New issue of Corporate Law & Governance Review journal
The editorial team of Virtus Interpress is honored to present a new issue of the journal of Corporate Law & Governance Review.
The articles published in this issue have focused on the timely topics of sustainability, environmental social and governance (ESG) performance, gender pay equality, principles of sound global governance systems, labor law, criminal law, tax evasion, accountability in regional governments, auditors’ impact on public administration control, etc.
The first study in the issue authored by Winahyu Erwiningsih and Mahrus Ali aims to analyze the legal protection for a notary either as a witness or as a suspect in the investigation stage of the deed he/she made. This study is important because notaries often face legal issues regarding the authentic deeds they produce. The results of this study indicate that investigators did not obtain prior approval from the Notary Honorary Council when examining a notary.
Petrit Nimani, Artan Maloku, and Shefqet Avdija analyze the role and contribution of the Auditor General in the exercise of control in the public administration in Kosovo. The authors identify the main challenges and problems that affect the efficiency and effectiveness of public auditing, such as the lack of human and financial resources, political interference, non-implementation of audit recommendations, and the like and concludes that the Auditor General plays an essential role in the exercise of control intending to improve the condition of the institutions and their employees as well as ensure transparency and accountability of the public administration in Kosovo, but it needs support and respect from the stakeholders to achieve its objectives.
The next study by Eugene Okoi Ifere, Okey Oyama Ovat, Emeka Josephat Owan, Mercy Ihuoma Chijioke, Lekam Ujong Ofem, Joseph Nsabe Ndome, Malachy Ashywel Ugbaka, and Atelhe George Atelhe examines the perceptions and extent to which tax evasion is classified as a criminal offense compared to fifteen listed offenses in the Niger Delta region of Nigeria. Results revealed that murder/ritual killing, armed robbery, militancy, kidnapping, and human trafficking are among the top five crimes while tax evasion was rated third lowest crime. Also, corruption and ineffective tax governance, among others were identified as reasons for tax evasion. The study recommended that to build confidence in tax authorities and systems, the government should step up social contracts with the people. Tax defaulter should be punished and the government should carry out periodic tax education.
The paper by Elton Tota and Bardhyl Hasanpapaj intends to address shortcomings and challenges in light of the efforts to enhance the harmonization of the legislation while ensuring its due application. Enforcing state aid rules requires professional and independent capacities within the relevant state aid authorities an objective remaining far from reach in the Western Balkans. The paper provokes further debates and analysis in the scholarly efforts to shed light on this sector.
Aarce Tehupeiory, Imelda Masni Juniaty Sianipar, and I Wayan Koko Suryawan address the critical issue of land ownership in society, given the increasing conversion of undeveloped land into developed property. The main findings show that the type of land certificate, regulations on land use, and regulations on the use and rights of land ownership are currently performing well, while the task force for eradicating the land mafia had the lowest level of urgency, indicating a possible overkill. This study also highlights the need for serious consideration when eliminating brokers, as it can lead to the rise of brokers/land mafia. The paper contributes to the ongoing discourse on land ownership and disputes and provides valuable insights for policymakers, landowners, and communities to develop effective strategies for resolving land disputes of land resources.
The following paper by Jaywant Michael, Antoine B. Awad, and Bashar Abu Khalaf empirically investigate the impact of ESG on the performance of banks in the Gulf Cooperation Council (GCC) region by collecting and analyzing the data of 29 banks located in the six GCC countries — namely the United Arab Emirates (UAE), Kuwait, Qatar, Oman, and Saudi Arabia. The results suggest that a bank’s size positively influences its performance. Additionally, ESG and asset quality have a significant negative correlation to performance, implying a lower asset quality indicates higher loan loss provision and leads to lower financial performance. Finally, the results also suggest banks are overinvesting in ESG to comply with the latest standards set by investors and regulators.
Saranchana Asanprakit and Tanpat Kraiwanit examine the concentration levels within Thailand’s social commerce platform industry and explain the perspective of law and regulation. The findings suggest that the market structure resembles an oligopoly, characterised by a small number of dominant competitors. In Thailand, popular social commerce platforms include Facebook, Instagram, Line Shopping, Twitter, and TikTok. However, new entrants in this oligopoly market face significant obstacles. Financial barriers, such as the substantial investment required to establish and promote a platform, pose challenges. Additionally, legal obstacles related to copyrights, patents, and other intellectual property rights must be navigated.
The next study by Sead Osmanović and Sabri Klaiqi aims to empirically test the impact of the relationship between the rules concerning the protection of employees and the unemployment rate. The research was conducted using secondary data with panel data analysis for 24 countries, 19 of which are current members of the Common Market for Eastern and Southern Africa (COMESA). The results of the endogeneity test show that there are no endogeneity variables.
Sri Kurnia and Doddy Setiawan investigate the determinants of performance accountability in the regional government of the Riau Islands province. Specifically, the authors explore the influence of clarity of budget targets, internal control, compliance with laws and regulations, and reporting systems on performance accountability. The study provides valuable insights for policymakers and practitioners to improve performance accountability in regional governments. This paper emphasizes the importance of enhancing the clarity of budget targets, internal control, and reporting systems in ensuring better performance accountability.
The paper by Ali Hadi Al-Obeidi analyzes the texts of Distance Learning Code of Conduct in Public Education Institutions in the United Arab Emirates (UAE) No. 262 of 2020 to find out the extent of its success in facing the legal problems caused by distance learning. Among the crucial results of the paper is that the rules of the Code of Conduct are considered the guide for any educational institution establishing its own rules for regulating distance learning. Another crucial result is to call on the UAE legislator to expand the statement of legal provisions for electronic learning (e-learning) and not to limit to regulating the students’ behavior.
Melihate Tërmkolli focuses on examining the establishment of the European administrative space (EAS) and its compatibility with global governance through the basic principles of good governance. The article identifies how the EAS has been influenced by and forwards the good governance model in an effort to improve governance at the global level. The article reveals that the EAS is an important path towards improving good governance, integrating and implementing some of the basic principles of this form of governance. This article provides an important contribution to the literature on European studies and global governance by examining the relationship between the EAS and the principles of good governance.
Kusmayadi, Edy Lisdiyono, and Sri Mulyani investigate and establish a regulatory model for managing household waste with a public health approach. The study’s results show that the enforcement of environmental law in waste management is a blend of legal structure, legal substance, and legal culture. It can also be studied from both preventive and repressive sides. The study highlights the importance of implementing sustainable waste management practices to reduce environmental pollution and minimize health risks to the public.
The study by Abdulla Abdulrahman Al Janahi Al Khatib aims to investigate the meaning of retracting final judgments and how it is distinguished from other forms of appeal. To this end, the study utilizes an analytical approach by interpreting Article 187 (Bis) of the Civil Procedures Law and judgments of courts of cassation across the UAE. The study finds that retraction is a means of appeal that not only can be used by the litigants but also by the court on its own motion. As a result, the rule of retraction is considered of a public policy nature where parties cannot agree to disregard its terms.
The final paper in this issue by Akinola George Dosunmu and Mpho Dichaba explores pay differentiation in the workplace from the dimension of policy review. The analysis reveals the distance between equality policy and conflicting organizational cultures resulting in continued inequality experiences for professional women. This paper contributes to an understanding of corporate law and governance in terms of inequality and social injustice in post-apartheid South Africa.
You are welcome to browse the full issue at the following link.
We hope that reading this issue will be pleasant and informative for you!
