True and Fair View Revisited – A Reply to Alexander and Nobes

This paper is a response to the critical comments of Alexander (2006) and Nobes (2006) on our article on revenue recognition, which was published last year in this journal (Wüstemann and Kierzek, 2005). While Alexander primarily objects to our statement that there is a ‘requirement of legal certainty in the European Union’, Nobes challenges our interpretation of the true and fair view principle and its role in the endorsement and application of International Financial Reporting Standards (IFRS) in the EU. We rebut Alexander's objections by providing references, which evidence that the principle of legal certainty represents a fundamental concept of Community law. We refute Nobes' counterarguments by inferring from the objective of the IAS Regulation and the purpose of the endorsement mechanism that a common meaning of the true and fair view principle must exist in the EU, that IFRS should only become applicable in the EU if they are not contrary to this ‘European’ true and fair view principle and that the true and fair view principle should also be considered in the application of IFRS in the EU, particularly in the choice of accounting policies for unregulated issues.     

Accountability and risk governance: a scenario-informed reflection on European regulation of GMOs

Regulating risks in the face of scientific uncertainty poses a particular challenge to policy-makers. Such problems are amplified when decisions are taken in a multi-level framework of supranational governance. The genetically modified organism (GMO) regulation in the European Union constitutes an especially salient issue of risk governance in a multi-lateral arena, as the topic is politically highly visible and decision-making is slow and contested. Furthermore, as authority is dispersed among multiple actors, European risk governance is in need of adequate mechanisms ensuring that decision-makers justify and account for their behavior. While legitimacy aspects of GMO governance have widely been examined, accountability relations within the field of GMO risk governance have hitherto only weakly been explored. Hence, this paper analyzes the question of who can be held accountable under the complex system of supranational risk governance. This paper claims that mere adherence by actors to the regulatory procedures during the decision-making process does not necessarily imply that overall accountability can be secured, resulting in ‘organized irresponsibility’. Although certain piecemeal accountability may exist, establishing overall accountability is complicated, precisely as a result of the complex system of interwoven rules.     

Travelling risks: How did nanotechnology become a risk in India and South Africa?

India and South Africa have invested in nanotechnology since the early 2000s and have identified risks to human health and the environment as an important issue for governance. This is exemplary for a wider trend in which ‘developing countries’ play an increasingly prominent role in the development, production and use of emerging technologies. This validates the claim of the world risk society thesis that countries around the world are now confronted with the risks of emerging technologies. Little is known, however, about the way developing countries deal with the potential risks of emerging technologies. Starting from the observation that the risk colonization of nanotechnology in developing countries cannot be taken for granted, this article draws upon the relational theory of risk in order to investigate how nanotechnology became understood as an object of risk in South Africa and India. The article shows that nanotechnology was constituted as an object of risk in rather different ways in India and South Africa, demonstrating that the spread of risk discourses – and the emergence of a world risk society – cannot be understood without attending to the local context. The article shows that way risk is understood and dealt with changes as risk discourses travel around the world, giving many different faces to the world risk society.     

‘Too systemically important to fail’ in banking – Evidence from bank mergers and acquisitions

In this paper, we examine the systemic risk implications of banking institutions that are considered ‘Too-systemically-important-to-fail’ (TSITF). We exploit a sample of bank mergers and acquisitions (M&As) in nine EU economies between 1997 and 2007 to capture safety net subsidy effects and evaluate their ramifications for systemic risk. We find that safety net benefits derived from M&A activity have a significantly positive association with rescue probability, suggesting moral hazard in banking systems. We, however, find no evidence that gaining safety net subsidies leads to TSITF bank's increased interdependency over peer banks.     

Engineered nanomaterials: risk perception,regulation and insurance

Concerns surrounding the health risk of engineered nanomaterials, effective regulation and the lack of specifically tailored insurance products for the nanotechnology sector are putting the industry’s long-term economic viability at risk. From the perspective of the underwriter, this article speculates on the relationship between risk perception, regulation and insurability. In the nanotechnology sector, regulators are currently failing to keep pace with innovation, and insurers generally lack guiding principles for underwriting occupational risk from nanomaterial exposure. Such vulnerabilities when combined with misguided risk perceptions can lead to the overpricing of risk transfer and ill-conceived regulatory initiatives, thus potentially exhausting resources and stifling innovation in the sector. In the absence of well-developed regulatory protocols, the insurance industry has, and will continue, to occupy a key role as an effective lobby in terms of improved risk management practice. We suggest that the insurance industry will increasingly rely on control banding frameworks and ‘risk mitigation at source’ methods developed in conjunction with their clients to manage severe acute diversifiable risks. Long tail risk will continue to represent a serious challenge to insurers and regulators. In the meantime, insurers will have to bridge their current needs with improvised solutions. As an example of one possible solution, we outline a framework that utilizes financial instruments to hedge an insurer’s exposure to uncertain estimates of these long-term risks.     

Influences of individual-level characteristics on risk perceptions to various categories of environmental health and safety risks

Over the last five decades, social science researchers have examined how the public perceives the risks associated with a variety of environmental health and safety (EHS) hazards. The body of literature that has been emerged diverse both in the methodology employed to collect and analyze data and in the subject of study. The findings have confirmed that risk perceptions vary between groups of individuals as well as between categories of EHS risks. However, the extant literature on EHS risk perceptions has failed to provide empirical insights into how risk perceptions can be best explained according to the interplay of both (1) the category of EHS hazard appraised and (2) the prominent individual-level characteristics that best explain observed risk perception differences. This study addresses this deficiency in the literature by providing insights into the individual and cumulative roles that various individual-level variables play in characterizing risk perceptions to various categories of EHS risks including ‘agentic risks’ like street drug use and cigarette smoking, ‘emerging technological risks’ like nanoparticles and cloning, and ‘manufacturing risks’ like air and chemical pollution. Our data are drawn from the 2009 Citizens, Science, and Emerging Technologies national study of United States households that investigated public perceptions of EHS risks, traditional and emerging media use, and various individual characteristics like personal demographics, socioeconomic factors, and perceptual filters. The findings show that some categories of EHS risks like those associated with emerging technologies may be more easily predicted than other categories of risks and that individual-level characteristics vary in their explanative power between risk categories even among a single sample of respondents.     

Risk association: towards a linguistically informed framework for analysing risk in discourse

This article addresses a fundamental feature of risk discourse, namely, risk association, defined as the process whereby an agent establishes a connection between something, x, and the notion of risk. In addition, risk association can be defined as the result of such a process, i.e. an established connection between x and risk. A special case of risk association is when x is linked to harmful properties and thus is represented as a risk. Although fundamental to any analysis of socio-cognitive attention to risks, the process of risk association is often taken for granted in risk research. A layered model of risk association is presented taking linguistic practices, i.e. the use of words, as the point of departure. Accordingly, there are both central and more peripheral means of risk association. The central means include the morpheme ‘risk’. More peripheral means of risk association are close synonyms and antonyms of risk (e.g. ‘hazard’, ‘danger’, ‘safety’ and ‘security’) and other related words (e.g. ‘crisis’, ‘protection’ and ‘threat’). For an illustration, the model is applied to an empirical example: the instructions for Swedish government agencies. The example illustrates how the exact vocabulary considered for operationalization in analysis has important consequences for the conclusions that follow with respect to the extent to which government agencies are associated with risk.     

Industrial chemical regulation in the European Union and the United States: a comparison of REACH and the amended TSCA #

Abstract

In June 2016, after decades of debate, the U.S. Congress enacted a major revision to the Toxic Substances Control Act (TSCA) of 1976, the U.S. regulatory law applicable to industrial chemicals. It has been theorized that Europe may seek to export its stricter environmental standards under REACH to the United States. Thus, it is interesting to examine whether the environmental, health, and safety practices – including the values – found in REACH impacted the TSCA reform debate in the U.S. We chose to focus the comparison on the following issues that were central features of REACH: responsibility to develop safety data, priorities for safety assessments, definition of the safety standard, restrictions on chemical use, and preemption of regulatory activity by lower levels of government. There are three major findings. First, the U.S. did not implement the EU’s solution of putting the burden of data generation, risk assessment, and risk management on the industry. Second, REACH is more precautionary in its design than the amended TSCA. Third, the new U.S. law is generally less strict than REACH in their requirements on industry, though it is also less preemptive of lower levels of government than REACH is. Moreover, the U.S. retains a common law approach to chemical-induced injury that is more punitive of industrial errors than is European Union law. The EU’s attempt to export REACH regulation failed in the case of U.S.A., as the U.S. Congress did not reform TSCA based on the REACH model. We conclude that, although the problems identified prior to the enactment of REACH were similar to those identified in the U.S., REACH’s key principles and elements were not adopted in the U.S.     

Communicating the ‘migrant’ other as risk: space,EU and expanding borders

Forced migration and border spaces as fault lines posing risks to society through the notion of ‘Othering’, remain under-explored in risk literature. With Europe facing its biggest humanitarian crisis with forced migration and displacement due to conflict zones, the borders of the European Union have received renewed attention in media. Refugees and the displaced are often depicted as ‘migrants’ and are seen as transgressing borders as illegitimate entities. Although increasing attention has been paid to border patrol and issues of securitization since 9/11, the ‘migrant’ body as ‘risky body’ in political and policy discussions is under-conceptualized and theorized in risk literature. We examine political discourses of the UK Government to discern how the migrant and the expanding borders of the EU are framed as forms of societal and economic risk and equally how these are mitigated with and through the discourse of space and borders. We take a constructionist approach to the ‘migrant’ problem in the EU and UK where risk is socially constructed through political discourse.     

Exchange rate and inflation risk premia in the EMU

This paper tests the effects of exchange rate and inflation risk factors on asset pricing in the European Union (EU) stock markets. This investigation was motivated by the results of Vassalou [J. Int. Money Finance, 2000, 19, 433–470] showing that both exchange rate and foreign inflation are generally priced in equity returns, and it studies the opportunity of evaluating the causality between these sources of risk after the elimination of the EU currency risks because of the adoption of the single currency. Our results show that both exchange rate and inflation risks are significantly priced in the pre- and post-euro periods. Moreover, the sizes of exchange rate and inflation risk premiums are economically significant in the pre- and post-euro periods. Futhermore, the UK and excluding-UK inflation risk premiums explain, in part, our evidence concerning a large EUR/GBP exchange rate risk premium and the existence of an economically significant domestic non-diversifiable risk after euro adoption. Hence overlooking inflation risk factors can produce an under/overestimation of the currency premiums and a miscalculation of the degree of integration of stock markets.     

Is the social representation of nanotechnology anchored in that of GMOs?

The use of nanotechnology (devices/materials composed of parts less than 10 nanometres) in the development of new products is rapidly expanding. Industrialists and decision-makers consider nanotechnology to be the next industrial revolution, but fear they risk the same resistance to nanotechnology that their counterparts experienced with genetically modified organisms (GMOs). Although risk perception studies have shown that perceived risk of GMOs is quite high compared to that related to nanotechnology, no study to date has explored a potential direct social representation link between the two. The present study aims to fill that gap by comparing the social representations of nanotechnology and GMOs among a population of non-experts. This study was conducted with 282 students in human and social sciences and natural sciences. Using a free association task with the inductive words ‘nanotechnology’ and ‘GMO (genetically modified organism)’, we identified the existing social representations of the two based on a structural approach. While the representation of GMOs is objectified in the field of agriculture, objectification for nanotechnology seems to still be lacking, although its possible objectification likely lies in computing and robotics. Our calculation of the rate of similarity of associative words with nanotechnology and GMOs indicated no present, direct link between their social representations. We discuss the possible evolution of the social representation of nanotechnology over time.     

Evaluation of psychosocial and organizational factors in offshore safety: a comparative study

This study compares UK and Norwegian offshore workers' evaluations of social and organizational factors that can have an impact upon safety on offshore installations. A total of 1138 Norwegian (87% response rate) and 622 UK workers (40% response rate) responded to a self-completion questionnaire, which was distributed to 18 installations in February/March 1994. The questionnaire contained six scales that were suitable and relevant for the purposes of comparison. These scales measured ‘risk perception’, ‘satisfaction with safety measures’, ‘perceptions of the job situation’, ‘attitudes to safety’, ‘perceptions of others' commitment to safety’ and ‘perceptions of social support’. The data show clear differences in how UK and Norwegian workers evaluate various social and organizational factors that can have an impact upon safety, however, eta² analysis indicated that for most of the scales ‘installation’ explained a greater percentage of the variance than sector. The exceptions to this were scales measuring ‘safety attitudes’ where both sector and installation contributed equally to the effects. Although the results from the ‘safety attitudes’ scales should be interpreted with caution (due to low internal reliability), it is possible that they are tapping into more deeply held beliefs about the nature of safety, e.g. ‘fatalism’ and the ‘causes of accidents’. In contrast, the other scales are measuring factors directly related to the working environment such as perceptions of risk and satisfaction with safety measures on the installation. These may reflect the prevailing ‘safety climate’ or ‘atmosphere’ on the installations surveyed, whereas constructs such as ‘fatalism’, etc. may be reflections of underlying ‘cultural’ values. Recognizing the existence of different ‘safety cultures’ and understanding the processes which lie behind them could have implications for safety management in an industry which is highly international in nature and in which workers' are often required to work in foreign countries for varying periods of time.     

The Civil Service—The Way Forward

By focusing on the intentional interventions of recent governments, many accounts of UK local governance have under-estimated the significance of evolutionary local institutional change. This article corrects that imbalance. Following an exploration of ideas associated with the ‘adaptive state’, the article considers the relevance of the concept of ‘disciplined pluralism’ to an appropriate rebalancing of the legitimate interests of the different stakeholders in local public services. The author also examines the fundamental issue of the desirable future operating code for managing local institutional innovation.     

The Effects of Liberalisation on Market and Currency Risk in the European Union

This paper investigates the effects of liberalisation on the pricing of market and currency risk for a number of financial markets in the European Union (EU). An International Asset Pricing Model with a multivariate GARCH‐in‐Mean specification and time‐varying prices of risk is used for the four markets with the largest capitalisation in the EU. Only one price of market risk exists and international investors are rewarded for their exposure to currency risk. The evidence shows that all prices of risk are time‐varying and have been decreasing during the process of liberalisation. There is also evidence that markets react to period of uncertainty in the process toward the completion of liberalisation. In addition, the operation of the European Monetary System has generated lower covariances. As a consequence, total risk premia have declined in the last decade.     

The EC courts' contribution to refining the parameters of precaution

By virtue of its ambiguity, it has largely been left to the courts to flesh out the scope and application of the precautionary principle. This paper examines the contribution made by EC courts to defining the parameters of precautionary decision making. In so doing, it illustrates that, though the precautionary principle is seen to operate in a number of regulatory contexts, discernible trends in judicial interpretations of precaution and the underlying notion of ‘uncertainty’ can nevertheless be identified. In contrast with early judgments, the courts are beginning to explicitly interpret risk assessment processes as having a pivotal role in determining precautionary intervention. Rather than finding simply that circumstances of uncertainty warrant precautionary measures, the courts have started to require that clear, or ‘concrete’, evidence of harm, deriving from risk assessment, is established before intervention is justified. This paper posits three explanations for this shift: (i) the ‘better regulation’ initiative within Europe; (ii) the Commission's Communication on the Precautionary Principle; and (iii) WTO litigation on precautionary safeguard measures. The judicial move to affiliate precaution with risk assessment processes in decision making can be seen as a reflection of these factors.     

Assessing the utility of risk management theory in the governance of new states: lessons from South Sudan

Abstract

South Sudan was born amid great hope for a country that boasted vast natural wealth. Inheriting a virtually lunar political and economic landscape, this hope quickly gave way under kleptocratic governance and corruption, a volatile political environment with recent horrendous violence, and the ensuing loss of oil revenues and cuts in foreign investment and aid. These current crises were based on a historical lack of effective and legitimate power: South Sudan, in reality, has historically existed as a geographical appellation, with a bare minimum of cohesive society and functional nation-state, but with far more potent of trans-historical interethnic antipathies among its fractious communities and competing regions. To date, the reasons for South Sudan’s quick failure are rooted in either the vague problems of newness (fragility) and/or missteps by its elites (risk). This article assesses the relevance of political risk management literature for guiding the governance of nascent states and seeks to establish some criteria for distinguishing generic weakness from the risky behavior of political elites in engendering state failure. It asks whether the political elites of South Sudan were thinking about risk prior to the crisis, and why this risk management was so flawed – if it existed in the first place. The challenge is not only in disciplining, codifying, and containering the future through law-like regulations – but in managing the hazardscapes and complex risk milieu, such as, triggers that activate blowups. Always politicians – and especially in South Sudan – do not think through these concepts, and if they do, things might go better.     

Consumers’ collision insurance decisions: a mental models approach to theory evaluation

Using interviews with 74 drivers, we elicit and analyze how people think about collision insurance coverage and decide whether to buy coverage, and if so, what deductible level to carry. We compare respondents’ judgments and behaviors to predictions of three models: baseline expected utility (EU) theory, which predicts that insurance is an inferior good, meaning more wealthy people buy less; a modified EU model, which incorporates income constraints and suggests that property insurance is a normal good, meaning more wealthy people buy more; and a mental accounting model which predicts that consumers budget income across consumption categories. The results suggest they purchase insurance as a normal good, guided by a cognitive model that emphasizes budget constraints. Verbal reports reveal a desire to balance two conflicting goals in deductible decisions: keeping premiums ‘affordable’ and keeping deductible level ‘affordable.’ Thus, wealth does not distinguish people by risk aversion, but by ability to pay. In other words, the behavior of less wealthy people is not driven by greater risk aversion, but by their lesser ability to pay, both now and later. We find that a simple heuristic using only vehicle value accounts for most decisions of whether to purchase optional collision coverage: out of 45 respondents who did not have loans on their vehicles, 90% of those with vehicles worth more than $1000 carried collision coverage, while less than 30% of those with lower‐valued vehicles did.     

Public perceptions of the dioxin incident in Irish pork

In early December 2008, a global recall of Irish pork was initiated as a result of a subset of the national pork output being contaminated with dioxin. In this study, members of a panel from an Internet‐based longitudinal monitor of public opinion on food and health issues were used to assess public perceptions about the dioxin incident in late December. Although most respondents did not regard food as posing a risk to health, a larger proportion of respondents reported that that there was a ‘very high’ health risk from pork (8.6%) compared to any other food of animal origin. However, when asked to rank the risk posed to human health from a broad range of food and non‐food hazards, PCBs/dioxins were considered to pose less of a risk than high fat food, chemical pollution, or tanning. The majority of respondents (70.5%) considered that the authorities managed the incident in an ‘adequate’ or ‘very efficient’ manner. Respondents who considered that the authorities’ management of the incident was ‘incompetent’ rated the risk associated with eating Irish pork to be higher than those who considered that the authorities’ management was ‘very efficient’. Both the European Food Safety Authority and the Irish food safety authorities pronounced that there was no risk to human health from the level of dioxin in the pork. These communications, coupled with the rapid handling of the incident in an open and transparent way, reassured consumers and maintained their confidence in the food supply.