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Articles 751 - 780 of 842

Full-Text Articles in Banking and Finance Law

The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg Jan 2002

The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg

Business Faculty Articles and Research

In January 2001 the Basel Committee on Banking Supervision proposed a new capital adequacy framework to respond to deficiencies in the 1988 Capital Accord on credit risk. The main elements or ‘pillars’ of the proposal are capital requirements based on the internal risk-ratings of individual banks, expanded and active supervision, and information disclosure requirements to enhance market discipline. We discuss the incentive effects of the proposed regulation. In particular, we argue that it provides incentives for banks to develop new ways to evade the intended consequences of the proposed regulation. Supervision alone cannot prevent banks from ‘gaming and manipulation’ of …


The Newness Of New Technology, Monroe E. Price Jul 2001

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.


Infrastructure For Commerce, Michael B. Likosky Jan 2001

Infrastructure For Commerce, Michael B. Likosky

Northwestern Journal of International Law & Business

While the government presents the MSC as the embodiment of the future, structurally it bears remarkable resemblance to the colonial legal orders. The enclave nature of the MSC is reminiscent of the colonial dual legal orders. At the same time, the international legal and economic orders have undergone profound changes. The international legal order is now premised on sovereign absolutism and equality among nation-states. The reigning economic paradigm is high technology rather than manufacturing or the spice trade. Discussion of the continuities and discontinuities between colonial and present day transnational legal orders must thus attend to a number of variables. …


Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow Jan 2001

Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Demutualization Of Financial Exchanges: Business As Usual?, Caroline Bradley Jan 2001

Demutualization Of Financial Exchanges: Business As Usual?, Caroline Bradley

Articles

No abstract provided.


Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang Aug 2000

Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang

Research Collection Yong Pung How School Of Law

This paper traces the divergence of Singapore law from English law with regard to the grounds upon which a call on a performance bond can be restrained, in particular the recent recognition of the Singapore Court of Appeal's ruling that "unconscionability" is a separate ground to restrain the call of a performance bond. This article examines the legal nature of an on demand performance bond and seeks to challenge the assumption that a performance bond is a mirror image of a letter of credit. This paper also discusses the recent case of Cargill International v. Bangladesh Sugar and Food Industries …


International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas Jun 2000

International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard Jan 2000

Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody Jan 2000

Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody

Law Publications

No abstract provided.


Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer Jan 1999

Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel Bradlow Jan 1999

Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel Bradlow

Human Rights Brief

No abstract provided.


Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel D. Bradlow Jan 1999

Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

This article, after describing the stakes in the ongoing debate about the operating procedures of the World Bank's Inspection Panel (Panel), explains the causes of this controversy. Thereafter it discusses the evolution of the pro­posal of the Working Group of the Bank's Board of Directors to correct the problems in the Panel's operating procedures. It suggests that, if the Board has the political will to adopt it, the final proposal of the Working Group has the potential to create a Panel procedure that is effective, independent, and impartial. The reason for this possibility is that the Bank, in an innovative …


The Role Of International Equity In A Sustainable Future: The Continuing Problem Of Third World Debt And Development, Todd Johnston Oct 1998

The Role Of International Equity In A Sustainable Future: The Continuing Problem Of Third World Debt And Development, Todd Johnston

Buffalo Environmental Law Journal

No abstract provided.


The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss May 1998

The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Internet And U.S. Financial Markets, G. Philip Routledge May 1998

The Internet And U.S. Financial Markets, G. Philip Routledge

Penn State International Law Review (1982 - 2011)

No abstract provided.


Sustainable Liberalism And The International Investment Regime, Kenneth J. Vandevelde Jan 1998

Sustainable Liberalism And The International Investment Regime, Kenneth J. Vandevelde

Michigan Journal of International Law

Since 1995, the Organization for Economic Cooperation and Development has been sponsoring negotiation of a multilateral agreement on investment. Several multilateral agreements protecting foreign investment already exist, although these are limited in their applicability to certain regions or sectors of the economy. This article argues that the consensus is not necessarily permanent, but reflects the momentary confluence of several political and economic trends. It concludes that, if the consensus is to be maintained, then States must use this moment to ensure the success of liberalism, rather than to seize temporary economic advantage. In essence, if a liberal investment regime is …


Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry Jan 1998

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Vanderbilt Journal of Transnational Law

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part II describes the Swiss tradition of bank secrecy. …


Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry Jan 1998

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Articles

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part 11 describes the Swiss tradition of bank secrecy. …


Oct. 8, 1997, J. Piercy, Statement On Consultations With Private Sector On Ifc-Miga Inspection Function, Jan Piercy Oct 1997

Oct. 8, 1997, J. Piercy, Statement On Consultations With Private Sector On Ifc-Miga Inspection Function, Jan Piercy

CAO Creation Pre-1999

No abstract provided.


Oct. 7, 1997, D. Clark And D. Hunter, Ciel, And A. Durbin, Foe, Letter To Board Code Members Re Inspection Mechanism For Ifc And Miga, David Hunter, Dana Clark, Andrea Durbin Oct 1997

Oct. 7, 1997, D. Clark And D. Hunter, Ciel, And A. Durbin, Foe, Letter To Board Code Members Re Inspection Mechanism For Ifc And Miga, David Hunter, Dana Clark, Andrea Durbin

CAO Creation Pre-1999

This document is the cover letter dated October 7, 1997, from Dana Clark and David Hunter, Center for International Environmental Law (CIEL), and Andrea Durbin, Friends of the Earth--US (FoE-US) to Members of the Committee on Development Effectiveness, proposing an Inspection Mechanism for IFC/MIGA. Attached to the letter is the proposed draft resolution proposing an Independent Review Panel for the IFC and MIGA using the World Bank Inspection Panel as a starting point. The NGO proposal was part of the multi-year (1996-1998) discussions regarding the correct approach to n accountability mechanism for IFC. The eventual launch of the Compliance Advisor/Ombudsman …


Sept. 19, 1997, Think Piece On Inspection Panel, Unattributed Sep 1997

Sept. 19, 1997, Think Piece On Inspection Panel, Unattributed

CAO Creation Pre-1999

No abstract provided.


Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont Sep 1997

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review (1982 - 2011)

No abstract provided.


Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark Aug 1997

Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark

CAO Creation Pre-1999

Prompted by public concern about alleged non-compliance with policies of the Bank Group, and project-specific controversies (such as the Pangue Dam on Chile's BioBio river), the President and top management of the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA), the two private sector arms of the World Bank Group, have announced their intention to create a review mechanism patterned after the existing World Bank Inspection Panel (which only applies to the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA)). Mr. Wolfensohn, in particular, has supported the extension of the Panel as …


Jun. 26, 1997, Nyu, Accountability In Environmental Decision-Making Roundtable, List Of Invitees And Agenda, Phillipe J. Sands, New York University School Of Law Jun 1997

Jun. 26, 1997, Nyu, Accountability In Environmental Decision-Making Roundtable, List Of Invitees And Agenda, Phillipe J. Sands, New York University School Of Law

CAO Creation Pre-1999

No abstract provided.


Feb. 20-21, 1997, Correspondence Regarding Nftc Concerns, Frank Kittredge, National Foreign Trade Council, William E. Schuerch Feb 1997

Feb. 20-21, 1997, Correspondence Regarding Nftc Concerns, Frank Kittredge, National Foreign Trade Council, William E. Schuerch

CAO Creation Pre-1999

No abstract provided.


Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law Jan 1997

Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law

CAO Creation Pre-1999

No abstract provided.


Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala Jan 1997

Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala

Faculty Publications

No abstract provided.


Securities Market And Securities Regulations In China, Fengxia Dai Jan 1997

Securities Market And Securities Regulations In China, Fengxia Dai

LLM Theses and Essays

China is a large developing country with a socialist ideology that is currently undergoing a period of reform and transformation. In December 1990, China opened its first national securities market - the Shanghai Securities Exchange. This was soon followed in November 1991 by the first special shares denominated in foreign currencies and sold only to overseas investors. These important steps in the development of China’s securities industry indicate commitment by Chinese authorities to the two key components of the nation’s economic reform program - economic systemic reform, and opening to the outside world. China’s securities market and securities regulations contain …


Federal Reserve: History, Purposes And Functions - An Analysis, Mukunda Lakshamanarao Jan 1997

Federal Reserve: History, Purposes And Functions - An Analysis, Mukunda Lakshamanarao

LLM Theses and Essays

On December 23, 1913, President Woodrow Wilson signed into law the Federal Reserve Act. With this law, Congress established a central banking system which would enable the world’s most powerful industrial nation to manage its money and credit more effectively than ever before. The political and legislative struggle to create the Federal Reserve System was long and often bitter, and this final product in 1913 was the result of a carefully crafted and somewhat tenuous political compromise between national and regional powers. Since its founding, the Federal Reserve System has evolved to meet the needs of a changing financial system …


Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala Oct 1996

Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala

Faculty Publications

No abstract provided.