国际私法功能演进之研究

以国际民商事关系作为调整对象的国际私法的传统功能是法律选择,实现这种功能的载体是冲突法制度。随着国际民商事关系的蓬勃发展和国际私法呈现出的统一化趋势,加之冲突法制度的固有缺陷,使得国际私法的功能必然要逐渐演进为法律协调。与法律协调功能相适应,国际私法的范围除了包括冲突法外,还应涵纳国际统一实体法,两类规范相辅相成,互为补充,共同完成对国际民商事关系的调整。     

WTO与中国经济法的发展

经济法是处理公法与私法、政府与市场关系 ,协调二者之间关系的一种法律。在我国的市场化改革和即将加入WTO之际 ,这种关系的妥善处理具有十分重要的意义。它直接关系到我国改革能否顺利进行 ,社会主义市场经济秩序能否合理地建立起来。     

论土地经营权行使中的“承包方同意”规则

《农村土地承包法》第43条、第46条和第47条分别规定了“投资改良土壤”“再流转”和“融资担保”情形下土地经营权人须征得土地承包经营权人同意的“承包方同意”规则。法理逻辑上,“承包方同意”规则乃是平衡与协调农地保障功能与市场功能冲突的法技术,亦是土地承包经营权“管理权能”的行使方式之一。规范属性上,其既非效力性强制性规范,违之亦不构成无权处分,而属于私权限制性规范,目的在于不同私权利益关系对抗和竞争下对土地承包经营权人权益的优先保护。司法适用上,应区分投资改良行为与再流转两类不同情形,对于违反“承包方同意”规则的行为,承包方可通过自主意志选择有利于自己的后果或在对抗力层面获得优先保护。     

Harnessing Market Competition in PPP Procurement: The Importance of Periodically Taking a Strategic View

Public‐Private Partnerships (PPP) procurement is routinely portrayed as offering greater scope for harnessing competitive market forces to secure Value for Money (VfM) than traditional procurement approaches ( OECD 2008 ). The aim of this article is (a) to demonstrate the importance of periodically taking a more systematic and strategic view when assessing VfM in PPP procurement ( OGC 2003 ), and (b) to develop an analytical framework for such an analysis. Road infrastructure procurement in South East Queensland is used as a case study to test the usefulness of the proposed framework, and to show how a narrow focus on individual contracts increases the risk of overlooking overdependence on one supplier ( OGC 2003 ). Discussion focuses on the need to combine detailed analysis of individual contracts with longitudinal analyses of market competitiveness when assessing best VfM.     

The Privatisation of Prisoner Transfer Services in Western Australia. What Can we Learn from the Ward Case?

In 2008, Aboriginal elder Mr Ward died of heat stroke while being transported in the back of a prison van operated by private security company GSL (now G4S). This article will address the role accountability mechanisms can play in improving correctional and custodial services and whether existing oversight frameworks can provide a proper supervision and quality control of private security operators. It will focus on the key reports issued by Western Australia's Inspector of Custodial Services, the independent office to oversee the prisoner transfer system. Another central source of information will be an examination of the report and recommendations handed down by the Western Australian Coroner Alastair Hope in June 2009. The Hope Report details the numerous failings of the system which led to the Ward tragedy. Both GSL and the Western Australian state government had breached a duty of care to Mr Ward. Further, it remains highly problematical having a range of oversight bodies if elected government is able to simply ignore the subsequent advice. Parliament must therefore remain a central part of the system of political accountability.     

Public–private partnerships and developing‐country agriculture: Evidence from the international agricultural research system

This study examines the role of public–private partnerships (PPPs) in promoting pro‐poor productivity‐enhancing technological innovation in the international agricultural research system. The study examines the extent to which PPPs are being used to overcome market and institutional failures that otherwise inhibit the development and dissemination of technologies targeted specifically to small‐scale, resource‐poor farmers in developing countries. Drawing on a survey of 75 PPP projects in the international system, findings suggest that while PPPs are changing the way the system manages its research agenda, few partnerships lead to joint innovation processes with the private sector. This indicates the need for closer examination of organizational practices, cultures, and incentives in the international agricultural research system. Copyright © 2010 John Wiley & Sons, Ltd.     

IAS/IFRS and insurance： A gradual shifting from insurance to finance

Financial year 2005 marks the gradual introduction of the international accounting standard （IAS） as part of a broad project promoted by the EU to achieve consistency and comparability and, consequently, greater transparency in corporate accounts, with benefits for the users and institutions who make use of, or exercise control over them. The present paper will not address all the related complex profiles （e.g., actuarial methodologies, financial evaluation models, cash-flows scenarios generation techniques）. Actual aim is to bring evidence for the gradual shifting of perspective promoted by the financial community as far as the insurance companies are concerned： Once considered as unknown ＂black-boxes＂ because of their peculiarities, western countries＇ most authoritative agencies and largest private investors felt for a long time uneasy to manage insurance companies＇ disclosures. More recently, since the industry has been absorbed in the world-wide trend toward global conglomerate encompassing banking, finance and insurance, western regulators have undertaken a sound effort to move insurance disclosures from a technical to a financial view, boosting a dramatic homologation to other financial institutions （Cesarini ＆ Varaldo, 1992; Forestieri ＆ Moro, 1993; Locatelli, et al., 1999）. The trade-off, the authors intend to show, is now between more transparent outlook and an insider＇s knowledge of an industry whose peculiarities are inescapable.     

A model for adoption of mobile banking services using classification and regression trees

The analysis and improvements of bank performance is a challenging issue for bank managers. Among various banking services, mobile banking is one of the most risky fields that is prone to customer resistance. Mobile banking is a form of banking transaction carried out via a mobile phone. Mobile banking allows bank customers to check their account balances and perform credit card transaction, as well as provide information on the latest transaction made by customers. This paper summarizes experiences and results of productively using knowledge discovery and data mining techniques in a large detail bank data. Data mining is the process of extracting patterns from data. We review prior literature on mobile payments, analyze the various factors that impact mobile payment services markets, and suggest directions for future research in this risk management field. Our research work demonstrates the effectiveness and efficiency of data mining in analysis of retailing bank performance. We use classification and regression tree learning algorithm for proposing a customer adoption model of mobile banking according to some personal characteristics of customers.     

Stakeholder engagement for value-based banking: The case of Malaysian Islamic banks

This study explores the practices of stakeholder engagement (SE) in Malaysian Islamic banks. In 2017, Bank Negara Malaysia (BNM) introduced the Value-Based Intermediation (VBI) framework, with the aim of promoting a more sustainable and responsible banking system in the country. Among others, the VBI framework requires Islamic banks to adopt a stakeholder-driven approach to their business operations, which involves understanding and responding to the needs and expectations of their stakeholders. Within this context, we apply a content analysis of the annual and sustainability reports of all stand-alone Islamic banks in Malaysia to document the changes in the banks' quality of SE after the introduction of the VBI. The content analysis is guided by a new index that we construct, termed as the Stakeholder Engagement Quality Index (SEQI), which covers four dimensions of SE process: the purpose, stakeholder mapping, scope and approach to the engagement. Our results indicate that the SE quality significantly increases overall and for the third (i.e., scope of SE) and fourth (i.e., SE approach) dimensions subsequent to the VBI. Additionally, in terms of bank types, we find that the SEQI score is higher for commercial Islamic banks than development Islamic banks in the post-VBI period. Despite such improvements, our study alerts policymakers that there are areas that need further attention. Among others, these include integrating SE into the banks' internal managerial functions and encouraging active stakeholder participation in the design and implementation of the engagement itself.     

Examining the relationship between corporate social responsibility,corporate reputation and brand equity in Indian banking industry

This study is an attempt to explain the relationship between corporate social responsibility (CSR), corporate reputation, and brand equity in India's banking sector. The study uses Carroll's Pyramid of CSR and the ‘triple bottom line concept’ as the theoretical bases for proposing a conceptual model. The data pertaining to 482 saving bank customers were analysed using structural equation modelling for this study. The integrated effect of CSR and corporate reputation on brand equity has been examined using the analyses of both the direct and indirect model paths. The findings show that corporate reputation partially mediates the relationship between CSR and brand equity, and that there exists a direct relationship between CSR and brand equity. This research has significant implications for CSR managers seeking to gain a competitive advantage in the industry by focusing upon the CSR activities that help an organisation build a positive corporate reputation, leading to a high level of brand equity.