ERN: Institutions in Markets (Topic)最新文献_第2页

Passive and Unequal: The Karlsruhe Vision for the Eurozone 被动与不平等:卡尔斯鲁厄对欧元区的展望

ERN: Institutions in Markets (Topic) Pub Date : 2020-05-27 DOI: 10.2139/ssrn.3617771

Evangelos Venizelos

{"title":"Passive and Unequal: The Karlsruhe Vision for the Eurozone","authors":"Evangelos Venizelos","doi":"10.2139/ssrn.3617771","DOIUrl":"https://doi.org/10.2139/ssrn.3617771","url":null,"abstract":"BVerfG's decision on the ECB's Quantitative Easing Program (PSPP) raises two fundamental constitutional theory questions: 1) Should a case of severe excess of EU competences (ultra vires) be unilaterally reviewed by any Member State and even by its respective courts or should there be an activation of the mechanism that is provided for in multilateral international conventions under International Law, in order to ensure the sovereignty and institutional equality of all Member States? 2) Did the CJEU, by exercising marginal judicial control over the ECB's decisions on the PSPP, actually violate a constitutional tradition common to the Member States, that of exercising intensive judicial control over the actions of independent central banks or there is, on the contrary, a common tradition for judicial self-restraint on complex technical matters such as financial engineering? However, the decision raises equally serious issues in terms of the interpretation of the TEU and the TFEU. Insisting on a strict distinction between economic and monetary policy, the BVerfG essentially says “no” to the PSPP – despite it not being monetary financing- because it forms a virtual secondary bond market, a market that is actually primary. Asking the Federal Government and the Federal Parliament to impose on the ECB the obligation to further justify its choices within a three-month transitional period and for the Bundesbank to prepare an exit plan from the PSPP, the BVerfG sends a financial message that it wants a Eurozone that is economically passive and internally unequal. In fact, it sends this message as the economic crisis due to the COVID-19 pandemic unfolds and the EU necessarily takes innovative and generous measures to support Member States. ","PeriodicalId":245985,"journal":{"name":"ERN: Institutions in Markets (Topic)","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116830727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

MiFID II and Inducements: A Copernican Revolution in the Investment Services Ecosystem? Speculative Thoughts on the Inducements Regime After Two Years From MiFID II Introduction in the Light of the Recent ESMA Technical Advice MiFID II和诱因:投资服务生态系统中的哥白尼式革命?根据最近的ESMA技术建议，对MiFID II引入两年后的激励制度的思探性思考

ERN: Institutions in Markets (Topic) Pub Date : 2020-04-24 DOI: 10.2139/ssrn.3584710

Andrea Vianelli, Francesca Valenti

引用次数: 0

Does FDI Caused Profit Repatriation: Exploring the Moderating Role of Governance Institutions FDI是否导致利润回流:治理制度的调节作用探讨

ERN: Institutions in Markets (Topic) Pub Date : 2020-04-17 DOI: 10.2139/ssrn.3681259

G. Faheem, D. Siddiqui

引用次数: 0

Takaful in Malaysia: Emergence, Growth, and Prospects 马来西亚的回教考试:出现、增长和前景

ERN: Institutions in Markets (Topic) Pub Date : 2020-04-04 DOI: 10.4018/978-1-7998-0218-1.ch035

Monther Eldaia, Mustafa Hanefah, Ainulashikin Binti Marzuki, S. Shatnawi

引用次数: 10

The United States and the International Law of Global Security 美国与全球安全国际法

ERN: Institutions in Markets (Topic) Pub Date : 2020-03-01 DOI: 10.17169/REFUBIUM-27235

M. Jorgensen

{"title":"The United States and the International Law of Global Security","authors":"M. Jorgensen","doi":"10.17169/REFUBIUM-27235","DOIUrl":"https://doi.org/10.17169/REFUBIUM-27235","url":null,"abstract":"For the United States the ‘international law of global security’ is, in a unique sense, synonymous with the entire project of constructing global legal order. Uniquely preponderant power enjoyed since the end of the Second World War has allowed US preferences to manifest not merely in specific rules and regimes, but in purposive development of the entire structure of global legal order to favour American security interests. Perceptions of a recent decline in this order now find expression in advocacy for a ‘liberal’ or ‘rules-based’ international order, as the claimed foundation for global prosperity and security. This working paper seeks to map out the parameters of US contributions to the global security order by uncovering the strategic and political foundations of its engagement with the international law of global security. The paper begins by reflecting on competing US conceptions of the relationship between national security and global order as they evolved across the twentieth century. The focus then turns to three significant trends defining the contemporary field. First are US attitudes toward multilateral institutions and global security, and the ongoing contest between beliefs that they are mutually reinforcing versus beliefs that US security and global institutions sit in zero-sum opposition. Second is the impact of the generational ‘War on Terror’, which has yielded more permissive interpretation and development of laws governing the global use of violence. The final trend is that towards competitive geopolitical interests restructuring international law, which are evident across diverse areas ranging from global economics, to cybersecurity, to the fragmentation of global order into spheres of influence. Looking ahead, a confluence of rising geopolitical competitors with divergent legal conceptions, and conflicted domestic support for the legitimacy and desirability of US global leadership, emerge as leading forces already reshaping the global security order.","PeriodicalId":245985,"journal":{"name":"ERN: Institutions in Markets (Topic)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126785737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The UAE and Responsible Finance – Can Responsible Finance Ṣukūk Help the UAE in Fulfilling Its Sustainability Ambitions? 阿联酋与负责任的金融——负责任的金融Ṣukūk能帮助阿联酋实现其可持续发展目标吗?

ERN: Institutions in Markets (Topic) Pub Date : 2020-03-01 DOI: 10.1163/15730255-bja10013

Edana Richardson

引用次数: 4

Good Faith Principles in Islamic Contract Law: A Comparative Study with Western Contract Law 伊斯兰合同法中的诚信原则:与西方合同法的比较研究

ERN: Institutions in Markets (Topic) Pub Date : 2019-12-29 DOI: 10.16980/jitc.15.6.201912.143

M. Khan, Junghan Bae, Seok-Beom Choi, N. Han

{"title":"Good Faith Principles in Islamic Contract Law: A Comparative Study with Western Contract Law","authors":"M. Khan, Junghan Bae, Seok-Beom Choi, N. Han","doi":"10.16980/jitc.15.6.201912.143","DOIUrl":"https://doi.org/10.16980/jitc.15.6.201912.143","url":null,"abstract":"Purpose - Every country needs smooth, reliable, and efficient business growth, both domestically and internationally. Nevertheless, every country differs in terms of its legal, political, cultural, and religious environments and backgrounds, and therefore possesses specific rules and regulations for launching international business. In this context, this research presents a comparative analysis of the good faith principle of Islamic contract law with existing civil and common law. Design/methodology/approach - Descriptive and analytical research methodology was adopted in this study in which relevant materials (verses) have been collected from the Holy Quran, Islamic books, different research papers, and web sites. Findings - This analysis reveals that the good faith principle of Islamic contract law is more business friendly, comprehensive, simple, and realistic, based on honesty and fairness in a business transaction. The good faith principle of Islamic contract law covers all stages of a contract. Research implications or Originality - The good faith principle comprises the prescribed laws, religious, and cultural-backed obligations, as well as trust and fair dealing. Therefore, the good faith principles of different regions, countries, cultures, and religions need to be investigated in order to increase the efficiency of international business. This study could provide a lesson for many lawmakers.","PeriodicalId":245985,"journal":{"name":"ERN: Institutions in Markets (Topic)","volume":"176 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114752122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Aid Targeting in Post Conflict Nepal 冲突后尼泊尔的援助目标

ERN: Institutions in Markets (Topic) Pub Date : 2019-12-02 DOI: 10.2139/ssrn.3575828

M. Binetti, M. Steinwand

引用次数: 0

Evaluation of Food Safety and Quality Regulations in Nigeria 尼日利亚食品安全和质量法规评价

ERN: Institutions in Markets (Topic) Pub Date : 2019-12-01 DOI: 10.7176/jlpg/92-15

Dr. Festus Ukwueze

引用次数: 6

Globalization, Lawyers, and Emerging Economies: The Rise, Transformation, and Significance of the New Corporate Legal Ecosystem in India, Brazil, and China 全球化、律师与新兴经济体:印度、巴西和中国新公司法生态系统的兴起、转型及其意义

ERN: Institutions in Markets (Topic) Pub Date : 2019-09-14 DOI: 10.2139/ssrn.3453908

D. Wilkins, David M. Trubek, B. Fong

{"title":"Globalization, Lawyers, and Emerging Economies: The Rise, Transformation, and Significance of the New Corporate Legal Ecosystem in India, Brazil, and China","authors":"D. Wilkins, David M. Trubek, B. Fong","doi":"10.2139/ssrn.3453908","DOIUrl":"https://doi.org/10.2139/ssrn.3453908","url":null,"abstract":"Beginning in the 1990s, India, Brazil, and China have each developed a distinct corporate legal \"ecosystem,\" comprised of new (or newly repurposed) domestic \"corporate\" law firms, foreign law firms competing (on the ground or virtually) to serve both foreign and domestic clients, general counsel offices of both domestic and multinational companies, and law schools either designed or retooled to supply lawyers qualified to practice corporate law. In this Article, we utilize data from an unprecedented set of empirical studies to document the rise of this new corporate ecosystem in these three important emerging economies, and to develop grounded theory about the forces that have produced this transformation, and that help to explain differences among the three jurisdictions. Specifically, we argue that differences in what we call the \"micro-level gearing\" in the relative importance of the three key elements in the corporate legal ecosystems that have developed in India, Brazil, and China – law firms, clients, and legal education – can be explained, in part, by differences in what we will call the \"macro-level gearing\" in the relative power of the state, the market, and the bar – both between all three countries and the United States, and among the three jurisdictions. This difference has been most pronounced in China, where the dominance of the \"state gear\" in shaping the corporate legal market contrasts sharply with both the U.S. \"market\" driven model, and the influence of the \"bar\" in shaping the micro-level corporate ecosystems in India and Brazil. We conclude by offering some tentative thoughts about the implications of our findings for a rapidly globalizing corporate legal services market in which a growing number of states are beginning to exert greater control at the macro-level.","PeriodicalId":245985,"journal":{"name":"ERN: Institutions in Markets (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126618161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5