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Towards Effective International Banking Regulation and Supervision: The Position of Africa and Case for Global Financial Inclusion
No full textThis dissertation explores the position and roles of developing countries especially, African countries, in the International Standard Setting Bodies (SSBs) such as the Basel Committee. It interrogates the fairness, efficacy and propriety of the standards set by these bodies especially the Basel Committee in stabilising the global banking and financial industry. It highlights the continuous core domination in these bodies and the relegation of the countries in the peripheries to the position of rule takers. It examines the context specificity of the African banking and financial environments and highlights the need to take those contexts into consideration in formulating global banking and financial standards. To succeed in its aims, the research employs an evolutive model of legal research embedded with other legal research approaches such as historical, doctrinal, comparative, and critical legal theory. The research shows that the international SSBs do not take into consideration the peculiarity of the African banking, financial and regulatory environments when formulating the global banking and financial regulatory and supervisory standards and this neglect led to African countries implementing global banking standards that are not calibrated to their banking and financial environment. The research reveals that implementing those standards impacted adversely on the continent’s banking and economic system and have put the continent at a competitive disadvantage in terms of development. It contends that the present global banking regulatory architecture and standards are inadequate to meet the needs of most African countries and are not also capable of stabilising the global banking and financial industry and need to be reformed.
The dissertation thus recommends among others increased representation and roles of developing countries in the global SSBs. It is suggested that the global SSBs take cognisance of the differentiated standards and build proportionality to their regulatory standards to make it easier for them to be adapted in many jurisdictions. It also recommends that the possible trade-offs be considered before adopting and implementing global banking standards, especially as regards African countries. It calls for the regulation of other institutions like those engaged in shadow banking activities and fintech that posed a systemic risk to the global banking and financial industry
The Right to Inclusive Education for Children with Disabilities and Special Educational Needs in Ireland: A Critical Analysis under International Human Rights Law
No full textThis research has highlighted that while there have been several encouraging developments for children with disabilities and Special Educational Needs (SEN), including Ireland’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) in 2018 and the enactment of the Education (Admission to Schools) Act 2018, current gaps in practice remain which hinder the realisation of the right to inclusive education for such children.
Adopting doctrinal, sociolegal and historical methodologies, which was further supplemented by drawing on empirical research in the field of disability studies, this research examined the right to education under the wider international and regional human rights framework and explored the various sources from which the child’s right to education derives. This set the foundations from which the right to education for more generally for children with disabilities and SEN may be located.
This was followed by tracing the emergence and key developments on the international level leading up to the adoption of the CRPD. After which, the CRPD, and specifically the right to inclusive education under Article 24 were examined.
This research then considered the historical development of the educational rights of the child in Ireland. This began by locating the right to education in the Constitution of Ireland 1937 and reflects on germane case law which refined the scope of this right, particularly for children with disabilities and SEN. This was followed by charting the radical shift in legislative and policy developments in this area, beginning with the enactment of the Education Act 1998.
Finally, this research analysed the translation of inclusive education in practice for children with disabilities and SEN with a view to examining the factors which facilitate, and the barriers which inhibit, inclusive educational practices for children with disabilities and SEN in Ireland, meeting the obligations conferred on States Parties by the CRPD and Article 24 thereunder
The Blockchain and its conflicts with The General Data Protection Regulation
No full textIn this dissertation, it was shown the main existing conflicts between the blockchain and the GDPR, concluding that there are possible solutions to such paradoxes as long as technical and governance factors are observed specifically considering each blockchain tool and there is the deepening of interdisciplinary researches. Through this work, it was not possible to prove the full possibility of adequacy of all blockchain systems before such data protection regulation. The study was conducted through Doctrinal, Comparative
and Socio-Legal Research methodologies, firstly by understanding the technology and it's developments in relevant sectors of society. Secondly, there was the understanding of GDPR provisions in order to understand the incidence hypotheses of such law in the DLT
and the points of conflict. Finally, possible recommendations were demonstrated to enable the desired legal adequacy
Comparative Analysis Between Ireland and the US: Corporation Tax and The Digitalisation of the Economy
No full textThis dissertation demonstrated a comparative analysis between the corporation tax from Ireland and the United States. The comparison has as a background the digitalisation of the economy indicating a need for changes in the international corporation taxation of
multinational groups that no longer need a physical presence to have customers and generate income. This study focused on corporation tax, the BEPS project, the two-pillar solution from OECD/G20, and the global minimum corporation tax rate. The author
discussed the view of the OECD concerning tax havens and explained the tax inversion tax planning scheme of American companies in Ireland. This dissertation also indicates how the Double Irish tax avoidance schemes with a Dutch Sandwich and Green Jersey work. The conclusion drawn was that Ireland is not a tax haven, has a better corporation tax system than the United States, and that both countries should embrace de Pillar 1 and
2 solutions proposed by the OECD to tackle the challenges of the digitalisation of the economy
Pre-emptive Strike: an examination of International Law on the use of force
No full textIn this dissertation it was shown that until the emergence of the Bush Doctrine, Customary International Law and the Charter made up the framework for determining when the use of force was legal. The inherent right of a valid self-defence was embedded in customary international law in particular the Caroline case. Since 1945 and with the happenings of 9/11, warfare has taken on new directions which impact world peace and global security today. The Bush Doctrine responded to these changes taking on pre-emptive strike to include preventive and anticipatory use of force as an option against non-conventional warfare such as terrorism, WMD and cyberattacks in the absence of an imminent attack. The academic questions debated on preventive or anticipatory self-defence centred on whether the current law governing self-defence was able to deal with evolving modern warfare. This analysis examined under what circumstances and authority could a state use preventive and anticipatory self-defences notwithstanding the controversies surrounding them.
The aim and objective of the research was to understand the law under the Charter, Customary International Law and if the Bush Doctrine held any legitimacy for the extension of pre-emptive use of force. The results of the research showed that the UN Charter and Customary International law remain the foundations to determine when the use of force as a self-defence was legal. It also confirmed that the law cannot remain static to the changes happening in modern warfare. The research illustrated that extending pre-emptive strike to include preventive and anticipatory strikes caused uncertainty in the law. The conclusions in this study suggested it was essential to update Charter and Customary International Law with definitions of armed and imminent attacks by incorporating non-conventional warfare activities into the definitions, to re-examine the veto power of permanent members of the Security Council especially when a permanent member is involved in use of force against another state and that evidentiary standards need to incorporate non-conventional warfare so that the state having burden of proof was aware of the intelligence needed
The current development pathway within Securitas Ireland and its contribution to developing effective leaders.
No full textSecuritas Group has a global footprint providing security services worldwide for blue-chip companies such as Microsoft, Facebook, LinkedIn and Amazon. The past decade has seen a significant shift in the role of its security officers, moving from stand-alone positions to roles within teams which require good
communication and leadership skills. Further changes have occurred in how leaders lead and the impact
both positively or negatively this can have on an organisation’s growth and development. The importance of organically developing those in leadership roles is now to the fore of development strategies in many multinational organisations. Heretofore, positions of leadership were viewed as having a one-size-fits-all approach, based on the mentality that leadership is done the same way, with a leader never wavering from their style of leadership. Presently, those within leadership roles must be adaptable, inclusive and inspirational. Organisations now take a multi layered approach embedding leaders at all levels. As a result, leadership development has shifted away from an autocratic style towards a more collaborative approach. The challenge for educators is how to best develop those in leadership roles to be people orientated, understand and employ soft skills and be confident in adapting their leadership style to get the best out of those they lead. A mixed-method approach was utilised in this research combining both qualitative and quantitative data. Through Survey and Interview data the research focuses on key leadership roles within Securitas Ireland (SIRL) and the leadership development supports those leaders are provided with. Further data collection enabled the researcher to identify what skills sets individuals in leadership roles had, how they can be developed and what support is currently available for that development. Research will show that Securitas Ireland (SIRL) has a layered approach to leadership but fails to provide adequate support for those in leadership positions. This research demonstrates the high number of inexperienced Supervisors, Team Lead and Managers currently employed within SIRL. Thus emphasising the need for SIRL to focus on developing leadership skills, expertise and implementing support
mechanisms. To meet this demand and support its leaders at all levels SIRL should implement mandatory induction training for new Team Leads, Supervisors and Managers. Further support from SIRL should be given through a mentorship programme supplemented by workshops and formal leadership certification. As an organisation SIRL and SG should align itself with Great places to work. This alignment would provide SIRL and SG with the support required to create a framework for leadership development. Thus embedding leadership development within its culture
Challenges for White Collar Women in Production Sector Caused by Gender Discrimination in Turkey
No full textThis research study aims to analyze and draw attention to the challenges faced by white-collar women in the production sector in Turkey due to gender discrimination. It also aims to state how white-collar women are affected by gender discrimination in terms of their career and success. Measures taken to prevent gender discrimination in Turkey and organizations were mentioned. This dissertation was written using the qualitative research method. Feminist and interpretive approaches were used since the topic was opinion-based and aimed to empower women. The patriarchal structure in Turkey, which was the research field, and how this structure affected gender discrimination in the workplaces were investigated. Glass ceiling syndrome, glass cliff concept, queen bee syndrome, and old boy network, which cause gender discrimination, were also examined. To obtain primary data, 10 interviews with white-collar women working in different production sectors were conducted. As a result of the literature research and the interviews, this research paper confirmed the existence of gender discrimination faced by white-collar women in the production sector in Turkey
The Role and Impact of Process Analytical Technology (PAT) on Solid Dose Manufacturing in Nigeria.
No full textThis research investigated the role and impact of Process Analytical Technology (PAT) on solid dose manufacturing in the Nigerian pharmaceutical industry. PAT has been generally adjudged to be a promising technology that can significantly improve manufacturing efficiency and reduce the cost of production. There is evidence to back this point of view based on the automotive industry and other industries that have successfully implemented PAT. However, regardless of the demonstrated benefits of PAT, manufacturers in the pharmaceutical industry seem too slow to implement it in their manufacturing process. Realising this, the United States Food and Drug Administration (FDA) enacted a series of initiatives to drive a regulatory framework that could motivate manufacturers in the pharmaceutical industry to implement PAT. Nigeria represents one of the biggest pharmaceutical market in the world by virtue of its population which is estimated to be the biggest in Africa where PAT could help deliver quality medication at affordable rates. To investigate the role and impact of PAT in the Nigerian pharmaceutical industry, this research adopted a quantitative approach whereby self-administered questionnaires were sent to manufacturers through an online Google Form. The list of registered pharmaceutical manufacturers was obtained from NAFDAC, the regulator of the industry in Nigeria. Out of about 130 established manufacturers, 62 responses were obtained. Based on inferential statistics, the results show that indeed PAT plays a role in the Nigerian pharmaceutical industry albeit an insignificant one. Out of about twenty-one (21) identified challenges, eleven (11) were statistically significant. The most significant challenges that the respondents agreed the strongest to relate to the cost of implementing PAT. Although the hypotheses tested revealed that PAT has a significant effect on the price, quality and effectiveness of solid dosage forms, the general experience of health practitioners could not justify PAT adoption. Therefore, it is recommended that manufacturers in the Nigerian pharmaceutical industry must think long term in order to overcome the hurdle of the initial cost of implementing PAT. The regulator of the industry must find strategies of making pharmaceutical manufacturing attractive so as to drive innovation from the manufacturers
THE IMPACT OF THE POLITICAL ENVIRONMENT ON BUSINESS PERFORMANCE OF MOBILE TELEPHONE NETWORK (MTN) IN NIGERIA
No full textThis research investigates the impact of the political environment on business performance of MTN in Nigeria. The political environment consists of the overarching structures of governance, power and stability within a country. It is also part of the broader business environment. The political environment is the most powerful amongst all factors influencing businesses, as its actions or inactions determine other factors. The government is a significant factor in the political environment. Due to economic reasons, the government woos multinational corporations to invest within countries. This is the case with Nigeria, the government invited the giant telecommunications multinational corporation to invest in it, thus stirring up economic growth and employment. However, by operating in Nigeria, MTN is impacted by factors within the business environment. This research sought to investigate the impacts of the political environment on MTN’s business performance. The research adopts qualitative methodology, through the conduct of interviews with six managerial staff of MTN. The research discovers that the political environment offers MTN significant assistance in tax incentives, level playing field and other liberal economic policies. However, MTN has faced challenges from the political environment including tax fine, insecurity posed by nonstate actors and general perception from citizens about unethical business operations of MTN. Thus, the research recommends that MTN takes more proactive steps to address these issues to ensure its safe operations in Nigeria
Exploring Competitive Advantage in Sustainable Entrepreneurship: Challenges and Approaches in early stages out of the Founders Perspective
No full textIn this study, it was shown that the discipline of the sustainable entrepreneur has its own needs in the early stages of business creation. The aim of the study was to show which problems sustainable entrepreneurs face in their early start-up phase and how their strategic orientation is formulated in order to ensure their ventures' survival. Four companies were analysed in within a case study design. Semi-structured interviews were conducted with the founders of the companies. It could be determined that in the early stages of the venture distinctive problems in value creation and communication occur. Also, the influence of legal and structural barriers in the founding process resemble a crucial problem to the sustainable entrepreneurs. Those findings relate to the unique field of tension between profit and sustainability that shapes the nature of the sustainable entrepreneur. Further a predominant approach to competitive strategy formulation of the founders materialized. Through the changing environment the founders operate in, the role of dynamic capabilities, enabling the adaptability to changes becomes a significant contributor to the firm’s survival and an essential part in the path of organizational development the founders pursue. Out of these themes, a model describing the tension field of the sustainable entrepreneurship was generated. The results contribute to the intended purpose of the study, to enable a better understanding of the sustainable entrepreneurs need and to offer potential for more intense research in the field