共查询到20条相似文献，搜索用时 15 毫秒
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The attack on national regulation: why we need a global framework for domestic regulation (see p. 6)
| Edward F. Greene and Omer S. Oztan In regulating cross-border capital markets transactions, regulatorsare employing either an exemptive approach, or a unilateralor mutual recognition approach. In regulating cross-border transactions,the SEC has traditionally relied on the exemptive approach,and has restricted participation to only the largest, most sophisticatedUS investors. Recently, it has moved to a mutual recognitionapproach with its agreement with Australia, which allows a broaderrange of US investors to conduct cross-border transactions withAustralian exchanges and broker-dealers relying almost entirelyon the adequacy of the Australian regulatory system. However,both its exemptive approach and mutual recognition approachdeal only with secondary market transactions, not participationin offerings. While the SEC's proposed amendments to Rule 15a-6, togetherwith its mutual 相似文献
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How to compare regulatory regimes (see p. 332)
| Philip R. Wood This article examines the criteria which might usefully be usedto distinguish between the regulatory law of the various jurisdictionsof which there are about 320 in the world, representing about193 sovereign states. There is considerable divergence in otherareas in financial law, basically resulting from divergencesin insolvency law which is the root of financial law. Examplesare the varying attitudes to security interests, insolvencyset-off and the use of the trust in the financial sphere, suchas book entry settlement systems and custodianship of investments.In relation to regulatory law, however, there is consideredto be substantial harmony and convergence of the underlyingconcepts, such as fiduciary duties and the responsibility foroffering circulars. The main differences relate to such mattersas 相似文献
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The public responsibility of structured finance lawyers (see p. 6)
| Steven L. Schwarcz Structured finance lawyers increasingly are being scrutinizedwhen companies fail, but there is confusion as to the standardsby which they should be judged. Society benefits where such lawyers are permitted to help facilitatematters in which neither the lawyer's actions nor the underlyingtransaction is, at the time, illegal as a matter of positivelaw. In these matters, the company's managers, not its structuredfinance counsel, should be responsible for ensuring that thecompany's investors are benefited, not harmed. This article focuses on the public responsibility of lawyerswho represent originators of structured finance transactions.It looks critically at the traditional view of such responsibilityand considers what it should be.
Self-referenced credit derivatives – are they enforceable under English law? (see p. 21)
| Simon Firth Credit derivatives 相似文献
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A transactional approach to the Hague Securities Convention (see p. 109)
| Carl S. Bjerre and Sandra M. Rocks Transactions involving intermediated securities—i.e. securitiesthat are held in an account with a broker, bank, clearing agencyor other intermediary—demand a high degree of ex antelegal certainty. However, for intermediated securities accountsand transactions that reach across borders as is increasinglyprevalent, the traditional conflicts of law rules for many ofthe most important commercial law issues fail to provide thiscertainty. The Hague Securities Convention provides a modernand practical approach for determining the applicable law. 相似文献
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Islamic capital markets: developments and issues (see p. 136)
| Michael J.T. McMillen As modern Islamic finance moves through the second decade ofthe period of "transformation and innovation", we are witnessingthe first stages of realization of the long-articulated admonitionto develop capital markets, including secondary markets, forsecurities and investments that are compliant with the principlesand precepts of Islamic shari’ah (the " Shari'ah"). Thepurpose of this paper is to examine some of the primary factorsinfluencing, either as inducements or inhibitors, the developmentand growth of these Islamic capital markets. The article examines a range of factors that affect risk assessmentby transactional participants, particularly those pertainingto 相似文献
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Resolving regulatory conflicts between the capital markets of the United States and Europe (see p. 5)
| Edward F. Greene Despite the global nature of today's capital markets, regulatoryconflicts still impede cross-border activity between the largestcapital markets in the world—the US and the EU. Now isan opportune time for the US and the EU to work towards moreintegrated transatlantic capital markets. In order to achievethis integration, efforts should be directed at resolving conflictsthrough mutual recognition as opposed to harmonization whereverpossible. This article begins by reviewing the existing differences inapproach to capital markets regulation 相似文献
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Deregistration issues in the US for foreign private issuers (see p. 115)
| Edward F Greene and Robert Underhill While the passage of Sarbanes–Oxley in the US is justone of many reasons affecting the lack of competitiveness ofthe US capital markets recently, it served to focus the attentionof foreign private issuers in the US on the difficulty and sometimesimpossibility of exiting the US capital markets after entry. Unlike many other jurisdictions, the process of deregisteringin the US is distinct from the process of delisting. The existingrules for deregistration of foreign private issuers focus onthe number of 相似文献
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Legal clarity and regulatory discretion—exploring the law and economics of insider trading in derivatives markets (see p. 245)
| Dr Sharon Brown-Hruska and Robert S. Zwirb Unspecified boundaries in the commodities, derivatives and securitieslaw have not only increased the discretion of individual regulatoryauthorities, but have also resulted in expanded and often overlappingassertions of jurisdiction by the Securities and Exchange Commission(SEC), the Commodity Futures Trading Commission, the FederalEnergy Regulatory Commission and other authorities. The SEChas recently sought to expand its jurisdiction into the derivativesmarkets to seek registration 相似文献
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货主未保价固然要承担一定责任,但快递公司是否无需担责?快递行业丢货索赔之难正不断拷问《邮政法》第47条的缺陷:最高赔偿额不超过所收取资费的三倍找宅急送运送价值21万元的珠宝首饰,货物寄到北京之后在收货人不知情的情况下,被宅急送的一位营业厅经理签收,当收货人去提货时却被告知货物丢失。而对于此事,宅急送表示,仅能提供162元的赔偿。这是前不久,在北京经营珠宝生意的王萍女士的亲身经历。王萍认为,宅急送由于工作失误将如此贵重的货物丢失,理应承担赔偿责任。 相似文献
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快递行业的迅速发展导致纠纷的急剧增加,在诸多纠纷中,快递业往往以行业习惯作为免除自身责任的理由。针对消费者反映强烈的一些问题,以习惯为理由显然不能为快递业开脱。通过考察习惯的形成与发展路径,发现快递行业的习惯需要秉持理性的发展道路,而合理习惯的形成与发展离不开行业自律与法律规制。 相似文献
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表达权作为依法保障的公民权利,同构建社会主义和谐社会有着密切的内在关联。表达权作为缓和社会矛盾和冲突的有效手段,为社会和谐提供必要资源,作为实施民主科学决策的要件,为社会和谐提供重要机制。 相似文献
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互联网时代的信息共享使"足不出户可知天下"成为可能,而网络零售和快递服务的迅猛发展更让现代人享受到了足不出户可拥天下的便利,但伴随而来的快递纠纷也层出不穷,其中"快递不快"久居投诉榜首的地位。面对现有救济手段不足且赔偿金额微薄的窘境,如何才能既保护消费者的合法权益,同时又让快递行业持续发展,已成为我们亟待解决的问题。分析现行快递延误纠纷救济方法,并改进快递延误救济机制,不失为预防、减少和化解这类纠纷之良策。 相似文献
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快递业务对推动社会经济发展和提高人民生活质量,都有着很大的积极作用,然而,由于发展时间较为短暂,快递企业的服务水平参差不齐,部分企业运行过程中存在着一些问题,危害着社会秩序和人民生活。我国邮政监管部门针对这些问题,采取了很多监管手段,然而这些手段不足以应对日益出现的新状况,应利用和创新监管方式,使快递行业快速、健康发展,提高快递服务水平。 相似文献
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Current intelligence
| The Italian torpedo is dead: long live the Italian torpedo.A recently published decision of the Milan Court of First Instancenot only confirms that a cross-border claim for a declarationof non-infringement of a European patent is unlikely to succeedbefore an Italian court unless it is brought against an Italiandomiciled party, but also shows that the longstanding traditionof Italian torpedoes is not yet defunct, contrary to predictionsafter a landmark decision of the Italian Supreme Court in 2003.( p. 6) Wilfulness redefined: In re Seagate. In In re Seagate Tech.LLC, the US Court of Appeals for the Federal Circuit redefinedwilfulness relating to patent infringement, altered how wilfulnesswill be litigated, 相似文献
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Current intelligence
| Patents Irish ‘Lipitor’ litigation: High Court favours broadclaim construction. In its first significant judgment on claimconstruction in over 25 years, Ireland's High Court approvedthe principles laid down by the English House of Lords in Kirin-Amgen,holding that Warner-Lambert's ‘Lipitor’ patent isnot limited to a racemic mixture and refusing Ranbaxy a declarationof non-infringement. Trade marks Cancellation of a trade mark based on a prior foreign geographicalindication related to different products. The registration andthe use of a composite trade mark including a famous geographicalindication (GI), for products different to those covered bythe GI, are acts of unfair competition insofar as they allowthe trade mark owner to free-ride on the 相似文献
20.
公路快速客运安全保障系统是快速客运安全运行的关键。本文从系统分析的角度阐明了它的发展阶段性、不可靠性、脆弱性、不对称性和风险效应性,从交通组成的四要素,即人、车、路和环境入手,分析了公路快速客运安全保障系统的基本框架,建立了它的安全评估体系。最后从实际出发,提出了它运行所需要的技术和社会政策支持体系。 相似文献
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