In the first part of this article, we examine the problems caused by P2PA for ‘playing on an uneven field’, avoiding necessary taxes, skipping regulatory and safety requirements, and causing loss of tranquillity to the neighbourhood. Due to these problems, a proposal was moved by the government to regulate P2PA in Malaysia via a self-regulatory guideline, as analysed in the second part of the article. However, due to its non-binding status, the proposal will arguably lead to irregularities in regulatory mechanisms at the state level when enforced. P2PA hosts were asked to comply with regulatory requirements similar to hoteliers, but the platform providers have arguably avoided any P2PA related liability nor responsibility as they operate offshore. Applying qualitative research methods via content analysis and semi-structured interviews, the article concludes by proposing a legal framework to regulate the P2PA platform providers, including hosts and agents, which is deemed timely and necessary for Malaysia to safeguard the interests of both tourists and stakeholders.

scholarly journals Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton
Keyword(s):  
Market Share ◽  
State Level ◽  
Legal Framework ◽  
The State ◽  
General Motors ◽  
Current Crisis ◽  
State Laws ◽  
Distribution Costs ◽  
Retail Prices ◽  
The Government

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.

Industrial Legislation in 2008

2009 ◽  
Vol 51 (3) ◽  
pp. 297-311 ◽  
Author(s):  
Carolyn Sutherland
Keyword(s):  
State Level ◽  
Legal Framework ◽  
The State ◽  
Relative Simplicity ◽  
Workplace Relations ◽  
Key Features ◽  
The Creation ◽  
The Government ◽  
Work Choices ◽  
The Way

In March 2008, the Rudd Government started to dismantle Work Choices. The Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) reintroduced agreement-making safeguards, and removed the option of making Australian Workplace Agreements. The legislation also provided the legal framework for the creation of `modern awards', paving the way for the more far-reaching reforms that are outlined in the Fair Work Bill 2008 (Cth). The first section of the article examines these transitional measures. The second section briefly considers the key features of the Fair Work Bill, concluding that its content and relative simplicity are broadly consistent with the promises made by the Government in its pre-election Forward with Fairness policy. Finally, the article highlights some of the legislative developments at the State level in 2008.

scholarly journals Review of standard regulations on the processing of fishery products in Indonesia

2021 ◽  
Vol 919 (1) ◽  
pp. 012007
Author(s):  
H Suseno ◽  
Suadi
Keyword(s):  
Quality Assurance ◽  
Food Safety ◽  
Business Environment ◽  
Regulatory Requirements ◽  
Safety Requirements ◽  
Business Ecosystem ◽  
Fishery Products ◽  
The Government ◽  
Fish And Fishery Products ◽  
Implementation Of Standards

Abstract Standards for processing fishery products are intended to provide quality assurance and safety for fishery products. The implementation of standards involves various parties, including the governments, business actors, and consumers. Regulation on the application of standards need to be issued so that it can provide optimal benefits in accordance with the objectives of the standard. This study aimed to review the regulations regarding the application of standards governing the implementation of a quality assurance system and food safety in fishery products. This study is a policy review on legal and documents related to processed fish products. The application of standards is to provide an understanding of the methods, to practices how to produce fishery products in accordance with the requirements and food safety concerns, as well as to meet the regulatory requirements. The standards for fishery processing products include regulations in several ministries which include SKP, PMMT/HACCP, Distribution License, Halal, and SNI. The standards are enforced by some institutions that have the potential for over-regulation and duplication. The regulations need to be simplified and integrated to hinder fishery business yet improving the business ecosystem. The Government stipulated the CK Law and its derivative regulations to simplify the regulations without ignoring the food safety requirements and ensuring a conducive business environment. After being fully implemented, the effectiveness of the CK Law needs to be reviewed for improving the implementation of regulations, particularly for fish and fishery products in the future.

scholarly journals The Construction Subcontracting Policy Framework for Developing Local Contractors Capacities in Zambia

2020 ◽  
Vol 4 (1) ◽  
pp. 60-70
Author(s):  
M. Mambwe ◽  
E. M. Mwanaumo ◽  
F. Phiri ◽  
K. Chabota
Keyword(s):  
Construction Industry ◽  
Policy Framework ◽  
Primary Data ◽  
Structured Interviews ◽  
Regulatory Requirements ◽  
Building Capacity ◽  
The Past ◽  
The Republic ◽  
The Government ◽  
Method Approach

The Zambian construction industry, like many developing countries, has over the past years experienced an imbalance in the distribution of works between local and foreign contractors. In a bid to bridge the gap, the Government of the Republic of Zambia in 2012 introduced a policy on subcontracting which provided for mandatory subcontracting of 20% of all major contracts to local contractors. There has however been outcries from subcontractors that the policy has not been beneficial. The study sought to investigate subcontracting practices in order to develop a framework for building capacity for local contractors within the construction industry in Zambia. The objective of the study was to explore the regulatory requirements on subcontracting in Zambia and establish the 20% subcontracting policy inadquescies . The study adopted the mixed-method approach in which both semi-structured interviews (main contractors, sub-contractors consultants and project owners) and survey questionnaire were adopted for primary data collection. The questionnaire was distributed to 70 respondents and a response rate of 71% was attained. The investigation was conducted on 40 projects implemented in Zambia between 2012 and 2015. The study established four major deficiencies of the policy which include: subcontractors do not participate early in the procurement process and are introduced after contract is awarded; no clear guidelines on the implementation of the policy; subcontractors do not take part in determining works; and it is difficult to grow capacity of local contractors using the 20% subcontracting policy because contractors engaged to be main on projects do not show interest in developing and building local contractors capacity due to lack of incentives. A framework was developed that can be used to meet the study objectives and that of the policy in subcontracting and reduce the current inadequacies. The study recommended the use of the proposed framework by the government to reduce the current gaps.

The Investment Climate in Russia

2006 ◽  
pp. 48-77
Author(s):  
Article Editorial
Keyword(s):  
Money Demand ◽  
State Level ◽  
Decision Making Process ◽  
Investment Climate ◽  
Operational Environment ◽  
Gdp Growth Rate ◽  
External Conditions ◽  
Potential Gdp ◽  
The Government ◽  
Economic Boom

During the last six years, exceptionally favourable external conditions for an upsurge of the domestic economy have been developed. However, they failed to result in an economic boom, which has been estimated by the authors as quite possible. One of the reasons for this - deterioration of the investment climate in the country that caused a decline of business activities and money demand decrease thus leading to reduction of potential GDP growth rate. The accumulated modernisation problems cannot be resolved without increasing the economic dynamics. But this requires an economic policy able to facilitate predictability of Russian business operational environment, to protect it legally, to secure a system of partnership relations with the government and to respect the interests of the main participants in the state level decision-making process concerning business undertakings and investment climate.

Management of Records in Adapted Buildings as Records Centres in Zimbabwe

Mousaion ◽  
2018 ◽  
Vol 35 (3) ◽  
Author(s):  
Samson Mutsagondo ◽  
Getrude Maduyu ◽  
Godfrey Tsvuura
Keyword(s):  
Qualitative Research ◽  
Case Study Research ◽  
Research Approach ◽  
Records Management ◽  
Personal Observation ◽  
Structured Interviews ◽  
Design Data ◽  
Professional Management ◽  
The Government

This paper discusses the challenges of records management that arise from the use of adapted buildings as records centres in Zimbabwe, despite the advantages of using such buildings. A qualitative research approach was used as well as a case study research design. Data were collected from seven officers of the Gweru Records Centre through semi-structured interviews. Personal observation was used to triangulate findings from interviews. It was found that the use of adapted buildings as records centres was a cheaper and quicker way of establishing records centres throughout the country. However, a number of preservation, security and management challenges cropped up as the conditions of the buildings and the environment of the adapted buildings were not conducive to the proper and professional management of records. This study is important in that it explores the prospects and challenges of using adapted buildings as records centres in Zimbabwe, an area that has not been researched by many authors. This provokes archival authorities and the government to seriously consider establishing purpose-built records and archival centres.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Mitigation and Adaptation through Environmental Impact Assessment Litigation: Rethinking the Prospect of Climate Change Litigation in China

2021 ◽  
pp. 1-27
Author(s):  
Xiangbai He
Keyword(s):  
Climate Change ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Legal Framework ◽  
Special Focus ◽  
Mitigation And Adaptation ◽  
Regulatory Effects ◽  
The Government ◽  
Legal Barriers

Abstract There are two general pathways towards climate change litigation in China: tort-based litigation to hold carbon emitters accountable in civil law, and administrative litigation against the government to demand better climate regulation. While the first pathway is gaining momentum among Chinese scholars, this article argues that legal barriers to applying tort-based rules to climate change should be fairly acknowledged. The article argues that China's legal framework for environmental impact assessment (EIA) provides more openness and flexibility for the resolution of climate change disputes. Therefore, EIA-based climate lawsuits, which challenge environmental authorities for not adequately taking climate change factors into account in decision-making processes, encounter relatively fewer legal barriers, require less radical legal or institutional reform, and have greater potential to maintain existing legal orders. The regulatory effects produced by EIA-based litigation suggest that the scholarship on climate change litigation in China should take such litigation seriously because it could influence both governments and emitters in undertaking more proactive efforts. This China-based study, with a special focus on judicial practice in the largest developing country, will shine a light on China's contribution to transnational climate litigation.

scholarly journals Bill Content, Legislative Outcomes, and State-Level Resistance to National Policies

2021 ◽  
pp. 1-23
Author(s):  
Timothy Callaghan ◽  
Andrew Karch
Keyword(s):  
Intergovernmental Relations ◽  
State Level ◽  
Legal Framework ◽  
State Legislature ◽  
Specific Domain ◽  
Original Dataset ◽  
Party Control ◽  
Legislative Outcomes ◽  
Contemporary United States ◽  
Level Resistance

Abstract Recently, scholars of the lawmaking process have urged their colleagues to devote more attention to the potential impact of bill content on legislative outcomes. Heeding their call, this paper builds an original dataset of over 5,000 pieces of state-level legislation addressing issues that span the ideological spectrum. It compares proposals that challenge the authority of the national government in a specific domain to proposals that lack federalism-related implications and finds that the former, all else being equal, make less legislative progress toward enactment. In addition, it categorizes the measures that resist national laws based on the specific nature of the challenge they pose. Its analysis finds that measures that are inconsistent with existing national law but work within the law’s legal framework make more legislative progress than measures that seek to nullify the national law or that vow not to cooperate with it. It also confirms that sponsor characteristics such as majority status, the number of cosponsors, institutional rules such as hearing requirements, and state-level factors like party control of the state legislature affect how much progress proposals make toward enactment. Thus, the paper demonstrates the importance of legislative content as an explanatory factor and sheds light on the nature of intergovernmental relations in the contemporary United States.

Remittance inflows and starting a business

2017 ◽  
Vol 6 (3) ◽  
pp. 290-314 ◽  
Author(s):  
Durga Prasad Gautam
Keyword(s):  
Regulatory Reform ◽  
Regulatory Requirements ◽  
Content Type ◽  
Business Regulation ◽  
Variable Approach ◽  
Sensitivity Tests ◽  
The Government ◽  
Entry Regulations ◽  
Starting A Business

Purpose Political economy research recognizes that the inflows of external financial resources help the governments enact market-oriented reforms. Since remittances have outpaced other types of financial inflows in many countries, they can potentially increase the government’s incentive to implement regulatory reform that can contribute to business-friendly environment. This issue has long been overlooked by the literature on remittances. The purpose of this paper is to examine whether remittances promote business regulatory reform in the recipient countries. Design/methodology/approach This study uses balance of payments data on remittances for 114 countries during 2004-2012 period. Since remittances could be endogenous to business regulation, the identification strategy follows an instrumental variable approach. The author assesses the general stability of linear model estimates by fitting the beta regression model. Findings The results show that, while the increase in remittance inflows is associated with lower regulatory requirements for starting a business in the recipient economy, this association is stronger in developing countries than in high-income nations. Various sensitivity tests reinforce the robustness of these findings. Originality/value One of the most important yet overlooked aspects of remittances is that they can potentially shape the political will to enact regulatory reform for businesses. The incentives for the government to relax burdensome entry regulations tend to stem from potential gains associated with the formalization of remittances. This paper makes a first attempt at studying the link between remittances and the quality of entry regulation.

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