New issue of Corporate Law & Governance Review journal

The editorial team of Virtus Interpress is pleased to present Corporate Law & Governance Review’s second issue of 2024.

This issue contains ten contributions covering a number of interesting topics. Topics covered include foreign direct investment, the public sector, factors affecting economic growth, green financial crime, intellectual property, the international court of arbitration, expansion of the European Union (EU), environmental, social, and governance (ESG), and corporate governance. These contributions are based on several locations, including Kosovo, Indonesia, Malaysia, and Saudi Arabia.

The purpose of this research by Grace Theresia Pontoh, Aini Indrijawati, Arga Bhayangkara Handayanto, Rahmawansyah Andi Tahang, and Try Sutriani Supardiis to provide insight into how ERP systems can be used to provide improvements in the public sector. This article uses a systematic literature review to synthesize the benefits and challenges and provides examples of best practices for implementing an ERP system in the public sector. The results show that ERP stands as an essential technical solution to achieve accountability and transparency in the public sector.

Arben Sahiti and Liridon Dalipi in their study investigate changes Kosovo has made to its legal environment to attract more foreign direct investment. This study adapts qualitative methodology and uses secondary data. The research concludes that although the legal changes were aimed at attracting foreign investors, this goal is still not being realized successfully. The findings of this research are very relevant because they can greatly contribute to other countries by learning the right lessons from Kosovo’s experience that can be used for other emerging markets.

Sihabudin, Indah Dwi Qurbani, and Nabila Aulia Rahma analyze green finance crimes in order to optimize green economy transformation in Indonesia. This study used the juridical-normative method. The result of this study is that the problem faced by Indonesia is that it does not understand environmental crime as a criminal act originating from money laundering so the instruments used to overcome this crime are still conventional. Coupled with the ever-evolving, various modes of washing are complex and involve different legal systems in different countries. This makes green finance crime difficult to eradicate with ordinary legal instruments. Thus, the authors propose mitigating legal risks through joint investigations covering multiple devices, multiple institutions, multiple laws and regulations, and multiple sanctions to overcome this.

Fayez Alnusair, Firas Massadeh, Ali Abdel Mahdi Massadeh, Maher Hussain Haswa, and Mahmoud Ismail analyze how the Agreement on Trade-Related Aspects of Intellectual Property Rights (known as the TRIPS Agreement) relates to international vaccine distribution. The authors conclude that the enhanced provisions of TRIPS are ill-suited to global pandemics. Further, to enable countries lacking the technical manufacturing capabilities to produce vaccines under license, TRIPS needs to be amended to permit technology and know-how transfer.

The objective of the next study by Nano Prawoto and Agus Tri Basuki is to analyze the impact of Zakat distribution, inflation, consumption, and international trade on the economic growth of Indonesia using the Vector Error Correction Model (VECM) analysis. This study found that consumption, exports, imports, and Zakat exert a favorable influence on economic growth; however, inflation hurts economic growth.

Haneen Mansour Almansour and Mahmoud Ismail discuss how the International Court of Arbitration has been successful at facilitating the resolution of corporate disputes within the International Chamber of Commerce (ICC). This research contributes to a deeper understanding of the legal intricacies surrounding arbitration within the ICC, thereby facilitating decision-making, and fostering greater confidence in the dispute-resolution process of international trade. The study, by integrating theoretical frameworks and qualitative analysis of data, found that the ICC achieved more procedural integrity, and cultivated a dependable repository of information for addressing corporate conflicts. Thus, promoting a more precise comprehension of corporate dispute resolution processes.

The next paper by Alma Paçarizi-Osmani and Fadil Osmani analyzes the enlargement policy of the EU towards the countries of the Western Balkans, focusing on Kosovo. The main finding of this paper is that the rule of law is the main factor that positively affects the integration of the countries of the Western Balkans into the EU, as well as the increase in the level of economic development. Therefore, as a conclusion, it can be affirmed that integration in the EU is essential for the existence of this region. The relevance of this paper lies in the fact that it deals with an important topic from the field of European integration for small countries like Kosovo.

Zahir Çerkini and Neshat Podvorica explore the role of the Constitution in regulating economic governance and its impact on public-owned enterprises. The case of Trepça JSC has been examined by analyzing the legal and constitutional regulations within the context of economic development. It can be concluded that strong state regulation is required to ensure stability, emphasizing the intricate nature of state intervention in the economy within the constitutional framework, as evidenced by constitutional and legal provisions governing public enterprises such as Trepça, with the suggestion of amendments to address regulatory gaps. The paper serves as a foundation for further research into the constitutional and legal regulation of public enterprises and their relationship with the economy.

Khaleed Omair Alotaibi and Shehabaddin Abdullah Abdulwadod Al-Dubai analyze how ESG factors interact together. Specifically, it looks at how board diversity, board independence, and gender diversity moderate the relationship between profitability and ESG performance. The results of the direct models show that corporate profitability has an insignificant negative impact, while board diversity, particularly in terms of independent directors and female directors, enhances ESG performance. Moreover, the results from the moderation models indicate that while board independence does not show a statistically significant positive impact on the relationship, gender diversity demonstrates an insignificant negative effect on ESG performance.

Ahmad Saiful Azlin Puteh Salin, Zubaidah Ismail, and Malcolm Smith investigate how directors’ commitment to continuing education programs impacts company performance. This study contributes by highlighting the significance of board commitment and board access to education in influencing the performance of the company. Additionally, it contributes to the enhancement of education platforms that are specifically designed for the board of directors.

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!