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Dissertations / Theses on the topic 'Insurance Law and Governance'
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1
Strijdom, Glyniece Candice da Costa. "The duplication in the classification of funeral insurance and its effect on the policyholder: A comparative study." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78732.
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"Death is inevitable. A funeral, in one form or another, regardless of culture or religion, is inevitable. Obtaining insurance cover for a funeral is usually easy, generally affordable, and most importantly: based on an inevitability.
It is therefore not surprising that funeral insurance is a considerable portion of Life Insurance business in South Africa. Countless South Africans ensure that, even if they have no other insurance policies in place, they have, at the very least, funeral cover for themselves or their loved ones.
In terms of the Insurance Act 18 of 2017, there are a total of nine classes of Life Insurance Business, namely: Risk, Fund Risk, Credit Life, Funeral, Life Annuities, Individual Investment, Fund Investment, Income Drawdown and Reinsurance. Funeral cover can be underwritten under either the Risk class or the Funeral class of Life Insurance Business.
The classes of Life Insurance Business have various prudential and market conduct standards that need to be adhered to. Although some of these standards are constant throughout the various classes, there are some standards that differ. The mini-dissertation explores these differences, as well as what effect these differences would have on the public.
In essence, the author discusses the two classes in which funeral insurance
can be underwritten, the various standards that are applicable to the two classes, as well as whether or not the choice of class would ultimately affect the policyholder, and if so, if said effect is to the policyholder’s detriment."Mini Dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Unrestricted
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Prabhakar, Rahul. "Varieties of regulation : how states pursue and set international financial standards." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:eba01ce6-e081-447e-bf2a-73790e83c916.
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What explains the form and substance of international financial standards? Form refers to the legal or non-legal bindingness of an international standard. Substance refers to how significantly the standard changes the international status quo. The form and substance of international standards on bank capital adequacy, hedge funds, “bail-in” resolution, and insurance capital adequacy challenge the predictions of major rationalist, realist, and two-level perspectives. I propose a novel theory and present original evidence to test two central claims. First, the structure of domestic institutions and strategic interaction within a state incentivizes an actor from that state to prefer and pursue a certain form of international standard: legally or non-legally binding. The state actor, as a first mover, aims to propose a standard at an appropriate international institution which produces standards of its preferred form. Second, the state actor must bargain with representatives of other states according to certain decision-making rules at the international standard-setting institution. The type of decision-making rule used in bargaining—not the market power or other characteristics of key players—explains the substance of the final standard. More restrictive decision-making rules, which use majority or supermajority voting, lead to greater change than open rules, which are based on consensus or unanimity voting. My empirical findings remove the veneer of technocratic legitimacy associated with international standard-setting to reveal intense distributional battles. In pursuing the Basel capital standards, the US Federal Reserve has been motivated more by turf wars with other US bank regulators than by its publicly stated desire to create a “level playing field” for internationally active banks. Supported by domestic collaboration between regulators and industry, French officials set a legally binding and deep de facto international standard for hedge fund managers over the vigorous objections of the City of London. By pursuing a soft standard on bail-in, the Bank of England has sought not only to protect taxpayers from costly bailouts, but also to keep Her Majesty’s Treasury at arm’s length. The lack of international insurance regulation is due not to the lack of effort by the UK Financial Services Authority and its European partners, but to open decision-making rules that allow US state regulators, albeit fragmented and under-resourced, to protect the international status quo. In each of these cases, I specify how domestic and international institutional settings provide enduring opportunities and constraints for key players in global finance.
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Aljahdali, Hani. "Building an effective framework for institutional investor activism and minority shareholder protection in Saudi Arabia : lessons from the UK." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/building-an-effective-framework-for-institutional-investor-activism-and-minority-shareholder-protection-in-saudi-arabia-lessons-from-the-uk(23c54771-8219-4c55-8fee-7876c145fbcd).html.
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Corporate governance practice differs regionally and nationally, depending on how each legal environment protects minority investors, capital markets and company ownership structure. Governance can also change spectacularly in regions or countries with comparatively high levels of institutional investment. The notion of institutional investors' activism is increasingly important in developed markets as the ideal corporate governance mechanism to monitor corporate managers and overcome agency problems arising from dispersed corporate ownership in modern companies. These institutions can work together on an improved corporate governance framework more effectively than individual investors, monitoring corporate controllers of listed companies in emerging and developing markets, using their influence more vigorously and in ways more fitting to a concentrated ownership environment such as that in Saudi Arabia. Consequently, the role of institutional investors in emerging and developing markets will depend strongly on institutional investors' activism and the arrangements determined and undertaken by the corporate governance regulatory framework in these markets. In considering the influential role of institutional investors to improve corporate governance practice, a high level of minority shareholder protection thus remains an indicator of good corporate governance and regulatory pressure of rights and incentives, which are necessary to empower non-controlling shareholders in these concentrated ownership markets to exert a strong activist influence in monitoring corporate activities, thus improving the corporate governance practices of investee companies. In this context, this thesis contends that in Saudi Arabia in particular, shareholder involvement in corporate governance is inadequate, as a result of a variety of economic and regulatory obstacles. It goes on to identify what improvements are necessary and where, to ensure a sound framework for effective institutional investor activism and to improve the level of minority shareholder protection. It also cautions Saudi legislators against erecting hurdles to the future engagement of Saudi and foreign institutional investors in monitoring corporate activities which may affect the conditions for access, allocation and monitoring of equity, which is so important for value creation and sustainable economic growth. The main benefit to be derived from this research is that it facilitates a fuller understanding of the Saudi approach to corporate governance, the corporate ownership environment and trends in the capital market. The analysis also deepens knowledge of corporate governance regimes, including the role of institutional investors, and of their characteristics and investment behaviours. In short, it considers whether institutional investors are willing or have been encouraged to use their power to engage in the companies in which they invest and whether they are qualified to solve the agency problem.
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Mahmood, Nik Ramlah Binti Nik. "Insurance law in Malaysia." Thesis, Queen Mary, University of London, 1988. http://qmro.qmul.ac.uk/xmlui/handle/123456789/28965.
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It is generally assumed that by virtue of s. 5 of the Civil Law Act 1956 (Malaysia), which deals with the application of English law, the law of insurance in Malaysia follows strictly the law of England either as it stood on 7 April 1956 (for the states of Johore, Kedah, Kelantan, Negri Sembilan, Pahang, Perak, Perlis, Trengganu and Selangor) or as it stands currently (for the states of Penang, Malacca, Sabah and Sarawak). Whilst this is essentially correct, there are several factors which result in the development and application of some divergent principles. This thesis seeks to trace the general body of insurance law which has developed in Malaysia. It starts with a historical account of the insurance industry in the country. This is followed by ten chapters dealing with the main aspects of the substantive law. In these chapters, an attempt is made to highlight any noticeable departure from the statute law or common law of England. Such a departure may be due to the fact that the relevant law in Malaysia differs from that in England, for example the provisions of the Contracts Act 1950 (Malaysia) in relation to contractual formalities. Again, the provisions of the Insurance Act 1963 (Malaysia) in relation to insurable interest differ from the English common law. Moreover, Malaysian judges have interpreted and applied the common law in ways which do not always mirror English developments. Even where there are almost identical statutory provisions, such as those in relation to trusts of life policies, there may be problems which are unique to Malaysia because of the different personal laws of its peoples. The next chapter deals with Compulsory Third Party Motor Insurance which is the most important branch of general insurance in the country. The thesis then describes the introduction of a parallel system of insurance, ie. the Islamic system of insurance in the country, a development in Malaysia and a few other Muslim countries. The final chapter looks at how Malaysia, as a developing country, regulates its insurance industry.
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Enright, Walter Ian Brooke. "Themes in insurance law." Thesis, University of Exeter, 2017. http://hdl.handle.net/10871/33899.
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1. There are two major pieces of work (the Code Review and Sutton) and a number of themes that are the subject matter for this submission. The Insurance Council of Australia appointed me as the Independent Reviewer of the General Insurance Code of Practice, under the Code and the Terms of Reference, on 3 May 2012. 2. The Code Review work took about two years and involved the Code Issues Paper in October 2012 of 111 pages and the Code Review Report in May 2013 of 205 pages. The majority of my recommendations were accepted and the report has made a contribution to the rethinking of self-regulation and the place of voluntary codes in financial services. By then I was writing, with Professor Robert Merkin QC Sutton on Insurance Law for its 4th Edition. It is two volumes, 24 chapters and about 2100 pages excluding tables and index; my contribution was 12 chapters totalling about 960 pages. 3. The Code Review work, particularly on government agency regulation and self-regulation, influenced the pervasive material in Sutton on regulation. It was the subject of the AIDA Rome paper in 2014 on Principles for Self-Regulation; the paper was published by AIDA. 4. Sutton was published in 2015. Its themes are set out below. Those themes are in turn influences in the other work for this submission. There are seven main themes in the publications which I present in this submission. 5. The historical influences in relation to my Code Review and the historical contextual material in Sutton stimulated my interest in the wider influences on the development of commerce, insurance and law, with a central interest in the ethical foundations of the law and regulation. This aspect was also developed in the Masel Lecture and the article William Murray, Lord Mansfield: His Life, Times and Legacy – Good Faith and Good Works. 6. There had been a number of issues raised in my Code Review about mental illness, insurance and discrimination. I spoke at AIDA in Rome 2014 on Insurance Discrimination Law and the paper was published by AIDA. Then in 2016, the Australian Centre for Financial Studies commissioned me to write the ACFS MID Paper on the use by insurers of mental illness data. The historical perspective and the regulatory framework were important features of both papers. 7. A number of the Sutton themes were first opened out in my Professional Indemnity Insurance Law. The main themes were, in decreasing order of connection with Professional Indemnity Insurance Law, as follows. The first theme is the identification, development and application of the indemnity principle. The second is the adaptation and application of the analysis of contracts by primary and secondary obligations. This theme is in Sutton on the main concepts in insurance as well as liability insurance issues. The Liability Disputes Chapter condenses this thinking and account. The third theme was a renovation of how life insurance issues should be analysed and presented. This life insurance material was then adapted and infused with practical guidance on the decision making process on some issues for the FOS Life Insurance Manual. I developed an aspect of life insurance in the TPD Article. Each of these themes are in my submission original in concept and execution. Each has influenced the development of the law by legisation and the courts.
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Góngora, Luis Jorge. "Aviation insurance." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21682.
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This thesis examines the subject of aviation insurance from the broad international market perspective, mainly covered by London, and the structure, content and interpretation of typical aviation insurance policies An historical background is provided to give an overview on the matter. Precedents from various jurisdictions have been noted. Because policies written for several types of insurance frequently contain provisions similar or analogous to those found in common aviation insurance policies, those provisions, and references to the few authors who have written on the matter, are quoted frequently.
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Bugra, Aysegul. "Delay in marine insurance law." Thesis, University of Southampton, 2014. https://eprints.soton.ac.uk/370454/.
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Delay in marine adventure is an important and frequent phenomenon of maritime transport and it affects various parties and their interests under several types of marine insurance policies, including but not limited to hull and machinery, cargo, freight and loss of hire. Losses arising from delay are almost always excluded under the standard forms of these policies and under the Marine Insurance Act 1906 (MIA). This thesis traces back the common law origins of the exclusion, identifies the motivations behind the exclusion and submits that the risk of delay and some types of losses arising therefrom were not always excluded under the common law. By introducing distinctions among the types of delay, the work argues that the judgments in favour of the exclusion of delay losses shall be interpreted according to the type of delay and shall not be authority for all types of delay. The findings of the work accordingly clarify and considerably restrict the scope of the exclusion. The thesis also tackles the MIA provisions pertaining to the impact of delay on voyage policies. It argues that the relevant provisions are not clear and do not entirely reflect their common law background. On the ground that they have not been litigated since the enactment of the MIA, the research assesses whether they are obsolete and proposes that the provisions should be retained subject to reforms.
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Olubajo, Ahmed Tolulope. "The law of co-insurance policies." Thesis, University of Southampton, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.398829.
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Hj, Besar Mohd Hairul Azrin. "Exploring the governance of Takaful (Islamic insurance) in Brunei." Thesis, University of Glasgow, 2017. http://theses.gla.ac.uk/7810/.
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The prohibition of insurance as specified in the conventional business model has led to Takaful being established for the Muslim community to fulfil their accountability/obligations towards Allah. The absent of a contract in Takaful, a replacement of the conventional sale contract in insurance has resulted in the emergence of Muamalah contracts as a basis for contractual structures and this bear the minimum acceptable requirement of Shariah. The attainability of such contractual structures to be used in Takaful had been unstable in the sense that it needs various reviews, and this has occurred precisely because it has been laden with both Shariah compliance and operational issues detaching the contracts from its original Shariah and economic substances. This research explores how the governance of Takaful in Brunei considered and adapted unstable contractual structure for Takaful operation inciting the divergence from the fundamental principles of Shariah. The main objective of the research is to explore the governance of Takaful in Brunei. The research seeks to identify and analyse the factors that influence the adaption of the Takaful contractual structure, examine the logics behind the current governance framework, and investigate the disclosure of information and financial reporting of Takaful. It utilizes the interpretive approach and this is supported by qualitative research methods in the form of interviews, participant observation and document review. The thesis also uncovers the causal factors of the necessity to adapt unstable contractual structure, and this in turn raises the concern of how Takaful is governed. In this work neo institutional theory of institutional isomorphism is used to identify these factors and the manner in which they influence the adaption process. In addition, the logical reference exhilarating the governance framework of Takaful is examined through the lens of institutional logic theory to understand why it has not been possible to alleviate concerns surrounding the adaption of the contractual structure. The analysis also extends to unravel the core logics of governance driving Takaful disclosure and financial reporting. Empirical findings show that the Brunei government has been the main driving factor in terms of adapting the current contractual structure during the initial creation of Takaful in Brunei. Ironically conventional insurance has been used to define the boundaries for structuring the contractual model for Takaful to replace conventional insurance model. Other factors at the macro (e.g. government influence), meso (e.g. the industry) and micro (e.g. between the companies and within each company) levels have also influenced the current contractual structure through the main three forces: coercive (e.g. government enforcement), normative (e.g. Legal Framework) and mimetic (e.g. following other Takaful operators). Decoupling the substance of the contract and actually implementing it is masked by the Shariah governance responsible for approving the individual contracts without evaluating the whole business structure from the Shariah perspective. The business and Shariah logics are the main dominance of Takaful governance frame of reference. Separation between these two logics served as sustainable force for its ability to reflect the compliance status desired by the industry. This creates trust in governance and an environment of adhering to Shariah in good faith. Disclosure and financial reporting decisions are driven by the regulatory, market and Shariah logics, where the regulatory logic dominates the mandatory disclosures. Finally, in evaluating these factors that influence the governance of Takaful in Brunei the thesis offers options of how to improve the contractual structure and addressing concerns thereof.
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Rohloff, Christoph. "Global Governance : ein tragfähiges Friedensprojekt?" Universität Potsdam, 2011. http://opus.kobv.de/ubp/volltexte/2012/6102/.
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Inhalt:
- 1. Einleitung
- 2. Ein friedensstrategisches Vakuum?
- 3. Wandel in den Internationalen Beziehungen
- 4. Der Sicherheitsbegriff im Global-Governance-Ansatz
- 5. Bestehende Global Governance-Strukturen im Bereich „Frieden und Sicherheit“
- 6. Fazit: Gemeinsame Sicherheit als friedensstrategisches Leitbild
- Literatur
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Nelson, James Michael. "Essays on corporate governance." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/288976.
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Despite a great deal of interest by institutional investors and others in the issue of corporate governance, there is surprisingly little empirical evidence linking governance practices with firm performance. This dissertation examines the link between corporate governance practices and firm performance, acknowledging the endogenous nature of the relationship. I begin by defining corporate governance as a set of constraints and incentives on managers and shareholders bargaining to determine how the value of the firm will be allocated. In chapter one, I examine an unbalanced panel of 1,721 firms from 1980 to 1995, which includes each firm's charter and bylaw provisions, existence of a poison pill, applicable state anti-takeover laws, and board composition data, combined with financial data from CRSP and Compustat. This chapter provides the stylized facts about corporate governance today and details how governance practices have evolved over time. It also provides an explanation as to why shareholders would be willing to adopt governance provisions that have the potential to constrain their future allocations of firm value. I document that firms adopting governance provisions requiring shareholder approval tend to out perform benchmark portfolios prior to adoption and firms adopting poison pills under perform benchmark portfolios prior to adoption. I find that firms tend to under-perform benchmark portfolios following the adoption of governance provisions that are potentially harmful to shareholders. I find no relationship between CEO age, tenure, or compensation surrounding governance changes. In chapter two, I investigate the relationship between corporate governance practices and firm performance by examining firms where the constraints imposed by the governance system are most likely to be binding, i.e., firms that have experienced significant declines in quarterly operating performance. My results suggest that firms covered by fair price charter amendments and/or state control share acquisition statutes take longer to recover from declines in operating performance. I also examine firms with significant negative shocks in quarterly earnings, and find the persistence of these shocks is greater in firms covered by a freeze out statute and the persistence is lower in firms covered by cash out statutes, findings consistent with some governance features constraining shareholder value.
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Chen, Sanming. "Subrogation in the law of marine insurance." Thesis, University of Southampton, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340328.
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Summer, Judith Penina. "Insurance law and the Financial Ombudsman Service." Thesis, University of Southampton, 2009. https://eprints.soton.ac.uk/67654/.
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This thesis is the only study there is of the workings of the Financial Ombudsman Service ('FOS') and a comparison between court and FOS attitudes and approaches to insurance cases. A court and the FOS may decide matters differently because the FOS does not have to apply the law strictly, whilst a court does. The author of this thesis has examined the FOS and Financial Services Authority ('FSA') websites, handbooks and other material, and all of the near monthly journals of Ombudsman News ('O.N.') since the FOS began in 2001, analysing it against the law to determine the question of this thesis: whether the FOS should in fact apply the law strictly, and not allow principles of fairness and reasonableness to override the law in the particular circumstances of a case. Should certainty of outcome and of applying law established and modified over hundreds of years be sacrificed to allow the FOS to apply its overriding discretion in the interests of justice in a relatively few cases? Should both insurers and insureds be able to obtain legal advice on their relative positions, without that advice having to mention unpredictable outcomes if the ombudsman chooses not to follow the strict legal position? If the law does not offer the consumer insured enough protection, should the FOS be the forum that does, and if so, does it give enough protection? This study does not look at the decisions of the Insurance Ombudsman Bureau ('IOB') which preceded the FOS. Where a point is not dealt with below, it has not been highlighted in FOS publications to date and it is unclear how relevant IOB decisions on that point will be.
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Modeme, Lawrence Emeka. "Right to popular governance in international law." Thesis, University of Manchester, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.508892.
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Osofsky, Hari. "Scales of Law: Rethinking Climate Change Governance." Thesis, University of Oregon, 2013. http://hdl.handle.net/1794/13297.
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The international treaty regime on climate change is failing to address this problem adequately and cannot fully capture the scales of the problem or of efforts to address it. This dissertation draws from geographic conceptions of scale and legal governance theory to: (1) argue for the value of polycentric, multi-scalar approaches to climate change governance, (2) explore the nuances of what such approaches entail, and (3) propose strategies for improving their effectiveness. It does so by applying these theoretical approaches to three case studies: climate change litigation, federal climate change regulation, and suburban action on climate change. For each of these case studies, it demonstrates the complexity of defining scales and scalar dynamics and considers how the activity being described does and should fit into multi-scalar governance approaches. It concludes by reflecting upon the lessons from the case studies for how to understand the geography of multi-level governance approaches and to approach its core principles of hybridity, multi-scalar, and inclusion.
This dissertation includes previously published material.
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Harris, Rudessa. "Corporate Governance law reform in South Africa." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60052.
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Cosens, Barbara A., Robin K. Craig, Shana Lee Hirsch, Craig Anthony (Tony) Arnold, Melinda H. Benson, Daniel A. DeCaro, Ahjond S. Garmestani, Hannah Gosnell, J. B. Ruhl, and Edella Schlager. "The role of law in adaptive governance." RESILIENCE ALLIANCE, 2017. http://hdl.handle.net/10150/623958.
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The term "governance" encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities) or to provide remedies for emerging problems (such as pollution). Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal system, we present guidelines for evaluating the role of law in environmental governance to identify the ways in which law can be used, adapted, and reformed to facilitate adaptive governance and to do so in a way that enhances the legitimacy of governmental action.
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McGaughey, Ewan. "Participation in corporate governance." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/3079/.
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Over the last thirty years there has been a remarkable functional convergence in the way companies are run. Behind directors, asset managers and banks usually participate the most in setting the ultimate direction of corporations, as they have assumed the role of stewardship over shareholder voting rights. At the same time, an increasing number of people’s livelihoods and old age now depend on the stock market, but these ultimate contributors to equity have barely any voice. Why has there been such a separation of contribution and participation? Two positive theses explain this convergence in corporate governance, one political, one economic. The first positive thesis is that laws which guarantee participation rights in investment chains (either for shareholders against directors, or for the ultimate contributors against institutional shareholders) were driven by a progressive democratic movement, but very incompletely compared to its social ideals. The second positive thesis is that when there have been no specific rights in law, the relative bargaining power of different groups determined the patterns of participation, whether the outcomes were reasonable or entirely arbitrary. In practice, the separation has grown between those who contribute to equity capital and those who participate in governance. These theses are preferable to existing narratives in political literature, and law and economics, which entail predictions of different forms of rational interest-driven institutional evolution. On the contrary, participation in corporate governance is largely unprincipled. The evidence is found in the historical development of participation rights in the UK, Germany and the US. Does the separation of contribution and participation matter? One normative thesis is derived from the historical evidence. It proposes that the separation of contribution and participation is a pressing concern, precisely because participation in corporate governance, as it stands, manifests no coherent principles. Asset managers and banks have gathered shareholder voting rights through no better reason than their peculiar market position as investment intermediaries. They have significant conflicts of interest when they exercise voting rights with other people’s money. They are able to use votes like any other selfperpetuating interest group would, because they are not effectively accountable to their natural beneficiaries: the ultimate investors. To ensure that the successes of modern corporate law are not unravelled, corporate governance should protect the principle of a symmetry between contribution and participation. This will mean that in the future, corporate governance becomes more economically efficient, sustainable, and just.
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Njikam, Martha Simo. "Insurance law in England and Cameroon : a comparative study : with special reference to motor vehicle insurance." Thesis, University of Sheffield, 1986. http://etheses.whiterose.ac.uk/1852/.
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The purpose of this research study is to examine the present state of Insurance law in Cameroon with particular reference to motor insurance, bringing out the fact that with the exception of certain areas, there exist two systems of insurance law in Cameroon; one in the English-speaking part and the other in the French-speaking part. This work proposes that this distinction ought not to continue and advocates the unification of insurance laws. For reason of space not all the fundamental principles of insurance law and regulation will be attempted: hence some valuable material cannot be included in this thesis. Motor vehicle insurance was chosen for these reasons. First, it is the most common form of insurance in both English and French-speaking Cameroon. Second, it is, in practical terms, the most important type of liability insurance. It is therefore, of greatest interest and relevance to the Cameroonian public comprising insurance companies, policyholders, victims of accidents and the dependants of victims. This has led the state to intervene in regulating motor vehicle insurance a great deal more than in other branches of insurance. The approach adopted throughout is a comparative one, involving English, French and Cameroonian law. , In order to provide the reader with a background to the existence of the two legal systems in Cameroon, the introductory chapter traces the evolution of law with particular reference to the colonial era. The Reason for Government Regulation of certain aspects of insurance law in the countries involved is then examined (Chapter One). This intervention has been exercised through Government Control of Insurance Concerns (Chapter Two), Compulsory Motor and other Insurances (Chapter Three), the provision of a .Motor Insurance Fund (Chapter Four) and Regulation of Insurance Intermediaries (parts of Chapter Six). In the above areas where the government has intervened there now exists considerable uniformity in insurance law and practice throughout the Republic of Cameroon. However, there are still other aspects of the insurance transaction in which there are no uniform laws (see parts of Chapter Three dealing with the conceptual basis of liability and parts of Chapter Six dealing with Insurance Intermediaries and Disclosure. Further, see Chapters Five, Seven and Eight dealing with the Formation of the Insurance Contract, the Construction of the Insurance Contract and the Settlement Process respectively. Finally, this work concludes with proposals for reforming the present laws based on the material discussed, and in particular, a proposal for a Uniform Insurance Code for Cameroon.
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Nakueira, Sophie. "New architectures of governance : transnational private actors, enrolment strategies and the security governance of sports mega events." Doctoral thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12916.
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Includes bibliographical references.The FIFA World Cup has become one of the most sought after sports mega events by many countries in today’s society, as well as one of the most controversial. As I put the finishing touches on this thesis, the FIFA World Cup is taking place in Brazil. As with previous World Cups, the planning stage of the 2014 World Cup has been characterised by protests and considerable criticism, particularly concerned with the expenditures on mega event structures such as stadiums. FIFA, along with host country’s governments, has been a major recipient of criticism. This controversy has prompted many people to focus their gaze on the negative impacts of these events, particularly on disadvantaged populations. Sports mega events will no doubt continue to occupy a crucial space in political and economic debates within host countries. As important as these debates are, they have tended to direct attention away from the governance mechanisms that FIFA deploys in staging World Cups. This thesis seeks to redirect attention to these governance issues.
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au, Jeremy@malcolm id, and Jeremy Mark Malcolm. "Multi-Stakeholder Public Policy Governance and its Application to the Internet Governance Forum." Murdoch University, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20080416.94945.
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There are many networks of transport and communication that cross national borders, but the Internets infrastructure has been designed to do so with unusual subtlety. As a result, public policy issues raised in governance of the Internet tend to be inherently transnational in nature. This makes the legitimacy of a purely domestic legal approach to Internet governance questionable. The fact that conflicting domestic regimes may interfere with each other, and may clash with the transnational cultural and technical architecture of the Internet, further complicates an approach to governance based around legal rules. But on the other hand more traditional and decentralised mechanisms of Internet governance such as norms, markets and architecture suffer their own deficits of both legitimacy and effectiveness.
Governance by multi-stakeholder network conceptually provides a solution in that it brings together each of the other mechanisms of governance and the stakeholders by whom they are commonly employed. Such a multi-stakeholder approach has begun to permeate (and in some issue areas even to supersede) the existing international system, as partially evidenced in the Internet governance regime by reforms that took root at the World Summit on the Information Society (WSIS) and have begun to find expression in its product, the Internet Governance Forum (IGF).
Governance by network does not however emerge spontaneously, but requires supportive institutional structures and processes. To maximise the legitimacy and effectiveness of these, and to ensure their interoperability both with the international system and with the architecture of the Internet, requires a balance to be struck between the anarchistic and consensual organisational models typified by native Internet governance institutions such as the Internet Engineering Task Force (IETF), and hierarchical and democratic models drawn from governmental and private sector examples and from the study of deliberative democracy.
As an early experiment in multi-stakeholder governance by network, the Internet Governance Forum does not quite strike the correct balance: its hierarchical structure under the leadership of the United Nations is incompatible with its multi-stakeholder democratic ambitions, and more importantly it lacks the institutional capacity to fulfil its mandate to contribute to public policy development.
This can largely be redressed by reforming the IGFs plenary body, and its online analogue, as venues for democratic deliberation, subject to the oversight of an executive body or bureau to which each stakeholder group appoints its own representatives, and which is responsible for ratifying any decisions of the larger group by consensus. In particular, requiring this bureau to broker consensus between stakeholder groups (as in a consociation), rather than just amongst its members at large, can assist to diminish the power games that have limited the IGF to date.
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Bengtsson, Björn. "Corporate Governance Kod i Sverige." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3412.
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Jag valde att i min uppsats behandla den svenska Koden för bolagsstyrning
(Corporate Governance) och mitt syfte var att göra en jämförelse mellan Kodens
och Aktiebolagslagens regler för bolagsstyrning För att lyckas med detta har jag
använt mig av den traditionella juridiska metoden och utgått från den
rättsdogmatiska ansatsen.
Bolagen ska, enligt Koden, offentliggöra tid och plats för stämman i samband
med att tredje kvartalsrapporten lämnas. I god tid ska bolaget på sin hemsida
informera om aktieägarnas rätt att få ärende behandlat av stämman och Koden
har även noterat ett ökat internationellt ägande i svenskt näringsliv och därför
ska bolaget överväga om stämman ska simultantolkas. Även regeln om att man
ska kunna delta i bolagsstämma från annan ort underlättar för utländska ägare.
En av de stora nyheterna i Koden är att bolagen ska ha en valberedning med
uppgift att nominera kandidater till styrelsen, ge förslag till arvodering av
styrelsen, nominera revisor och föreslå arvode till revisorn. Bolagen ska även ha
ett revisionsutskott, med ansvar för kvalitetssäkra den finansiella
rapporteringen, och ett ersättningsutskott med ansvar för att bereda förslag till
principer för ersättningar och andra anställningsvillkor för bolagsledningen.
Utöver att stärka ägarnas position är informationsgivning Kodens nyckelord. På
bolagets hemsida ska en speciell plats skapas där all information som krävs
enligt Koden ska vara lätt tillgänglig.
Koden fokuserar starkt på den interna kontrollen och transparens i ekonomin som jag anser är förutsättningar för ett väl fungerande näringsliv. Min slutsats blir därför att Koden har en stor funktion att fylla.
23
MacNeil, Ian G. "Insurance contract law in the single European market." Thesis, University of Edinburgh, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.531109.
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Seatzu, Francesco. "Insurance in private international law : a European perspective." Thesis, University of Nottingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364461.
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Xu, Ke. "Corporate governance in China : a 'law' unto itself." Thesis, Lancaster University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.539643.
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Wastesicoot, Jennie. "Tapwetamowin: Cree Spirituality and Law for Self-Governance." JCharlton Publishing Ltd, 2014. http://hdl.handle.net/1993/30319.
Full textAbstract:
This doctoral thesis explores the uniqueness of Cree spirituality and law, based in part on oral histories and on Euro-Canadian literal evidence, specifically the multi-volumes of the Jesuit Relations and the thousands of Hudson’s Bay Company manuscripts that re-enforce insights into this Aboriginal governing system. Taken together, the oral and literal primary evidences will define how spirituality and law pre-existed colonisation and are manifested within self-governing institutions currently pursued by First Nations. The purpose is to understand better Cree spirituality and law as captured in Cree self-government models. This Aboriginal legal history contains and studies a plan of action for future self-governance based on inherent Aboriginal legal traditions and jurisprudence.
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Steinorth, Charlotte. "Democratic governance and international law : ideas and realities." Thesis, London School of Economics and Political Science (University of London), 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.427753.
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Kiddell-Monroe, Rachel. "Global governance for health: a proposal." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=117209.
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Global health governance structures today are failing to address the global health crises either of communicable or non-communicable diseases (NCDs). I demonstrate that global health governance is characterised by a market justice approach to health and a lack of global health leadership, as evidenced by the negotiation of global intellectual property regulations and recent debates on access to NCD medicines. This raises three challenges for global health: (i) addressing broad participation, (ii) the dilution of the meaning of global health, and (iii) the co-optation of the global health agenda by corporate interests. Analysing the existing proposals from scholars in global health governance, I demonstrate that features of a policentric model of constitutional interpretation could be adapted to the global health context. I suggest that the three challenges can be addressed by establishing the respective roles and authority of the multiple global health actors under a post-Westphalian 'multicentric global governance for health' model. By tackling the trend of market justice in health and the absence of leadership in global health, multicentric global governance for health offers a framework in which WHO, States and non-State actors can collectively govern global health so as to promote equity and social justice.Les structures de gouvernance de la santé mondiale n'ont pas su répondre à la crise sanitaire mondiale à l'égard des maladies soient transmissibles ou non transmissibles. Je démontre que la gouvernance de la santé mondiale se caractérise par une approche à la santé de justice de marché et un manque de leadership en santé mondiale, comme en témoigne la négociation de règlements mondiaux sur la propriété intellectuelle et l'accès aux médicaments pour les maladies non transmissibles. Ceci soulève trois défis pour la santé mondiale: (i) aborder la question d'une large participation, (ii) l'affaiblissement du sens à donner à la santé mondiale, et (iii) la cooptation du programme sanitaire mondiale par des intérêts corporatifs.Suivant l'analyse des propositions de spécialistes en matière de gouvernance de la santé mondiale, je propose que des caractéristiques d'un modèle policentrique d'interprétation constitutionnelle pourraient être adaptées à un contexte sanitaire mondial. Je soutiens que les trois défis pourraient être traités en établissant les rôles respectifs des multiples acteurs en santé globale dans un modèle post-Westphalien de « gouvernance mondiale multicentrique pour la santé ». En attaquant la tendance de justice de marché en santé ainsi que le manque de leadership en santé mondiale, la gouvernance multicentrique pour la santé offre un cadre dans lequel l'Organisme mondiale de la santé, les États et les acteurs non Étatiques peuvent collectivement gouverner la santé mondiale afin de promouvoir l'équité et la justice sociale.
29
Zheng, Rui. "Fraudulent claims in commercial insurance law : a legal and economic analysis." Thesis, Swansea University, 2012. https://cronfa.swan.ac.uk/Record/cronfa42644.
Full textAbstract:
Insurance fraud is perhaps one of the most pressing problems challenging the insurance industry. The judiciary plays a significant role in tackling insurance fraud: the burden is on their shoulders to identify the appropriate legal rules governing fraudulent claims and determining the consequences of fraud. However, regrettably, this process has long remained elusive and in the recent decades the courts have tried but failed to formulate clear principles for the treatment of insurance fraud, so the process is, still, continuing. This judicial process is not free from difficulty particularly with regard to the consequence of presenting fraudulent claims. The failure of judicial attempt to formulate clear principles in this jurisdiction has attracted the attention of the Law Commissions which intend to pursue a reform at the legislative level. At the current stage, the law seems to stand at a turning point and try to adapt itself to the new situation. The author is of the opinion that this is the right time to provide a full-scale research in the jurisdiction of insurance fraudulent claims for the purpose of identifying the existing difficulties and confusions, shaping the appropriate legal regime and contributing to the evolving reform process of English insurance contract law. The author is also of the opinion that considering the viability of reform proposals from a novel perspective, namely economics and law, might add a very interesting dimension to the debate. It is believed that the law and economics debate would be helpful in explaining the outcomes of certain legal solutions and identifying the most appropriate legal remedy. Finally, the author also intends to examine to what extent the Law Commissions' proposal could be defended in the light of author's legal and economic analysis.
30
Li, Miao. "Marine insurance brokers' duties and liabilities." Thesis, University of Southampton, 2012. https://eprints.soton.ac.uk/345558/.
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The conduct of Marine insurance broker is subject to the general principles of agency law. However, it is also affected by the traditional customs and contemporary market practices in the field of marine insurance. As a result, marine insurance broker’s duties and liabilities have unique features which are different or not that common for other general agents. Firstly, marine insurance brokers have duties that will not be observed by other general agents who effect a contract on behalf of their principal. For example, marine insurance broker has a personal liability to pay the premium under the marine insurance contract he obtained for the assured. Secondly, marine insurance broker’s multiple roles in the course of its business frequently raise the issue of conflict of duty and interest. Thirdly, the broker’s way of placing a cover makes it hard to put the line between the broker’s service of providing information and the service of providing advice. This is crucial for assessing the broker’s liabilities when he fails to obtain the cover for the assured. These exceptional features make marine insurance broker’s duties and liabilities a valuable topic for research. However, there is no scholarly monograph which specifically considers these matters. The thesis will examine whether the exceptional duties should be reformed to comply with the general law of contract and agency. If not, is there any reform that can be made to improve the clarity, certainty and fairness of these duties. The thesis will also identify the broker’s duties that are inclined to give rise to conflict of duty and interest and analyse how the issues are being treated by the court, and regulation authorities. Then the author will make recommendations on how to avoid the conflict of duties and interest. Finally, the thesis will discuss how the broker’s liabilities are being assessed and how the brokers can protect their own risks of extensive liability by inserting a limitation of liability clause in the retainer.
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Channon, Matthew Raymond. "Validity and effect of exclusion clauses against third parties in motor insurance." Thesis, University of Exeter, 2017. http://hdl.handle.net/10871/32099.
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This thesis examines the regulation behind exclusion clauses and their use in third party motor insurance policies. The thesis answers three key questions. First, to what extent are exclusion clauses valid in third party motor insurance policies against third parties? Second, what is the effect of the use of exclusion clauses on third party claims? Third how should the law in this area be reformed? It further examines the effect on exclusion clauses of general contractual and insurance contract regulation on third party victims. Finally, the thesis will examine the role of the MIB and whether it provides adequate protection as a ‘fund of last resort’.
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Chennels, Jack Francis Erskine. "Corporate governance and labour relations: a sustainable partnership." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12890.
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Chakanika, Andrew. "Corporate governance in South Africa progress and challenges." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4586.
Full textAbstract:
Includes abstract.Includes bibliographical references.
South Africa is one of the fastest emerging economies of the world and this rapid economic growth has been largely attributed to the adoption of the King codes and the various corporate governance structures. Against this background, this dissertation will begin by discussing the major changes that have been made from the King II report to the King III report. The driving forces behind this dissertation are contained in chapters three and four as these chapters will seek to ascertain some of the major progresses and challenges that have been scored in the area of corporate governance.
34
Agarwal, Ruchi. "Implementation of Enterprise Risk Management practices." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/25823.
Full textAbstract:
The existence of complexity, uncertainty and ambiguity in current business environment promotes corporates need to establish good risk governance. Enterprise Risk Management (ERM) has been considered as a way to achieve good risk governance to deal with both upside (e.g. exploit opportunities) and downside (e.g. reduce insolvency) of risk and uncertainty. ERM holistically treats all risk to achieve organisation objective in normal, volatile and crisis situations. The thesis tackles issues in the implementation of ERM and how it has been adopted and implemented in Indian and UK insurance market. Mixed research methods have been employed from a qualitative stand point to explore the research issues, consisting of two surveys in UK and India, over 50 interviews and two case studies in the Indian and UK insurance markets. The research revealed that there is an ambiguity in the understanding of the definitions of ERM and risk appetite across both countries. Major issues in ERM implementation in Indian insurance market are fraud, under-risk reporting and insufficient resources to develop an appropriate risk culture. In the UK insurance market issues are related to customer complaints, fines/penalties, over-risk reporting and lack of capital efficiency. Regulatory risk seen as a major risk in both market, though, in the Indian market lack of regulation is the issue whereas in the UK insurance market lack of clarity in insurance regulation has been emphasised. From intuitional theory and strategic change perspective, the research presents cross-country comparative case studies highlighting four emerging ERM strategies based on the different state of development and maturity of companies: ‘Rudimentary’, ‘Anticipatory’, ‘Resilient’ and ‘Transformatory’ strategies. The case studies highlight the issues within the two insurance companies both internally and externally in a nascent and a mature market. Before companies can adopt a transformatory strategy, both companies require a fundamental understanding of strategic change that eventually can pave the way to good risk governance. Adopting the cognitive lens of strategic change will not only enhance company specific risk-based capabilities but it will improve industry risk-based capabilities through development of professional competence.
35
Aljallal, Arwa Ibrahim A. "The duty of good faith in insurance law : a study of Saudi law compared to English law." Thesis, University of Southampton, 2014. https://eprints.soton.ac.uk/370749/.
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Belinguier-Raiz, Sarah. "La réparation des dommages causés par le dirigeant en droit des sociétés : étude comparative droit français-droit italien." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1013.
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En droits français et italien des sociétés il est difficile d'affirmer l'existence "d'un" droit à réparation en particulier lorsqu'il s'agit du préjudice social, sa réparation étant freinée par le manque d'effectivité de l'action sociale, et du préjudice individuel de l'associé, sa reconnaissance au fond étant limitée. Il est également difficile pour les victimes d'affirmer l'existence "du" droit à réparation, en raison d' obstacles de nature procédurale et financière rencontrés dans la mise en oeuvre de leur droit jusqu'à l'éventuelle condamnation. Les difficultés rencontrées par les victimes révèlent le manque d'effectivité de la réparation des dommages causés par le dirigeant et, par là même, le manque d'effectivité de la responsabilité personnelle de ce dernier. L'étude de certaines dispositions nouvelles des deux pays, en particulier du droit italien, nous invite cependant à réfléchir sur les perspectives d'évolutions
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Cumming, Douglas, Igor Filatotchev, April Knill, David Mitchell Reeb, and Lemma Senbet. "Law, finance, and the international mobility of corporate governance." Palgrave Macmillan, 2017. http://dx.doi.org/10.1057/s41267-016-0063-7.
Full textAbstract:
We introduce the topic of this Special Issue on the "Role of Financial and Legal
Institutions in International Governance", with a particular emphasis on a
notion of "international mobility of corporate governance". Our discussion
places the Special Issue at the intersection of law, finance, and international
business, with a focus on the contexts of foreign investors and directors.
Country-level legal and regulatory institutions facilitate foreign ownership,
foreign directors, raising external financial capital, and international M&A
activity. The interplay between the impact of foreign ownership and foreign
directors on firm governance and performance depends on international
differences in formal/regulatory institutions. In addition to legal conditions,
informal institutions such as political connections also shape the economic
value of foreign ownership and foreign directors. We highlight key papers in the
literature, provide an overview of the new papers in this Special Issue, and offer
suggestions for future research.
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Simmons, Sean. "The upshot for title insurance downunder /." [St. Lucia, Qld.], 2003. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe17794.pdf.
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Grahovar, Marina, and Martina Åkesson. "A Common Corporate Governance Code - Mission Impossible?" Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3239.
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The corporate governance codes are a way of creating trust for companies in national financial markets. The problem with implementing different codes within the European Union has lead to that the trust has been increased for the companies within the different countries but not internationally, within the European Union. This means that investors will have to look into each country code to decide if a company existing in a financial marketplace can be trusted. A resolution for creating trust internationally could be to create a common code for the European Union. Therefore the aim of our research is through a comparison of different corporate governance codes and institutional systems analyse what similarities and differences the codes and the systems have with each other and through our conclusions make a judgement if it is possible to unite the codes into one common code in the European Union.
To reach our aim we made three different analyses. In the first analysis we compared four European corporate governance codes (the British, German, Spanish and Swedish) and concluded in which areas we thought the codes could be united. In our second analysis we compared the institutional systems in each of these four countries and concluded the main characteristics of each system that could influence the corporate governance codes. In our third analysis we tried to explain the differences in the codes by the differences in the institutional systems and through the comparison conclude in which parts the codes could be united and in which parts not.
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Olanipekun, Oladapo Olumide. "Banking regulation and deposit insurance : legal and comparative perspective." Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1581.
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A major point of debate in most financial systems is the relevance, form and scope of regulatory intervention, particularly on the trade-off between the benefits and costs of regulation. Deposit insurance is a prominent part of most modern regulatory financial safety nets. As with banking regulation in general, it is still debatable whether deposit insurance is necessary in all cases. While most deposit insurance schemes have the joint aims of financial stability and depositor protection, there are inherent difficulties posed by the introduction of such schemes, in particular the moral hazard and agency problems. For the purpose of this thesis, these difficulties have been generally termed as the deposit insurance problem. A number of issues arise for consideration if deposit insurance is to be provided. The thesis argues that the optimal design of deposit insurance schemes is dependent on three factors: an effective system of bank supervision and regulation; identification and prioritisation of the policy objectives which the scheme is to achieve; and adoption of incentive-compatible systems in line with sound practice guides but tailored to country-specific circumstances. There is generally no fixed or absolute model for all states. The thesis involves an assessment of deposit insurance schemes in the United Kingdom, the United States and Nigeria. An assessment of these schemes, as well as international and regional developments, will show that cross-country differences should play an important factor in the adoption or reform of deposit insurance schemes, but that there arc common concerns for policymakers whatever the distinctiveness of local circumstances. The challenge for policymakers is how to achieve a fair balance between the protection of depositors and banking system stability on the one hand and minimizing elements of the deposit insurance problem on the other hand. The aim is to recommend a future course of reform that includes a general support model and specific recommendations for the jurisdictions that are examined
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Robineau, Matthieu. "Contribution à l'etude du système responsabilité : les potentialités du droit des assurances /." Paris : Defrénois, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/524590532.pdf.
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Zyambo, Kalwani. "Corporate governance and financial performance of long-term insurance companies in South Africa." Master's thesis, Faculty of Commerce, 2019. http://hdl.handle.net/11427/30476.
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The research examines the effect between corporate governance and company-specific variables to financial performance among a sample of long-term insurance companies in South Africa from 2011 to 2016. The study employed a panel regression technique using board size, board independence, audit committee size and CEO tenure as proxies for corporate governance while controlling for firm size, reinsurance usage and leverage. The proxies used for financial performance were underwriting profits, return on assets (ROA) and returns on equity (ROE). The findings show that board size is the only corporate governance variable that is statistically significant with financial performance in the sample of South African longterm insurance providers. The remaining corporate governance variables did not have a statistically significant relationship with financial performance because each company in the sample set them in line with the recommendations outlined in the King Report IV on Corporate Governance. The implication of the adherence to the recommendations in the King Report IV on Corporate Governance reduced the variation in corporate governance structures between the companies in the sample. The findings also show leverage as the only control variable that is statistically significant with financial performance in the sample. The dissertation recommends that the corporate governance guidelines outlined in the King Report IV on Corporate Governance be made statutory in the South African longterm insurance sector, because these guidelines do not adversely affect the financial performance in a statistically significant way. Further, the dissertation recommends a board size ceiling be set in the sector to address the observed negative and statistically significant relationship between board size and financial performance. Finally, the dissertation recommends the use of regulation to limit the amount of leverage that companies in the sector can take on to address the observed negative and statistically significant relationship between leverage and financial performance.
43
Weiß, Norman. "Kapital und Menschenrechte : Governance als Kriterium der Kreditvergabe durch die Weltbank." Universität Potsdam, 1999. http://opus.kobv.de/ubp/volltexte/2010/4397/.
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Inhaltsübersicht
1. Die Weltbank
2. Kreditvergabe und Governance
3. Vergleich mit der Europäischen Bank für Wiederaufbau und Frieden
4. Erweiterung des Weltbankmandats auf Governance?
5. Praktische Umsetzung des Vergabekriteriums Governance
44
Davies, John 1972. "Extra-legal and legal governance of international transactions." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26730.
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Any agreement, treaty or commercial transaction needs to be governed in order to work. The New Economics of Organisation literature glosses over the fact that different parts of the same transaction may be governed in different ways. In contrast, this thesis argues for the existence of "hybrid transacting" and presents two international bargaining cases to illustrate how interstate agreements are entered into legally, but enforced extra-legally. Given that the enforcement of international agreements is extra-legal, this thesis presents two lines of argument that are designed to answer the question, why do states enter into their agreements with other states in a legal way? It is suggested that treaty law offers states two important advantages. First, treaty law is a solution to an "information ordering" problem. Second, it is suggested that treaty law operates as a baseline against which reputation can be assessed.
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Witney, Simon. "The corporate governance of private equity-backed companies." Thesis, London School of Economics and Political Science (University of London), 2017. http://etheses.lse.ac.uk/3557/.
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The governance of private equity-backed companies is a “black box”: relatively little is known about the decision-making structures in these economically important businesses. This thesis looks inside that black box and, by studying the corporate governance arrangements in a unique sample of predominantly small and mid-size UK private equity-backed companies, proposes a theory to explain them. The dominant theoretical framework for UK legal scholars is grounded in the notion that separation of ownership and control within large companies creates an “agency problem” which either the market, or regulators, or a combination of both, needs to fix. In this thesis, I explain the structure of the typical private equity-backed company and conclude that – although there is no separation of ownership and control in the sense that the shareholders lack economic incentives and wherewithal to intervene – agency problems do need to be solved by private ordering, and I describe how that is achieved in practice. However, I also describe two parallel functions of the decision-making structures that are established: to ensure that the company makes better, and more legitimate, decisions; and to protect the specific and separate interests of the investor. I then explore how well these three objectives can be achieved within the framework set by UK company law, and the ways in which the actors adopt or vary default rules, and seek to contract around apparently mandatory rules, in order to accommodate their multiple objectives. In the final part of this thesis, I describe the evidence that private equity-backed companies outperform their peers, and consider existing empirical research that seeks to explain that outperformance. I argue that the corporate governance systems are a significant explanatory factor and that, by re-conceptualising private equity corporate governance in the way that I have suggested, we can adopt alternative academic frameworks to better understand the drivers of that outperformance. Finally, I draw out lessons for policy-makers and practitioners and suggest avenues for future research.
46
Cooper, Alan Jeffrey. "Governance of Hong Kong companies." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31264621.
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Berthiaume, Adèle. "No-fault automobile insurance and the conflict of laws." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66123.
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Shan, Jialing. "Aviation insurance under the modernization of Rome convention 1952." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=97227.
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This thesis begins with analysis of the past & current legal frameworks and insurance regulations in respect of air carrier's liability for damage caused by the aircraft on the surface. The insufficiency and inadequacy of the said legal frameworks and regulations are emphasized and explained as the rationale for the promulgation of the General Risk Convention and the Unlawful Risk Convention. Continuing with the introduction of aviation insurance regarding damages caused by aircraft on the surface, Third Party Liability and War Risk Insurance are focused and updated with current insurance market information. Furthermore, after the attack on September 11, 2001, the solution for War Risk Insurance is discussed. At last, based on the previous analysis in relevant regulations and aviation insurance, this thesis points out the potential risks to aviation industry under the General Risk Convention and the Unlawful Risk Convention.Ce mémoire commence par une analyse, passée et présente, du cadre juridique et de la réglementation en matière d'assurance relative à la responsabilité du transporteur aérien, pour dommage causé au sol par l'aéronef. L'insuffisance et la faiblesse desdits cadres juridiques et réglementations sont soulignés et expliqués comme justification de la promulgation de la Convention sur les dommages causés aux tiers et de la Convention sur les actes d'intervention illicite.Puis, nous enchainons par une introduction sur les assurances aéronautiques relatives aux dommages causés par les aéronefs au sol, à la responsabilité du fait d'autrui, ainsi qu'à l'assurance pour risque de guerre, qui sont étudiées et actualisées à l'aide des dernières informations du marché des assurances. Par ailleurs, suite aux tragiques accidents du 11 septembre 2001, le recours à l'assurance pour risque de guerre est débattu.Enfin, sur la base de l'analyse précédente, s'agissant de la règlementation et de l'assurance aéronautique, ce mémoire souligne les risques potentiels, pour l'industrie aéronautique, liés à la Convention sur les dommages causés aux tiers et à la Convention sur les actes d'intervention illicite.
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Aric, Zuhal. "Research on open covers in English law of marine insurance." Thesis, University of Southampton, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.582529.
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Open covers have been widely deployed in the London marine insurance market for many years, even though a significant number of legal issues arising out of their use still needs to be resolved. Not surprisingly, the law concerning open covers is very much alive and open to further development. Given that, quite remarkably, no research study has been done specifically on those particular covers to date; this thesis is aimed at making good that deficiency. To ensure that observation is made over the whole picture in respect of the open covers and to produce a comprehensive guide to the legal complexity arising out of the association between them and their subsequent individual declarations, the complete thesis will comprise five chapters: 60 l Chapter 1 will provide historical information and development background of open covers and also will set out the main differences in the operation of floating policies and open covers which were derived originally from the former. Chapter 2 will illustrate (1) how and why the legal nature of an open cover impacts on the parties' rights, obligations, privileges and immunities, and (2) how and why the formation of an open cover plays a key role in the determination of proper nature. Chapter 3 will shed light on the applicability of the duty of utmost good faith to open covers by explaining the doctrine of utmost good faith within the general law of insurance and then clarifying whether the duty is enforceable pertaining to the covers themselves or only pertaining to subsequent policies individually. Chapter 4 will explore the agency status of insurance brokers in the context of open covers. To this end, it focuses, first, upon giving the general definition of insurance broking, secondly, describing the use and performance of the brokers in the procurement process, currency and claims process of open covers, and lastly the measure of damages recoverable from the brokers. Chapter 5 will discuss conflict of laws in open covers, and in particular problems of jurisdiction and choice of law where the open cover and declarations under it are potentially governed by different regimes. Finally, the legal and practical issues that have been identified, and their suggested solutions will be summarised in the conclusion.
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Catterson, Michelle Karen. "The liability of companies and that of directors in their personal capacities, in relation to legal warranties." Diss., 2019. http://hdl.handle.net/10500/26389.
Full textAbstract:
This research looks at the need and enforceability of legal warranties that companies include in contracts and/or public displays/notices to limit the company’s liability exposure to third parties. It also discusses the liability incurred by a company and that of its directors in their personal capacities (if any) should the legal warranty implemented be found to be unenforceable. The liability that may be incurred by the company and/or its director/s is dependent on whether the legal warranty which it implemented is enforceable or not and therefore it is important to establish what would constitute an enforceable legal warranty. In order to determine what is likely to constitute an enforceable legal warranty the study looks back at what has previously been deemed to constitute an unenforceable legal warranty. This is done by analysing the common law principles of contract, being the freedom to contract and the sanctity of contract, and its development in accordance with our constitutional dispensation through case law precedents. The provisions of the Consumer Protection Act 68 of 2008 that apply to legal warranties are also analysed in order to determine the anticipated outcome of future case law where the Consumer Protection Act 68 of 2008 may be applicable to a dispute involving legal warranties. Once what constitutes an unenforceable legal warranty is established, the study will discuss the legal position of a third party, and that of the company, where a third party has suffered damages as a result of the company’s acts or omissions and the company is unable to raise a legal warranty as a defence against such liability, as the legal warranty is found to be unenforceable. Thereafter the study will discuss the measures available to the company where the company is found liable to the third party for the aforementioned damages and the company wishes to mitigate its losses in this regard. Such measures shall include director insurance as well as the recovery of such liability against a director, in the director’s personal capacity, where the company either does not have director insurance or is unable to enforce the director insurance due to the actions of a director. In order to determine the director’s accountability to the company in this regard an assessment is made of the duties imposed on a director in terms of the common law and Companies Act 71 of 2008 to establish whether such duties are wide enough to include a duty on the director to ensure legal warranties he/she plays a part in implementing are enforceable.Mercantile Law
LL. M. (Corporate Law)