Two paths of risk regulation: the concurrence of scientific and sociocultural decision-making in the European law of agricultural genetic engineering

Future hazards which may result from genetically engineered plants can currently only be anticipated. Therefore, the handling of the potential risks is becoming a crucial political and legal question. The following article describes the differing national regulatory approaches in Europe: an economic, a scientific, and a sociopolitical approach pre-existed the European Union’s deliberate release Directive, which itself follows a primarily science-based approach. The latter is based on objective technological assessments of individual cases. At the same time, however, the Directive contains elements of a sociocultural approach, which is open to value-based judgments and thus, necessarily takes a subjective, general assessment of the use of genetically modified organisms. As a result, the European law of Agricultural Genetic Engineering provides two paths of risk regulation in parallel.     

Governance of the Regulatory Decision Making Process

The author looks at how regulatory decisions are taken, and implemented, at national as well as international level and discusses issues such as independence of regulatory and supervisory authorities, regulatory capture and the rivalry in decision taking between Basel, Brussels and Washington.     

Measuring the Comparability of Company Accounts Conditionally: A Research Note

Comparability indices summarize the level of comparability between companies at a national and international level, an issue of importance to investors, regulators, and standard setters. Comparability indices can identify areas where comparability is low and where comparability is deteriorating. Furthermore, they can be used to quantify the extent to which initiatives such as International Financial Reporting Standards (IFRS) are successful in raising comparability between company accounts. Despite past literature emphasizing how factors other than country influence accounting methods used by companies, current comparability indices ignore these other factors. This paper introduces new national and international indices within the T index framework to fill this gap in the literature. Formula for the new national and international indices, and their standard errors, are provided. An example using European data is used to demonstrate the calculations and illustrate the importance of controlling for these firm specific factors.     

Implementation of EU initiatives on gender diversity and executive directors’ pay in municipally-owned enterprises in Germany and The Netherlands

A popular topic in the assessment of the functioning of municipally-owned enterprises is the corporate governance (CG) of such organizations. The results of the comparative study presented in this paper indicate that European Union initiatives on gender diversity and executive directors’ pay are often not implemented in public CG codes and in practice in municipally-owned enterprises in Germany and The Netherlands. The paper proposes that EU initiatives should specifically target municipally-owned enterprises and shows concrete hard and soft regulation options for national and international policy-makers and future research perspectives.     

Financial literacy and financial literacy programmes in Australia

Financial services markets require consumers to be more financially literate if they are to manage their finances effectively. Consequently, there have been an increasing number of attempts to measure financial literacy, as variously defined, and in response to observed deficiencies in financial literacy, an expanding number of financial literacy programmes implemented worldwide, not least in Australia. The purpose of this article is twofold. First, review the existing evidence on the level of financial literacy in Australia, along with the posited determinants and potential impacts on consumers and the marketing of financial services. Second, discuss the financial literacy programmes currently in place in Australia aimed at increasing the level of financial literacy across the population as a whole and in specific groups set in place by government, industry, community and workplace initiatives. The article includes brief critiques of the process of measuring, assessing and understanding financial literacy as it stands and the purpose, design and evaluation of the financial literacy programmes currently in place.     

The European IFRS Endorsement Process – in Search of a Single Voice

We analyse the creation and development of the European Financial Reporting Advisory Group (EFRAG), a key part of the EU endorsement mechanism for International Financial Reporting Standards (IFRS), which was probably the first example of a dedicated IFRS endorsement system. We discuss the historical background to the EU approach and we analyse how EFRAG evolved over its early years up to the Maystadt reform. Our analysis addresses its remit, its operational structure and financing and the key decisions made in the endorsement process over this period. We find that while national standard-setters had a limited role in the early stages, and EFRAG had limited resources, over time the pressure to find more resources and to try to achieve a unified voice in the creating of international standards have resulted in national standard-setters playing an ever-greater role. Nonetheless, a single voice for Europe is not likely to be attained     

Siting technological risks: cultural approaches and cross-cultural ethics

Are European national risk prevention regulations reflecting different cultural attitudes towards risk? This article replies positively to this question by elaborating the results of an investigation led between 2004 and 2008 by the Joint Research Centre of the European Commission. The investigation focused on the European national implementations of Article 12 of Directive Seveso II on Dangerous Substances (96/82/EC) and aimed at providing an overview of different methodological approaches to the matter of land use planning in areas subject to the risk of major accidents. Five countries were selected for in‐depth analysis and comparison. This article focuses on one aspect of their different approaches to land use planning in at‐risk areas that was not considered by the European investigation: the influence of national cultural backgrounds on the implementation of Article 12 within the respective national legislations and practices. To explain whether different cultural orientations may have affected them, the article refers to one cultural index in particular, namely the uncertainty‐avoidance index (UAI) proposed by the Dutch sociologist Geert Hofstede. This index provides a key of reading of the different methodological orientations adopted for regulating land uses in the vicinity of hazardous establishments in these countries; by applying it, the study demonstrates that different cultural attitudes towards uncertainty may be a determinant factor in the approaches to and the regulation of the matter of hazardous facility siting. In the conclusions, the regulatory as well as ethical implications of this finding are discussed.     

Review of industrial safety management by international agreements and institutions

A review of the management of industrial safety on the basis of international agreements and institutions is presented. Focus is given to risks related to the chemical process industry. First, the key technical elements of the process to assess and manage industrial risks are described together with the related key legislative principles. Various techniques exist for the assessment of risk of industrial operations, and for the assessment of hazards to the environment and mankind. These techniques share common areas, e.g., with regard to data collection and interpretation, that offer the possibility of synergetic approaches via international agreements and institutions. In addition to technical risk assessment, cultural factors will need to be taken into account when addressing the topic of acceptable risk in any given social context. Next, various examples of current risk management frameworks in a multi‐ and bilateral context are given. Eventually, as a concrete example of an industrial risk management framework, the European Union's legislation to control major accident hazards, the Seveso II Directive, is discussed. An outlook on future actions concludes the paper.     

Drivers of systemic risk: Do national and European perspectives differ?

With the establishment of the Banking Union, the European Central Bank has been granted the power to impose stricter regulations than the national regulator if systemic risks are not adequately addressed at the national level. We ask whether there is a cross-border externality in the sense that a bank’s systemic risk differs when applying a national versus a European perspective. On average, banks’ contribution to systemic risk is similar at the two regional levels, and so is the ranking of banks. Generally, larger banks and banks with a lower share of loans are more systemically important. The effects of these variables are qualitatively but not quantitatively similar at the national versus the European level.     

Overview of recent policy initiatives in response to the crisis

This paper describes several (European) regulatory initiatives undertaken following the financial crisis. There have been global responses, such as the FSF and BCBS 2008 Reports; numerous national initiatives, including a new Belgian network; and the European 2008 MOU, with nine common principles. The first concerns objectives; the rest cover three main topics, including: (1) crisis management framework; (2) co-ordination between authorities during crises; (3) choice of resolution policy.The MOU advocates the establishment of cross-border stability groups (CBSG). Finally we discuss the distinction between potential agreements on: (1) burden-sharing principles and (2) burden-sharing rules. Without the possibility of an effective enforcement policy, the former is preferable.     

The Role of Risk in Corporate Value: A Case Study of the ABB Asbestos Litigation

The need for fair risk communication has emerged as a result of a more global and more flexible economy as well as of a media dominated world. Proper risk management and risk communication is therefore crucial today. The paper discusses the need for open and direct communication with the public in order to establish trust and to maintain market value. The case discussed is that of ABB (Asea Brown Boveri) asbestos litigation and the dramatic consequences it had for the company. During 2001 and 2002, the ABB share price fell by roughly 90 percent. The present study indicates that more than 50 percent of the fall was related to asbestos reporting by the media and ABB, primarily during the second half of 2002. The need for further understanding of and procedures for dealing with risks and risk communication in a business context is stressed. The outcome for ABB could have been different if more precise and defined ways of working with and communicating risks had been employed. Due to the asbestos crisis and the dramatic fall in ABB share price, ABB has implemented more structured operational risk management tools and displays a more outspoken awareness of environmental and social risk factors. This new strategy has emerged mainly as a result of an increased work with sustainability issues and a shift from a consensual/technocratic risk approach to a more deliberative mode of risk management.     

Fraud: from national strategies to practice on the ground—a regional case study

The intentions of a number of national strategies and other initiatives to address fraud are reviewed in the context of one UK region. This paper considers how far various agencies in that region have responded to fraud. It then discusses which factors appear to have influenced the role of the strategies and other initiatives as an anti-fraud framework or to deliver anti-fraud work.     

Accounting Regulation in Malta

This paper considers the development of accounting rules in Malta, and traces the changing de jure requirement of a ‘true and fair view’ (TFV) in national legislation. This is done in three phases. The initial phase discusses financial reporting issues arising from the then ambiguous TFV wording in the Companies Act 1995. The changing TFV wording is compared to the UK Companies Act 1948 and to the European Community Directives being the basis of national company legislation. Due to the ever-increasing conflicts between IFRS and national legislation, ways how the local accounting profession has applied the TFV principle are then illustrated. The impact on the audit reports, arising from implementation of the IAS Regulation (1606/2002/EC) is discussed in the second phase. It is found that the IAS Regulation brought about a lack of clarity as to the applicable regulatory financial reporting framework for listed entities. In the third phase, the practical difficulties and issues that led to the recent development of a national financial reporting standard for smaller entities are examined in an international context. The possible implications of a second de jure imposition of a TFV, in this national standard, are put forward.     

Shifting risk to the frontline: case studies in different contract working environments

An extensive body of safety literature and research discusses the integral role of rules and procedures in managing workplace hazards, ensuring worker safety, and safeguarding the environment. Nevertheless, organizational accidents and workplace injuries continue to occur, and individual employees often bear the brunt of responsibility. This paper examines how risk becomes shifted to individuals at the bottom of supply chains, focusing on two different groups of contract workers. Specifically, it draws on case studies conducted in Australia – one on civil contractors working around hazardous infrastructure and one on athletes who are subject to anti-doping requirements. A comparison of the two cases and their distinctive elements illuminates the ways in which structural pressures, organizational dynamics, and context-specific conditions influence the risks shouldered by individuals. Our analysis shows that, in both cases, adverse outcomes are widely seen as the responsibility of contract workers, prompting other actors to judge them as blameworthy. In doing so, risk in various forms (e.g. safety, financial, reputational) becomes shifted onto workers who are constrained by contracts and away from away from higher level actors and organizations that are generally in more powerful positions than frontline workers. This finding suggests that the burden of accountability and potentially liability is borne primarily by frontline workers. Because of this focus, it is easy to lose sight of organizational and structural conditions that contribute to the risks revealed at the individual level. Through an analysis of 57 interviews across both sectors, complemented by participant observations and a media review, this paper underscores the importance of critically considering not only individual worker actions, but also how regulation can support the diversion of risk, responsibility, and liability onto frontline workers.     

Redefining safety in the era of risk trade-off and sustainability

While the risk level of visible factors has lowered, that of invisible and uncertain factors begin to attract attention, such as climate change triggering large-scale disasters and possible counter-risks arising from emerging technologies. Costs involved in reducing risk have risen considerably and a number of unintended counter-risks have also become apparent. Since the various measures implemented to counter global warming, including geoengineering measures, may lead to an increase in acute or chronic health and safety risks, there exists an urgent need for formulation of a framework for debating different kinds of risks by employing a common platform and expanding it along the spatial and temporal axes. In order to extend the scope of impact assessment with regard to the decision-making process and develop a common approach to risk assessment, the author argues that certain shortfalls need to be addressed, such as those that exist with regard to substances, domains, risks, and benefits, as well as in relation to time and space.     

Legal Certainty,European-ness and Realpolitik

The stimulus for this paper is an article published in 2005 by Wüstemann and Kierzek together with a critical comment thereon by Nobes in 2006. The original paper discusses the IFRS proposals, and the philosophy they represent, concerning revenue recognition. Nobes, in terms which this author broadly supports, criticises their revenue recognition proposals in some detail, together, again rightly, with some of their assumptions. This paper, rather than reopening these specific issues, considers the explicit statement, for example, p. 71, and elsewhere, that there is a ‘requirement of legal certainty in the European Union’, a statement which is given neither logical justification nor supporting references. IAS, EU requirements and GoB as a national concept are all argued to be flexible, judgemental and, necessarily and permanently, devoid of ‘legal certainty’. Implications of this analysis for regulation, harmonisation and for educational programmes in today's global environment are considered.     

CHANGES IN THE INTERNATIONAL REGULATION OF AUDITORS: (IN)STALLING THE EIGHTH DIRECTIVE IN THE UK

In 1984 the European Commission issued the Eighth Company Law Directive requiring each member State to ensure that its national rules met common standards for the education, training and qualification of statutory auditors (84/253/EEC; OJ 1984 L126/20). The Directive insisted that national governments take responsibility for the regulation of auditors, a requirement that clashed with the autonomy which many professional bodies believed they possessed. In this article we explore the processes through which the Eighth Directive on the regulation of auditors has been implemented in the UK. We argue that the Eighth Directive illuminates the effects of political and economic discourses on the development of accounting and auditing regulations and the protocols involved in installing such regulations into particular national contexts. The Eighth Directive represents a revealing moment in the shifts in political discourse (towards neo-liberalism) in the UK and the problems of reconciling new modes of economic and political thinking withinternationalregulatory programmes and institutions. Moreover, the implementation of the Eighth Directive in the UK cannot be comprehended outside of (i) an analysis of the problems the British Government has had in “managing” the accountancy profession in the UK and (ii), understanding the powerful image of the auditing industry as a key contributor to the UK economy.     

The transaction avoidance regime in the recast European insolvency regulation: Limits and prospects

In the last decade, transaction avoidance in insolvency law has been in the limelight of the academic discussions. In particular, the scholarship has highlighted how the European Insolvency Regulation gives rise to several private international law issues. Moreover, the scholarship has explored solutions to these issues and proposed to harmonise the regime of transaction avoidance at European Union level. However, the recent legislative developments on the cross‐border insolvency law seem resistant to the proposed harmonisation. This article focuses on the transaction avoidance regime in the Recast European Insolvency Regulation. In particular, it seeks to evaluate whether the Recast has solved the issues arising within the original European Insolvency Regulation in relation to transaction avoidance. Secondly, it questions the suitability of the private international law approach to transaction avoidance in cross‐border insolvency within the European Union framework. The research suggests that the efforts required to the private international law framework to deal efficiently with transaction avoidance make the harmonisation of the regime of transaction avoidance at the European Union level a more appealing option.     

Climate change, human genetics, and post-normality in the UK

Virtually intractable matters characterized by uncertainty over consequences, diverse and multiple engaged interests, conflicting knowledge claims, and high stakes, call for post-normal policy responses. This paper explores how two such responses have been implemented in the UK through the management of specific aspects of anthropogenic climate change and human genetics, which we argue can be described as “wicked” or post-normal issues. To address these, approaches require that a broader range of epistemic positions and worldviews be recognized as valid in the policy development process. We suggest that the concept of boundary organisations is well suited to examine some of the institutions that have been set up in the UK to deal with the two post-normal issues we consider here. This paper explores the extent to which the UK Climate Impacts Programme and the Human Genetics Commission respond to a post-normal policy approach and their achievements in overcoming epistemological boundaries and effecting integrated management responses. We conclude by considering the insights such an analysis offers into operationalising post-normal policy approaches. As intermediaries and facilitators, we suggest the two organisations can be considered forerunners in applying a post-normal approach to climate change adaptation and human genetics, respectively.