Sector Regulation Research Articles

Exploring the challenges and facilitators in the adoption of e-HRM practices in Indian higher education institutions: a qualitative exploration

PurposeDue to government policies, accreditation demands, competition, digital India reforms and National Education Policy (NEP) 2020, the need for electronic human resource management (e-HRM) has increased considerably in the Indian higher education (HE) sector, but the literature has revealed that the adoption of e-HRM practices in Indian HE institutions (HEIs) is still in its embryonic stage; therefore, the purpose of the current qualitative study is to explore the challenges and facilitators of e-HRM adoption in the Indian HE sector through interpretative phenomenological analysis (IPA).Design/methodology/approachThe present study incorporates IPA, to capture the personal lived experiences of the HR executives employed in the Indian HEIs. Using purposive sampling, semi-structured interviews were conducted with the HR executives employed in Indian universities and institutions to know the perspectives on the adoption of e-HRM practices in Indian HEIs.FindingsThe study identified two superordinate themes, namely, challenges and facilitators of e-HRM adoption in the Indian HE sector. The superordinate theme “challenges” comprises eight sub-themes. Further, the theme “facilitators” consists of six subthemes.Practical implicationsThe study has implications for the stakeholders of the HE sector, i.e. HR practitioners, top executives of the HE sector, government and HE regulators and other stakeholders of the HE sector.Originality/valueThis study has given deep insights into the challenges and facilitators in the adoption of e-HRM practices in the Indian HE sector, and to the best of the authors’ knowledge, no study till date has filled this knowledge gap through qualitative exploration using IPA.

Horizontal intervention, sectoral challenges: Evaluating the data act's impact on agricultural data access puzzle in the emerging digital agriculture sector

The proposal of the Data Act containing ‘harmonised rules on fair access and use of data’ was released on 23 February 2022. It is a horizontal framework for data access to unlock competition and innovation. The emerging Digital Agriculture sector is one of the non-personal data-driven industries that can be affected by this legislative intervention. Therefore, it is highly relevant to investigate the possible implications of the horizontal Data Act proposal from the sectoral perspective. This paper aims to map the prominent data access problems in this emerging sector, explain the needed solutions for the sectoral challenges, demonstrate what the Data Act brings, and discuss to what extent this horizontal framework is helpful to overcome the sectoral problems connected to the ambiguities on agricultural data access. Thus, this piece also identifies the remaining issues that may need to be addressed by a possible follow-up sectoral regulation and competition law.

The regulatory nexus between the promotion of financial education and financial inclusion in enhancing consumer protection in South Africa

This paper seeks to share some insights on the regulatory aspects of the promotion of financial education and financial inclusion to enhance consumer protection in South Africa. In recent years, policymakers in different countries, including South Africa, have made various efforts to regulate financial inclusion and integrate financial consumers into the financial sector. Similarly, policymakers and other relevant stakeholders have made efforts to promote financial education to empower financial consumers to make sound financial choices and decisions. Notwithstanding these efforts, the promotion of financial education and financial inclusion has been done in isolation, overlooking the policy synergies between these objectives and/or financial sector outcomes in enhancing consumer protection in South Africa. Given the recent COVID-19 pandemic, both financial education and financial inclusion have become increasingly important policy considerations to negotiate the chasm from the challenges that financial consumers faced before the pandemic and move towards safeguarding the economic interests of financial consumers post-pandemic. Accordingly, this paper explores the interrelationship between the effective promotion of financial education and financial inclusion to enhance consumer protection. Moreover, this paper examines the adequacy of the regulation of financial education and financial inclusion under the National Credit Act 34 of 2005 (NCA); the Consumer Protection Act 68 of 2008 (CPA), the Financial Sector Regulation Act 9 of 201 7 (FSR Act) and the proposed Conduct of Financial Institutions Bill (CoFI Bill) in relation to strengthening consumer protection. Put differently, this article focuses on the regulatory nexus of the promotion of financial education and financial inclusion to enhance consumer protection in South Africa. In the end, this article will provide some recommendations and enforcement approaches that could be incorporated into the regulatory framework of the promotion of financial education and financial inclusion to enhance consumer protection in South Africa.

Law and sustainable transitions: An analysis of aquaculture regulation

The global demand for aquaculture products is rising, driven by declining wild fisheries, food security, and blue economy policies and initiatives, suggesting that aquaculture is significant for a sustainable future, despite its negative environmental impacts. Here we investigate the role of law in accelerating the transition towards sustainable aquaculture activities. We use the EU taxonomy for environmentally sustainable activities to define transitional criteria and examine the use of regulations to accelerate the transition in Norway. Even though both the Norwegian government and industrial actors promote transition toward sustainability, we find few regulations in place that accelerate the transition, and we find that sustainability ambitions are likely to be unmet in a business-and-regulation-as-usual scenario. Additional to discussing the role of law in sustainability transitions, we offer a method which can be employed to analyze regulation of different sectors or geographical areas and to devise policy recommendations for sustainable transitions.

Legal and Policy Gaps Affecting Digital Rights in Malawi

Digital rights are human rights in the digital era, specifically on the internet. Digital rights are becoming critical as people increasingly spend a lot of time online, accessing different services and information that are key to human survival and well-being. Resolution 362 (on the Right to Freedom of Information and Expression on the Internet in Africa) of The African Commission on Human and Peoples’ Rights, and resolution on the Promotion, Protection, and Enjoyment of Human Rights on the Internet of the United Nations Human Rights Council affirmed that same rights that people enjoy offline must also be protected online. This paper assesses legal and policy gaps affecting digital rights in Malawi, thereby making a critical contribution to scholarship in this area. In addition to the literature and policy review of digital rights in Malawi, the study used a questionnaire as a data collection tool, targeting purposefully selected key informants from Malawi’s telecommunication sector, media associations, NGOs, and telecommunication regulators to assess challenges affecting digital rights in Malawi. The study found that achieving digital rights in the country remains a distant dream for most people due to the expensive cost of the internet, insufficient telecommunication and electricity infrastructure, restrictive legal framework, and low digital literacy. These factors make access to the ICTs and the internet inaccessible for most people, denying them access to and participation in political, social, and economic activities enabled by digital platforms.

Mandating interoperability of interpersonal communications services in an ecosystems competition context

With the adoption of Article 7 of the Digital Markets Act, the EU has taken a progressive approach to mandating horizontal interoperability of number-independent interpersonal communications services. This legislative measure addresses the structural competition challenge posed by direct network effects, which tend to lock users into established messaging platforms. However, it is not entirely clear how, if at all, the Commission should implement this interoperability mandate. To shed light on this matter, we present an ecosystems competition context where these messaging services transition into digital ecosystems to create value from user-generated data and attention. Within this context, we find interoperability mandates like Article 7 a plausible solution to the structural competition problem, although much is yet to be done to sharpen these mandates against the intricate inter-ecosystem dynamics and to empower multi-homing users in a post-interoperability world. Achieving this goal requires collaborative efforts not only from sector regulators responsible for overseeing these mandates but also from antitrust and data protection authorities.

Lessons from outperformance in the Indian financial sector

AbstractWe examine predictions and outcomes for the Indian financial sector in the pandemic period to (i) build a case for re‐examining our understanding of the sector and (ii) improve risk perceptions and policy design. Reasons for outperformance include reforms that led to a better balance between discretion from public sector dominance and the excess volatility of market‐based systems. This diversity, as well as divergence of the Indian credit cycle from the global credit cycle, was protective given the sustained external risks. It put the sector in a position to support the domestic recovery, despite global quantitative tightening. Public sector banks contribute to diversity. Non‐bank financial companies reach the unbanked sectors and improve financial inclusion. Regulatory excesses and absence of liquidity support contributed to persistence of financial stress. Policy lessons are for countries to avoid policy over‐reaction, aim for diversity, different types of exposures, some uniformity in financial sector regulation, with the appropriate balance between discipline and support, in order to reduce risks. There are lessons from India's more broad‐based regulation for the narrow bank‐based regulation in advanced economies, which is increasing global financial fragilities and risks. The share of markets has risen so much there that diversity is falling.

A Review on the Impact of Shadow Banking on Financial Markets Prudential Regulation

Abstract The evolution of shadow banking sector in terms of structure (concentration of institutions), expanded connections with banks, and in terms of activities there was an increase of the systemic relevance of these entities. The aim of this paper is to review the relevant literature on the topic and the progress that has been made regarding the implementation of macro-prudential policies since the global financial crisis of 2008. As the financial crisis highlighted, shadow banking sector should be considered a source of systemic risk and it is essential to identify its potential effects to the financial sector downturn. We examine the empirical studies that have been carried out in the recent literature on the structure and effects of nonbank financial sector regulation. Based on our findings, the main results pointed out that the academic research conducted in this field focused on the link between shadow banking and systemic risk. The collapse of one financial institution has the potential to have widespread effects and could trigger a series of failures that directly threatens the stability of the whole financial system.

Indonesian Mining Regulations Shift as a Potential Sector in Developing the Economy

Law/regulation on mining play a significant role, because mining sector is a potential sector for developing the economy of Indonesian. Law on Mining underwent several amendments, namely the era of Law Number 11 of 1967, Law Number 4 of 2009 and Law Number 3 of 2020. This article will analyze shiftss in mining sector regulations from each of these eras. This article uses normative juridical methods, with statutory, contextual, historical, and comparative approaches, and is analyzed qualitatively. The results of the study show that between Law No. 11 of 1967 to Law No. 4 of 2009 and Law no. 3 of 2020 underwent a change, namely from a centralized arrangement, where the mining sector holding power became a matter for the central government to decentralization, handed over to local governments. Another change is in the field of relations between the government and capital or investors, the contract of work model becomes licensing. The impact on the contract of work model is that the state is positioned as a 'party' to the contract, while in terms of licensing the government has a position that tends to be stronger. This Amendment Contract is adapted to Indonesian conditions and the protection of Article 33 of the Indonesian constitution.

Legal regulation of forward contracts in construction investment

A brief overview of the legal regulation of forward contracts in construction investment is presented. The relevance of their application in modern conditions, taking into account international standards and the EU acquis, to stimulate the attraction of investments in the national economy, create a competitive environment and sustainable growth in the conditions of financial globalization and the development of communication technologies is substantiated.
 It was found that in order to implement Article 127 of the Association Agreement between Ukraine and the EU regarding the improvement of the financial sector regulation model, new editions of the Laws of Ukraine "On Capital Markets and Organized Commodity Markets" and "On Commodity Exchanges" were adopted, according to which international standards are gradually being implemented functioning of the infrastructure of capital markets, however, the analysis of regulatory and legal regulation and the practice of its application shows a number of problems that negatively affect the development processes of derivative financial instruments in the economy of Ukraine.
 The problems of taxation of forward contracts of joint investment institutes were considered, the analysis of judicial practice was carried out in the context of the research topic. It was concluded that the forward contract, if all the essential conditions and requisites inherent to it are present, is recognized by the courts as a derivative, which is a separate type of product. Fundamental to the determination of the possibility of applying a tax benefit when using forward contracts is the question of the acquisition of such assets at the expense of joint investment and whether they constitute assets of the institution of joint investment. The success of the legislative amendment on detailing the assets of the joint investment institute in relation to real estate objects, including in the form of an indivisible object and (or) divisible object of unfinished construction, future real estate object, is theoretically substantiated.
 It was concluded that the development of financial instruments in Ukraine based on leading international practices is the key to successful improvement of the instrumental configuration of capital markets and organized commodity markets for the integration of the national economy into the world economy. The prospects for the development of legal regulation of forward contracts in construction investment on the Ukrainian market are outlined.

Priority of public interests in the regulation of foreign participationin strategic sectors of the economy

The author discusses some topical issues of the balance of private and public interests in the framework of limiting foreign presence in the areas of economic activity that are strategically important for the state. In 2022 - 2023 State policy in the field of foreign investment control is generally characterized by the introduction of additional restrictions in order to ensure national security: the list of areas of activity recognized as strategic has been expanded; the number of regulatory approvals required for obtaining by foreign persons for transactions with Russian companies has been increased; increased requirements for transparency in the ownership structure of strategic companies; the consequences of violation of the law in this area are detailed. Author formulates a conclusion about the necessary conditionality of the priority of public interest over private interest by current economic and political factors. First of all, proceeding from the measures necessary and sufficient to satisfy the public interest, the state determines the nature and degree of restriction of the economic freedom of the bearers of private interest. At the same time, by satisfying the public interest, which has as its goal the provision of national economic stability and security of the state, it ultimately ensures the satisfaction of such other interests and needs of an indefinite range of entities that are part of society and the state, which cannot be satisfied only in terms of the financial stability of the state, its military and economic security.

CENTRAL BANK DIGITAL CURRENCIES IN THE INDONESIAN SETTING: QUESTIONS & CHOICES

Central Bank Digital Currencies or CBDC have attracted increasing attention worldwide. Discussions take place chiefly at the institutional central bank level, and among financial and monetary economists, but now are moving into legal and political spaces. Meanwhile, Bank Indonesia or BI, the Indonesian central bank, has been an active proponent of a digital Rupiah for several years, seemingly focused on payment system improvements, problematic to the extent on-going digitalisation of the economy is not purely a payment system exercise.The Indonesian Parliament or DPR recently authorised in Law No. 4/2023 BI’s creation and management of a digital Rupiah, but open issues remain: (1) the DPR’s emphasis in its guidelines for the digital Rupiah contemplates currently only a domestic rather than crossborder digital Rupiah; (2) the DPR seemingly contemplated broader financial inclusion and more equitable development as a practical matter, while BI’s prior proposals seemed more focused on efficiency and banking sector; and (3) domestic CBDC’s introduction probably constitutes a dress rehearsal for an eventual international CBDC, so a planning function lies hidden. Digital Rupiah’s implementation presumably lies 12 to 24 months ahead, taking place under a new Indonesian President to be elected in 2024, implying new senior financial sector regulators as well. The best legal approach would be for BI to manage the digital Rupiah through external clearing and settlement institutions, and there are numerous international economic law complications in the hidden planning exercise if domestic is to become international digital Rupiah over time. Developing versus developed country CBDC concerns are simply different.

Collaborative training of regulators as an approach for strengthening regulatory systems in LMICs: experiences of the WHO and Swissmedic.

Training opportunities for health product regulators are among the critical aspects in the strengthening of regulatory systems across the world. The need for training is reasonably higher among the National Regulatory Agencies (NRAs) in the Low- and Middle-Income countries (LMICs) which are faced with many regulatory challenges mostly rooted in the low availability of resources. The current study aimed at evaluating the suitability, impacts, and challenges related to the training of regulators from LMICs offered by the Swissmedic in collaboration with the World Health Organization (WHO). An exploratory case study design using a qualitative approach was adopted to collect data from a total of 17 NRAs in different WHO regions using in-depth interviews and qualitative questionnaires. The participation of the trainees in the training was revealed to be motivated by the need to apply the obtained knowledge in addressing various challenges within their NRAs. Many lessons covering all key areas of health products regulation were reported by the trainees, whereby most of the lessons were already being implemented within their respective NRAs. However, challenges related to human, financial, and infrastructural resources were highlighted to hinder the ongoing efforts in putting the learned aspects into practice. Additionally, areas in which further regulatory assistance and suggestions for improving the training activities were pointed out. The highlighted gains from the WHO-Swissmedic collaborative training program call for other agencies and organizations to join hands in offering much-needed support towards addressing critical challenges facing the regulatory sector in the LMICs.

Productivity and regulation in the construction sector: evidence for OECD countries

ABSTRACT Labour productivity growth in the construction sector has been very weak in recent decades in most OECD countries. This paper addresses this issue based on a panel of 23 countries over the period 1995–2015. First, we use the Ackerberg, Caves, and Frazer (2015) method to propose a multifactor explanation for this lack of productivity growth: (i) average TFP growth is close to zero and even negative for most countries; (ii) average contributions to growth of capital and intermediate inputs are positive but weak, respectively of 0.05% and 0.90% per year, and much smaller than in the manufacturing sector over the same period (respectively of 0.40% and 3.10% per year). Then, we investigate whether reforms of regulations specific to the construction sector might boost productivity there. Using regulation indicators from the ‘Doing Business Report’, we find a negative impact of these regulations on TFP, but not on the intensities of capital and intermediate inputs. Our results suggest that reducing the construction sector regulations might bolster productivity: a switch to the lightest regulations would lead to a long-term TFP increase of 6% on average.

Sistema de saúde e vigilância na França e a resposta à pandemia de COVID-19

Abstract France was the first European country to confirm cases of COVID-19, being one of the most affected by the pandemic in the first wave. This case study analyzed the measures adopted by the country in the fight against COVID-19 in 2020 and 2021, correlating it to the characteristics of its health and surveillance system. As a welfare state, it relied on compensatory policies and protection of the economy, as well as increased investments in health. There were weaknesses in the preparation and delay in the implementation of the coping plan. The response was coordinated by the national executive power, adopting strict lockdowns in the first two waves, mitigating restrictive measures in the other waves, after the increase in vaccination coverage and in the face of population resistance. The country faced problems with testing, case and contact surveillance and patient care, especially in the first wave. It was necessary to modify the health insurance rules to expand coverage, access and better articulation of surveillance actions. It indicates lessons learned about the limits of its social security system, but also the potential of a government with a strong response capacity in the financing of public policies and regulation of other sectors to face the crisis.

Health system, surveillance and the COVID-19 pandemic response in France.

France was the first European country to confirm cases of COVID-19, being one of the most affected by the pandemic in the first wave. This case study analyzed the measures adopted by the country in the fight against COVID-19 in 2020 and 2021, correlating it to the characteristics of its health and surveillance system. As a welfare state, it relied on compensatory policies and protection of the economy, as well as increased investments in health. There were weaknesses in the preparation and delay in the implementation of the coping plan. The response was coordinated by the national executive power, adopting strict lockdowns in the first two waves, mitigating restrictive measures in the other waves, after the increase in vaccination coverage and in the face of population resistance. The country faced problems with testing, case and contact surveillance and patient care, especially in the first wave. It was necessary to modify the health insurance rules to expand coverage, access and better articulation of surveillance actions. It indicates lessons learned about the limits of its social security system, but also the potential of a government with a strong response capacity in the financing of public policies and regulation of other sectors to face the crisis.

Telecommunications regulation, mobile money innovations and financial inclusion

PurposeThis study aims to assess how corporate telecommunication (telecom) policies follow telecom sector regulation in mobile money innovation for financial inclusion in developing countries.Design/methodology/approachTelecom policies are understood in terms of mobile subscriptions, mobile connectivity coverage and mobile connectivity performance, whereas mobile money innovations represent mobile money accounts, the mobile used to send money and the mobile used to receive money. The empirical evidence is based on Tobit regressions.FindingsTelecom sector regulation positively influences mobile money innovations. From net influences, mobile subscriptions and connectivity policies moderate telecom sector regulation to positively influence mobile money innovations, exclusively within the remit of mobile money accounts because the corresponding net influences on the mobile used to send money and the mobile used to receive money are negative. The interactive influences are consistently negative, and hence, thresholds for complementary policies are provided to maintain the positive influence of telecom sector regulation on mobile money innovations.Originality/valueThis study has complemented the extant literature by assessing how corporate telecommunication policies follow telecommunication sector regulation in mobile money innovations for financial inclusion.

Long-term assessment of the effectiveness of coastal protection regulations in conserving natural habitats in Spain

Spain has undergone rapid socioeconomic development in the past three decades. This has been linked to massive residential and infrastructural development based on a short-term, profitable and resource-intensive consuming model. As a result, large amounts of agricultural, natural and semi-natural soils have been lost to artificial areas, especially around main cities and on the coast. In this study, we assessed the effectiveness of the Spanish Shores Act at preventing land development in two biogeographical regions and three administrative scales between 1988 and 2020 using a BACI design and remote sensing data. We also analysed the combined effect of other regulations to prevent land development on the coast. The Shores Act was effective in reducing land development although moderate to substantial land development occurred in the zones affected by the Law, especially in the Mediterranean region. Adding other sectoral regulations to the Shores Act notably and consistently reduced land development across regions. Among them, cumulative protected area (PA) regulations were most effective in reducing coastal land development. The use of satellite images, especially Sentinel 2A MSI data within a BACI design, proved a useful method for assessing the effectiveness of fine-scale objectives of environmental policies such as the Shores Act.

Regional Planning and Optimization of Renewable Energy Sources for Improved Rural Electrification

Over 13% of the global population (most of which are rural communities) still lack access to electricity. A typical resolution to this would be to generate more electricity from existing power generation infrastructure. However, the urgency to meet net-zero global greenhouse gas emissions means that this resolution may not be the way forward. Instead, policymakers must consider decarbonization strategies such as renewable energy systems to generate more electricity in rural communities. As policymakers aim to encourage renewable energy generation, existing power plant operators may not share the same perspective. Operators typically wish to ensure profit margins in their operations as decarbonization efforts may be costly and reduce the profit. A balance must be struck between both parties so that the energy sector can continue to meet rising energy demands and decarbonization needs. This is a classic leader–follower situation where it involves the interplay between policymaker (as energy sector regulator) and industry (as energy sector investor). This work presents a bi-level optimization model to address the leader–follower interactions between policymakers and industry operators. The proposed model considers factors such as total investment, co-firing opportunities, incentives, disincentives, carbon emissions, scale, cost, and efficiency to meet electricity demands. To demonstrate the model, two Malaysian case studies were evaluated and presented. The first optimized networks is developed based on different energy demands. Results showed that when cost was minimized, the production capacity of the existing power plants was increased and renewable energy systems were not be selected. The second case study used bi-level optimization to determine an optimal trade-off $ 1.4 million in incentives per year, which serves as a monetary sum needed by policymakers to encourage industry operators to decarbonize their operations. Results from the second case were then compared to the ones in the first.

External enablers and entrepreneurial ecosystems: The brokering role of the anchor tenant in capacitating grassroots ecopreneurs

AbstractResearch SummaryWe study how environmental enablers, specifically disruptive ecological shifts, and subsequent regulatory activity, led to the formation of a local ecopreneur ecosystem in Kenya and how this process was facilitated by the brokerage role of an international NGO. Drawing from the entrepreneurial ecosystem literature, and using a strategic network perspective to conceptually map salient interorganizational ties, multilevel engagement, and resource generation, we utilize qualitative grounded theory analysis to argue that environmental changes have catalyzed the regulatory change towards the formation of an entrepreneurial ecosystem for low‐resourced ecopreneurs. This process is facilitated through ecosystem brokering through an anchor tenant that accelerates knowledge, resources, and viable exchanges to advance venture sustainability.Managerial SummaryOur study unpacks how regulatory responses to environmental shifts enable the systemic development of venture creation. We explore how environmental changes, first in the natural environment, and subsequently, the regulatory environment—influence ecosystem emergence for entrepreneurial activity. We present three dimensions of regulatory enablement that shift conditions to favor venture building. Problem framing by the regulatory sector signals potential opportunities for entrepreneurs for value creation. Prioritization of this problem, emphasized in the government's regulation, sets new agendas and implies that new rules and resources would be allocated towards such opportunities. New rules also reconfigure boundaries to invite new actors and interactions into the discourse on environmental preservation in Kenya.