Contract Violations in the Construction Projects: How Contractual Obligations are Reached Affects Contractual and Reputational Enforcement

Contract violations are frequent in construction projects due to the higher level of uncertainty and complexity in these projects. However, enforcement after a violation, including contractual and reputational enforcement, has received limited attention. This study distinguishes between three types of violations, i.e., violations of documented obligations (letter violations), violations of tacitly agreed obligations (spirit violations #1), and violations of unilaterally assumed obligations (spirit violations #2), based on the documentation and mutuality dimensions. Furthermore, this study compares the impacts of different types of violations on contractual and reputational enforcement and explores the mediating role of relational risk perception in the above impacts. By using the data collected from Chinese general contractors, this study concludes that compared with spirit violations #2, letter violations and spirit violations #1 will lead to more severe contractual enforcement and reputational enforcement while the latter two have no significant differences of their influence on the severity of enforcement. The mediating effects of relational risk perception are empirically supported. By doing this, this study contributes to the literature on contractual governance by exploring the effects of contract structure, especially the undocumented elements of contracts, on enforcement, and responds to the recent calls for the positive role of contract ambiguity. In addition, this study fills the gaps in the scarce literature on reputational enforcement and expands the studies on the antecedents of it. Project managers can benefit from this study by recognizing the employment of reputational enforcement and the making better alignment between different types of violations and enforcement

Consumer protection regarding halal food in Malaysian and English law

The thesis will explore consumer protection in respect of the abuse of halal food law in Malaysia. It will argue that the protection of halal food consumers is not sufficient to protect consumers in Malaysia. It will identify potential halal food-law infringements in the areas of certifications, false labelling, adulteration of halal food, improper slaughtering practices, questionable hygiene, and misrepresentation of halal.This thesis will investigate the current legal framework of halal food by identifying the potential violation of law, and consequently, will explore possible remedies and legal protection in cases where there is halal food abuse in Malaysia. This thesis will also consider the issue of private remedies for consumers who suffer as a result of food abuses and will explore compensation as a remedy for the nuisance caused. In addition, it will explore the adequacy of administrative measures to address halal food issues in Malaysia and identify whether these measures are capable of preventing legal abuses and holding traders to account. The competent authorities who enforce halal standards face problems and difficulties in providing a sufficient level of policing. This thesis will explore the criminal remedies provided by Malaysian law to deal with halal food abuse.While the problems in Malaysia and the United Kingdom may be similar, there are differences in how both countries deal with halal food issues. This thesis seeks to identify practices and solutions provided by English law which may be implemented in Malaysia to offer increased or more effective protection and to prevent halal food infringement.This thesis will suggest that the law in Malaysia requires modification in order to improve consumer protection. It will indicate a need for effective implementation of legal and enforcement measures in Malaysia. Any consequences of the lack of resources will also be identified.The thesis will conclude by providing recommendations on the implementation of a set of rules and compliance measures that will effectively contribute towards improving consumer protection vis-à-vis halal food in Malaysia

Guide to investigating business fraud

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Assessing China’s Environmental NGO Public Interest Litigation Against the U.S. Citizen Suit Model

This dissertation introduces the U.S. and China’s environmental governance evolution, the background of their private enforcement provisions, including each country’s environmental legislative, administrative, and judicial development before establishing private enforcement. After the introduction, the second section examines the U.S. environmental citizen suits’ origin, environmental movements during the 1960s and 1970s, and pioneer ENGOs’ legal experiences. Statutory provisions are reviewed in various aspects in order to fully present this significant U.S. private enforcement measure. The third section analyzes the trajectory of Chinese ENGO EPIL development, including the provisions and typical actions according to several scattered provisions. Section four compares the theoretical and procedural distinctions between the two. Finally, in section five, specific legislation and implementation recommendations to Chinese legislatures and growing Chinese ENGOs are also discussed. One recommendation is to comprehensively legislate an Environmental Public Interest Relief Law in China by integrating statutesto reframe a sound legal system with a rectified understanding of the U.S. environmental citizen-suit system. Another suggestion is to encourage ENGOs to positively and actively reinforce their professionalism through achievable and practical actions based on steady resources and altruistic ethical compliance. As a vital type of private enforcement, ENGO EPIL actions would be oriented to assuring environmental governance compliance to ultimately promote the fundamental and comprehensive environmental governance pattern, environmental administrative enforcement. The recommendations will help systematically realize and regulate environmental EPIL proceedings and continually promote the primary environmental administrative enforcement in an increasingly open and inclusive social context in the coming future

Gender diversity on company boards : a corporate law analysis

This thesis focused the board gender diversity debate on the role of the corporate board. It used two studies to answer whether there was a corporate governance case for board gender diversity. The findings suggested that board gender diversity might indeed be able to enhance corporate governance in a firm. The findings also suggest complementary solutions to strengthening board effectiveness.<br /

The Legal and Regulatory Aspect of International Cybercrime and Cybersecurity: Limits and Challenges

The development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such as financial transactions, sexual offences, harassment and threatening behavior, and commercial damage and disorder. Cybercrime is a transnational menace in the sense that it cuts across borders. The most critical challenges of the information society have been the security of digital data and information systems and the prevention of the malicious misuse of information communications technologies by cyber criminals, terrorist groups, or state actors. Measures to address these security challenges of the information society birthed a concept known as “cyber security”. Cyber security seeks to promote and ensure the overall security of digital information and information systems with a view to securing the information society. Thus, the concept is broadly concerned with social, legal, regulatory and technological measures that will ensure the integrity, confidentiality, availability and the overall security of digital information and information systems in order to achieve a high degree of trust and security necessary for the development of a sustainable information cyber space. This dissertation contends that, on the one hand, International laws are behind in providing proper regulatory coverage for cybercrime, while, on the other hand, existing regulations have largely been unsuccessful in containing cyber security threats primarily due to complications caused by the disharmonization of cyber security laws and regulation. This dissertation also attempts to discuss the legal and regulatory aspects of cyber security in International law. An analysis of international, regional and national regulatory responses to cyber security in both developed and developing countries was made. It calls attention to the limits and challenges of these regulatory responses in the promotion of cyber security and explores several regulatory measures to address the highlighted challenges with a view to promoting global cyber security. It suggests several regulatory measures to enhance global cyber security and also emphasizes the need for the collective responsibility of states for global cyber security

How can the enforcement of the Basel Convention be improved? : a case study of China and the UK and the role of networks

The rise of globalization and urbanization has led to increased production and emission of hazardous wastes. Developed countries often mitigate their disposal costs by exporting large quantities of these wastes to developing countries, causing significant environmental pollution. International organisations like the United Nations Environment Program and various countries have recognized this issue and have developed environmental laws to combat it. Despite these efforts, enforcement remains weak against the growing threat of pollution. This thesis investigates how to improve the enforcement of laws governing the transboundary movement of hazardous wastes, particularly focusing on the Basel Convention. It examines the role of inter-governmental and inter-institutional networks in achieving effective enforcement. By comparing national legislation and enforcement mechanisms in the UK and China, the study highlights significant differences in how these countries handle environmental law enforcement. The UK, typically a waste-exporting nation, and China, a waste-importing nation, exhibit contrasting enforcement capabilities. China's environmental law enforcement has evolved, yet it still lags behind the UK's more robust systems. The thesis underscores that networks - facilitating the exchange of expertise and resources—are essential in strengthening national and institutional capacities for enforcing laws on hazardous waste movement. Overall, the study concludes that enhancing cooperation through networks can significantly improve the enforcement of environmental laws, reducing the detrimental impact of hazardous waste transboundary movement.The rise of globalization and urbanization has led to increased production and emission of hazardous wastes. Developed countries often mitigate their disposal costs by exporting large quantities of these wastes to developing countries, causing significant environmental pollution. International organisations like the United Nations Environment Program and various countries have recognized this issue and have developed environmental laws to combat it. Despite these efforts, enforcement remains weak against the growing threat of pollution. This thesis investigates how to improve the enforcement of laws governing the transboundary movement of hazardous wastes, particularly focusing on the Basel Convention. It examines the role of inter-governmental and inter-institutional networks in achieving effective enforcement. By comparing national legislation and enforcement mechanisms in the UK and China, the study highlights significant differences in how these countries handle environmental law enforcement. The UK, typically a waste-exporting nation, and China, a waste-importing nation, exhibit contrasting enforcement capabilities. China's environmental law enforcement has evolved, yet it still lags behind the UK's more robust systems. The thesis underscores that networks - facilitating the exchange of expertise and resources—are essential in strengthening national and institutional capacities for enforcing laws on hazardous waste movement. Overall, the study concludes that enhancing cooperation through networks can significantly improve the enforcement of environmental laws, reducing the detrimental impact of hazardous waste transboundary movement

Measuring Infringement of Intellectual Property Rights

© Crown Copyright 2014. You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov. uk/doc/open-government-licence/ Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concernedThe review is wide-ranging in scope and overall our findings evidence a lack of appreciation among those producing research for the high-level principles of measurement and assessment of scale. To date, the approaches adopted by industry seem more designed for internal consumption and are usually contingent on particular technologies and/or sector perspectives. Typically, there is a lack of transparency in the methodologies and data used to form the basis of claims, making much of this an unreliable basis for policy formulation. The research approaches we found are characterised by a number of features that can be summarised as a preference for reactive approaches that look to establish snapshots of an important issue at the time of investigation. Most studies are ad hoc in nature and on the whole we found a lack of sustained longitudinal approaches that would develop the appreciation of change. Typically the studies are designed to address specific hypotheses that might serve to support the position of the particular commissioning body. To help bring some structure to this area, we propose a framework for the assessment of the volume of infringement in each different area. The underlying aim is to draw out a common approach wherever possible in each area, rather than being drawn initially to the differences in each field. We advocate on-going survey tracking of the attitudes, perceptions and, where practical, behaviours of both perpetrators and claimants in IP infringement. Clearly, the nature of perpetrators, claimants and enforcement differs within each IPR but in our view the assessment for each IPR should include all of these elements. It is important to clarify that the key element of the survey structure is the adoption of a survey sampling methodology and smaller volumes of representative participation. Once selection is given the appropriate priority, a traditional offline survey will have a part to play, but as the opportunity arises, new technological methodologies, particularly for the voluntary monitoring of online behaviour, can add additional detail to the overall assessment of the scale of activity. This framework can be applied within each of the IP right sectors: copyright, trademarks,patents, and design rights. It may well be that the costs involved with this common approach could be mitigated by a syndicated approach to the survey elements. Indeed, a syndicated approach has a number of advantages in addition to cost. It could be designed to reduce any tendency either to hide inappropriate/illegal activity or alternatively exaggerate its volume to fit with the theme of the survey. It also has the scope to allow for monthly assessments of attitudes rather than being vulnerable to unmeasured seasonal impacts