This chapter explores the labour market experiences of vendors (particularly street vendors), a prominent category of informal worker. Accordingly, the chapter reports on findings of interviews with vendors in the Greater Jakarta region of Indonesia, so as to shed light on the aspects of labour market vulnerability that they face, and hence highlight some lessons for labour law enforcement. The findings of the research provide insights on the issues affecting workers in these sectors and, more importantly, inform policy-makers and practitioners on the effectiveness of regulation to cover informal sector workers in Indonesia and in a wider context.
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Alex de Ruyter, Muhammad Irfan Syaebani, Riani Rachmawati, David Bailey and Tonia Warnecke
Convenience in White-Collar Crime
Whistleblowers attempt to disclose information about what they perceive as illegal, immoral, or illegitimate practices. Fraud investigators reconstruct the past after suspicions of misconduct and financial crime. Whistleblowers are an important source of information for many fraud investigators. In this chapter, characteristics of whistleblowers and their trustworthiness as information sources and the quality of pieces of information are discussed.
Legal and Policy Aspects
Andrea J. Harrington
Several US states have pioneered the adoption of space tourism industry-sponsored Spaceflight Liability and Immunity Acts for spaceflight participants in the past decade. These Acts specify the conditions under which a spaceflight entity will not be liable for a participant injury resulting from the risks of spaceflight activities. This trend in US space law is likely to have an impact on the emerging space tourism industry. The current chapter sets forth the context in which these Acts exist, by defining key terms and discussing the relevant distinctions between orbital and suborbital transportation. The chapter presents the federal setting in which the US Acts have come to exist, both in terms of liability with regard to commercial spaceflight and conflict with federal law generally. Finally, the language of the Acts is analysed, comparing key differences among them, and the potential applicability of such acts in non-US jurisdictions is considered. Keywords: space tourism; spaceflight liability and immunity; liability waiver; US state and federal law
This chapter describes the application of State aid rules to the United Kingdom during the financial crisis. It considers the schemes granted through bank recapitalization, the wholesale funding guarantee scheme, short-term liquidity measures, and a working capital guarantee scheme or asset-backed securities scheme. It also describes individual aid granted by the UK State to Northern Rock, Bradford & Bingley, Dunfermline Building Society, Royal Bank of Scotland and Lloyds Banking Group.
Two steps forward, one back - more than once: Developing normative guidance for business on human rights in a CSR context
The Emergence of the Business and Human Rights Regime as Transnational Law
Chapter 4 considers the background to the process that led to the BHR regime. It opens by introducing nineteenth and twentieth century initiatives towards business responsibility for their social impact, with a particular emphasis on how human rights or human rights related concerns formed part of this, for example in regard to provision of housing and exploitation of human labour. Next it describes initiatives by intergovernmental organisations in the second half of the twentieth century to develop norms for transnational corporation (TNC) conduct. Finally, it proceeds to the four case studies that offer the immediate backdrop to the main case leading the BHR regime and demonstrate the prevailing antagonism: The UN’s Draft Norms on Business and Human Rights, the UN Global Compact, the EU’s Multi-Stakeholder Forum on CSR and CSR Alliance.
Edited by Alina Averchenkova, Sam Fankhauser and Michal Nachmany
Investigating and Prosecuting Across Borders
This chapter surveys the changes that have taken place in securities markets and in relation to securities market trading over the last two decades and the risks to market integrity inherent in these changes. It considers why these changes occurred and how they may have impacted upon opportunities to engage in insider trading and market manipulation. It also considers the challenges these changes have caused for securities regulators in terms of the detection, investigation and prosecution of market manipulation and insider trading which crosses borders. Finally, this chapter examines the regulatory responses of specific governments to the changes and how these new laws may deter insider trading and market manipulation as well as assist regulators in their efforts to detect, investigate and prosecute these offences.
Convenience in White-Collar Crime
This chapter tests convenience theory by studies of autobiographies. We were able to find a variety of statements produced by offenders that illustrate application of neutralization techniques in the behavioral dimension of convenience theory. Convenience theory is also tested in student elicitations, where students’ average responses indicate that issues in convenience theory are more important to determine white-collar crime than issues in society. The five most important issues are all convenience items.
David Grant and Lyria Bennett Moses
Legal and Policy Aspects
Lesley Jane Smith
This chapter focuses on the impact of sub-orbital flight on the existing air and space transport liability regimes. It discusses whether the future sub-orbital or orbital aircraft services, designed to deliver new forms of faster and further aerospace travel, can be pegged with existing aerospace liability regimes, or whether a new sui generis sector-specific approach to liability for this growth sector is needed. It reviews the regulatory options available at national and international level, identifies the importance of dialogue and consultation across the national licensing systems, and highlights some of the considerations involved in identifying the best possible approach to a liability regime for this sector. The technical considerations involved in certifying and licensing sub-orbital craft are not addressed. Keywords: sub-orbital flights; liability; licensing; aerospace transport