The Role of Institutions in Generating Successful Legal Transplants: A Comparative Analysis of the Adoption of Competition Laws in India and Pakistan

2019 ◽  
Vol 14 (1) ◽  
pp. 65-89
Author(s):  
Amber DARR
Keyword(s):  
Developing Countries ◽  
Comparative Analysis ◽  
Development Economics ◽  
Competition Law ◽  
Comparative Law ◽  
Law And Development ◽  
Competition Laws ◽  
Globalized World ◽  
The Impact

AbstractIn recent years, several developing countries have adopted regulatory laws to remain relevant in an increasingly globalized world and to make a successful transition from protected to market economies. Whilst developing countries and multilateral organizations supporting them are aware that in order to succeed adopted laws must be compatible with the context for which they are intended, there is less clarity as to the processes through which compatibility is generated. This article draws upon comparative law and development economics literature to argue that the compatibility of a transplant is shaped by the interplay of institutions through which it is adopted. The article also argues that in addition to compatibility, a transplant must enjoy a degree of legitimacy to be effective in the adopting country and the institutions which generate compatibility may also enhance such legitimacy. In order to understand the compatibility and legitimacy-generating potential of the interplay of adopting institutions in developing countries, the article examines and compares the adoption of competition laws by India and Pakistan in 2002 and 2007 respectively. The article also examines the impact of legitimacy on the post-adoption interpretation of competition law transplants and its significance for their implementation in either country.

The Indian Competition Act: A Historical and Developmental Perspective

2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Shiju Varghese Mazhuvanchery
Keyword(s):  
Developing Countries ◽  
Competition Law ◽  
Developmental Perspective ◽  
Law And Development ◽  
Contentious Issue ◽  
Indian Act ◽  
Competition Laws ◽  
The Relationship ◽  
The Way

The relationship between competition law and development continues to be a subject that excites many. The appropriate design of a competition law with developmental dimensions is a contentious issue. With the enactment of the Competition Act 2002, India joined the hundred odd developing countries that have adopted new competition laws over the last two decades. After a hiatus of seven years, substantive provisions of the Act have been notified recently. The Indian Act presents a perfect case study for the developmental dimensions of competition law. This paper explores the events that led to the enactment of the new law in India and analyses its provisions from a developmental perspective. The paper concludes that many of the provisions in the law may come in the way of the realization of developmental goals.

The impact of the economic crisis on media corruption: A comparative study in South and North Europe

2020 ◽  
pp. 174804852094275
Author(s):  
Theodora A Maniou ◽  
Elena Ketteni
Keyword(s):  
Developing Countries ◽  
Comparative Analysis ◽  
Comparative Study ◽  
Economic Crisis ◽  
The North ◽  
Global Economic Crisis ◽  
The Media ◽  
Media Systems ◽  
The Impact

Although extensive research has been conducted into the role of the media in fighting corruption, media organisations and journalists themselves are not immune to it. The issue of corruption in the media remains understudied and has thus far mainly focused on case-studies of specific countries characterised by corruption as a core societal characteristic, as well as of under-developed and developing countries. This study focuses on the issue of media corruption in Europe, based on a comparative analysis between countries of the South and North, investigating the impact of the global economic crisis on media corruption. The research presents clear evidence of increased indications of media corruption in the North of Europe in comparison to the media systems of the European South, the area most affected by the global economic crisis.

A comparative analysis of agricultural research and extension reforms in China and India

2015 ◽  
Vol 7 (4) ◽  
pp. 541-572 ◽  
Author(s):  
Suresh Chandra Babu ◽  
Jikun Huang ◽  
P. Venkatesh ◽  
Yumei Zhang
Keyword(s):  
Developing Countries ◽  
Comparative Analysis ◽  
Agricultural Development ◽  
Agricultural Research ◽  
Content Type ◽  
China And India ◽  
The Reformation ◽  
Development Outcomes ◽  
The Impact

Purpose – There is growing interest from the global development community in the role of agricultural research and extension (AR & E) systems to achieve development targets. Despite this interest, many smallholders in developing countries continue to lack access to updated agricultural information and reliable services. In an effort to increase the effectiveness, impact, and reach of AR & E programs, many governments have attempted to reform their national systems. The paper aims to discuss these issues. Design/methodology/approach – This paper systematically compares the systems and reforms of AR & E in China and India in order to draw out lessons applicable to developing countries. This paper first reviews the existing literature on AR & E systems and their role in agricultural and economic development. The authors then provide a detailed review and comparative analysis of the reforms and approaches implemented in the AR & E systems of China and India. The authors apply this comparative analysis to draw out lessons that can be applied to inform the reformation of AR & E systems in developing countries. Findings – The authors find that although both countries face similar agricultural development challenges, each took a different approach in the reformation of AR & E to address these challenges. Each country’s approaches had different impacts on the effectiveness of the system. Lessons from the reformation of the AR & E systems in China and India can be used to inform and improve the impact of AR & E in developing countries. Originality/value – The paper examines two systems together using a set of common indicators and factors. The paper’s value comes from its usefulness in informing future AR & E reforms in other developing countries in order to increase the impact of these reforms on development outcomes.

Other Competition Laws: Shaping Factors

2020 ◽  
pp. 115-134
Author(s):  
David J. Gerber
Keyword(s):  
Developing Countries ◽  
Latin America ◽  
East Asia ◽  
Social Stratification ◽  
Competition Law ◽  
Relevant Information ◽  
Technological Capacity ◽  
Role Of The State ◽  
Competition Laws

This chapter identifies factors that shape all competition law regimes. These “shaping factors” serve as guideposts that highlight relevant information about a regime (“here’s where to look”) and point to the most valuable questions to ask for understanding it. These include, for example: size, openness, and technological capacity of the economy; political and bureaucratic contexts of competition law; importance of the “rule of law”; and ideologies, culture, and religion, and global role of the state. A particularly influential shaping factor can create similarities among competition law regimes that are otherwise difficult to recognize. Three examples show the value of identifying such factors: East Asia (bureaucratic centralism), Latin America (embedded social stratification), and developing countries (recent colonialism). Recognizing these factors and their influence can be of great value in looking at any regime! The objective is to penetrate the details, make sense of them, and guide entry into and through them.

Could CSR improve the financial performance of developing countries’ firms? Analyses of mediating effect of intangible resources

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohamed Hamdoun ◽  
Mohamed Akli Achabou ◽  
Sihem Dekhili
Keyword(s):  
Developing Countries ◽  
Human Capital ◽  
Financial Performance ◽  
Competitive Advantage ◽  
Mediating Effect ◽  
Social Dimension ◽  
Content Type ◽  
Intangible Resources ◽  
The Impact

Purpose This paper aims to examine the link between corporate social responsibility (CSR) and financial performance in the context of developing countries. More specifically, the mediating role of a firm’s competitive advantage and intangible resources, namely, human capital and reputation are studied. Design/methodology/approach The study considered a sample of 100 Tunisian firms. The analysis makes use of the structural equation modelling method to explore the relationship between CSR and financial performance, by including mediator variables. Findings The results confirm that CSR has no significant direct effect on financial performance. In particular, they indicate that the social dimension of CSR has a negative impact on performance. However, CSR does have a positive impact on competitive advantage via the two intangible resources considered, human capital and company reputation. Research limitations/implications The research fills a gap that occurred in the previous literature. In effect, previous studies focussed only on the direct link between CSR and financial performance. In addition, it enriches the limited literature on CSR strategies in the context of developing countries. However, further studies should explore the opposite relationship, i.e. the impact of financial performance on CSR strategy. In addition, the authors believe that amongst other potential research avenues, it would be interesting to study the moderating role of the activity sector. Practical implications From a practical point of view, this study suggests new applications with respect to the link between CSR and financial performance. To enhance their company’s financial performance, managers need to ensure that intangible resources are managed efficiently. Originality/value The paper contributes to the literature by examining how a firm’s intangible resources mediate between CSR and competitive advantage and how competitive advantage mediates between intangible resources and financial performance. Second originality is related to the study of the link between CSR and the financial performance of business organisations in the context of a developing country.

scholarly journals Foreign Shareholdings Impact on Banks Efficiency and Moderating Role of Corporate Governance

2019 ◽  
Vol 8 (2S9) ◽  
pp. 414-425
Keyword(s):  
Developing Countries ◽  
Corporate Governance ◽  
Country Of Origin ◽  
Developed Countries ◽  
Moderating Effect ◽  
Due Diligence ◽  
The Board Of Directors ◽  
The Impact ◽  
Moderating Role

The research investigate the impact of foreign shareholding originated from developed and developing countries on the efficiency of acquired local banks in Indonesia during 2007-2017 by including Corporate Governance as a moderating variable. Methodology: Using the secondary aggregate data of 29 commercial banks acquired by foreign shareholders, a panel regression model using econometrics methods of GLS, and DEA were applied to examine the effects of percentage of foreign shareholdings on efficiency of the acquired local banks. The main findings; First, percentage of foreign shareholdings positively affecting efficiency of acquired local banks only if the foreign shareholders is originated from developed countries. Second, the level of economic advancement of the country of origin of foreign shareholders has significant effects on the efficiency of the acquired local banks. Third, the increase in the size of the Board of Directors tends to decrease the efficiency of the acquired local banks and fourth, the presence of Foreign Director has a positive moderating effect on strengthening the effect of percentage of foreign shareholdings on the efficiency of the acquired local banks. Overall, the originality of this studies is that the percentage of foreign shareholdings and its country of origin are two combined factors that cannot be separated in affecting the level of efficiency of its acquired local bank and the fact of significant positive moderating effect of Foreign Director. As policy consideration, monetary authority need to perform strict due diligence on prospective foreign shareholders specifically originated from developing countries, advise banks to maintain the existence of Foreign Director and to encourage small local banks to be merged prior to the acquisition by foreign shareholders.

The Impact of Reinsurance

2021 ◽  
Author(s):  
Niels Viggo Haueter
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Insurance Industry ◽  
Natural Catastrophes ◽  
Security Interest ◽  
Environmental Deterioration ◽  
Stabilizing Effect ◽  
The 1960S ◽  
The Impact

Reinsurance is perceived to have a stabilizing effect on the direct insurance industry and thereby on the economy overall. Yet, research into how exactly reinsurance impacts various areas is scarce. Traditionally, studying the impact of reinsurance used to be in the domain of actuaries; since the 1960s, they have tried to assess how different contract elements can provide what came to be called “optimal reinsurance.” In the 2010s, such research was intensified in developing countries with the aim to deploy reinsurance to support economic growth and security. Interest in reinsurance increased when the industry became more visible in the 1990s as the impact of natural catastrophes started being linked to a changing climate. Reinsurers emerged as spokespeople for climate-related issues, and the industry took a lead role in arguing in favor of implementing measures to reduce environmental deterioration. Reinsurers, it was argued, have a vested interest in managing the impact of natural catastrophes. This triggered discussions about the role of reinsurance overall and about how to assess its impact. In the wake of the financial crisis of 2007 and 2008, interest in reinsurance again surged, this time due to perceived systemic impacts.

The role of audit committees in mitigating earnings management: evidence from Jordan

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Taha Almarayeh ◽  
Modar Abdullatif ◽  
Beatriz Aibar-Guzmán
Keyword(s):  
Developing Countries ◽  
Earnings Management ◽  
Audit Committee ◽  
Discretionary Accruals ◽  
Least Square ◽  
Audit Committees ◽  
Institutional Setting ◽  
Content Type ◽  
The Impact

PurposeThis study examines the relationship between audit committees (ACs) and earnings management (EM) in the developing country context of Jordan. In particular, it investigates whether audit committee attributes, including their size, independence, expertise and meetings, are able to restrict discretionary accruals as a proxy for EM.Design/methodology/approachThe generalized least square (GLS) regression was used to study the association between audit committee attributes and discretionary accruals, as a proxy of EM, for a sample of industrial firms listed on the Amman Stock Exchange (ASE) during the period 2012–2020. Data were obtained from the firms' annual reports.FindingsThe regression results indicate that audit committee independence is the only audit committee attribute that seems to improve the effectiveness of ACs, in that it is significantly associated with less EM, while other audit committee attributes that were tested do not show statistically significant associations.Research limitations/implicationsIn emerging markets, like Jordan, ACs may not be an efficient monitoring mechanism; therefore, it can be argued that the prediction made by the agency theory about the role of ACs in mitigating opportunistic EM activities does not necessarily apply to all contexts.Practical implicationsA better understanding of audit committee effectiveness in developing countries could help regulators in these countries assess the impact of planned corporate governance (CG) reforms and to better monitor and enhance the performance of ACs.Social implicationsIn a setting characterized by closely held companies, high power distance and low demand for high-quality CG mechanisms, this study contributes to understanding how this business system operates, and how improving CG mechanisms could be successful in such cultures.Originality/valueThis study investigates the under-researched relationship between audit committee characteristics and EM in developing countries. In so doing, it aims to provide new insights into this relationship within the developing context case of Jordan, including if and how the institutional setting influences this relationship.

Short-term Behavioural Equations for Developing Countries

2020 ◽  
pp. 249-262
Author(s):  
Giovanni Andrea Cornia
Keyword(s):  
Developing Countries ◽  
Money Demand ◽  
Size Structure ◽  
Structural Difference ◽  
Policy Changes ◽  
Access To Credit ◽  
Aggregate Consumption ◽  
Advanced Economies ◽  
The Impact

This chapter discusses the structural difference in family size, structure, location, and preferences, as well as the features of the formal and informal financial markets that determine the access to credit of various types of firms. It also reviews the role of the exchange rate, interest, rate and inflation in determining money demand. It then discusses behavioural equations for aggregate consumption, investment, and money demand that fit the reality of developing countries, and compares them with those discussed in Chapter 3 for the advanced economies. It shows that their inclusion in the IS-LM and AS-AD models often modifies the impact of policy changes and endogenous shocks in relation to those obtained in the advanced economies.

Impact of Mobile the Wireless Technologies on Developing Countries

2011 ◽  
pp. 96-116
Author(s):  
Ran Neuman ◽  
P.C. Deans
Keyword(s):  
Developing Countries ◽  
Economic Benefits ◽  
Infrastructure Development ◽  
Low Literacy ◽  
Wireless Technologies ◽  
Business Opportunity ◽  
Technological Advances ◽  
The Impact ◽  
The Village

This chapter discusses the impact of mobile and wireless technologies on developing countries. The new technological advances and capabilities allow developing countries the opportunity to “leapfrog” years of wired technology and infrastructure development. Based on this study, it appears that mobile and wireless technologies will not be enough to truly advance developing countries. In order to truly “leapfrog” and make up for years of technological advancements, developing countries must consider dealing with government corruption, violation of human rights and extremely low literacy rates. All those factors will derail the effort to “leapfrog” and gain economic benefits from technological advancements. The Village Cell Phone Program is an example where mobile technology created a business opportunity while at the same time changing the role of women in society. Any implementation of mobile and wireless technology must be complemented with social and political reform in order to be successful.

Sign in / Sign up

Export Citation Format

Share Document