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Sappideen, Razeen, i Ling Ling He. "Investor-State Arbitration: The Roadmap from the Multilateral Agreement on Investment to the Trans-Pacific Partnership Agreement". Federal Law Review 40, nr 2 (czerwiec 2012): 207–26. http://dx.doi.org/10.22145/flr.40.2.4.
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Capital exporting countries have attempted to protect the overseas investments of their multinational corporations (MNC) against host nation governments expropriating these investments, limiting the right to repatriate profits, or subjecting the withdrawal of their investments to heavy penalties. The aborted Multilateral Agreement on Investment (MAI) of the mid-1990s was an attempt at transferring these concerns to a settled legal framework between nations. Some limited expression of this is found in the provisions of the World Trade Organisation (WTO) Dispute Settlement Understanding, while more substantive assertions are found in the investor-state dispute settlement (ISDS) provisions of bilateral trade and investment agreements entered into between developed and developing economies. However, recent legal challenges and associated public relations campaigns by MNC directed at Public Law and Health measures have caused governments to reassess the situation. A classic example of this has been the challenge by tobacco companies against the plain cigarette packaging legislation introduced by the Canadian and Australian governments. The Australian Government's response to this through its statement of position in respect of future bilateral agreements and its Tobacco Plain Packaging Act 2011 (Cth)1 is equally path breaking. This article examines the dramatic turnaround in perspective of States in respect of Investor-State arbitration, and its impact on the Trans-Pacific Partnership Agreement (TPP) currently being negotiated.
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von Alberti-Alhtaybat, Larissa, i Khaldoon Al-Htaybat. "Investor relations via Web 2.0 social media channels". Aslib Journal of Information Management 68, nr 1 (31.12.2015): 33–56. http://dx.doi.org/10.1108/ajim-04-2015-0067.
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Purpose – The purpose of this paper is to investigate the use of Web 2.0-based social media for investor relations (IR), in the Middle Eastern (ME) context. IR is one of the under-researched topics of the corporate reporting subject area. This study seeks to contribute by investigating social media for IR in a ME context. It researches the perceptions of corporations, and individual and institutional investors regarding the phenomenon of social media for IR, given the particular cultural context. A conceptual model guiding future research is developed out of the analyzed data. Design/methodology/approach – The research approach is qualitative and exploratory in nature, as the aim is to analyze perceptions and opinions of participants, in order to develop a theoretical argument based on these. To this end, the study employs a qualitative methodology and interview data collection. Data are analyzed using qualitative research coding styles. Findings – Primary findings are encompassed in the theoretical framework, which theorises the adoption of social media for investor relation in particular but addresses voluntary corporate reporting in general. The study determines that there are various factors that support and hinder adoption, such as willingness to adopt social media for IR and potential risks and benefit, and that there are anticipated outcomes, such as improved communications between investors and corporations and a related power adjustment. The new element regarding IR that transpired out of the current study is the notion of investor empowerment and the directly related fear of lack, or essentially loss, of control. Originality/value – The ME societies are very interested in social media applications, and utilize these in a broad range of their daily work and private activities. IR, as part of voluntary reporting, have been subject of recent debate, as little guidance is available and corporations’ practices vary. The current study highlights these factors in a largely under-researched market, the ME, and focuses a broader knowledge contribution based on the current findings. Finally, the concept of power is investigated in both its conventional and postmodern sense.
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Hoffmann, Christian Pieter, i Lea Aeschlimann. "Shielding or engaging: the use of online shareholder platforms in investor relations". Corporate Communications: An International Journal 22, nr 1 (6.02.2017): 133–48. http://dx.doi.org/10.1108/ccij-05-2016-0037.
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Purpose The purpose of this paper is to analyze antecedents of listed corporations’ propensity to adopt online shareholder platforms. It differentiates two strategic investor relations (IR) frames, shielding and engaging, and explores their effect on ICT adoption. Design/methodology/approach Findings are based on a survey of 82 corporations listed on the Swiss, German and Austrian stock exchanges. The authors apply multiple linear regression analysis to test a multi-faceted adoption model. Findings The authors find that resource constraints, familiarity with online media and efficiency considerations drive listed corporations’ willingness to adopt online shareholder platforms. Beyond these operational antecedents, strategic considerations significantly affect adoption: IR functions geared toward shareholder engagement are more likely to apply interactive platforms, while IR departments geared toward shielding the corporation from shareholder interventions will be less attracted to the participatory affordances of online media. Research limitations/implications This study is limited in scope to corporations listed on the Swiss, German and Austrian stock exchanges and cannot account for antecedents distinct to other regulatory environments. Practical implications IR functions need to carefully develop and apply communication strategies, which in turn will inform ICT adoption. The authors find that IR departments geared toward a two-way symmetrical communication model are more attracted to the participatory affordances of online platforms. Thereby, they are more likely to innovate by employing current digital applications. Originality/value This study contributes to research on the benefits of digital media to two-way symmetrical and dialogic corporate communications. It is the first study to explore these relationships in the context of IR. It further contributes to research on the strategic role of IR by developing and applying two distinct strategic frames to the subject of ICT adoption in IR.
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Laskin, Alexander V. "The third-person effects in the investment decision making: a case of corporate social responsibility". Corporate Communications: An International Journal 23, nr 3 (6.08.2018): 456–68. http://dx.doi.org/10.1108/ccij-10-2017-0099.
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Purpose The purpose of this paper is to apply a third-person effects theory to the study of corporate social responsibility communications. Previous studies have asked what importance investors assign to the socially responsible activities of corporations. However, in the context of publicly-traded companies, it becomes important not only to calculate the effects of available information on an individual investor, but also to estimate the effects of every piece of information on the investor’s perception of the investment community at large. Design/methodology/approach The study uses a survey methodology in order to evaluate what value respondents assign to socially responsible behaviors as well as to identify a presence of third-person effects in the corporate social responsibility evaluations. Using an online survey, the respondents were asked to read a modified news article and the respond to a series of questions. In total, 96 completed surveys were collected and analyzed. Findings The research finds the presence of third-person effects incorporate socially responsibility message processing. The results of the study show that, while individually people are supportive of the socially responsible behaviors of corporations, they perceive others to be less supportive of such behaviors; they also see others as less likely to encourage such behaviors through action. As a result, people are less likely to act on their own views of corporate socially responsibility as they perceive themselves to be outliers. These findings lead to important consequences for investor communications, which are discussed in light of the efficient market hypothesis. Research limitations/implications From an academic standpoint, the study proposed that in investor and financial communication, third-person effects could play a significant role. Yet, third-person effects research in investor relations literature simply does not exists. Thus, the study’s main contribution is expanding third-person effects theory into the field of the investor relations research. Practical implications From practical standpoint, expectations and perception of corporate social responsibility have a significant effect on corporate reputation and, thus, communication about corporate social responsibility become important as they shape these perceptions and expectations. Yet, such corporate social responsibility issues may include a variety of matters, such as governance, responsibility, and the quality of social and economic choices, sometimes even contradictory to each other. It becomes a job of investor relations managers to study, analyze, and respond to these competing demands. Social implications From societal standpoint, the study advances the debate on the role of corporations in the society. With such concepts as social license to operate and creating shared value, and the growing expectations about corporate behavior, understanding the stakeholders perceptions of socially responsible behavior of corporations as a function of their perceptions of other stakeholders’ viewpoints, creates a better understanding of the complexities involved in the issue of corporate social responsibility reporting. Originality/value Since investors and other financial publics are not homogenous and may have different perspectives, opinions, values, etc., they may react to the same information differently. Furthermore, they may expect others to behave differently and such perceptions, whether accurate or not, may, in fact, influence their own behavior, as third-person effects theory would suggest. Investor relations, then, becomes a function of managing these expectations. The presence of the third-person effects in investor communications can have a strong effect on market behavior and, thus, must become an important part of the investor relations professionals’ job – how the messages are crafted, communications, and measured. Yet, third-person effects is non-existent in the investor relations literature. Thus, the study provides an original contribution by applying a third-person effects theory in the investor relations research.
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He, Ling Ling, i Razeen Sappideen. "Investor-State Arbitration under Bilateral Trade and Investment Agreements: Finding Rhythm in Inconsistent Drumbeats". Journal of World Trade 47, Issue 1 (1.02.2013): 215–41. http://dx.doi.org/10.54648/trad2013007.
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The investor-state arbitration process has been commonly used under bilateral trade and investment agreements since first adopted by the North American Free Trade Agreement (NAFTA) in 1994.This mechanism has well served the investment interests of multinational corporations. In recent times, some countries have been rethinking the special legal rights offered to foreign investors over domestic investors in dispute resolution through the investor-state arbitration process. This article examines the changing landscape in investor-state dispute resolution and its impact on bilateral trade and investment agreements.
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Hoffmann, Christian Pieter, i Sandra Binder-Tietz. "Strategic investor relations management: insights on planning and evaluation practices among German Prime Standard corporations". Journal of Communication Management 25, nr 2 (22.01.2021): 142–59. http://dx.doi.org/10.1108/jcom-06-2020-0047.
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PurposeWhile several extant studies have discussed the strategic importance of investor relations (IR) for listed corporations, few have tried to apply findings from strategic communication research to IR. Therefore, little is known about the planning and evaluation of IR programs, with even less data available on IR's involvement in top management decision-making. The purpose of this paper is to examine research on planning and evaluation practices in German Prime Standard corporations' IR departments.Design/methodology/approachThe method entailed a survey of 51 heads of IR departments from the largest corporations listed on the Frankfurt Stock Exchange concerning the topic of measurement and evaluation.FindingsThe findings highlight an intermediate stage in the professionalization of the still-emergent IR function. While IR has been established as an independent function with some consideration in strategic leadership, strategic management of the function is still evolving. This study shows that while some form of planning is the norm, IR departments at smaller companies tend to focus more on departmental objectives than on deriving objectives from the corporate strategy. Also, systematic evaluation remains lacking in many smaller companies' IR departments. As a result, IR managers from smaller companies are consulted less frequently during top management meetings on corporate strategy.Research limitations/implicationsThis study is based on data collected only from German Prime Standard corporations. While satisfactory in the context of quantitative IR studies, the response rate from the reported survey was only 32%. Furthermore, the average level of strategic IR management among German listed companies actually may be somewhat lower than reported in this paper, as large listed companies are somewhat overrepresented in the sample.Originality/valueThis study addresses an apparent research gap, i.e. to date, little is known about the strategic management of the IR function, especially in a non-US context. This analysis shows that theories and frameworks from strategic communication management can be applied to the IR function.
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Thomé, Hugo. "Holding Transnational Corporations Accountable for Environmental Harm Through Counterclaims in Investor-State Dispute Settlement: Myth or Reality?" Journal of World Investment & Trade 22, nr 5-6 (10.12.2021): 651–86. http://dx.doi.org/10.1163/22119000-12340224.
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Abstract Considering the imperative need to protect our environment, the present article begins by highlighting the absence of a comprehensive international framework under which transnational corporations may be held accountable for environmental harm. Drawing from the successful decisions on environmental counterclaims in Perenco v Ecuador and Burlington Resources v Ecuador, this article thus argues that this legal void could be filled by holding transnational corporations accountable for environmental harm under international investment law. However, the practice of environmental counterclaims as they have materialised in these recent decisions emphasises the existence of a gap between theory and reality and, thus, their limited chances of success. It is nevertheless suggested that, in the context of current debates surrounding an investor-State dispute settlement reform, States hold the cards to ensure that transnational corporations are held accountable for environmental harm under international investment law.
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Arato, Julian. "The Private Law Critique of International Investment Law". American Journal of International Law 113, nr 1 (styczeń 2019): 1–53. http://dx.doi.org/10.1017/ajil.2018.96.
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AbstractThis Article argues that investment treaties subtly constrain how nations organize their internal systems of private law, including laws of property, contracts, corporations, and intellectual property. Problematically, the treaties do so on a one-size-fits-all basis, disregarding the wide variation in values reflected in these domestic legal institutions. Investor-state dispute settlement exacerbates this tension, further distorting national private law arrangements. This hidden aspect of the system produces inefficiency, unfairness, and distributional inequities that have eluded the regime's critics and apologists alike.
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Villiers, Bertus de. "Privatised Autonomy for the Noongar People of Australia – a sui generis Model for Indigenous Non-territorial Self-government". Verfassung in Recht und Übersee 53, nr 2 (2020): 171–89. http://dx.doi.org/10.5771/0506-7286-2020-2-171.
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The Noongar people of the federal state of Western Australia have recently entered into what can be described as the most comprehensive settlement of a native title claim that spans an area of 200 000 square kilometres. The Settlement lays the foundation of a sui generis model for indigenous and minority self-determination in Australia and beyond. The Settlement sits between the spheres of public law and private law and provides for a form of non-territorial autonomy that is unique not only to Australia. The Noongar people are acknowledged as the traditional owners of the entire area, albeit that major other towns and cities are located in the area and the Noongar people only constitute very small minority. Whereas the topic of non-territorial self-government has been mainly explored in theory and in practice in the European domain, the Noongar Settlement shows how the principles that embody non-territorial autonomy may find root in other parts of the world. The potential relevance of the Noongar Settlement for non-territorial self-government of Aboriginal people or other minorities lies in four essential elements: firstly, creating for the Noongar people legal Corporations by statute for purposes of their self-government; secondly, decentralising powers and functions to the Corporations to enable them to perform the functions of a community government to its members; thirdly, to enable the elected Corporations to develop policies, make decisions and deliver pubic services on a personal rather than a geographical basis to the members of the community; and fourthly, to allow the Corporations to cooperate with and engage other levels of government within the system of intergovernmental relations in Australia. The Noongar Corporations, in effect, have the hallmarks of a fourth level government and represent a potential sui generis model for indigenous and minority non-territorial self-government.
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����������, Tatyana Ponomareva, ��������� i Aleksandra Balberina. "Operational IR-model Design". Russian Journal of Project Management 5, nr 4 (20.12.2016): 56–67. http://dx.doi.org/10.12737/21439.
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Project and operational management approaches to the process of organizing some new company activities might be an effective business solution. One of such tools or activities is called roadshow and it is generally considered as one of the best types of interaction with the investors. Today in Russia there are numerous blank spots in the analysis of IR-professionals� tools. Despite playing a vital role in the ability of corporations to attract capital and to create positive reputation the concept of investor relations (IR) has little attention in scholarly research. This research aims to design the reference operational model of road-show applying a combination of qualitative methods. The data will be gained by the deployment of primary and secondary sources (cases, literature review). Data analyzing will allow to identify the most important operations within road show. Except the theoretical implications this research will provide IR-professionals project and event-managers with the helpful project and operational instrument for running a successful investor roadshows.
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Linderfalk, Ulf. "Philip Morris Asia Ltd. v. Australia – Abuse of Rights in Investor-State Arbitration". Nordic Journal of International Law 86, nr 3 (21.09.2017): 403–19. http://dx.doi.org/10.1163/15718107-08603002.
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This case-note analyses the international award recently published in the case of Philip Morris Asia Limited v. the Commonwealth of Australia. Engaging particularly with the application of the Arbitration Tribunal of the abuse of rights doctrine, the note addresses, in the light of this award, a series of questions that continue to perplex international investment lawyers. How should the concept of abuse of rights be defined? What is the status of the abuse of rights doctrine in international law? What is the relationship between the abuse of rights doctrine and the foreseeability test? What is the significance of the demonstration of bad faith on the part of an investor for the application of the abuse of rights doctrine?
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GRAY, ANTHONY. "PRECEDENT AND POLICY: AUSTRALIAN INDUSTRIAL RELATIONS REFORM IN THE 21ST CENTURY USING THE CORPORATIONS POWER". Deakin Law Review 10, nr 2 (1.07.2005): 440. http://dx.doi.org/10.21153/dlr2005vol10no2art286.
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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>This article will discuss the topical issue of whether the Commonwealth, in Australia’s federal system of government, can rely on its so-called “corporations power” in order to pass planned industrial relations laws. The Federal Government has recently indicated its plans to introduce a national system of industrial relations regulation in Australia. While the detail of the proposed legislation is not currently to hand, the planned changes raise a controversial issue whether the Australian Government would permit such regulation. This article considers the corporations power as justification for the proposed laws.</span><span>] </span></p></div></div></div>
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Trakman, Leon E. "Investor State Arbitration or Local Courts: Will Australia Set a New Trend?" Journal of World Trade 46, Issue 1 (1.02.2012): 83–120. http://dx.doi.org/10.54648/trad2012004.
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The Australian Government announced in April 2011 that it will no longer include arbitration clauses in its investment treaties but will provide that investment disputes between foreign investors and host states be heard by the domestic courts of those host states instead. This statement reflects doubts by a developed state about the efficiency of bilateral investment treaties (BITs) in general and investment arbitration in particular. It also raises the question whether other countries will follow particular strategies to suit their discrete needs. One ramification is that resource wealthy states will make tactical decisions, such as entering into BITs only with capital exporting countries, as South Africa has declared. Another is whether developed states will avoid concluding BITs with developing countries whose domestic court systems are unknown or mistrusted. Yet another issue is how a policy statement, such as enunciated by Australia, will impact on its ability to attract foreign investment while protecting its national interests and also its investors abroad. This article deals with these issues, highlighting the significance of competing dispute resolution options in addressing the issues.
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Pearce, Prafula. "Duty to Address Climate Change Litigation Risks for Australian Energy Companies—Policy and Governance Issues". Energies 14, nr 23 (23.11.2021): 7838. http://dx.doi.org/10.3390/en14237838.
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The transition from fossil fuels to renewable energy requires cooperation from all, including corporations, shareholders, and institutional investors. The purpose of this paper is to explore climate change litigation risks for Australian energy companies and investors from a policy and governance perspective. Companies are increasingly reporting their climate policies to satisfy their shareholders and investor demands. In addition, the government and judiciary are making laws and decisions to support the Paris Agreement. This paper explores whether company directors can and, in some cases, should be considering the impact of climate change litigation risks on their business, or else risk breaching their obligation to exercise care and diligence under the Corporation Act 2001 (Cth, Australia). The paper concludes that in addition to reducing climate change litigation risks, Australian energy companies and institutional investment bodies that invest in Australian energy companies can make informed climate risk decisions by aligning their investments with the goal of net-zero or reduced emissions.
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Frenkel, Stephen. "Workplace Relations: Past, Present and Future". Australian Journal of Management 27, nr 1_suppl (czerwiec 2002): 149–59. http://dx.doi.org/10.1177/031289620202701s15.
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This paper briefly describes and explains a research trajectory that spans 25 years and provides some pointers for future research. Three sets of studies are addressed and organised thematically. The theme of the first research program is industrial conflict and accommodation, and the settings include strike-prone industries in Britain and Australia in the decade, 1973–83. The second set of studies addresses the theme of globalisation and the impact of multinational corporations on workplace relations. Relevant settings include countries in Africa, Europe and especially Asia in the period, 1994–2002. The third research program has the informational economy as its theme. This includes an emphasis on computer technology, services and knowledge work. The research focus is on workplace relations in customer-contact service firms, and in new industries such as biotechnology and software development that are particularly dependent on innovation.
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Binder-Tietz, Sandra, Christian P. Hoffmann i Jan Reinholz. "Integrated financial communication: Insights on the coordination and integration among investor relations and public relations departments of listed corporations in Germany, Austria and Switzerland". Public Relations Review 47, nr 4 (listopad 2021): 102075. http://dx.doi.org/10.1016/j.pubrev.2021.102075.
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Tobin, Jennifer L. "The Social Cost of International Investment Agreements: The Case of Cigarette Packaging". Ethics & International Affairs 32, nr 2 (2018): 153–67. http://dx.doi.org/10.1017/s089267941800028x.
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AbstractNational governments have signed and ratified over three thousand International Investment Agreements (IIAs), which for the first time give multinational firms standing to sue host governments in international arbitration tribunals. IIAs have led to a host of high-profile and controversial legal disputes that have led to claims that investor state arbitration may be impeding governments in their ability to regulate and to protect their citizens’ well-being, a phenomenon known as “regulatory chill.” To understand the normative implications of regulatory chill, I analyze investor state arbitration over tobacco in Australia and Latin America. I examine legislative discussions over possible regulatory changes in Australia and Uruguay, the two cases that have faced disputes over tobacco laws, as well as in Latin American countries that provide access to the legislative debates and had legislative initiatives that sought to strengthen tobacco legislation. These cases demonstrate that tobacco packaging laws in a number of countries have been delayed or reduced as a result of fears of potential arbitration among the government and legislators. This regulatory chill is normatively problematic as it suggests that states may be giving up more of their regulatory authority than they initially believed they would have to under IIAs.
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Yunus, Norhanishah Mohamad, i Noraida Abdul Wahob. "The Technology and Knowledge Spıllover Effects of FDI on Labour Productıvıty—Evıdence from Medıum-Hıgh Industry in Malaysıa". 11th GLOBAL CONFERENCE ON BUSINESS AND SOCIAL SCIENCES 11, nr 1 (9.12.2020): 110. http://dx.doi.org/10.35609/gcbssproceeding.2020.11(110).
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A plethora of studies have revealed the importance of new knowledge transfer from foreign multinational corporations (MNCs) in encouraging higher labour productivity and sustainable competitive advantages. However, less attention is given to low labour productivity issue despite the presence of FDI, especially in the developing country context. Most of the studies only heavily emphasised on 'technology' effects rather than 'knowledge' effects on the host country as a result of the presence of foreign technology. As Malaysia is one of the major FDI recipients in Southeast Asia, the specific spillover effects of each FDI investor country in Malaysia, need to be studied. With an abundance of MNCs, international technology transfer is considered as an imported mode for technology acquisition in a developing country like Malaysia. However, the benefits of FDI spillovers on labour productivity function in Malaysia remain ambiguous, even when classified according to specific investor countries. Globalisation and liberalisation have seen trade and investment activities booming, thus increasing multilateral relations between Malaysia and other countries regardless of their level of development. Thus, this study may help the Malaysian government to justify the cost that should be invested to attract more FDI inflows towards the manufacturing industries in the short run. Keywords: spillover effects, Foreign Direct Investment, labour productivity, technology spillovers, knowledge spillovers
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Huang, Jie (Jeanne). "Silk Road Economic Belt: Can Old BITs Fulfil Chinas New Initiative?" Journal of World Trade 50, Issue 4 (1.08.2016): 733–54. http://dx.doi.org/10.54648/trad2016030.
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The ‘Silk Road Economic Belt’ (SREB) Initiative is the focal point of China’s ‘Belt and Road’ national strategy. This article explores the feasibility of the SREB initiative from the perspective of international investment law. Sixty-one Bilateral Investment Treaties (BITs) were concluded between China and SREB countries and thirty-eight of them were signed in the 1990s or before. By a statistical research method, this article argues that these thirty-eight BITs may not fulfil the SREB initiative because of their insufficiencies in three aspects: ambiguous definitions of ‘investor’ and ‘investment’, no national treatment and limited investor-state dispute resolution mechanism. By referring to recent BITs/ Free Trade Agreement (FTAs) concluded by China, such as the China-Korea FTA and the China-Australia FTA, this article suggests solutions to revise these old BITs.
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García Olmedo, Javier. "RECALIBRATING THE INTERNATIONAL INVESTMENT REGIME THROUGH NARROWED JURISDICTION". International and Comparative Law Quarterly 69, nr 2 (kwiecień 2020): 301–34. http://dx.doi.org/10.1017/s0020589320000044.
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AbstractThe legitimacy crisis confronting the international investment regime has called for reforms to eliminate the asymmetric and troubled nature of investment treaties. These instruments grant extensive investor protections without offering reciprocal safeguards for host States wishing to preserve regulatory space. This article argues that any reform designed to redress imbalances in the existing regime should first aim at narrowing the personal jurisdiction of investment tribunals. Problematically, access to most investment treaties depends on broad nationality requirements, which have enabled investors to use corporations or passports of convenience to obtain treaty protection. This practice exacerbates the unbalanced relationship between host States and investors. It increases host States’ exposure to investment treaty claims and allows investors to circumvent newer, more State-oriented investment treaties. Using as an example the novel anti-nationality planning approach embraced in the 2019 Dutch Model BIT, this article suggests effective treaty mechanisms that States can adopt to restrict the range of investors that are entitled to claim.
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WILLIAMS, GEORGE. "THE CONSTITUTION AND A NATIONAL INDUSTRIAL RELATIONS REGIME". Deakin Law Review 10, nr 2 (1.07.2005): 498. http://dx.doi.org/10.21153/dlr2005vol10no2art289.
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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>The federal Government is proposing to bring about a single national scheme for the regulation of industrial relations in Australia. This will raise a number of important constitutional questions that may need to be resolved by the High Court. These questions as examined in this article are: could a single national law for the regulation of industrial relations be passed under a head of Commonwealth power (in particular, under the Commonwealth's powers over corporations, interstate trade and commerce or external affairs); even such a law could so be enacted, would it nevertheless be struck down due to an express or implied constitutional limitation; and to what extent could the law override the State laws that already govern much of the field?</span><span>] </span></p></div></div></div>
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Chitimira, Howard. "A Comparative Synopsis of the Enforcement of Market Abuse Prohibition in Australia and South Africa". African Journal of Legal Studies 9, nr 1 (29.06.2016): 46–77. http://dx.doi.org/10.1163/17087384-12342068.
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In Australia, the market abuse prohibition is generally well accepted by the investing and non-investing public as well as by the government. This co-operative and co-ordinated approach on the part of all the relevant stakeholders has to date given rise to an increased awareness and commendable combating of market abuse activities in the Australian corporations, companies and securities markets. It is against this background that this article seeks to explore the general enforcement approaches that are employed to combat market abuse (insider trading and market manipulation) activity in Australia. In relation to this, the role of selected enforcement authorities and possible enforcement methods which may be learnt from the Australian experience will be isolated where necessary for consideration in the South African market abuse regulatory framework.
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Ranjan, Prabhash. "Investor-State dispute settlement (ISDS) cases and India: affronting regulatory autonomy or indicting capricious state behaviour?" Journal of International Trade Law and Policy 21, nr 1 (7.12.2021): 42–64. http://dx.doi.org/10.1108/jitlp-10-2021-0053.
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Purpose The dominant narrative in the investor-State dispute settlement (ISDS) system is that it enables powerful corporations to encroach upon the regulatory power of developing countries aimed at pursuing compelling public interest objectives. The example of Phillip Morris, the tobacco giant, suing Uruguay’s public health measures is cited as the most significant example to prove this thesis. The other side of the story that States abuse their public power to undermine the protected rights of foreign investors does not get much attention. Design/methodology/approach This paper reviews all the ISDS cases that India has lost to ascertain the reason why these claims were brought against India in the first place. The approach of the paper is to study these ISDS cases to find out whether these cases arose due to abuse of the State’s public power or affronted India’s regulatory autonomy. Findings Against this global context, this paper studies the ISDS claims brought against India, one of the highest respondent-State in ISDS, to show that they arose due to India’s capricious behaviour. Analysis of these cases reveals that India acted in bad faith and abused its public power by either amending laws retroactively or by scrapping licences without following due process or going back on specific and written assurances that induced investors to invest. In none of these cases, the foreign investors challenged India’s regulatory measures aimed at advancing the genuine public interest. The absence of a “Phillip Morris moment” in India’s ISDS story is a stark reminder that one should give due weight to the equally compelling narrative that ISDS claims are also a result of abuse of public power by States. Originality/value The originality value of this paper arises from the fact that this is the first comprehensive study of ISDS cases brought against India and provides full documentation within the larger global context of rising ISDS cases. The paper contributes to the debate on international investment law by showing that in the case of India most of the ISDS cases brought were due to India abusing its public power and was not an affront on India’s regulatory autonomy.
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Mamedyarov, Z. "Development of Science and Technology: Post-Crisis Assessments". World Economy and International Relations 66, nr 5 (2022): 14–22. http://dx.doi.org/10.20542/0131-2227-2022-66-5-14-22.
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The COVID 19 pandemic, which dragged on for more than two years, led to large-scale shifts in the major sectors of the world economy and affected the S&T sphere. The paper considers the main factors that have influenced innovative development, the choice of S&T priorities by major countries and corporations, as well as the crisis phenomena aggravated in the S&T sphere. It shows the growth of research and development costs in a narrow group of corporations in the biopharmaceutical and information and communication sectors with stagnating costs in other sectors, the large-scale growth of publication activity, the uneven growth of tax incentives from the states, the importance of “open innovations” in modern science. It is noted that the intensity of researches and developments all over the world grew in 2020–2021 even in those companies where the total expenses on science and innovations decreased, thus the consequences of the crisis will be appreciable up to the end of the current decade. Legislative innovations in the technological sphere in the USA were especially noted, comparative estimations with innovative development of China were carried out, and the prospects of technological confrontation between the two countries were outlined. The questions of tax stimulation of innovative activity and ambiguity of definition of expenses on research and development in corporations of information-communication industry were also considered. The trends in the most science-intensive industry, biotechnology and pharmaceuticals, which occupies the first place in the world both in terms of spending on science and innovation, and the number of highly qualified jobs, are considered separately. The processes holding back the industry that could not be overcome during the pandemic are shown. Given the fundamental importance of patenting (a strict intellectual property control regime), initiatives to relinquish some of the rights to medicines (including vaccines) associated with the coronavirus and weaken the intellectual property protection regime in the next decade look unpromising. By the end of 2022, we should expect a decline in investor interest in vaccines and a return to the traditional focus of industry companies on rare diseases and the development of drugs against them.
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Zharinov, I. O. "Corporate Governance in the Digital Economy". Vestnik of the Plekhanov Russian University of Economics, nr 6 (22.12.2021): 158–69. http://dx.doi.org/10.21686/2413-2829-2021-6-158-169.
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The task of organizing corporate governance of groups of business systems that carry out industrial activities in the Industry 4.0 paradigm and are focused on a single market segment is considered. The subjects of governance are defined as residents of corporate business relations (stakeholders) who provide management or action the business as an investor, owner, lender, etc. The objects of governance are defined as business systems and their groups (business complexes, State corporations) formed as a result of institutional and infrastructural transformations in the primary and aggregated parts of industry. The innovative component (subject), corresponding to the globalization of economic and digitalization of business processes, introduced an information system into the management channel that performs modeling and evaluating the effectiveness of corporate business relations in a virtual environment using digital twins of governance objects. Digital twins are the information components of a virtual corporation deployed on a platform of a decentralized ecosystem. The criterion for the quality of governance is the effectiveness of the corporation, formed in a balanced space of parameters relevant to financial and production indicators. The technology is described and the scheme of the corporate governance system is presented, which complementarily combines the action of business management systems and artificial intelligence (scheduler) of the virtual environment on the groups. It is proposed to extend the mechanisms of corporate governance to the business relations of the parties regulated in the digital institutional environment by electronic procedures.
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Smirnov, Valery, Denis Osipov, Elena Lyubovtseva, Elvira Kuznetsova i Ludmila Savinova. "Movement of the components of Russian financial capital". SHS Web of Conferences 106 (2021): 01015. http://dx.doi.org/10.1051/shsconf/202110601015.
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In the article there is revealed movement of financial capital components as a substance – the unity of diversity and the diversity of unity. Analysis of USD / RUB, RGBI, RTSI, SBER, IMOEX dynamics revealed speculative behavior of financial capital owners (IMOEX, USD / RUB, SBER) in relation to internal (RGBI) and external (RTSI) market. Analysis of importance of growth rates of GDP and its components revealed the state priority of GDP deflator regulation (Central Bank – inflation targeting) in the context of state revenues growth and, as a structural consequence, reduction of importance of growth rates of GDP and expenditures of households consumption against the background of increase of importance of commodities and services import. At the same time the quite high values of importance of growth rates of export of Russian commodities and services are identical to ones of such countries as Australia, Estonia and Columbia. Analysis of capital growth rates revealed fixation of interrelations between the Central Bank and financial corporations in the context of regulation of money supply and currency outside financial corporations and internal claims. These relations strengthen due to focusing of monetary and credit policy at “clear requirements to central government” and at inflation targeting. Research of the Russian financial capital components movement demonstrated corporate strengthening of interrelations between the Central Bank and the financial corporations and also defined the options for regulation of speculative behavior of financial capital owners.
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Walters, David, Michael Quinlan, Richard Johnstone i Emma Wadsworth. "Representing miners in arrangements for health and safety in coalmines: A study of current practice". Economic and Industrial Democracy 40, nr 4 (1.12.2016): 976–96. http://dx.doi.org/10.1177/0143831x16679891.
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This article explores the operation of regulatory provisions for worker occupational health and safety (OHS) representation in coalmining in Australia. Using data on inspections, combined with qualitative interviews, it looks at what occurs in a generally hostile labour relations climate and what supports or constrains representation in this scenario. It finds evidence of the engagement of worker representatives with serious risks in coalmining. By using the various means with which they are provided by regulatory measures, they make a significant contribution to the operation of the regulatory strategy of enforced self-regulation of OHS management. They are successful in doing so despite the unsupportive climate of labour relations in which they are frequently situated. However, the study poses questions concerning the fit of this approach with increasingly dominant versions of OHS management pursued by large and globally active corporations and discusses some implications of this for policy and further study.
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Styhre, Alexander. "The decline of managerial capitalism and visionary leadership literature". International Journal of Organizational Analysis 24, nr 2 (9.05.2016): 225–45. http://dx.doi.org/10.1108/ijoa-05-2014-0768.
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Purpose In the recent literature on financialization and the rise of investor capitalism, the successor of managerial capitalism, which dominated until the 1970s, suggests that the firm is today enacted as a bundle of financial assets managed to create value for the shareholders. This paper aims to demonstrate how such views are established relatively recently by examining leadership literature published in the 1970s, representing an entirely different view of leadership work, the role of the firm and capital–labour relations. Design/methodology/approach Two books and one Harvard Business Review article published by the Volvo CEO Pehr G. Gyllenhammar, one of the most prominent Swedish industry leaders of the past century and one of the architects behind Volvo’s internationally renowned Kalmar and Uddevalla plants in Sweden, are examined. Based on a critical discourse analysis framework, these two volumes are treated as representatives of what Alfred Chandler speaks of as the regime managerial capitalism, today largely displaced by the regime of investor capitalism. Findings Gyllenhammar’s discourses stresses the role of the corporations as serving a wider social community than merely the shareholders, and regard the manufacturing industry as the legitimate site for the development of new production systems better suited to a more educated workforce demanding more qualified work assignments and greater autonomy. This argument, in favour of a view of the corporation as being socially embedded and responsive to wider social needs, can be contrasted against the contemporary view of leadership and corporate governance practice. Originality/value The paper addresses the shift from managerial capitalist regime of the post-Second World War period to the investor capitalism of the financialized economy and the financialized firm by contrasting leadership writing of the 1970s against today’s strong focus on shareholder enrichment and the enactment of CEOs and directors as the servants of the capital owners. A long-term perspective on the changes occurring over the past four decades may enable a better understanding how leadership, governance and industry are subject to ongoing re-interpretations and understanding in the face of novel economic, social and political conditions.
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Gonuguntla, Satya. "Evaluation of New Zealand’s Trade and Direct Investment Intensities with Major Trading Partners". Asian Business Research 2, nr 2 (16.05.2017): 45. http://dx.doi.org/10.20849/abr.v2i2.161.
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New Zealand (NZ) has been implementing liberal economic policies since 1980s. Accordingly, NZ has negotiated Free Trade Agreements with several countries. NZ is also the founding member of the Asia Pacific Economic Co-operation (APEC) which aims to achieve sustainable economic growth and prosperity among the countries in the Asia-Pacific Region, through free trade, investment and rapid regional economic integration. The bilateral FTAs include the Closer Economic Relations Agreement (CER) with Australia in 1983, Singapore (2001), and China (2008), Malaysia (2010), Hong Kong, China (2011) which are also member economies of the APEC. The consequence is an increase in trade as well as investment flows from Australia, Japan, Singapore, USA, and China. Presently, Australia is the largest export destination for New Zealand accounting for about 20% of merchandise exports, and a similar percent of merchandise imports. Australia is also the largest investor in NZ accounting for 56% of FDI in New Zealand. Singapore is NZ’s 6th largest trading partner and China is the second largest trading partner. Singapore, and Hong Kong, China each account for 4.5% of NZ’s FDI stock. The aim of this paper is to investigate the changing pattern of NZ’s total trade with these countries and inward FDI stock from these countries. The methodology consists of calculating and interpreting the Trade Intensity Indices and FDI Intensity Indices to gauge the significance of these two ratios at bilateral and regional level.
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Pauwelyn, Joost. "The Rule of Law Without the Rule of Lawyers? Why Investment Arbitrators Are from Mars, Trade Adjudicators from Venus". American Journal of International Law 109, nr 4 (październik 2015): 761–805. http://dx.doi.org/10.5305/amerjintelaw.109.4.0761.
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At the twentieth anniversary of the World Trade Organization (WTO), the WTO’s dispute settlement system is celebrated as one of the organization’s biggest achievements. Although powerful members such as China, the European Union (EU), and the United States are regularly on the losing side of WTO trade disputes, overall support for the system remains high. If anything, it has increased over time, with early criticism by civil society waning. Compare this situation to investor-state dispute settlement (ISDS), centered around the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). ISDS, which started in earnest around the same time that the WTO was created, is under fire not only in capital-importing countries ranging from Ecuador, Indonesia, and South Africa but also in capital-exporting nations such as Australia, Germany, and the United States. Indeed, in the ongoing EU-U.S. negotiations over a Transatlantic Trade and Investment Partnership (TTIP), ISDS emerged as one of the biggest bones of contention.
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SMIRNOV, Valerii V. "Analyzing the consistency of the dynamics of the Russian financial capital components". Finance and Credit 27, nr 4 (29.04.2021): 851–74. http://dx.doi.org/10.24891/fc.27.4.851.
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Subject. The article discusses financial capital issues. Objectives. The study determines the consistency of the dynamics of the Russian financial capital components. Methods. The study is based on the systems approach and methods of statistical, neural network and cluster analysis. Results. I analyze the dynamics of rates, such as USD/RUB, RGBI, RTSI, SBER, IMOEX, and discovered the speculative behavior of financial capital holders (IMOEX, USD/RUB, SBER) in the domestic (RGBI) and external (RTSI) market. Analyzing the importance of growth rates of GDP and its constituents, I found the State prioritized the regulation of the GDP deflator (The Central Bank – inflation targeting), considering a growth in governmental expenditures and the decreased importance of growth rates of GDP and households’ consumption expenditures, as the import of goods and services gets more important. The high importance of rates of growth in the export of goods and services is identical to Australia, Estonia and Columbia. Corporate relationships of the Central Bank and financial corporations focus on the regulation of money supply and currency outside financial corporations and internal claims. The relationships strengthen as the monetary policy get more concentrated on net claims to the central government and inflation targeting. Conclusions and Relevance. The scope of consistency of trends in the Russian financial capital components allows public authorities to regulate a growth in the corporate relations of the Central Bank and financial corporations in order to curb the speculative behavior of financial capital holders. The findings hereof contribute to the knowledge and competence of officials of the Russian Government and the Federal Antimonopoly Services with respect to systemic decisions on control over financial transactions.
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Gant, Jennifer L. L., i Jenny Buchan. "Moral Hazard, Path Dependency and Failing Franchisors: Mitigating Franchisee Risk Through Participation". Federal Law Review 47, nr 2 (1.04.2019): 261–87. http://dx.doi.org/10.1177/0067205x19831841.
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Employment relations are well understood. Business format franchising is a newer and rapidly evolving business expansion formula, also providing employment. This article compares the fates of employees and franchisees in their employer/franchisor insolvency. Whereas employees enjoy protection, franchisees continue to operate in conditions that have been described as Feudal. We identify the inherence of moral hazard, path dependency and optimism bias as reasons for the failure of policies and corporations laws, globally, to adapt to the franchise relationship. This failure comes into sharp focus during a franchisor’s insolvency. We demonstrate that the models of participation available to employees in the United States, Australia and the United Kingdom could be used to inform a re-balancing of the franchisees’ relationship with administrators and liquidators during the insolvency of their franchisor, providing franchisees with rights and restoring their dignity.
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Alexander, Malcolm. "Boardroom Networks among Australian Company Directors, 1976 and 1996". Journal of Sociology 39, nr 3 (wrzesień 2003): 231–51. http://dx.doi.org/10.1177/00048690030393002.
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This article examines the (interpersonal) network of boardroom contacts among the directors of Australia's largest companies in 1976 and 1996. Interlocking directors create an intercorporate network but also an interpersonal, contact network. The network reaches all directors serving on any board that has a connected interlocker/networker on it. The interpersonal network of 1996 is broader, more cohesive and more densely connected than that of 1976. However, there is only minimal change in the density of inter-corporate linkages over these two decades. These findings suggest that, by the late 1990s, internal social organization among the corporate elite in Australia is independent of the political economy of intercorporate relations and changing in directions suggested by Useem's study of `investor capital-ism' in the USA. Australian corporate power structure research needs to study the interaction of these trends with the pre-existing concentrations of corporate control in this country.
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Gleason, Ted, i Nathalie Devillier. "Consistent and Recurring Use of External Legal! Norms: Examining Normative Integration of the FCTC post-Australia Tobacco Plain Packaging". Journal of World Trade 53, Issue 4 (1.08.2019): 533–66. http://dx.doi.org/10.54648/trad2019024.
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The Framework Convention on Tobacco Control (FCTC) has emerged as international consensus concerning legally binding trade measures related to tobacco products. Nevertheless, the tobacco industry along with various WTO Member States have regularly argued that certain FCTC compliant measures conflict with various obligations arising from the WTO and international investment agreements. Normative conflicts between the FCTC and international economic law crystalize at the dispute resolution stage. This article analyses WTO and investor state dispute settlement (ISDS) disputes concerning tobacco control measures (TCMs), including Australia – Tobacco Plain Packaging, and shows consistent, recurring, and increasing use of the FCTC by tribunals who reliably uphold non-discriminatory TCMs on public health grounds. Despite a general hesitancy to formally integrate external legal norms in international legal systems, this article posits that the regularity of reliance on the FCTC, not only for evidentiary issues, but also for substantive legal analysis, evidences normative integration of the FCTC in international economic legal regimes. In line with the principle of systemic integration, international tribunals should consider the FCTC not only as factual reference, but also as legal norms when relevant.
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Wright, Claire, i Hannah Forsyth. "Managerial Capitalism and White-Collar Professions: Social Mobility in Australia’s Corporate Elite". Labour History: Volume 121, Issue 1 121, nr 1 (1.11.2021): 99–127. http://dx.doi.org/10.3828/jlh.2021.20.
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This article considers the interdependence of managerial capitalism with the historical constitution of professional work in Australia. Using data on the composition of the boards of Australia’s largest companies between 1910 and 2018, we show a deep connection between the managerial class and the top layers of professional hierarchies. Professionals in Australia forged a managerial-capitalist elite within large corporations, relying on a combination of professional expertise and signals of legitimacy that were enabled through higher education and accreditation structures. Relatively low levels of professional enclosure in the late nineteenth and early twentieth centuries created opportunities for Australians from middle- and working-class backgrounds to move into the capitalist elite. These opportunities were reduced significantly from the 1980s onwards as pathways to managerial roles themselves enclosed and as managerialism - as a mode of production - increasingly dominated global capitalism. The result was that by the end of the twentieth century, Australia’s corporate elite more closely resembled the rest of the world’s in its homogeneity and inaccessibility. This demonstrates the central role of professions in the reproduction of Australian capitalism over time, and the influence of professional enclosure on social mobility and inequality.
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KHAIETSKA, Olha. "WAYS TO INCREASE THE INTERNATIONAL INVESTMENT ATTRACTIVENESS OF UKRAINE". "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", nr 3 (53) (4.10.2020): 113–30. http://dx.doi.org/10.37128/2411-4413-2020-3-9.
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The article describes the essence of investment, which is a key factor in economic development, highlights the current state of investment attractiveness of Ukraine. Attracting long-term international investments, their promotion is one of the priorities of economic policy. In the economy of Ukraine, there is a problem of lack of investment resources and lack of favorable conditions for their accumulation, imperfect assessment of the internal potential of national savings, the capacity of financial institutions for investment transformation of resources, features of investment regulation in changing economic relations. The general principles of investment policy and the main components of investment attractiveness are proposed, thanks to which a stable inflow of investments into the country is ensured. The course of modern political processes, goals and priorities for improving the investment climate in Ukraine, which negatively affect the international investment attractiveness, has been established. The dynamics of foreign direct investment in Ukraine, their structure by type of economic activity and the distribution of direct investment by investor countries are presented and analyzed. It was revealed that in 2019 the Ukrainian economy received investments from Cyprus, the Netherlands, Switzerland, Germany, and promising industries for international investment are agriculture, industry, energy, wholesale and retail trade, information technology and infrastructure, financial corporations. and insurance activities. A number of indices are proposed that determine the investment attractiveness of countries, investment confidence. The rating of investment attractiveness of Doing business-2020 is substantiated, where Ukraine has improved its positions compared to last year.
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Anwar, Syed Tariq. "FDI Regimes, Investment Screening Process, and Institutional Frameworks: China versus Others in Global Business". Journal of World Trade 46, Issue 2 (1.04.2012): 213–48. http://dx.doi.org/10.54648/trad2012008.
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The main purpose of this paper is to investigate and analyse foreign direct investment (FDI) regimes and their screening processes, institutional frameworks, and business environments in world trade. China's FDI regime is specifically compared with that of the United States, Australia, Canada, and the United Kingdom. Other countries (France, Germany, Japan, Hong Kong, and Switzerland) were also included in the discussion to evaluate their regulatory and investment issues. By using interdisciplinary literature, secondary data, and research surveys and reports from multilateral institutions, the study investigates the changing profile of FDI regimes in world trade. The paper reveals that China's FDI regime has embraced significant changes to attract foreign investment. Currently, the Chinese market is open yet restricted in its own regulatory environment and institutional hurdles. Investment regimes in the United States, Australia, Canada, and the United Kingdom continue to change to attract foreign investment that is critical to their economies. We believe that more country- and industry-specific studies are needed to investigate FDI regimes and their institutional frameworks. In today's world trade, China is particularly an interesting case study since the country aggressively attracts foreign investment while keeping its hybrid economy. Policymakers, multinational corporations (MNCs), governments, and researchers need to pay attention to today's changing FDI regimes because of growth opportunities and MNC expansion. The study provides useful discussion and meaningful implications that can be used by policy analysts and practitioners worldwide.
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Tee, E., A. M. Boland i A. Medhurst. "Voluntary adoption of Environmental Management Systems in the Australian wine and grape industry depends on understanding stakeholder objectives and drivers". Australian Journal of Experimental Agriculture 47, nr 3 (2007): 273. http://dx.doi.org/10.1071/ea06024.
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In recent years, members of the Australian wine and grape industry have been encouraged to participate in a range of Environmental Management System (EMS)-type programs. These have been sponsored by a variety of stakeholders including government organisations, environmental non-government organisations, industry associations and large corporations. Collectively, these stakeholders have a diverse range of objectives they are seeking to address through the adoption of EMS by grape growers. These objectives range from natural resource management outcomes through to maintenance of market access and meeting investor expectations. However, these stakeholder objectives may not align to the individual needs of grape growers, nor to the drivers that may influence the adoption of an EMS by such individuals. To date, there has been variable success with voluntary adoption of EMS (or similar concepts) across viticulture regions throughout Australia. This paper seeks to clarify this variability based on an assessment of the needs and circumstances of various industry groups associated with EMS initiatives. A conceptual framework is proposed which categorises these particular needs according to different scales of influence (e.g. industry, region, business and individual). In addition, the drivers that operate at the individual grower level are further explored through a qualitative field study. This study has implications for the design and promotion of EMS programs for the wine and grape and other agricultural industries. It is clear that a ‘one size fits all’ approach will not meet the varying needs and objectives of all industry participants. Furthermore, grape growers may not perceive a need to change and, therefore, are yet to identify any benefits from voluntary adoption of an EMS. Alternative mechanisms such as market-based or regulatory instruments may need to be considered, dependent on the objectives that are sought.
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Allee, Todd, i Clint Peinhardt. "Evaluating Three Explanations for the Design of Bilateral Investment Treaties". World Politics 66, nr 1 (29.12.2013): 47–87. http://dx.doi.org/10.1017/s0043887113000324.
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Although many features of bilateral investment treaties (BITs) are consistent from one agreement to the next, a closer look reveals that the treaties exhibit considerable variation in terms of their enforcement provisions, which legal scholars have singled out as the central component of the treaties. An original data set is compiled that captures three important treaty-design differences: whether the parties consent in advance to international arbitration, whether they allow treaty obligations to be enforced before an institutionalized arbitration body, and how many arbitration options are specified for enforcement. Drawing upon several relevant literatures on international institutions, three potentially generalizable explanations for this important treaty variation are articulated and tested. The strongest support is found for the theoretical perspective that emphasizes the bargaining power and preferences of capital-exporting states, which use the treaties to codify strong, credible investor protections in all their treaties. Empirical tests consistently reveal that treaties contain strong enforcement provisions—in which the parties preconsent to multiple, often institutionalized arbitration options—when the capital-exporting treaty partner has considerable bargaining power and contains domestic actors that prefer such arrangements, such as large multinational corporations or right-wing governments. In contrast, there is no evidence to support the popular hands-tying explanation, which predicts that investment-seeking states with the most severe credibility problems, due to poor reputations or weak domestic institutions, will bind themselves to treaties with stronger investment protections. likewise, little support is found for explanations derived from the project on the rational design of international institutions, which discounts the identities and preferences of the treaty partners and instead emphasizes the structural conditions they jointly face. In sum, this foundational study of differences across investment treaties suggests that the design of treaties is driven by powerful states, which include elements in the treaties that serve their interests, regardless of the treaty partner or the current strategic setting.
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Tengiz Lachkepiani, Tengiz Lachkepiani, Maya Kiladze Maya Kiladze, Mtvarisa Tananashvili Mtvarisa Tananashvili i Maia Lomishvili Maia Lomishvili. "The Essence of "Green Bonds" and Issues of Effective Management in Georgia". Economics 104, nr 3-5 (22.06.2021): 51–59. http://dx.doi.org/10.36962/104/3-5/20210151.
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Green bonds can be considered as a model of economic development, that reduces environmental risks and ecological problems, promotes sustainable development, reduces the negative impact on the environment. In addition, it can be considered as a mechanism for the sustainable development and poverty eradication, and its result will also improve the human well-being and social equality. Like any new form of financing, including "green bonds", it is still in its infancy and can be evaluated after some time. We think this financing tool will be useful for financing environmental projects. In addition, the establishment of the new Green Bank (or fund) will facilitate the direct investment or risk mitigation tools, or both, for the climate-related projects. LEDS and NEEAP have independently submitted options for setting up a public organization with a special mandate about green funding. Investors, commercial banks and corporations operating in Georgia may benefit from such a national funding organization for climate change measures to protect their investments from risks. One of the priority directions of ecological relations for Georgia is the creation of normative acts, which enable the unification and harmonization of ecological legislation, including in the field of "green economy". The development of "ecological technologies" is also of great importance for the development of the "green economy". The "green economy" strategy should become a model of sustainable development in the long run. In Summary, Green bonds may have been a good response by governments to restore the pandemic-reduced economic activity. With the reduced liquidity, this could be a good opportunity to access capital and increase investor confidence in the private sector and to attract more investments. Keywords: Green bond, Financial market, Issuer, Finance, Green Bank.
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Ewart, Jacqui, i Kevin Tickle. "Reviewing the Readership: Profiles of Central Queensland Newspaper Readers". Media International Australia 102, nr 1 (luty 2002): 126–46. http://dx.doi.org/10.1177/1329878x0210200113.
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This paper sets out to explore the concept of readership through a quantitative examination of Central Queensland newspaper readers. Because most Australian media audience research is undertaken by market research companies on behalf of news media corporations, an independent study of readership is needed in order to reveal data which can be used in future studies of regional newspapers and readership. Such data may also be useful in enabling regional newspapers to begin a process of forming stronger connections with their readers and communities. This paper focuses on data collected about newspaper readers in Central Queensland. While discussing Central Queensland newspaper readers, their demographics and newspaper reading habits more generally, this paper establishes a series of mini-profiles of these newspaper readers and investigates the issues which readers would like to see covered more often or less frequently by the newspapers they use. It suggests that these profiles are important for researchers wanting to investigate media in Central Queensland, and that the profiles may provide interesting comparisons of points from which to undertake readership research in other regions of Australia. As well, this paper suggests that such information is essential if regional newspapers are to fulfil the important role they have in their communities and reflect the concerns of their publics. Finally, this paper argues that such data are essential in the process of improving relations between regional newspapers and their communities, and ensuring they adequately reflect their publics.
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Rovinskaya, T. "Greens in Europe: Incremental Growth". World Economy and International Relations 59, nr 12 (2015): 58–71. http://dx.doi.org/10.20542/0131-2227-2015-59-12-58-71.
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The article deals with the environmental ideology evolution and the Green Movement political development – from groups of activists and ecological non-governmental organizations to influential political parties, at both national and international level (mainly in the Western Europe). The overlook covers the period from early 1970s to present. The mass political Green Movement arose in early 1970s in the Western Europe, USA and Australia in response to vivid ecological threats and the inability of national and international authorities to offer effective solutions. From the very beginning, the Greens declared their commitment to the principles of environmental responsibility, global sustainable development, inclusive democracy, consideration for diversity, personal freedom, gender equality and non-violence. In the political field, the Greens meet two main challenges: formation of political agenda with regard to environmental issues; promotion of effective political decisions and economic mechanisms to protect the environment from an anthropogenic impact. Ecological NGOs, especially large international organizations (like Greenpeace) perform public protest actions against the transnational and state corporations’ economic activities violating the environment (f.e. Arctic oil extraction, radioactive waste storage, gene engineering in agriculture etc.). But beyond the active political lobbying and drawing of wide public support to acute environmental issues, NGOs are not able to involve into political process directly. Within 1970s–1980s (and also later on) ecological political parties were formed in most Western European countries, with a target to participate in official parliamentary elections at local, regional, national and supra-national level. Many of them succeeded and became influencing in their countries. Political methods used by the Greens are thoroughly analyzed in the paper. Special attention is paid to political strategy and tactics of the German ecological party Bündnis 90/Die Grünen, as well as to participation of the European Union Green parties in work of the European Parliament. German Greens count for the most successful ecological party not only in Europe, but also worldwide. Using flexible tactics of parliamentary coalitions, they managed to facilitate a general turn of the German policy toward ecologization (renunciation of the atomic energy development in Germany, conservation of energy and renewable energy sources programs, ecological taxes implementation, prohibition on gene engineering in agriculture etc.). Being a part of the governing coalition, the “Bündnis 90/Die Grünen” were also involved in many other sociopolitical and international issues. Since 1984, many European ecological parties are present in the European Parliament. In 2004, the European Green Party was created to consolidate electoral efforts of the Greens at the European level. Almost all EU ecological parties are also members of the international Global Greens organization. Owing to activities of the Green Movement as a whole, state authorities of many countries (primarily in the Western Europe) adopted environment friendly legislation and state programs. Despite short periods of reverse, the general development of Greens is progressive and prospective.
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Boschee, Pam. "Comments: The Stakes Grow Higher in Defining Green Energy". Journal of Petroleum Technology 74, nr 03 (1.03.2022): 8–9. http://dx.doi.org/10.2118/0322-0008-jpt.
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Not so long ago, defining green energy was generally straightforward: renewables. It may not have been quite that simple, but the development of agreed-upon definitions based on science has become much more complex and contentious, even within the past year. It’s not just a highbrow debate about semantics. The standardization of criteria or a widely accepted taxonomy is critical as the focus increases on not only greenwashing, but on the actual processes and technologies enabling what were thought of as at least “greener” energy. The hammering out of definitions is needed to keep the energy transition moving forward globally. This scrutiny affects the options for companies seeking alternatives in carbon markets where the price of permits for emitting a tonne of CO2 is escalating. In early February, the price of CO2 permits in the EU reached a record high above 96 Euros ($109)/tonne CO2. Reuters reported that the carbon price has risen more than 200% since the start of 2021, partly due to high natural gas prices and the switch made to coal by some power generators. This resulted in higher emissions and increased the demand for permits. In January, the EU Platform on Sustainable Finance, comprising members from utilities, banks, nongovernmental organizations, and corporations, rejected the EU Commission’s draft sustainable finance rules which proposed labeling nuclear power and natural gas as green transition fuels. Nuclear projects permitted until 2045 were to be classified as green, but only if countries can safely dispose of the radioactive waste. Gas was to be included until 2030 with emissions thresholds specified. The EU Platform concluded that even if a gas plant stays under the emissions threshold, it “is not green at any point in its life.” Nuclear energy was acknowledged as already being part of the transitioning energy system and having near to zero greenhouse-gas emissions, but it would not meet the taxonomy’s requirement to “do not significant harm” to the environment because of the toxic waste that cannot be recycled or reused. The EU Commission’s taxonomy will be sent to the European Parliament and Council for review. Blue hydrogen was questioned as a transition fuel by a peer-reviewed study published in August 2021 in Energy Science & Engineering by coauthors from Cornell and Stanford universities. They wrote, “Far from being low-carbon, greenhouse-gas emissions from the production of blue hydrogen are quite high, particularly due to the release of fugitive methane. … Perhaps surprisingly, the greenhouse-gas footprint of blue hydrogen is more than 20% greater than burning natural gas or coal for heat and some 60% greater than burning diesel oil for heat, again with our default assumptions.” They added, “Our analysis assumes that captured carbon dioxide can be stored indefinitely, an optimistic and unproven assumption. Even if true though, the use of blue hydrogen appears difficult to justify on climate grounds.” In a study published last month in the Proceedings of the National Academy of Sciences, researchers at the University of Wisconsin-Madison combined econometric analyses, land use observations, and biophysical models to estimate the realized effects of the US Environmental Protection Agency’s Renewable Fuel Standard (RFS) mandate to partially replace petroleum-based fuels with biofuels. They found that the RFS increased corn prices by 30% and the prices of other crops by 20%, which, in turn, expanded US corn cultivation by 8.7% and total cropland by 2.4% in the years following the policy’s enactment (2008 to 2016). “These changes increased annual nationwide fertilizer use by 3 to 8%, increased water-quality degradants by 3 to 5%, and caused enough domestic land use change emissions such that the carbon intensity of corn ethanol produced under the RFS is no less than gasoline and likely at least 24% higher. These tradeoffs must be weighed alongside the benefits of biofuels as decision makers consider the future of renewable energy policies and the potential for fuels like corn ethanol to meet climate mitigation goals.” The move toward energy transition has been pivotal for our industry and many others. It could be argued that no country, business, or individual will remain unaffected by the changes in progress and yet to come. “Transition” is defined as “the process or a period of changing from one state or condition to another.” And this process will take time, effort, technology, buy-in, scientific study and verification … and consensus, which may be the most challenging piece of all. A significant announcement demonstrating the application and acceptance of a scientific taxonomy was Santos Ltd.’s recent booking of 100 million metric tons of CO2 storage capacity in the Cooper Basin in South Australia. The company believes it represents the industry’s first-ever booking to be made under SPE’s CO2 Storage Resource Management System.
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Chang, Millicent, Marvin Wee, Iain Watson i Gino D'Anna. "Do Investor Relations Affect Information Asymmetry? Evidence from Australia". SSRN Electronic Journal, 2006. http://dx.doi.org/10.2139/ssrn.947191.
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Nuseir, Mohammed, i Amer Qasim. "Investor relations in the era of social media: systematic literature review of social media as a strategic corporate disclosure tool". Journal of Financial Reporting and Accounting ahead-of-print, ahead-of-print (12.05.2021). http://dx.doi.org/10.1108/jfra-06-2020-0160.
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Purpose This paper aims to systematically review how corporations are increasingly using social media to strategically disseminate information to investors, including different research tracks, then identify the gaps to propose future research opportunities. Design/methodology/approach The authors searched for relevant scholarly work on Scopus and Google Scholar databases published during the period 2000–2020 in English. Both quantitative and qualitative papers were reviewed. Articles were filtered based on their relevance to the study's goal, resulting in the selection of 84 articles. A total of 16 articles were selected for inclusion in the systematic review. Findings In light of the existing studies’ limitations, this paper derives and summarizes 16 leading future research tracks. Results indicated that corporations could use social media to reduce information asymmetry between managers and investors. Nevertheless, social media for information disclosure purposes is used in a strategic way, whereby only positive news and voluntary information are disseminated. Research limitations/implications The implications for investors are that they can make better decisions by engaging in the process of “the wisdom of crowd,” which is facilitated by reciprocal communication. The implications for corporations are that sharing earning information through social networking platforms presents them with an opportunity to effectively manage their investors by reducing negative perceptions and increasing market response. Originality/value As far as we know, this is the first paper that uses a systematic literature review over the social media research field.
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Patmore, Greg, Nikola Balnave i Olivera Marjanovic. "Resistance Is Not Futile: Co-operatives, Demutualization, Agriculture, and Neoliberalism in Australia". Business and Politics, 22.07.2021, 1–19. http://dx.doi.org/10.1017/bap.2021.10.
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Abstract Recognition of co-operatives as a legitimate business model and form of economic participation was significantly challenged by the rise of neo-liberalism in the 1980s with its emphasis on individuals and markets. This fueled an externally and internally driven push to demutualize co-operatives and convert them into Investor Owned Businesses (IOB). While the international trend to demutualize emerged from the end of the Second World War, evidence indicates it accelerated from the late 1980s until the onset of the Global Financial Crisis. Drawing on an ongoing project of historical data collection and visual analysis of Australian co-operatives, this paper explores the Australian experience with demutualization, particularly with regard to agriculture. In line with the international experience, there has been a surge in Australian demutualization since the 1980s. However, while demutualization continues to be a feature of the Australian landscape post-GFC as co-operatives tackle with the changed political and economic environment, the paper also challenges the view that demutualization is inevitable for agricultural co-operatives. Co-operative managers can make strategic choices to avoid demutualization and retain member control. Further, co-operative culture and the persistence of co-operative clusters in particular regions can blunt the push to demutualize.
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LIN, SCOTT Y. "China’s Food Security Governance from a Hydraulic Society to a Corporate Food Regime and COVID-19". Issues & Studies, 2.11.2022. http://dx.doi.org/10.1142/s1013251122500047.
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Although the main purpose of food security governance in China is to increase grain yield, the traditional and contemporary methods employed to achieve food security governance differ in polemic terms. The traditional method relies on organizations such as peasant collectives to properly manage water and other natural resources on farmlands. The food security governance of traditional China can best be described as a “hydraulic society”. Shifting from a pre-capitalist to a capitalist model, the contemporary method is centered on several large-scale agricultural and food (A&F) corporations and involves the capitalization of grain production resources, genetic modifications of grain seedlings through science and technology, and intensive scales of grain production. A “corporate food regime” is, therefore, what best defines the governance mechanisms of food security in contemporary China. This paper aims to examine how the governance of food security has been reshaped by this emerging corporate food regime. Findings indicate that China’s food security governance has transformed into a corporate food regime to increase grain yield. In this regime, the Chinese government supports the establishment of a few large-scale A&F corporations, allowing them to have an oligopoly over the domestic grain market. Internationally, China has become a major investor through its transnational agricultural land grabbing. The formation of this new food security governance has not only affected the traditional Chinese culture of peasant collectives, but also challenged the global A&F market system. However, COVID-19 and the promulgation of the Biosecurity Law are likely to alter the development of China’s A&F corporations and its food security governance.
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Sharmin, Tanjina, i Emmanuel Laryea. "Australian COVID-19 measures and its international investment obligations". Journal of International Trade Law and Policy, 11.04.2022. http://dx.doi.org/10.1108/jitlp-10-2021-0055.
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Purpose This paper aims to examine the prospect for international investment disputes in the aftermath of the COVID-19 pandemic due to measures implemented by the Australian government to tackle the pandemic. Design/methodology/approach Doctrinal research. Contains qualitative analysis. Findings This paper finds that claims based on the protections in the International Investment Agreements (IIAs) signed by Australia are unlikely to succeed and that Australia’s COVID-19 measures can be justified as necessary measures under the general and security exception clauses included in more recent IIAs and under customary international law. Originality/value In the context of the COVID-19 pandemic, scholars have written papers apprehending possible claims by international investors against emergency measures adopted by host countries to face the pandemic which might also have damaged the interest of the foreign investors. The existing literature is too vague and general. To the best of the authors’ knowledge, this is the first paper that draws some specific conclusions in this regard applicable to the COVID-19 regulatory measures taken by Australia. While the existing literature projects the possibility of such investor claims, this paper argues that at least no such claim would succeed against the COVID-19 measures taken by Australia.
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Calvert, Julia, i Kyla Tienhaara. "Beyond ‘Once BITten, Twice Shy’: defending the legitimacy of investor-state dispute settlement in Peru and Australia". Review of International Political Economy, 19.10.2022, 1–25. http://dx.doi.org/10.1080/09692290.2022.2134172.
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"Evaluation of Merchant Banking and Financial Services using VIKOR Method". Trends in Banking, Accounting and Business 1, nr 2 (1.12.2022): 59–64. http://dx.doi.org/10.46632/tbab/1/2/2.
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Commercial banking is a professional service offered by commercial banks to customers for adequate consideration to make payments for their financial needs. Commercial banks are banks that raise funds, provide financial advice and lend to large corporations. These banks are experts in international trade and are experts in dealing with large companies and industries. Commercial banking provides finance to multinational businesses and large commercial enterprises in the country, which helps in boosting the economic strength of the country. Commercial banks do not provide services to the general public; Their services are limited to commercial companies and large business enterprises. A merchant banker fa-cilitates the subscription of securities. A commercial banker plays an important role and undertakes many responsibilities such as private placement of securities, management of public issue of securities, stock broking, and international financial advisory services. A commercial bank is a type of financial institution that offers underwriting, credit services, financial advice services, and fundraising to high-net-worth individuals and large corporations (HWNIs). Commercial banks are transnational organizations with a focus on global trade and service delivery. The VIKOR (VIšekriterijumsko Kompro-misno Rangiranje) Optimal replacement Select method is used in Australia/New Zealand, Continental, Europe, UK, Japan, Singapore, United States. Alternative: Australia/New Zealand, Continental, Europe, UK, Japan, Singapore, United States. Evaluation parameters of Area of manufacturing: Number of Partners, Number of Partners Bank Years, Share of joint venture banks assets, Average ownership per partner. Results: Australiar/New Zealand is got the first rank whereas is the Singapore is having the Lowest rank.