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Articles de revues sur le sujet "Over-the-counter markets – Law and legislation"
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Vanhove, Simon. « Locality in EU Energy Law ». European Energy and Environmental Law Review 29, Issue 6 (1 décembre 2020) : 220–31. http://dx.doi.org/10.54648/eelr2020046.
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This article identifies ‘locality’ as an overarching concept in EU energy law. This has two consequences. First, it highlights the need for coherent law-making on EU level, specifically by avoiding multiplication of similar-but-not-identical concepts. Second, I argue locality can be considered a specific expression of subsidiarity. To support these claims, this article takes Belgium as a case study for diverse interpretations of this locality concept in Member State law. This is done by an analysis of both regional legislation and the regulator’s decision practice. Furthermore, I revisit theory on the EU constitutional principle of subsidiarity. Finally, a counter-example is offered: the second generation of network codes and guidelines will increasingly impact ‘local’ aspects of the electricity markets. In conclusion, locality serves a double theoretical role: it offers a descriptive classification for EU energy law and provides a substantive hermeneutic tool for subsidiarity assessments. EU energy law, Clean Energy Package, subsidiarity, locality, proximity, single market, integration, harmonization, network codes and guidelines
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Efroni, Zohar. « Gaps and opportunities : The rudimentary protection for “data-paying consumers” under new EU consumer protection law ». Common Market Law Review 57, Issue 3 (1 mai 2020) : 799–830. http://dx.doi.org/10.54648/cola2020693.
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Recent adjustments to consumer protection law have played a significant role in the strategic steps taken by the EU in attempts to adapt EU law to the digital economy and to the rising importance of data and data markets. The Directive on certain contractual aspects concerning the provision of digital goods and digital services stands out in its unequivocal recognition of business models that rely on data as contractual counter-performance and of the need to protect (also) consumers who “pay” with data instead of money. This article analyses the novel provisions of the Directive and assesses its impact specifically on data-paying consumers within the broader context of recent EU legislation in the area of consumer protection and data protection. The article identifies some gaps in the legislative scheme and possible opportunities for domestic laws and courts to fill these gaps for granting effective protection to such consumers.
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Fisher, Talia. « Separation of Law and State ». University of Michigan Journal of Law Reform, no 43.2 (2010) : 435. http://dx.doi.org/10.36646/mjlr.43.2.separation.
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In the framework of the jurisprudential literature, the law-state bond is assumed as a given. Points of dispute emerge only at more advanced stages of the discussion, with respect to such questions as the duty to obey state law or the appropriate extent of state intervention in social relations. This Article will be devoted to a reconsideration of the presupposition of the law-state link and to challenging the state's status vis-à-vis the law-both in its role as the producer of legal norms and its capacity as the arbiter of disputes. The Article opens with a comparative elucidation of the Hobbesian and Lockean justifications for the existence of the state and its intervention in the law. The first Part of this Article analyzes the "ills" of the State of Nature, reviewing the range of failures that accompany market supply of the legislative and judicial functions. These derive from the public good characteristics of legislative and judicial services, from the fact that law is a network industry, and from the cartelization tendency in the legislative and judicial markets. Based on these failures in organizing social behavior in the State of Nature, Hobbes's and Locke's theories of the social contract justify the concentration of the legislative and judicial functions in the hands of the state sovereign and grant it a monopoly over these functions. The second Part of this Article critiques Hobbes's and Locke's conclusions, first and foremost their disregard for the flaws of the public model, which they support. An implicit premise of both the Hobbesian and Lockean justifications for state law is that where the private market fails, the state will necessarily fare better. However, there is a cost to state intervention, and public supply of legislative and judicial services is not without flaws. Proponents of the public state law model must therefore further show that this model generates more efficient results than those produced by the private model. The second line of criticism will argue that the matter is not resolved even if we assume that the fully privatized model is a less attractive option for the supply of law than the fully public alternative. These two extreme alternatives do not exhaust the entire spectrum of possibilities for the law-state connection. Rather, between these two polar ends there may be intermediate forms of limited state intervention in the markets for legislation and adjudication. These configurations rest on the abandonment of the dichotomy that characterizes Hobbes's and Locke's doctrines, between a monolithic public legal order and sweeping nonintervention in the law on the part of the state. This Article closes by presenting a possible median point along the axis that illustrates the possibility of correcting the failures of the legislative and judicial markets in the framework of a polycentric legal regime based on more limited state intervention in these areas. The conclusion offered will be that while the ills of the State of Nature, as identified by Hobbes and Locke, are valid justifications of state intervention per se in the legislative and judicial markets, they do not justify intervention in the form of a state monopoly over the law. State intervention in legislation and adjudication is vital for creating the space in which legal regimes can grow-where rights can be set and adjudication conducted in light of those rights. There is absolutely no need, and therefore no justification, for the state to hold the sole power to set these rights itself and decide disputes in light thereof.
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Egorova, M. A., et I. A. Samoilov. « The impact of antitrust law on the formation and activities of corporate associations ». Courier of Kutafin Moscow State Law University (MSAL)), no 7 (23 septembre 2022) : 66–76. http://dx.doi.org/10.17803/2311-5998.2022.95.7.066-076.
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The growth of the scale of business in the modern world leads to the inevitable processes of concentration of capital, which, in turn, strengthens the position of large corporate associations in various industry and geographical markets. Large corporations and their associations are becoming major players in various markets. As a result, a significant number of small companies are taken over or squeezed out of the markets by large players. The article presents current trends in the development of antimonopoly regulation in relation to corporations, provides examples of the most high-profile litigation relating to violations of competition law. The authors analyze the current state of the Russian antimonopoly legislation in terms of the definition of corporate associations, highlight the directions of development in relation to corporate associations. The importance of developing a system of internal compliance with the requirements of the antimonopoly legislation is noted, and the positive and negative aspects of the voluntariness of the introduction of such a system are also indicated. It is proposed that antimonopoly compliance be mandatory for large corporations. Mitigation of liability if the corporate association has antimonopoly compliance,
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Kaal, Wulf A. « Extraterritorial Application of US Securities Law : Will the US Become the Default Jurisdiction for European Securities Litigation ? » European Company Law 7, Issue 3 (1 juin 2010) : 90–97. http://dx.doi.org/10.54648/eucl2010019.
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Pending case law by the US Supreme Court (Morrisson v. National Australia Bank) and draft legislation in Congress threaten to expand the jurisdiction of US courts to cases where foreign, i.e. non US, plaintiffs sue foreign defendants over securities purchased in foreign securities markets. This article describes the many aspects of this threat, in particular for European investors, brokers, banks and ... lawyers.
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Egorova, Maria A. « Features of exercising control over economic concentration : the experience of Russia, France and USA ». RUDN Journal of Law 25, no 3 (23 août 2021) : 654–72. http://dx.doi.org/10.22363/2313-2337-2021-25-3-654-672.
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The relevance of the topic is due to the comprehensive development of digital technologies and the need for timely legal regulation of new phenomena of public life. Digitalization is not only rapidly penetrating all sectors of the economy, but is a trigger for the creation of qualitatively new economic relations. The digital transformation of the economy and markets, in addition to objective advantages, also carries negative consequences. Negative manifestations are possible in the monopolization of commodity markets. Antitrust laws are changing in line with the expansion of digital markets. The article identifies the main obstacles to regulating monopolies in the digital economy. The practice of antimonopoly regulation of digital platforms is considered. The tasks of adopting the fifth antimonopoly package as expanding the scope of the Federal Law On Protection of Competition are outlined. In addition, the concept of economic concentration is analyzed, as well as signs of restricting competition when considering transactions in its conditions. Particular attention is paid to differences in approaches to regulating the digital market in Russia, France and USA. A comparative analysis of the antimonopoly legislation of Russia, France and USA, types of economic concentration, regulations for control over concentrations at the level of different jurisdictions has been carried out. The phases of control over economic concentration, the powers of the antimonopoly authorities, the assessment of criminal encroachments on competition are considered in detail.
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Balasingham, Baskaran, et Tai Neilson. « Digital Platforms and Journalism in Australia : Analysing the Role of Competition Law ». World Competition 45, Issue 2 (1 juin 2022) : 295–318. http://dx.doi.org/10.54648/woco2022011.
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News media businesses compete with search engines and social media networks for advertising revenue but at the same time depend on the latter to reach and interact with audiences. The Digital Platforms Inquiry (DPI) completed by the Australian Competition and Consumer Commission (ACCC) found that media businesses’ dependency on digital platforms gives companies like Google and Facebook substantial bargaining power over Australian news media businesses. This development over the past decade has caused negative repercussions for the choice and quality of news available to Australians. In response to thegse findings, Australia’s News Media and Digital Platforms Mandatory Bargaining Code 2021 extends the application of competition law into digital news and advertising markets. The reform is intended to address the impact of digital platforms on the commercial viability of Australian news companies. In this article, we assess the application of competition law to the relationship between news media and digital platforms, including the strength of the DPI findings and the appropriateness of the resulting reforms. We argue that after decades of deregulation of the media sector in Australia the News Media Bargaining Code is a hybrid legislation, which introduces news media industry regulations under the guise of competition law. While we see a continued role for competition law in digital platform markets, this article indicates the challenges posed by digital platforms on media pluralism and the limitations of a market-driven approach to news media policy. news media businesses, digital platforms, advertising, regulation, media policy, Australian competition law, market power, media pluralism, Digital Platforms Inquiry, News Media Bargaining Code
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Kaczmarek, Sarah C., et Abraham L. Newman. « The Long Arm of the Law : Extraterritoriality and the National Implementation of Foreign Bribery Legislation ». International Organization 65, no 4 (octobre 2011) : 745–70. http://dx.doi.org/10.1017/s0020818311000270.
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AbstractCan the application of domestic law by bureaucracies in powerful states alter policy dynamics globally? Courts and regulatory agencies with jurisdiction over large markets routinely impose national rules to conduct transpiring outside of their physical borders. Such extraterritoriality has expanded to issues ranging from antitrust to the environment. Proponents claim that extraterritorial acts can have far-reaching international consequences, spilling over into the domestic political economy of regulation in target states. Skeptics, however, question the effects of these sanctions against internationally mobile actors. In this study, we offer the first quantitative analysis of extraterritorial intervention for global policy convergence. In particular, we construct an original time-series panel data set to test the association between extraterritorial actions by U.S. prosecutors and the national enforcement of foreign bribery regulations in target countries. Our empirical analysis finds strong statistical evidence linking extraterritoriality to national policy implementation, with jurisdictions that experienced a U.S. intervention being twenty times more likely to enforce their national rules. The findings suggest the important influence that domestic law in powerful states may have for global cooperation in general and sheds light on the key pillars of international anticorruption efforts in particular.
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Egorova, Maria A., Aleksandr A. Petrov et Ol’ga V. Kozhevina. « Impact of digitalization on antitrust regulation and control over economic concentration in the high-tech sector ». Vestnik of Saint Petersburg University. Law 13, no 2 (2022) : 327–43. http://dx.doi.org/10.21638/spbu14.2022.203.
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The article discusses topical issues of protection and regulation of competition in the markets in the digital business environment. The authors noted that the systems of regulation and law enforcement should be flexibly combined, harmonized in order to develop adequate measures to stimulate fair competition. From the standpoint of adaptation to Russian practice, the foreign experience of the antimonopoly authorities in terms of regulating online markets, price algorithms, and mergers and acquisitions has been studied. The high-tech sector is particularly dynamic. In this regard, the authors draw attention to the fact that in the digital economy of demand, the processes of monopolization, competition persist, but their content is transformed, which complicates the analysis and assessment of monopolization, dominance, competition. Anticompetitive practices can lead to the dominance of a single platform. The signs of the dominant position of digital platforms are revealed. Based on the regulatory and legal approach, the article summarizes the Russian and foreign experience of qualifying economic concentration and dominant position, identifies negative factors that cause the expansion of regulatory control of antimonopoly authorities over digital platforms. The legal nature of digital platforms, direct and indirect network effects have been studied in detail. It has been proven that algorithms can serve as collusion tools in both horizontal and vertical agreements. From the standpoint of economic research methods, an overview of the assessment of the dominant position of antimonopoly authorities in the digital economy is carried out, it is noted that the preconditions have been created for the formation of a platform economy. The features of the antitrust policy in relation to digital platforms in Russia, the European Union and the United States are considered. It is concluded that antitrust legislation in recent years has become a powerful regulatory tool at the level of different jurisdictions.
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Wei, Yanxia, Ron Borland, Pinpin Zheng, Hua Fu, Fan Wang, Jingyi He et Yitian Feng. « Evaluation of the Effectiveness of Comprehensive Smoke-Free Legislation in Indoor Public Places in Shanghai, China ». International Journal of Environmental Research and Public Health 16, no 20 (21 octobre 2019) : 4019. http://dx.doi.org/10.3390/ijerph16204019.
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This study evaluated compliance with the comprehensive smoke-free law in public indoor places introduced in Shanghai in March 2017. Observations and PM2.5 monitoring over 30 min intervals in 8 types of the venue were conducted three times: within a month before implementation and 3- and 12-months post implementation. Observations of evidence of smoking decreased from 66.2% before legislation to 52.8% three months after (p = 0.002) and 49.7% one year after (p < 0.001). The density of lit cigarettes also reduced significantly after implementation (p < 0.001). When adjusting for outdoor, indoor PM2.5 levels were significantly lower after the legislation, but only by a small amount (three months later: −0.27, p = 0.08; one year later: −0.12; p = 0.03). Evidence of compliance was weakest in farmer’s markets and bars, and smoking in male toilets did not change significantly. The reduction in smoking was affected by the management performance of their obligations. The comprehensive smoke-free law led to modest reductions in smoking and PM2.5 levels as a result, but from levels suggesting quite high levels of pre-compliance. However, compliance was limited in some areas, suggesting more effort is required on management to gain better compliance in some places like farmer’s markets, bars, and toilets.
Thèses sur le sujet "Over-the-counter markets – Law and legislation"
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BOROWICZ, Maciej Konrad. « Contracts as regulation model : applications and legal implications in over-the-counter financial markets ». Doctoral thesis, 2016. http://hdl.handle.net/1814/41913.
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Defence date: 15 June 2016Examining Board: Professor Fabrizio Cafaggi, EUI; Professor Hans-W. Micklitz, EUI; Professor Katharina Pistor, Columbia Law School; Associate Professor Paola Iamiceli, University of Trento.
We develop a conceptual model of contracts as regulatory instruments in over-the-counter (OTC) financial markets. The model is informed by the functional understanding of financial regulation as addressing problems of counterparty risk, liquidity, information and systemic risk and structural understanding of regulation as a process of standard-setting, monitoring and enforcement. The justification of conceptualization contracts as regulatory instruments is found in the nature of the political economy considerations that inform the definition of certain contracts used in OTC financial markets. While many scholars rely on conceptualization of the said contracts as boilerplate, we argue that there exist important qualitative differences between boilerplate and regulatory contracts, which we link to a broader spectrum of interests taken into account in their definition in the process of standard-setting. The model and its application to loan and derivatives markets help to highlight the impact of governance features of the organization developing the contract and the regulatory competition to which the organization is exposed on the scope of the regulatory function. We also use a number of indicators and attributions to examine the effectiveness of regulatory contracts. While the contractual model displays some weaknesses in terms of both standard-setting (conflicts of interest) and enforcement (reliance on delegation) compared to its better established counterpart – the organizational model associated with exchanges – the contractual model helps to account for important self-regulatory features of OTC financial markets and offers suggestions as to how the structure of OTC financial markets can be improved.
Livres sur le sujet "Over-the-counter markets – Law and legislation"
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Chang wai jiao yi shi chang fa lü zhi du jian gou : The legal system construction of China's OTC securities market. Beijing Shi : Beijing da xue chu ban she, 2011.
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United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets and Government Sponsored Enterprises. Legislative proposals to bring certainty to the over-the-counter derivatives market : Hearing before the Subcommittee on Capital Markets and Government Sponsored Enterprises of the Committee on Financial Services, U.S. House of Representatives, One Hundred Twelfth Congress, first session, October 14, 2011. Washington : U.S. G.P.O., 2012.
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Bender, Seth. Negotiating skills for the ISDA master agreement : The essential playbook for over the counter derivatives. Upper Saddle River, N.J : FT Press, 2011.
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Chŏng, Sun-sŏp. Changoe pʻasaeng kŭmyung sangpʻum kŏrae ŭi tosan chŏlchʻasang chʻwigŭp e kwanhan pŏpchedo chŏngbi pangan. Sŏul Tʻŭkpyŏlsi : Hanʼguk Pŏpche Yŏnʼguwŏn, 2003.
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Swap Execution Facility Clarification Act : Report (to accompany H.R. 2586) (including cost estimate of the Congressional Budget Office). [Washington, D.C : U.S. G.P.O., 2011.
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United States. Congress. House. Committee on Financial Services., dir. Hearing to examine the regulation of over-the-counter derivatives : Joint hearing before the Committee on Agriculture and the Committee on Financial Services, House of Representatives, first session, July 10, 2009. Washington : U.S. G.P.O., 2009.
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Hearing to review proposed legislation by the U.S. Department of the Treasury regarding the regulation of over-the-counter derivatives markets : Hearings before the Committee on Agriculture, House of Representatives, One Hundred Eleventh Congress, first session, September 17, 22, 2009. Washington : U.S. G.P.O., 2009.
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Building the new derivatives regulatory framework : Oversight of Title VII of the Dodd-Frank Act : hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Twelfth Congress, first session ... April 12, 2011. Washington : U.S. G.P.O., 2011.
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Services, United States Congress House Committee on Banking and Financial. H.R. 4062--The Financial Derivatives Supervisory Improvement Act of 1998 and H.R. 4239--The Financial Contract Netting Improvement Act : Hearings before the Committee on Banking and Financial Services, House of Representatives, One Hundred Fifth Congress, second session, July 17, 24, 1998. Washington : U.S. G.P.O., 1998.
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Impacts of H.R. 3795, "The Over-the-Counter Derivatives Market Act of 2009," on energy markets : Hearing before the Subcommittee on Energy and Environment of the Committee on Energy and Commerce, House of Representatives, One Hundred Eleventh Congress, first session, December 2, 2009. Washington : U.S. G.P.O., 2012.
Trouver le texte intégralChapitres de livres sur le sujet "Over-the-counter markets – Law and legislation"
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Bontenbal, Ilona, et Nathan Lillie. « Legal Issues Affecting Labour Market Integration of Migrants in Finland ». Dans IMISCOE Research Series, 149–71. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67284-3_8.
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AbstractFinland has only relatively recently become a country of immigration, and as a result most immigration and integration policy legislation is also relatively recent. Since the 1990s, the number of migrants to Finland has increased steadily, motivating the adoption of various policy measures to regulate migration and support integration. From the perspective of migrant labour market integration, the two most important legislative acts are the Aliens Act (FINLEX 301/2004) and the Act on the Promotion of Immigrant Integration (FINLEX 1386/2010), which lay out basic labour market integration supports for migrants, and determine who can work in Finland and on which grounds. Finland’s comprehensive residence-based welfare state policies and collective bargaining based labour regulation also shape labour market outcomes for migrants. Immigrants working in Finland are subject to the same labour regulations as native Finnish citizens. There are different justifications for labour market access for different groups of immigrants, depending on from which country they come, and what kind of work they are doing. The chapter will go over the principle legislation regulating migration and migrants working in Finland. Also, the legislative basis for applying for asylum is discussed.
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Guney, Gizem, David Davies et Po-Han Lee. « Introduction ». Dans Towards Gender Equality in Law, 1–12. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98072-6_1.
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AbstractThis book is the product of an international and interdisciplinary conference that was held at the University of Sussex, UK, in 2018. The primary aim of the conference was to have a closer look at the reasons and impacts of numerous problematic legislation and policies that have been adopted across the world over the last decade and which had a destabilising effect on gender equality and justice. There have been some notable examples in this regard: Poland has reintroduced restriction on women’s right to abortion in 2020 (Calkin & Kaminska, 2020); the debate over the so-called foetal “heartbeat” bills in Taiwan (Liu, 2020) and the ephemeral unconstitutional anti-abortion state laws have been heated in the US and internationally since 2019 (Bakst, 2019; Evans & Narasimhan, 2020); Russia has partially decriminalised domestic violence in 2016, despite the outcry from activists and victims (Semukhina, 2020). As a pandemic swept Europe (Kuhar & Paternotte, 2017), the mobilisation of “anti-gender”, anti-feminist and misogynist discourse in the political and policy domains has its global resonance in, for instance, Brazil (Hunter & Power, 2019), India (Rothermel, 2020) and South Korea (Kim, 2021). In this light, it would not be an exaggeration to contend that the last decade marks a global crisis of gender equality.
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Dumančić, Kosjenka, et Natalia-Rozalia Avlona. « The Regulatory Context and Legal Evolution : The Cases of Airbnb and Uber ». Dans The Sharing Economy in Europe, 65–85. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-86897-0_4.
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AbstractWhilst sharing economy has been enjoying increasing popularity worldwide over the last decade; its legal definition has been debatable. This is aligning with the fact that the European Union has not provided the legal framework for the sharing economy yet, apart from a European Commission Communication from 2016. This Communication seeks a balance between the support of a Digital Single Market in the EU and the protection of the consumers’ rights and leaves a broad space for national legislations to respond to the phenomenon of sharing economy. The aim of this chapter is to address these issues within the framework of two sharing economy case studies: Airbnb and Uber as the only source at the EU level of applicable law besides the EC Communication.
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Engeman, Cassandra. « Breaking the Liberal-Market Mold ? Family Policy Variation Across U.S. States and Why It Matters ». Dans The Palgrave Handbook of Family Policy, 431–58. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54618-2_17.
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AbstractDrawing from U.S. state legislative documents, this chapter examines the development of subnational leave policies across states and over time. The research identifies 72 leave laws adopted by states between 1942 and 2017 and shows how some states are more active than others. In comparison to other countries, states quickly abandoned female-targeted policies in favor of gender-neutral, individual entitlements, and leave rights in the United States can be uniquely distinguished by whether they provide time-off to address medical or caregiving needs. I argue that American lawmakers have an opportunity to layer wage-replacement benefits on top of preexisting, gender-neutral and individual entitlements to job-protected leave in a step toward gender-egalitarian family policy models found in other countries.
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Bakiev, Erlan. « The Power Shift from Government to Organized Crime in Kyrgyzstan ». Dans Between Peace and Conflict in the East and the West, 139–55. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77489-9_7.
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AbstractOrganized crime (OC) groups in Kyrgyzstan have reached a level where they are competing with governmental authorities and institutions. Leaders of OC groups can assign members of their groups into law enforcement positions and parliament. It is safe to claim that the absence of rule of law and legal gaps encourage organized crime groups to flourish. From an economic point of view, privatization and capitalization of the economic system in the process of democratization have been in the interest and favor of the development of criminal organizations. Organized crime gangs can easily fill their chests by benefiting from the legal gaps. For instance, all the jewelry store owners at the major markets in Bishkek, Kyrgyzstan pay fees to an OC gang for their safety and security. Small business owners have been taken under control by organized crime to resolve economic disputes or just because they are in their area of control. Moreover, gangs and groups operating in the South Kyrgyzstan, as well as in Talas and Bishkek, deal with drug trafficking. The cultural aspect of this issue focuses on the importance of the clan ties and network connections in Kyrgyzstan and its use by organized crime. The networking used by the OC also includes utilization of the Internet and social media, consequently it became difficult to counter them during the process of globalization and the whole of society being integrated with the internet and social media, the fight against organized crime has become more difficult. Challenging existing socio-cultural structures, to increase law enforcement and combat clan-based subculture and informal law practices, such as the “thieves” “laws” and “brotherhood hierarchies” of organized crime, have been an almost impossible endeavor over the past 30 years. Consequently, breaking the network of OC and destroying its nationwide functions is a challenge, not only in Kyrgyzstan but in many post-soviet countries.
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Marchetti, Sabrina. « Migration ». Dans IMISCOE Research Series, 33–51. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11466-3_3.
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AbstractState policies may strongly influence the employment of migrants for care and domestic work (Ruhs & Anderson, 2010). Both sending and receiving countries have adopted mechanisms to channel migrants (especially women) into this specific occupation. The care market-oriented scenario described in the previous pages creates a growing demand for a (female) migrant labour force employed to work for longer hours and at lower wages than local workers (Anderson & Shutes, 2014; Cangiano & Shutes, 2010). These migrant care workers are generally disadvantaged by policies privileging skilled over unskilled migration, as well as by legislation denying (long-term) residence permits to people employed in the care sector. Policies that make the regular employment of migrants very difficult contribute to the under-valuation of these jobs, which are generally assigned to the most vulnerable and stigmatized subjects in each national context (Lan, 2006). Women migrating to work in the domestic and private care sector face a complex landscape of migration and labour regulations that is extremely difficult to navigate. The situation is also problematic for households that cannot find appropriate or affordable care within declining welfare states and among fellow nationals reluctant to take these jobs, but are forbidden or discouraged from directly hiring a domestic worker who is a third-country national. As a consequence, irregular migration and informal work are expanding within the realm of private homes.
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Marieke, Driessen. « Part I General Aspects, 4 The Prospectus Regulation and Other EU Legislation : The Wider Context for Prospectuses ». Dans Prospectus Regulation and Prospectus Liability. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198846529.003.0004.
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This chapter provides an overview of how the scope and application of the Prospectus Regulation is affected by other EU laws. It reveals that the content and format of prospectuses is not only subject to the Prospectus Regulation, but also other EU laws and policy leave their imprint on prospectuses, as well as EU regulations on market abuse, benchmarks, credit rating agencies, and securitisation. Also the Take-over Bid Directive and European Central Bank (ECB) monetary policy for the Eurosystem drive disclosure in prospectuses. With the prospect of a hard Brexit hanging over the international capital markets in much of 2019, this chapter also briefly discusses approaches in the EU27 and the United Kingdom (UK) to prospectus regulation post-Brexit. Whereas currently an approved prospectus benefits from passporting rights to all other EU jurisdictions, in case of a hard Brexit, the EU capital markets will become fractured, with securities offerings and listings in both the remaining EU jurisdictions (EU27) and in the UK requiring their own prospectus approvals, unless a Brexit deal is reached whereby the Prospectus Regulation would continue to apply to the United Kingdom.
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Chryssa, Papathanassiou. « Part I Introduction, 3 A Systemic Assessment of the Financial Market Infrastructures Landscape : FMI Groups and their Implications ». Dans Financial Market Infrastructures : Law and Regulation. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198865858.003.0003.
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This chapter assesses the systemic relevance of financial market infrastructure (FMI) groups. It takes a closer look at the different organisational models of FMI groups and the resulting risks, and examines how these risks have been addressed in recent international standards and legislation within the US and the EU. International standard-setting bodies, such as the Committee on Payments and Market Infrastructures (CPMI) in cooperation with the International Organization of Securities Commissions (IOSCO), have long acknowledged the importance of FMIs as being at the 'core' of the global financial system. While a number of large and interconnected financial firms have failed in a spectacular manner during the recent financial crisis, no central counterparty (CCP) or any other systemically important FMI has failed despite the significant stress experienced. Following calls by the G-20 after the financial crisis, trade repositories (TRs) and CCPs have extended their services to the over-the-counter (OTC) derivatives market providing powerful risk mitigation. The chapter then turns to the treatment of FMI operators with a banking licence and their treatment in the European regulatory framework for credit institutions. Risk-sensitivity and proportionality of regulatory requirements are identified as key challenges for the application of bank capital and organisational requirements to providers of FMI.
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Onnig H, Dombalagian. « Part II Trading Infrastructures, 7 Securities and Derivatives Exchanges in the United States ». Dans Financial Market Infrastructures : Law and Regulation. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198865858.003.0007.
Texte intégralRésumé :
This chapter evaluates securities and derivatives exchanges in the United States. Securities and derivatives exchanges have long enjoyed a central role in the ordering of US trading markets, insofar as they established much of the contemporary framework for coordinating the interests and obligations of brokers, floor traders, specialists and market makers, listed companies and sponsors of exchange-traded products, and other market participants. Congress enshrined this role by vesting exchanges with broad rulemaking and disciplinary authority in eponymous legislation, while at the same time ensuring accountability through governance requirements, public transparency and access standards, and federal oversight of their self-regulatory activities. The past several decades have threatened to disrupt such arrangements as US exchanges have lost primacy of place in their respective markets. To face these challenges, exchanges have demutualized to compete more effectively with alternative trading venues, while ceding much of the authority they exercised over listed issuers, brokers, and dealers to federal regulators and non-market self-regulatory organizations (SROs). Addressing, in turn, the role of exchanges’ listing rules for the corporate governance of listed companies, the regulatory requirements pertaining to the provision of liquidity to market participants, as well as the legal and regulatory regime for the dissemination of market information, the chapter builds on the theoretical framework developed in the previous chapter and discusses the applicable provisions in US securities regulation.
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Rechtschaffen, Alan N. « The Liquidity Crisis and Government Reaction ». Dans Capital Markets, Derivatives, and the Law, 13–24. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190879631.003.0002.
Texte intégralRésumé :
This chapter begins with a discussion of the buildup to the crisis and the background of the Dodd-Frank Act. On July 21, 2010, President Obama signed the Wall Street Reform and Consumer Protection Act (WSRCPA), widely known as the “Dodd-Frank Act,” a massive piece of financial legislation encompassing a wide range of reforms intended to stabilize financial markets through enhanced oversight, reduction of risk, and improved consumer protection. Its 2,200 pages direct enactment of over 200 new or expanded regulations by federal agencies. The remainder of the chapter covers the Federal Reserve's provision of liquidity and stabilization of financial markets, and regulatory reaction at the height of the financial crisis (Emergency Economic Stabilization Act (EESA) and American Recovery and Reinvestment Act (ARRA)).
Actes de conférences sur le sujet "Over-the-counter markets – Law and legislation"
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Hučková, Regina, et Martina Semanová. « THE POSITION AND REGULATION OF GATEKEEPERS IN THE CONTEXT OF THE NEW EUROPEAN LEGISLATION ». Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22441.
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Over the last two decades, a better digital transformation has fundamentally changed the global economy and society. Digital services have become new tools and their importance for our social and economic life will continue to grow. When we adopted the e-commerce directive 20 years ago, many digital services and platforms such as Google, Amazon or Booking were in their initial stage or did not yet exist. The blockades as the consequence of the COVID pandemic have now strengthened the role of online platforms. People have changed their habits towards the online world so that they can do business, shop, work, learn and socialize. COVID-19 has led to an increase in online e-commerce and an increase in fraud, unfair practices, and other illegalities of various formats. The crisis has exposed the system’s existing gaps and weaknesses, which has allowed dishonest services and traders to exploit people’s current insecurity. The Commission has proposed an ambitious reform of the digital space, a comprehensive set of new rules for all digital services, including social media, online marketplaces and other online platforms operating in the European Union: The Digital Services Act and The Digital Markets Act. In this article, we will look at the Commission’s proposal for The Digital Markets Act (DMA), which was published on December 15, 2020. In the last few years, it has been concluded that a small number of large digital platforms act as “gatekeepers” because they are essential gateways between business users and their potential customers. This allows these platforms to take advantage of the enterprise users’ dependence on their services by imposing unfair business conditions. As this issue may not be adequately addressed in competition law, it has led the European Commission to propose a Digital Markets Act (DMA). The DMA should introduce more flexibility and adaptability in terms of imposing the “gatekeeper” obligations. In this article, we will focus on the question of which digital platforms should be subject to ex ante regulation, and thus also the obligations contained in the DMA proposal. The methodology used to identify the “gatekeepers” cannot be separated from the problems that ex ante regulation seeks to address, as otherwise the DMA could end up regulating the wrong set of companies. The DMA proposal describes “gatekeepers” as providers of the core platform service (CPS) that meet three cumulative quality criteria. These criteria are presumed to be met if the relevant CPS provider meets the quantitative size thresholds. DMA includes a mechanism that allows CPS providers who meet these quantitative thresholds to escape labelling. This article reveals the various provisions of the DMA and explains why the Commission has decided to regulate “gatekeepers” and how it can prevent the damage caused by large digital platforms.
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Shitikova, A. V., S. S. Bazhenova et V. O. Lyakina. « Prospects for the Develropment of Organic production of Crop product ». Dans Растениеводство и луговодство. Тимирязевская сельскохозяйственная академия, 2020. http://dx.doi.org/10.26897/978-5-9675-1762-4-2020-181.
Texte intégralRésumé :
The results of an analytical review of the prospects for the development of organic production are presented. The organic food market is one of the most dynamically developing in the world. It has grown more than fivefold over the past decade. In connection with the entry into force of the Federal law "on organic products and on amendments to certain legislative acts of the Russian Federation" (2018), which is aimed at creating conditions for the sustainable development of organic agriculture in Russia in order to provide the domestic market with domestic environmentally friendly food products, through the implementation of the country's natural and economic potential, the intensification of agricultural production will allow Russia to become one of the world market leaders in "ecological agriculture"products.
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Nichita (Vasile), Camelia Elena, Miruna Angela Mutu et Iliana Maria Zanfir. « Trafficking in Human Beings in the Context of Global Ethics ». Dans 2nd International Conference Global Ethics - Key of Sustainability (GEKoS). LUMEN Publishing House, 2021. http://dx.doi.org/10.18662/lumproc/gekos2021/21.
Texte intégralRésumé :
The concept of “Global Ethics” refers to the analysis and identification of ethical solutions to the challenges of the contemporary world. Among the current global problems we bring to the fore: illegal immigration as a component of human trafficking, but also other global issues interdependent with the two crimes above: violation of human rights and freedoms, poverty, resource scarcity, discrimination, illegal international business and trade, all of which, requesting from the authorities and beyond, legislative and ethical solutions. Legal migration is the widely accepted form globally, since it can be determined over time, but also controlled in terms of the number of people, fields and jobs. Illegal migration is the alternative used by people who cannot use the legal route to go abroad. A component of trafficking in human beings, illegal migration is a global scourge, hard to control, caused by organised criminal groups, but also by the increasing ingenuity of criminals. Although the phenomenon is manifesting itself worldwide, it is accentuated by the fact that there is a lack of appropriate legislation and an effective system of cooperation between government institutions and civil society.Trafficking in human beings must be related to the causes that led to its emergence: discrimination in the labour market revealed by high unemployment rates (women vs. men), poverty combined with low remuneration for work performed, corruption of authorities, poor border control, restriction of legal migration opportunities, internationalization of criminal groups correlated with high profits from human trafficking, poor information of people who want to emigrate about the real effects of the labour market. Knowing this phenomenon, but also of the causes that cause it to occur, determines the process of working for knowledge, resolution and fight against it. The present work is intended to be a source of information that makes available to those interested that information about illegal migration, as well as how state structures can and should be involved in the situation.
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Timčić, Ana. « ЗАДРУЖНА РЕВИЗИЈА КАО УСЛУГА И ПРАВНА СИГУРНОСТ У РЕПУБЛИЦИ СРБИЈИ ». Dans XV Majsko savetovanje : Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.141t.
Texte intégralRésumé :
The attractiveness of the certain economic environment is directly conditioned by the freedom of contracting and the freedom to provide services in the conditions of previously established legal certainty. To fulfill these assumptions, the legislative activity is crucial. Thus, in addition to the legal norms that guarantee competitive market conditions for performing economic activities for all types of business entities, the legislator's task is to determine an efficient system of control over the work and operations of these companies in accordance with the already prescribed and enforceable effective legal sanctions in cases of deviation from the standardized. In accordance with the aforementioned, the author of the work on the basis of the provisions of the Law on Cooperatives from 2015, analyzes the legal opinion of the cooperative audit as a special type of supervision over the work and operation of cooperatives and the contribution of this type of service to the establishment of legal certainty. Also, the subject of analysis is the historical development of this legal and economic entity in the Republic of Serbia, as well as its conceptual determination, characteristics, features and functions.
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Larsson, Peter, Paul Ravenhill, Lars-Uno Larsson et Per Tunestål. « SCR-Catalyst Utilisation and Mixing Comparison Using a Novel Biomimetic Flash-Boiling Injector ». Dans ASME 2018 Internal Combustion Engine Division Fall Technical Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/icef2018-9763.
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NOx pollution from Diesel engines causes over 10 000 premature deaths annually and the trend is increasing. In order to decrease this growing global problem, exhaust after-treatment systems for Diesel engines have to be improved. The most common SCR systems in the market place inject an aqueous Urea solution, DEF that evaporates prior the catalytic surface of the SCR-catalyst. Due to a catalytic reaction within the catalyst, NOx is converted nominally into Nitrogen and Water. Currently, the evaporative process is enhanced by aggressive mixer plates and long flow paths; these, negatively, create extra exhaust back pressure and cool the exhaust gases decreasing engine and catalyst efficiency. To achieve future emission legislation targets SCR efficiency has to be improved especially under low catalyst temperature conditions, plus Ammonia slip has to be avoided as it is now legislated against. Swedish Biomimetic’s novel μMist® platform technology, inspired by the Bombardier Beetle, injects a hot, effervescent, finely atomised, highly dispersed spray plume of DEF into the exhaust stream. This is achieved by raising the temperature of the DEF, in a closed volume, above its saturated vapour pressure. The DEF is then rapidly released creating effervescent atomisation. This study investigates a back to back study of the evaporating and mixing behaviour of the μMist® injector and a class leading DEF injector. The test conditions are with and without a mixer plate and the use of two different flow path designs. Spray distribution across the face of the catalyst is assessed by measuring NOx conversion whilst Ammonia slip is also measured post catalyst. This report describes how the novel μMist® injector significantly increases NOx conversion and catalyst surface usage whilst considerably reducing Ammonia slip.
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van der Put, Dieter. « Efficient commercial powertrains – How to achieve a 30% GHG reduction in 2030 ». Dans FISITA World Congress 2021. FISITA, 2021. http://dx.doi.org/10.46720/f2020-adm-054.
Texte intégralRésumé :
In order to reduce greenhouse gas emissions from the transport sector, the EU has agreed on new regulations to limit CO2 emissions of new heavy-duty vehicles over 16 tons by 15% from 2025 onwards and by 30% from 2030 onwards compared to the 2019 reference. These CO2 targets pose a major challenge, especially for the heavy-duty sector. The increase in freight traffic and vehicle size as well as weight restrictions limit the reduction potential of energy consumption. Moreover, the total costs of ownership (TCO) play a decisive role in which technologies find their way into this competitive market. Recent studies show that new energy sources from renewable energies will not have a noticeable effect on reducing CO2 emissions in the transport sector until 2030. In this transition, a significant portion will be achieved by vehicle measures, like e.g. aerodynamic and rolling resistance improvements, as well as intelligent mobility vehicle functionalities. To reduce CO2 emissions of long-haul trucks, the focus during the next decade will continue to be on optimizing the efficiency of the powertrain driven by a combustion engine. The improvement of the combustion efficiency is one part of the possible and necessary measures. An additional potential is to recycle a part of the waste energy, generated during operation, wherever and whenever it can be used efficiently. Because of region specific legislations, applications and market demands, prior to 2025 a short term flexible integration is key, therefore requiring a modular architecture. It consists of four major systems: - Energy converters for recovering loss energy from braking operation and exhaust enthalpy like Integrated Starter Generator (ISG) or Waste Heat Recovery systems (WHR) - Electrically supported aftertreatment solutions to also meet the next level of emission limits - 48V board network<br>- Electrified engine components like electrically driven auxiliaries, electrically assisted charging or an electrically driven low-pressure EGR pump to allow the combustion engine to be optimized throughout the entire operating range. The presentation describes the concept of such a modular electrified HD Longhaul Truck. Based on driving cycle simulations, the potential of the various modules, different configurations and applications are estimated. Furthermore, measures like alternative fuels (e.g. CNG, LNG, H2) will become available to further reduce CO2 emissions. As further initiative in this paper, intelligent mobility vehicle functionalities will be presented, making use of truck and cloud connectivity information and adapted to the customer specific truck operation requirements.
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Khangura, Jasan, Melanie Flores et Jane Ishmael. « Product text labels indicate the presence of other pharmacologically active ingredients in many OTC hemp- and CBD-containing preparations ». Dans 2021 Virtual Scientific Meeting of the Research Society on Marijuana. Research Society on Marijuana, 2022. http://dx.doi.org/10.26828/cannabis.2022.01.000.32.
Texte intégralRésumé :
Introduction: The 2018 Farm Bill changed the legal status of cannabis plants that meet the definition of industrial hemp and allowed for the rapid expansion of hemp-based products into commercial spaces. With an emphasis on industrial hemp as the source of naturally-occurring cannabinoid compounds, a niche market for cannabidiol (CBD)-containing products was quickly established in pharmacies and grocery stores. Although the U.S. Food and Drug Administration (FDA) has retained oversight of all cannabis-based products, labelling of hemp-derived products for retail markets remains largely unregulated. Under federal law, CBD cannot be added to foods, beverages, sold as a dietary supplement or marketed for a therapeutic benefit, however the perceived health benefits of CBD as an acceptable and safe ingredient contribute to the growing market for these health products. Objective: The objective of this study was to evaluate the range of over-the-counter (OTC) hemp- and CBD-based products available to consumers and determine the prevalence of other pharmacologically active agents identified as ingredients in these products. Labels were scored for the presence of: active and inactive ingredients, percent CBD, full-spectrum hemp, full-spectrum CBD or CBD isolate. Methods: Two large pharmacy chains and one medium-sized grocery store located in the Pacific Northwest were surveyed between May 2020 and February 2021 and OTC hemp-derived products on display were recorded. Identification of pharmacologically active ingredients on the product label was validated using the National Medicines Comprehensive Database. Products that were noted to have CBD or hemp ingredients were included in the study, while any products that did not accurately report the amount of CBD in the product were excluded. Products that did not list the total weight of the product were excluded from the analysis. Results: Thirty-three unique products were recorded from 19 different manufacturers. 39% of product labels indicated the presence of Full-Spectrum Hemp as part of the base product, while 66% of products listed Hemp Extract as the base product. Text labels on CBD-containing products, on average, indicated more than 3 additional pharmacologically active ingredients were contained in each product. Topical CBD products were more likely to have other ingredients such as arnica montana, menthol and camphor, whereas products for oral ingestion were more likely to have only CBD as the primary active ingredient. Text labels on 52% of topical CBD products listed the presence of 10% menthol. Average concentrations of CBD in OTC products was found to be 1.12% ± 1.48 %, based on dry weight. Conclusion: Product text labels on OTC hemp-and CBD-containing preparations is varied and presented in a non-standardized format. Topical CBD products were more likely to contain other pharmacologically active natural products that can be used for the treatment of pain symptoms. Concentrations of arnica montana, menthol and camphor were as much as 10-fold higher than the proportion of CBD contained in these products. The absence of a standard format for labelling of OTC hemp- and CBD-derived products and the frequent presence of other active ingredients has the potential to create confusion and risk for the consumer.