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1.
Hassan Farah, Hassan.
Le nouveau droit des sociétés commerciales djiboutien : étude critique à la lumière du droit français : The new law of djiboutian trading companies : a critical study in the light of french law.
Degree: Docteur es, Droit privé, 2019, Nantes
URL: http://www.theses.fr/2019NANT3014 
► Le droit des sociétés commerciales djiboutien s’est caractérisé pendant longtemps par une législation rigide, à savoir la loi n°191/AN/86 du 3 Février 1986 sur les…
(more)
▼ Le droit des sociétés commerciales djiboutien s’est caractérisé pendant longtemps par une législation rigide, à savoir la loi n°191/AN/86 du 3 Février 1986 sur les sociétés commerciales, inspirée de la loi n°66-537 du 24 Juillet 1966 sur les sociétés commerciales. Mais la mondialisation de l’économie a fait naitre une concurrence évidente entre les Etats, chacun tentant de rendre son système juridique plus attractif. Conscient de cette réalité, et pour encourager la venue des investisseurs étrangers, le législateur djiboutien s’est engagé dans une simplification de sa législation sur les sociétés commerciales. Cette réforme s’inspire du droit des sociétés commerciales français qui a aussi connu d’importantes mutations. L’analyse des changements intervenus dans la législation djiboutienne fait apparaitre une nette simplification de ses dispositions. Les modifications touchent toutes les formes de sociétés commerciales. Cette simplification trouve son apogée dans l’introduction d’une nouvelle forme de société par actions, la société par action simplifiée. Cependant, il demeure entre les deux législations des différences d’ordre pratique et technique, consécutives à la présence dans la législation djiboutienne de nombreuses contraintes et incohérences qui limitent l’efficacité des changements intervenus.
For a long time, the Djiboutian commercial code has been characterized by rigid legislation, namely Act N°. 191 / AN / 86 of the 3rd of February 1986 on trading companies, inspired by Act N°. 66-537 of the 24th of July 1966 on trading companies. But the globalisation of the economy has given rise to clear competition between states, each trying to make its legal system more attractive. Conscious of this reality, and to encourage the arrival of foreign investors, the Djiboutian legislator undertook a simplification of its legislation on trading companies. This reform is inspired by the law of French trading companies, which has also undergone significant changes. An analysis of the changes in Djiboutian legislation shows a clear simplification of its provisions. The amendments affect all forms of trading companies. This simplification culminates in the introduction of a new form of joint-stock company, the simplified joint-stock company. However, it remains between the two legislations some practical and technical differences, relating to numerous constraints and inconsistencies in the Djiboutian legislation limiting the effectiveness of the changes intervened.
Advisors/Committee Members: Nurit-Pontier, Laure (thesis director).
Subjects/Keywords: –; 346
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APA (6th Edition):
Hassan Farah, H. (2019). Le nouveau droit des sociétés commerciales djiboutien : étude critique à la lumière du droit français : The new law of djiboutian trading companies : a critical study in the light of french law. (Doctoral Dissertation). Nantes. Retrieved from http://www.theses.fr/2019NANT3014
Chicago Manual of Style (16th Edition):
Hassan Farah, Hassan. “Le nouveau droit des sociétés commerciales djiboutien : étude critique à la lumière du droit français : The new law of djiboutian trading companies : a critical study in the light of french law.” 2019. Doctoral Dissertation, Nantes. Accessed March 04, 2021.
http://www.theses.fr/2019NANT3014.
MLA Handbook (7th Edition):
Hassan Farah, Hassan. “Le nouveau droit des sociétés commerciales djiboutien : étude critique à la lumière du droit français : The new law of djiboutian trading companies : a critical study in the light of french law.” 2019. Web. 04 Mar 2021.
Vancouver:
Hassan Farah H. Le nouveau droit des sociétés commerciales djiboutien : étude critique à la lumière du droit français : The new law of djiboutian trading companies : a critical study in the light of french law. [Internet] [Doctoral dissertation]. Nantes; 2019. [cited 2021 Mar 04].
Available from: http://www.theses.fr/2019NANT3014.
Council of Science Editors:
Hassan Farah H. Le nouveau droit des sociétés commerciales djiboutien : étude critique à la lumière du droit français : The new law of djiboutian trading companies : a critical study in the light of french law. [Doctoral Dissertation]. Nantes; 2019. Available from: http://www.theses.fr/2019NANT3014
2.
Rousseau, Pierre.
La légitimité de l'infraction : The legitimacy of the infringement.
Degree: Docteur es, Droit privé, 2019, Nantes
URL: http://www.theses.fr/2019NANT3016
► La théorie de la justification fait l’objet d’une controverse doctrinale. Le fondement de ce mécanisme de légitimation demeure incertain. Or, il est nécessaire de comprendre…
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▼ La théorie de la justification fait l’objet d’une controverse doctrinale. Le fondement de ce mécanisme de légitimation demeure incertain. Or, il est nécessaire de comprendre ce qui fonde la justification si l’on s’interroge sur les pouvoirs respectifs du législateur et du juge en la matière. La question relative au mécanisme qui conduit à l’irresponsabilité pénale de l’auteur d’une infraction justifiée divise également la doctrine. Quelle est, dans le système de la responsabilité pénale, la composante affectée par ce mécanisme de légitimation ? L’évolution de la jurisprudence doit par ailleurs être prise en considération afin de proposer une théorie actualisé e de la légitimité de l’infraction. Le principe selon lequel la justification doit être prévue par la loi peut - il encore tenir sachant que le juge a la possibilité de relaxer un auteur d’infraction en s’appuyant sur les droits de l’Homme ? Cette évolution de la jurisprudence semble davantage mettre en lumière une dualité de fondements permettant la reconnaissance du caractère légitime de l’infraction. Il convient en effet d’opérer une distinction entre l’ infraction justifiée et une répression injustifiée . La légitimation - justification est fondée sur l’utilité sociale de l’infraction et doit par conséquent être prévue par la loi, car l’appréciation de l’utilité sociale est de nature politique. En revanche, la légitimation - liberté est fondée sur une liberté fondamentale. Elle découle d’un contrôle de proportionnalité d’ingérence de la répression opéré par le juge. L’ illégitimité peut alors être envisagée comme la composante de rattachement de ces mécanismes de légitimation dans le système de la responsabilité pénale.
The justification theory is subject to a doctrinal controversy. The basis of this legitimization mechanism remains uncertain. However, it’s necessary to understand the basis of justification when it comes to the respective powers of the legislator and the judge in this field. In the event of a justified infringement, the issue of the mechanism that leads to a lack of criminal liability divides the commentators. Which component of the criminal liability system is affected by this legitimization mechanism ? Furthermore, the development of case law must be taken into consideration in order to provide an updated legitimacy theory. Is it still possible to state that justification must be prescribed by law, knowing that the judge can acquit the perpetrator of an infringement on the basis of Human rights? This development of case law seems to highlight a duality concerning the basis of legitimacy. The distinction between a justified infringement and an unjustified conviction should be made. Legitimization justification is based on the social value of the infringement and has therefore to be prescribed by law, because the determination of social value is of a political nature. However, legitimization-freedom is based on fundamental freedom. It arises from a proportionality test performed by the judge concerning the state interference. Then,…
Advisors/Committee Members: Rousseau, François (thesis director).
Subjects/Keywords: –; 346
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APA (6th Edition):
Rousseau, P. (2019). La légitimité de l'infraction : The legitimacy of the infringement. (Doctoral Dissertation). Nantes. Retrieved from http://www.theses.fr/2019NANT3016
Chicago Manual of Style (16th Edition):
Rousseau, Pierre. “La légitimité de l'infraction : The legitimacy of the infringement.” 2019. Doctoral Dissertation, Nantes. Accessed March 04, 2021.
http://www.theses.fr/2019NANT3016.
MLA Handbook (7th Edition):
Rousseau, Pierre. “La légitimité de l'infraction : The legitimacy of the infringement.” 2019. Web. 04 Mar 2021.
Vancouver:
Rousseau P. La légitimité de l'infraction : The legitimacy of the infringement. [Internet] [Doctoral dissertation]. Nantes; 2019. [cited 2021 Mar 04].
Available from: http://www.theses.fr/2019NANT3016.
Council of Science Editors:
Rousseau P. La légitimité de l'infraction : The legitimacy of the infringement. [Doctoral Dissertation]. Nantes; 2019. Available from: http://www.theses.fr/2019NANT3016
3.
Nsubuga, Hamiisi J.
The rights of employees on corporate insolvency : a UK and US perspective.
Degree: PhD, 2018, Nottingham Trent University
URL: http://irep.ntu.ac.uk/id/eprint/32934/
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.740768
► This thesis considers how Dworkin's interpretative approach to law may be used to resolve the uncertainties in how a balance can be achieved between employee…
(more)
▼ This thesis considers how Dworkin's interpretative approach to law may be used to resolve the uncertainties in how a balance can be achieved between employee protection and corporate rescue laws during corporate insolvency. There exist a significant number of academic theses on the role that insolvency law should play in a legal system, and the tension that corporate insolvency creates between employment protection and corporate rescue laws during corporate insolvency. However, there is also a dearth of academic work on how the tension between employee protection and corporate rescue laws may be balanced through interpretation. The commencement of formal insolvency proceedings by an employer affects employees' rights and interests. Employment laws seek to protect employees' rights and interests while insolvency laws seek to promote corporate rescue which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. Theoretical perspectives from what has been termed the traditionalist and proceduralist theoretical schools that dominate the field of insolvency, arguably, do not provide satisfactory avenues through which a balance may be achieved between employment protection and corporate rescue. While traditionalists' perspectives consider the interests of extant stakeholders as a whole and support fairness in distributive imperatives in insolvency, they do not provide clear answers on how these perspectives may be balanced and applied to corporate insolvencies. Proceduralists, however, provide clear answers to the factors to be taken into account during corporate insolvency but their perspectives give primacy to maximising creditors' returns rather than an inclusive distributive approach, which may be an unsatisfactorily narrow approach to stakeholders as a group. This thesis therefore, applies Dworkin's interpretative approach to law as a remedy that would arguably, provide an approach through which a balance may be achieved between employment protection and corporate rescue objectives during corporate insolvency.
Subjects/Keywords: 346
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APA (6th Edition):
Nsubuga, H. J. (2018). The rights of employees on corporate insolvency : a UK and US perspective. (Doctoral Dissertation). Nottingham Trent University. Retrieved from http://irep.ntu.ac.uk/id/eprint/32934/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.740768
Chicago Manual of Style (16th Edition):
Nsubuga, Hamiisi J. “The rights of employees on corporate insolvency : a UK and US perspective.” 2018. Doctoral Dissertation, Nottingham Trent University. Accessed March 04, 2021.
http://irep.ntu.ac.uk/id/eprint/32934/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.740768.
MLA Handbook (7th Edition):
Nsubuga, Hamiisi J. “The rights of employees on corporate insolvency : a UK and US perspective.” 2018. Web. 04 Mar 2021.
Vancouver:
Nsubuga HJ. The rights of employees on corporate insolvency : a UK and US perspective. [Internet] [Doctoral dissertation]. Nottingham Trent University; 2018. [cited 2021 Mar 04].
Available from: http://irep.ntu.ac.uk/id/eprint/32934/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.740768.
Council of Science Editors:
Nsubuga HJ. The rights of employees on corporate insolvency : a UK and US perspective. [Doctoral Dissertation]. Nottingham Trent University; 2018. Available from: http://irep.ntu.ac.uk/id/eprint/32934/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.740768
King's College London (University of London)
4.
Mota, Ana Rita Carreira Agostinho.
#DefendTheSacred : harnessing hard and soft law mechanisms to integrate international investment and cultural rights.
Degree: PhD, 2018, King's College London (University of London)
URL: https://kclpure.kcl.ac.uk/portal/en/theses/defendthesacred(c3bd9f9a-fb33-4630-981f-5d825401fca8).html
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745421
► This research focuses on the relationship between international investment and cultural rights, ultimately seeking to determine how to reconcile investor protection with the need to…
(more)
▼ This research focuses on the relationship between international investment and cultural rights, ultimately seeking to determine how to reconcile investor protection with the need to protect and promote the cultural rights of vulnerable stakeholders, such as indigenous peoples. Cultural rights, which are closely connected to the principles of human dignity and sustainable development, have attracted the attention of academics and policy-makers in recent decades, but are still far from receiving the attention and recognition that they deserve. Conversely, international investment law is much more developed and has been construed in a way that can compromise a host State's ability to regulate in order to promote and protect human rights in general, and cultural rights in particular. This research will contain two parts: the first one will be composed of three chapters, the first analysing the concept and scope of cultural rights; the second providing an overview of international investment law; and the third assessing its relationship with cultural rights. The second part of the study will deal with the hard and soft law mechanisms that can be used to influence the balance between investment and the respect for cultural rights, at the international level. This will include the analysis of voluntary corporate conduct codes (chapter 4), compliance requirements in the context of investment loans (chapter 5), as well as investor-State dispute settlement (chapter 6). Finally, conclusions will be drawn, so as to provide a deeper understanding of the most effective ways to protect and promote cultural rights in the context of foreign investment.
Subjects/Keywords: 346
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APA (6th Edition):
Mota, A. R. C. A. (2018). #DefendTheSacred : harnessing hard and soft law mechanisms to integrate international investment and cultural rights. (Doctoral Dissertation). King's College London (University of London). Retrieved from https://kclpure.kcl.ac.uk/portal/en/theses/defendthesacred(c3bd9f9a-fb33-4630-981f-5d825401fca8).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745421
Chicago Manual of Style (16th Edition):
Mota, Ana Rita Carreira Agostinho. “#DefendTheSacred : harnessing hard and soft law mechanisms to integrate international investment and cultural rights.” 2018. Doctoral Dissertation, King's College London (University of London). Accessed March 04, 2021.
https://kclpure.kcl.ac.uk/portal/en/theses/defendthesacred(c3bd9f9a-fb33-4630-981f-5d825401fca8).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745421.
MLA Handbook (7th Edition):
Mota, Ana Rita Carreira Agostinho. “#DefendTheSacred : harnessing hard and soft law mechanisms to integrate international investment and cultural rights.” 2018. Web. 04 Mar 2021.
Vancouver:
Mota ARCA. #DefendTheSacred : harnessing hard and soft law mechanisms to integrate international investment and cultural rights. [Internet] [Doctoral dissertation]. King's College London (University of London); 2018. [cited 2021 Mar 04].
Available from: https://kclpure.kcl.ac.uk/portal/en/theses/defendthesacred(c3bd9f9a-fb33-4630-981f-5d825401fca8).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745421.
Council of Science Editors:
Mota ARCA. #DefendTheSacred : harnessing hard and soft law mechanisms to integrate international investment and cultural rights. [Doctoral Dissertation]. King's College London (University of London); 2018. Available from: https://kclpure.kcl.ac.uk/portal/en/theses/defendthesacred(c3bd9f9a-fb33-4630-981f-5d825401fca8).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745421
King's College London (University of London)
5.
Yuan, Shuai.
Essays in auditor regulation : evidence from the EU.
Degree: PhD, 2018, King's College London (University of London)
URL: https://kclpure.kcl.ac.uk/portal/en/theses/essays-in-auditor-regulation-evidence-from-the-eu(62e11867-bfca-4964-b97c-06e133159217).html
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745424
► With the publication of Directive 2006/43/EC, a system of public oversight over the audit profession was implemented across the European Union. This thesis analyses the…
(more)
▼ With the publication of Directive 2006/43/EC, a system of public oversight over the audit profession was implemented across the European Union. This thesis analyses the resulting costs and benefits of national external audit monitoring systems, and evaluates the efficiency and effectiveness of public oversight practices in Europe. First, it reviews the development of audit regulation in Europe, both before and after the release of Directive 2006/43/EC. It then reviews previous studies on the effects of regulation and cost-benefit analyses. Besides, it reviews studies specifically on public oversight systems, mainly in the United States (US), with a small number outside the US. The literature suggests there is mixed evidence for the efficiency and effectiveness of the public oversight system in the US, and further research is needed on public oversight systems, particularly in institutional settings outside the US. The two empirical chapters explore the audit pricing and quality consequences of the inspection regime, at pan-European and UK levels. Both studies find an increase in audit prices but no apparent impact on audit quality associated with audit inspection practice. This thesis contributes to the literature on audit regulation and has implications for policy making by auditing regulators.
Subjects/Keywords: 346
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APA ·
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APA (6th Edition):
Yuan, S. (2018). Essays in auditor regulation : evidence from the EU. (Doctoral Dissertation). King's College London (University of London). Retrieved from https://kclpure.kcl.ac.uk/portal/en/theses/essays-in-auditor-regulation-evidence-from-the-eu(62e11867-bfca-4964-b97c-06e133159217).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745424
Chicago Manual of Style (16th Edition):
Yuan, Shuai. “Essays in auditor regulation : evidence from the EU.” 2018. Doctoral Dissertation, King's College London (University of London). Accessed March 04, 2021.
https://kclpure.kcl.ac.uk/portal/en/theses/essays-in-auditor-regulation-evidence-from-the-eu(62e11867-bfca-4964-b97c-06e133159217).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745424.
MLA Handbook (7th Edition):
Yuan, Shuai. “Essays in auditor regulation : evidence from the EU.” 2018. Web. 04 Mar 2021.
Vancouver:
Yuan S. Essays in auditor regulation : evidence from the EU. [Internet] [Doctoral dissertation]. King's College London (University of London); 2018. [cited 2021 Mar 04].
Available from: https://kclpure.kcl.ac.uk/portal/en/theses/essays-in-auditor-regulation-evidence-from-the-eu(62e11867-bfca-4964-b97c-06e133159217).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745424.
Council of Science Editors:
Yuan S. Essays in auditor regulation : evidence from the EU. [Doctoral Dissertation]. King's College London (University of London); 2018. Available from: https://kclpure.kcl.ac.uk/portal/en/theses/essays-in-auditor-regulation-evidence-from-the-eu(62e11867-bfca-4964-b97c-06e133159217).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.745424
6.
Watson, Carl.
Information and intelligence sharing in the fight against fraud and intellectual property crime : challenges and strategies for professional practice.
Degree: PhD, 2017, University of Portsmouth
URL: https://researchportal.port.ac.uk/portal/en/theses/information-and-intelligence-sharing-in-the-fight-against-fraud-and-intellectual-property-crime(2ff700ab-e208-4928-b958-3bfc63c08f16).html
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.749231
► Information and intelligence sharing has long been recognised to be a practice that could have significant bearing on organisations’ ability to prevent, detect, investigate and…
(more)
▼ Information and intelligence sharing has long been recognised to be a practice that could have significant bearing on organisations’ ability to prevent, detect, investigate and take action against economic crime. Despite this recognition, many businesses struggle to build and maintain effective information sharing relationships. This research aims to close the gap caused by limited academic attention paid to economic crime information sharing, examining the contemporary nature of the challenges, the models and strategies that can be used to overcome these and how professional practice can be improved to increase information and intelligence sharing in this area. Data was collected in two phases in order to examine how those organisations that manage to successfully share information and intelligence overcome the challenges to collaboration. The first phase involved a case study into how the Federation Against Copyright Theft handles and shares intelligence with partners. This involved twenty-four interviews with officers and staff and examining documents relating to its operational activity and on-site observations. The second phase of the research involved conducting twenty-two interviews with participants from other organisations in respect of their approaches to information and intelligence sharing. Most of these participants were anti-fraud, IP crime or criminal intelligence sharing practitioners, although a couple represented relevant stakeholders at regulatory and government policy levels. The study found that the foundation of effective intelligence sharing relationships is a combination of trust, competence in intelligence handling and mutual understanding between organisations. In order to overcome an array of challenges to collaboration, including a complex and commonly misunderstood legal framework, cultural resistance to sharing information and the lack of a comprehensive national strategy and standards for anti-crime intelligence handling and sharing, organisations employ a range of strategies. These include aligning their working practices to the National Intelligence Model as a default standard, formalising relationships through intelligence sharing agreements and committing resources to training both their own employees and staff in partner organisations to ensure that practitioners on both sides have the requisite skills and knowledge to share information in a competent and legal manner. There are significant risks remaining, however, in the interpretation and implementation of a default standard that was designed for law enforcement and in the context of forthcoming legislative change in data protection law.
Subjects/Keywords: 346
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APA (6th Edition):
Watson, C. (2017). Information and intelligence sharing in the fight against fraud and intellectual property crime : challenges and strategies for professional practice. (Doctoral Dissertation). University of Portsmouth. Retrieved from https://researchportal.port.ac.uk/portal/en/theses/information-and-intelligence-sharing-in-the-fight-against-fraud-and-intellectual-property-crime(2ff700ab-e208-4928-b958-3bfc63c08f16).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.749231
Chicago Manual of Style (16th Edition):
Watson, Carl. “Information and intelligence sharing in the fight against fraud and intellectual property crime : challenges and strategies for professional practice.” 2017. Doctoral Dissertation, University of Portsmouth. Accessed March 04, 2021.
https://researchportal.port.ac.uk/portal/en/theses/information-and-intelligence-sharing-in-the-fight-against-fraud-and-intellectual-property-crime(2ff700ab-e208-4928-b958-3bfc63c08f16).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.749231.
MLA Handbook (7th Edition):
Watson, Carl. “Information and intelligence sharing in the fight against fraud and intellectual property crime : challenges and strategies for professional practice.” 2017. Web. 04 Mar 2021.
Vancouver:
Watson C. Information and intelligence sharing in the fight against fraud and intellectual property crime : challenges and strategies for professional practice. [Internet] [Doctoral dissertation]. University of Portsmouth; 2017. [cited 2021 Mar 04].
Available from: https://researchportal.port.ac.uk/portal/en/theses/information-and-intelligence-sharing-in-the-fight-against-fraud-and-intellectual-property-crime(2ff700ab-e208-4928-b958-3bfc63c08f16).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.749231.
Council of Science Editors:
Watson C. Information and intelligence sharing in the fight against fraud and intellectual property crime : challenges and strategies for professional practice. [Doctoral Dissertation]. University of Portsmouth; 2017. Available from: https://researchportal.port.ac.uk/portal/en/theses/information-and-intelligence-sharing-in-the-fight-against-fraud-and-intellectual-property-crime(2ff700ab-e208-4928-b958-3bfc63c08f16).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.749231
7.
Cheikh Younes, Ahmad.
Vers un nouveau droit des baux ruraux en Syrie : approche comparée Syrie/France : Towards a new Law for Agricultural Tenancies in Syria : comparative Approach Syria/France.
Degree: Docteur es, Droit Privé, 2019, Nantes
URL: http://www.theses.fr/2019NANT3001
► En Syrie, plus de la moitié des terres agricoles sont exploitées en faire-valoir indirect par une multitude de petits exploitants. Les terres appartiennent à quelques…
(more)
▼ En Syrie, plus de la moitié des terres agricoles sont exploitées en faire-valoir indirect par une multitude de petits exploitants. Les terres appartiennent à quelques grands propriétaires fonciers et à des grands exploitants qui profitent d'une législation très libérale en matière de baux ruraux. En résulte une relation contractuelle précaire et déséquilibrée entre propriétaires et fermiers. L'objectif de cette thèse est de voir comment faire évoluer le droit syrien en matière de baux ruraux afin de proposer un régime équilibré et stable permettant le développement d'une agriculture plus productive et l'amélioration des conditions de vie des familles rurales. A cette fin, nous procéderons à une analyse critique du droit syrien relatif aux baux ruraux , puis rechercherons les possibles apports du droit français en vérifiant l'opportunité de les mettre en œuvre en Syrie.
In Syria, more than half of the agricultural land is farming by a multitude of small tenants. The land belongs to a few large landowners and big farmers who benefit from very liberal legislation on agricultural tenancies. The result is a precarious and unbalanced contractual relationship between owners and tenants. The aim of this thesis is to see how to change the Syrian Law on agricultural tenancies in order to propose a balanced and stable regime allowing the development of a more productive agriculture and the improvement of the living conditions of the rural families. To this end, we will conduct a critical analysis of Syrian Law on agricultural tenancies, then look for the possible contributions of French Law by checking the opportunity to implement them in Syria.
Advisors/Committee Members: Bodiguel, Luc (thesis director).
Subjects/Keywords: –; 346
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Manager
APA (6th Edition):
Cheikh Younes, A. (2019). Vers un nouveau droit des baux ruraux en Syrie : approche comparée Syrie/France : Towards a new Law for Agricultural Tenancies in Syria : comparative Approach Syria/France. (Doctoral Dissertation). Nantes. Retrieved from http://www.theses.fr/2019NANT3001
Chicago Manual of Style (16th Edition):
Cheikh Younes, Ahmad. “Vers un nouveau droit des baux ruraux en Syrie : approche comparée Syrie/France : Towards a new Law for Agricultural Tenancies in Syria : comparative Approach Syria/France.” 2019. Doctoral Dissertation, Nantes. Accessed March 04, 2021.
http://www.theses.fr/2019NANT3001.
MLA Handbook (7th Edition):
Cheikh Younes, Ahmad. “Vers un nouveau droit des baux ruraux en Syrie : approche comparée Syrie/France : Towards a new Law for Agricultural Tenancies in Syria : comparative Approach Syria/France.” 2019. Web. 04 Mar 2021.
Vancouver:
Cheikh Younes A. Vers un nouveau droit des baux ruraux en Syrie : approche comparée Syrie/France : Towards a new Law for Agricultural Tenancies in Syria : comparative Approach Syria/France. [Internet] [Doctoral dissertation]. Nantes; 2019. [cited 2021 Mar 04].
Available from: http://www.theses.fr/2019NANT3001.
Council of Science Editors:
Cheikh Younes A. Vers un nouveau droit des baux ruraux en Syrie : approche comparée Syrie/France : Towards a new Law for Agricultural Tenancies in Syria : comparative Approach Syria/France. [Doctoral Dissertation]. Nantes; 2019. Available from: http://www.theses.fr/2019NANT3001
8.
Alamri, Khalid.
The board of directors in listed companies under the corporate governance system in Saudi law as compared to English law and global standards.
Degree: PhD, 2018, Lancaster University
URL: https://doi.org/10.17635/lancaster/thesis/279
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.739760
► Saudi Arabia has a unique environment in terms of its political, economic, legal and judicial aspects which have some anomalous characteristics that create challenges for…
(more)
▼ Saudi Arabia has a unique environment in terms of its political, economic, legal and judicial aspects which have some anomalous characteristics that create challenges for corporate governance. Further challenges are presented by the current structure of listed companies and by Saudi Arabia’s Vision for 2030.1 This environment significantly influences the role of the board of directors in listed companies and increases its role in safeguarding the interests of different shareholders and stakeholders. This thesis reviews the new legislation relating to corporate governance in Saudi Arabia in relation to the board of directors in listed companies and the extent to which such legislation affects its relationships with the main parties in the company. It defines the major features of the new Saudi Law of Companies, issued in 2015, and the new Corporate Governance Regulation, issued in 2017. The thesis deals with all of the relevant changes in the new law and regulations. It also clarifies the extent of the improvement in corporate governance resulting from the new legislation and those aspects related to the thesis that require further reform by suggesting more details, flexibility or enforcement to meet the standards of corporate governance. It uses a comparative study with both English law and global standards and assesses the compatibility of Saudi legislation with them in this respect in a manner that suits the particularities of the legal and economic environment in Saudi Arabia. The thesis explores the main theories and the most prominent models of corporate governance that affect the role of the board of directors. It discusses the composition of the board of directors, including the diversity of board membership, structure and models as well as the provisions for shadow directors. It also covers the relationship of the board of directors with the AGM, board meetings, company committees, company auditors, stakeholders and - in particular - employees.
Subjects/Keywords: 346
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APA (6th Edition):
Alamri, K. (2018). The board of directors in listed companies under the corporate governance system in Saudi law as compared to English law and global standards. (Doctoral Dissertation). Lancaster University. Retrieved from https://doi.org/10.17635/lancaster/thesis/279 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.739760
Chicago Manual of Style (16th Edition):
Alamri, Khalid. “The board of directors in listed companies under the corporate governance system in Saudi law as compared to English law and global standards.” 2018. Doctoral Dissertation, Lancaster University. Accessed March 04, 2021.
https://doi.org/10.17635/lancaster/thesis/279 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.739760.
MLA Handbook (7th Edition):
Alamri, Khalid. “The board of directors in listed companies under the corporate governance system in Saudi law as compared to English law and global standards.” 2018. Web. 04 Mar 2021.
Vancouver:
Alamri K. The board of directors in listed companies under the corporate governance system in Saudi law as compared to English law and global standards. [Internet] [Doctoral dissertation]. Lancaster University; 2018. [cited 2021 Mar 04].
Available from: https://doi.org/10.17635/lancaster/thesis/279 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.739760.
Council of Science Editors:
Alamri K. The board of directors in listed companies under the corporate governance system in Saudi law as compared to English law and global standards. [Doctoral Dissertation]. Lancaster University; 2018. Available from: https://doi.org/10.17635/lancaster/thesis/279 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.739760
University of Oxford
9.
Nair, Aruna.
Justifying claims based on unauthorised substitution.
Degree: PhD, 2015, University of Oxford
URL: http://ora.ox.ac.uk/objects/uuid:b985b154-fbdb-4c47-863d-b95369af461c
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.712022
► This thesis examines the doctrinal justification for the contingency of certain private law claims on tracing in English law. It argues that, contrary to the…
(more)
▼ This thesis examines the doctrinal justification for the contingency of certain private law claims on tracing in English law. It argues that, contrary to the currently dominant model of tracing as an evidential process, aimed at resolving factual uncertainties, the tracing rules are best understood as normative in function. They strike a balance between preserving the autonomy of the defendant, while preventing her from exploiting the claimant's legally mandated vulnerability to the defendant's decisions to deprive him of rights. The rules distinguish among the different legal capacities of a person acquiring a right, and permit a stranger to the transaction to assert an entitlement to its product only in cases where the product is separable from the person of the defendant and where its acquisition involved the exercise of a legal power to deprive the claimant. On this basis, the thesis argues that claims contingent on tracing are better described as claims based on 'unauthorised substitution'. An unauthorised substitution occurs where A acquires a right in consideration for the valid exercise of a private legal power affecting B, in breach of a duty owed to B. Such an exercise of power can only take place in the context of a prior relationship of 'stewardship of assets', whereby A has a legal power to vary the legal rights of B with respect to some assignable right, owes B a duty in respect of the exercise of that power, and is able to validly exercise the legal power in breach of that duty. These relationships overlap with the categories of 'fiduciary duties' or 'property rights', but share additional and distinctive characteristics that justify the law's particular response to unauthorised substitution.
Subjects/Keywords: 346
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Manager
APA (6th Edition):
Nair, A. (2015). Justifying claims based on unauthorised substitution. (Doctoral Dissertation). University of Oxford. Retrieved from http://ora.ox.ac.uk/objects/uuid:b985b154-fbdb-4c47-863d-b95369af461c ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.712022
Chicago Manual of Style (16th Edition):
Nair, Aruna. “Justifying claims based on unauthorised substitution.” 2015. Doctoral Dissertation, University of Oxford. Accessed March 04, 2021.
http://ora.ox.ac.uk/objects/uuid:b985b154-fbdb-4c47-863d-b95369af461c ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.712022.
MLA Handbook (7th Edition):
Nair, Aruna. “Justifying claims based on unauthorised substitution.” 2015. Web. 04 Mar 2021.
Vancouver:
Nair A. Justifying claims based on unauthorised substitution. [Internet] [Doctoral dissertation]. University of Oxford; 2015. [cited 2021 Mar 04].
Available from: http://ora.ox.ac.uk/objects/uuid:b985b154-fbdb-4c47-863d-b95369af461c ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.712022.
Council of Science Editors:
Nair A. Justifying claims based on unauthorised substitution. [Doctoral Dissertation]. University of Oxford; 2015. Available from: http://ora.ox.ac.uk/objects/uuid:b985b154-fbdb-4c47-863d-b95369af461c ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.712022
Aberystwyth University
10.
Daniels, Katja.
The politics of international investment law : transnational corporations, social movements, and the struggle for the future.
Degree: PhD, 2015, Aberystwyth University
URL: http://hdl.handle.net/2160/363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58
► The aim of this thesis is to understand the political struggles that underpin international investment law. Social movements of various kinds have expressed alarm over…
(more)
▼ The aim of this thesis is to understand the political struggles that underpin international investment law. Social movements of various kinds have expressed alarm over an 'epidemic' of international legal challenges by transnational corporations against state measures designed to protect the environment, public health, or human rights. These state measures have often been introduced directly in response to hard-fought civil society campaigns (ranging from antimining protests in El Salvador to climate change campaigns in Germany), yet academic analysis of what is formally known as 'Investor-State Dispute Settlement' proceeds on the premise that these are simply disputes between 'investors' and 'states', as indeed the term implies. In turn, where the academic focus shifts towards wider questions of why this field of law emerged, and what role it plays in global politics today, even the investors disappear from view, and only states remain. The theoretical argument of this thesis is that the state is not an agent in political struggles, but a social structure that is both the 'congealment' of historic social struggles and a 'strategically selective' arena within which social struggles are fought today. This theoretical argument challenges the state-centric premises of the academic literature, and enables a different empirical explanation of the politics of international investment law, and of the 46 investment disputes arising out of environmental protection measures that have been selected for closer analysis. Drawing upon the work of scholars such as William Robinson, Stephen Gill, and David Schneiderman, the empirical argument of this thesis is that international investment law arose at the initiative of a transnational capitalist class, and it is designed to constrain the political agency of opposing social groups by 'locking in' policies that favour corporations. At stake in the struggle over international investment law is ultimately the very possibility for a different future.
Subjects/Keywords: 346
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APA ·
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APA (6th Edition):
Daniels, K. (2015). The politics of international investment law : transnational corporations, social movements, and the struggle for the future. (Doctoral Dissertation). Aberystwyth University. Retrieved from http://hdl.handle.net/2160/363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58
Chicago Manual of Style (16th Edition):
Daniels, Katja. “The politics of international investment law : transnational corporations, social movements, and the struggle for the future.” 2015. Doctoral Dissertation, Aberystwyth University. Accessed March 04, 2021.
http://hdl.handle.net/2160/363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58.
MLA Handbook (7th Edition):
Daniels, Katja. “The politics of international investment law : transnational corporations, social movements, and the struggle for the future.” 2015. Web. 04 Mar 2021.
Vancouver:
Daniels K. The politics of international investment law : transnational corporations, social movements, and the struggle for the future. [Internet] [Doctoral dissertation]. Aberystwyth University; 2015. [cited 2021 Mar 04].
Available from: http://hdl.handle.net/2160/363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58.
Council of Science Editors:
Daniels K. The politics of international investment law : transnational corporations, social movements, and the struggle for the future. [Doctoral Dissertation]. Aberystwyth University; 2015. Available from: http://hdl.handle.net/2160/363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58
University of Newcastle upon Tyne
11.
Al-Qatanani, Raghda Mahmoud Abd Alrahman.
Legal regimes to counter insider dealing and market abuse : a comparative analysis of the UK and Jordan.
Degree: PhD, 2014, University of Newcastle upon Tyne
URL: http://theses.ncl.ac.uk/jspui/handle/10443/3408
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.713746
► The international investments in the Middle East has increased the level of stock market activity, this being the case in Jordan as well. This situation…
(more)
▼ The international investments in the Middle East has increased the level of stock market activity, this being the case in Jordan as well. This situation has raised issues of public interest. Precisely to what extent are some investors engaging in "insider dealing" and thereby making profits not available to others? Considering the threat of insider dealing to market integrity and investor confidence, Jordan has, like law-makers and financial regulators the world over, brought this issue under the spotlight and imposed a prohibition on insider dealing. Nevertheless, this thesis argues that Jordan’s regime is neither effective nor enforced. During the last 17 years since the prohibition regime was enacted, no cases of insider dealing have been brought before the courts. The study therefore explores and evaluates the policy for prohibiting insider dealing and market manipulation in Jordan. In particular, it examines why the prohibition was first created, and why it was not subsequently enforced. To best approach this important question, the study adopts a comparative and analytic methodology, considering both the UK and the Jordanian prohibition regimes. It would not be possible to assess the Jordanian regime fairly and appropriately unless it was viewed externally and in a larger context through the use of a comparative method. This comparative approach focusses both on the clarity of the statutory prohibition (the legal rules) in the UK and Jordan, and on the effectiveness of the enforcement (the law in action). The outcomes of this study are in the form of, on the one hand, suggestions for developing and strengthening the Jordanian prohibition regime, and on the other hand, recommendations for more effective enforcement of the UK prohibition regime.
Subjects/Keywords: 346
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APA (6th Edition):
Al-Qatanani, R. M. A. A. (2014). Legal regimes to counter insider dealing and market abuse : a comparative analysis of the UK and Jordan. (Doctoral Dissertation). University of Newcastle upon Tyne. Retrieved from http://theses.ncl.ac.uk/jspui/handle/10443/3408 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.713746
Chicago Manual of Style (16th Edition):
Al-Qatanani, Raghda Mahmoud Abd Alrahman. “Legal regimes to counter insider dealing and market abuse : a comparative analysis of the UK and Jordan.” 2014. Doctoral Dissertation, University of Newcastle upon Tyne. Accessed March 04, 2021.
http://theses.ncl.ac.uk/jspui/handle/10443/3408 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.713746.
MLA Handbook (7th Edition):
Al-Qatanani, Raghda Mahmoud Abd Alrahman. “Legal regimes to counter insider dealing and market abuse : a comparative analysis of the UK and Jordan.” 2014. Web. 04 Mar 2021.
Vancouver:
Al-Qatanani RMAA. Legal regimes to counter insider dealing and market abuse : a comparative analysis of the UK and Jordan. [Internet] [Doctoral dissertation]. University of Newcastle upon Tyne; 2014. [cited 2021 Mar 04].
Available from: http://theses.ncl.ac.uk/jspui/handle/10443/3408 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.713746.
Council of Science Editors:
Al-Qatanani RMAA. Legal regimes to counter insider dealing and market abuse : a comparative analysis of the UK and Jordan. [Doctoral Dissertation]. University of Newcastle upon Tyne; 2014. Available from: http://theses.ncl.ac.uk/jspui/handle/10443/3408 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.713746
Durham University
12.
Nuchpiam, Prapin.
A comparative study of legal forms for social enterprises in the UK and Thailand.
Degree: PhD, 2016, Durham University
URL: http://etheses.dur.ac.uk/11788/
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695020
► This thesis studies legal forms for social enterprises in the UK and Thailand. The reason for the focus on these two countries is that the…
(more)
▼ This thesis studies legal forms for social enterprises in the UK and Thailand. The reason for the focus on these two countries is that the recent development of social enterprise in Thailand has been significantly influenced by the UK. I will show how a legal form specifically designed to suit the nature of social enterprise is important to its operation as well as the fostering of the social enterprise sector. Given this importance of such a legal form, and its unavailability in Thailand, a question arises: does the country need such a specially designed legal form? My argument in favour of its need runs as follows. Although the UK and Thailand rely on several legal forms, the Thai social enterprise sector, unlike its UK counterpart, still does not enjoy the benefits and advantages of a legal form like the Community Interest Company (CIC), which is devoted to the social enterprise by being purportedly designed specifically with its needs in mind. The Thai social enterprise sector’s reliance on the existing traditional legal structures has been found to suffer from serious limits: not only do these legal forms not facilitate the functioning of social enterprises, but the unavailability of a specialised legal structure becomes a disincentive to social entrepreneurship. A legal blueprint designed to suit the nature of social enterprise has thus been proposed to meet Thailand’s need. To establish its practical relevance, the blueprint has been used to evaluate the CIC and the legal forms adopted by social enterprises in Thailand. On the basis of the results of this evaluation it has been used as a model for the development of a specialised legal form for social enterprises in Thailand.
Subjects/Keywords: 346
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APA (6th Edition):
Nuchpiam, P. (2016). A comparative study of legal forms for social enterprises in the UK and Thailand. (Doctoral Dissertation). Durham University. Retrieved from http://etheses.dur.ac.uk/11788/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695020
Chicago Manual of Style (16th Edition):
Nuchpiam, Prapin. “A comparative study of legal forms for social enterprises in the UK and Thailand.” 2016. Doctoral Dissertation, Durham University. Accessed March 04, 2021.
http://etheses.dur.ac.uk/11788/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695020.
MLA Handbook (7th Edition):
Nuchpiam, Prapin. “A comparative study of legal forms for social enterprises in the UK and Thailand.” 2016. Web. 04 Mar 2021.
Vancouver:
Nuchpiam P. A comparative study of legal forms for social enterprises in the UK and Thailand. [Internet] [Doctoral dissertation]. Durham University; 2016. [cited 2021 Mar 04].
Available from: http://etheses.dur.ac.uk/11788/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695020.
Council of Science Editors:
Nuchpiam P. A comparative study of legal forms for social enterprises in the UK and Thailand. [Doctoral Dissertation]. Durham University; 2016. Available from: http://etheses.dur.ac.uk/11788/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695020
University of Wolverhampton
13.
Gregory, William Allan.
The doctrine of parol agreement trusts and fraud in equity : an historical-doctrinal analysis of equity's jurisdiction under the head of fraud to impose trusts arising out of parol agreements.
Degree: PhD, 2016, University of Wolverhampton
URL: http://hdl.handle.net/2436/620394
► This thesis examines, through the most comprehensive historical-doctrinal analysis to date, the nature and extent of equity’s jurisdiction to impose trusts arising out of parol…
(more)
▼ This thesis examines, through the most comprehensive historical-doctrinal analysis to date, the nature and extent of equity’s jurisdiction to impose trusts arising out of parol agreements. The central argument of this thesis is that all such trusts are enforced pursuant to a single doctrine of equity which arises to prevent fraud. This doctrine, which is uncovered and elucidated in this thesis, is named ‘the doctrine of parol agreement trusts’. It is argued that the ‘fraud’ which brings the doctrine into play will occur if the recipient of property knowingly reneges on a parol agreement subject to which she took the property and upon which the other party thereto relied. Moreover, it is demonstrated that trusts arising for the prevention of fraud were, until the early twentieth century, not seen as express, resulting or constructive trusts, but that, according to modern nomenclature, they are best regarded as constructive trusts. This thesis also challenges several modern orthodoxies. It is proven that the leading case of Rochefocuauld v Boustead was reported imperfectly, and that all previously presented accounts of the facts are inaccurate. Furthermore, it is categorically demonstrated that secret trusts are enforced for the prevention of fraud, but that this is not inconsistent with the notion that secret trusts are dehors the will. The juxtaposition between parol agreement trusts and related equitable innovations such as mutual wills, proprietary estoppel and ‘common intention’ constructive trusts is also examined, as well as the doctrine’s relationship with contract law and the law of agency, with a view to providing a doctrinal solution to some modern controversies in these areas. The historical-doctrinal relationship between parol agreement trusts and other types of constructive trusts is also examined with surprising results which suggest doctrinal affinities with the liability which affects knowing recipients. Finally, it is suggested that the manner in which modern commentators and some judges have eschewed fraud as a justification for parol agreement trusts and other related trusts may represent an unwelcome development.
Subjects/Keywords: 346
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APA ·
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Manager
APA (6th Edition):
Gregory, W. A. (2016). The doctrine of parol agreement trusts and fraud in equity : an historical-doctrinal analysis of equity's jurisdiction under the head of fraud to impose trusts arising out of parol agreements. (Doctoral Dissertation). University of Wolverhampton. Retrieved from http://hdl.handle.net/2436/620394
Chicago Manual of Style (16th Edition):
Gregory, William Allan. “The doctrine of parol agreement trusts and fraud in equity : an historical-doctrinal analysis of equity's jurisdiction under the head of fraud to impose trusts arising out of parol agreements.” 2016. Doctoral Dissertation, University of Wolverhampton. Accessed March 04, 2021.
http://hdl.handle.net/2436/620394.
MLA Handbook (7th Edition):
Gregory, William Allan. “The doctrine of parol agreement trusts and fraud in equity : an historical-doctrinal analysis of equity's jurisdiction under the head of fraud to impose trusts arising out of parol agreements.” 2016. Web. 04 Mar 2021.
Vancouver:
Gregory WA. The doctrine of parol agreement trusts and fraud in equity : an historical-doctrinal analysis of equity's jurisdiction under the head of fraud to impose trusts arising out of parol agreements. [Internet] [Doctoral dissertation]. University of Wolverhampton; 2016. [cited 2021 Mar 04].
Available from: http://hdl.handle.net/2436/620394.
Council of Science Editors:
Gregory WA. The doctrine of parol agreement trusts and fraud in equity : an historical-doctrinal analysis of equity's jurisdiction under the head of fraud to impose trusts arising out of parol agreements. [Doctoral Dissertation]. University of Wolverhampton; 2016. Available from: http://hdl.handle.net/2436/620394
14.
Alaydan, Sultan.
Islamic finance, Sharia non-compliance and the standardisation of Sharia governance.
Degree: PhD, 2016, University of Westminster
URL: https://westminsterresearch.westminster.ac.uk/item/q2w26/islamic-finance-sharia-non-compliance-and-the-standardisation-of-sharia-governance
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723184
► The research presented in this thesis examines the questions of (i) why the prevailing form of Islamic finance has tended to only textually comply with…
(more)
▼ The research presented in this thesis examines the questions of (i) why the prevailing form of Islamic finance has tended to only textually comply with Sharia law while breaching principles underlying; and (ii) how Sharia governance could be standardised in order to ensure that Islamic finance reliably provides a genuinely Islamic alternative to conventional finance so as to engender market trust in the Islamic finance industry. The primary methodologies applied in this thesis are a text-based analysis and a qualitative interview study. A thorough text-based analysis of the religious and academic thinking around Islamic finance serves as a useful starting point for the design of the qualitative semi-structured interviews of a sample of 20 academics with experience of Islamic finance in practice across three culturally distinct jurisdictions (namely, the UK, the Kingdom of Saudi Arabia, and Malaysia). This paper finds that the existing models of Sharia governance across and within jurisdictions allow for a variety of interpretations, leading, in turn, to the inconsistent issuance of fatwas, thereby undermining the credibility of Islamic finance as genuinely compliant with Sharia principles. A lack of standardisation permits the coexistence of Sharia boards operating at different levels of Sharia supervision. This provides banks with the opportunity to seek to obtain a competitive financial advantage by utilising a less rigorous standard of Sharia governance. In order to counter the logics of neoliberal capitalism which result in banks ‘shopping around’ for favourable interpretations, this thesis concludes that Sharia governance should be part of an integrated and standardised system of Islamic corporate governance.
Subjects/Keywords: 346
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APA (6th Edition):
Alaydan, S. (2016). Islamic finance, Sharia non-compliance and the standardisation of Sharia governance. (Doctoral Dissertation). University of Westminster. Retrieved from https://westminsterresearch.westminster.ac.uk/item/q2w26/islamic-finance-sharia-non-compliance-and-the-standardisation-of-sharia-governance ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723184
Chicago Manual of Style (16th Edition):
Alaydan, Sultan. “Islamic finance, Sharia non-compliance and the standardisation of Sharia governance.” 2016. Doctoral Dissertation, University of Westminster. Accessed March 04, 2021.
https://westminsterresearch.westminster.ac.uk/item/q2w26/islamic-finance-sharia-non-compliance-and-the-standardisation-of-sharia-governance ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723184.
MLA Handbook (7th Edition):
Alaydan, Sultan. “Islamic finance, Sharia non-compliance and the standardisation of Sharia governance.” 2016. Web. 04 Mar 2021.
Vancouver:
Alaydan S. Islamic finance, Sharia non-compliance and the standardisation of Sharia governance. [Internet] [Doctoral dissertation]. University of Westminster; 2016. [cited 2021 Mar 04].
Available from: https://westminsterresearch.westminster.ac.uk/item/q2w26/islamic-finance-sharia-non-compliance-and-the-standardisation-of-sharia-governance ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723184.
Council of Science Editors:
Alaydan S. Islamic finance, Sharia non-compliance and the standardisation of Sharia governance. [Doctoral Dissertation]. University of Westminster; 2016. Available from: https://westminsterresearch.westminster.ac.uk/item/q2w26/islamic-finance-sharia-non-compliance-and-the-standardisation-of-sharia-governance ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723184
15.
Sharbatly, Abdulaziz.
Risk regulation in Islamic banking : does Saudi Arabia need to adopt the risk regulation practices of Basel?.
Degree: PhD, 2016, University of Westminster
URL: https://westminsterresearch.westminster.ac.uk/item/9zyvq/risk-regulation-in-islamic-banking-does-saudi-arabia-need-to-adopt-the-risk-regulation-practices-of-basel
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.704128
► Proponents of Islamic finance often argue that the success of Islamic banks in the UK and Malaysia during the 2007-8 Financial Crisis is proof of…
(more)
▼ Proponents of Islamic finance often argue that the success of Islamic banks in the UK and Malaysia during the 2007-8 Financial Crisis is proof of the proposition that all Islamic banks (IBs) are immune from sub-prime-mortgage type shocks. The implementation of Basel practices in Saudi Arabia will be very difficult and is likely through various challenges. However, it is arguable that such practices may bring about change in a substantial way in the UAE market. Thus, this thesis will discuss features of IBs in the UK and Malaysia, and discuss the areas in which the Saudi market is mired in less risk than conventional markets in the UK and Malaysia. Using a qualitative methodology, this research sought to answer the primary research question, that is, “Does Saudi Arabia Need to Adopt the Risk Regulation Practices of Basel?” To be able to accurately answer this main question, it is necessary to determine whether the standardisation of accounting practices and regulatory principles can enhance Islamic finance organisations. It is likewise necessary to determine whether the Basel framework can be internalized by Islamic financial institutions to solve issues such as the inadequate coordination of financial markets in Saudi Arabia. The research sought to consider whether legal secularisation could be reconciled with Islamic models of finance in order to standardise banking processes across jurisdictions. It is vital to discuss this research problem as it is evident that Islamic banks are, by design, “safer” than conventional banks, which take fewer risks than conventional banking systems. Its ability to withstand the 2007-8 Financial Crisis can serve as example to other banking systems to follow to prevent the debilitating effects such a crisis can provide to the global financial system and the worldwide economy as a whole. This paper also discusses inherent risks in dealing with Saudi banks caused by structural weaknesses in the Saudi economy, further caused by a lack of transparency. Research from the content analysis and literature review demonstrated that certain components of Malaysian banking and banking in the UK, including Basel Frameworks (I, II, and III) can be adopted by the Islamic financial model in order to improve the overall banking structure in Saudi Arabia. Whilst Islamic accounting standards do not need to be as rigorous as some Basel Frameworks discussed in the study, implications for positive social change in Saudi Arabia include adopting policies which specialise in clearing defining risk management and policies which focus on improving corporate governance and bolstering transparency in Saudi markets. The central argument of this research therefore, is that the incorporation of pertinent Basel components, as well as those from the Malaysia and UK banking system, into the KSA banking system, will bring about improvements to the latter’s overall banking structure.
Subjects/Keywords: 346
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APA (6th Edition):
Sharbatly, A. (2016). Risk regulation in Islamic banking : does Saudi Arabia need to adopt the risk regulation practices of Basel?. (Doctoral Dissertation). University of Westminster. Retrieved from https://westminsterresearch.westminster.ac.uk/item/9zyvq/risk-regulation-in-islamic-banking-does-saudi-arabia-need-to-adopt-the-risk-regulation-practices-of-basel ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.704128
Chicago Manual of Style (16th Edition):
Sharbatly, Abdulaziz. “Risk regulation in Islamic banking : does Saudi Arabia need to adopt the risk regulation practices of Basel?.” 2016. Doctoral Dissertation, University of Westminster. Accessed March 04, 2021.
https://westminsterresearch.westminster.ac.uk/item/9zyvq/risk-regulation-in-islamic-banking-does-saudi-arabia-need-to-adopt-the-risk-regulation-practices-of-basel ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.704128.
MLA Handbook (7th Edition):
Sharbatly, Abdulaziz. “Risk regulation in Islamic banking : does Saudi Arabia need to adopt the risk regulation practices of Basel?.” 2016. Web. 04 Mar 2021.
Vancouver:
Sharbatly A. Risk regulation in Islamic banking : does Saudi Arabia need to adopt the risk regulation practices of Basel?. [Internet] [Doctoral dissertation]. University of Westminster; 2016. [cited 2021 Mar 04].
Available from: https://westminsterresearch.westminster.ac.uk/item/9zyvq/risk-regulation-in-islamic-banking-does-saudi-arabia-need-to-adopt-the-risk-regulation-practices-of-basel ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.704128.
Council of Science Editors:
Sharbatly A. Risk regulation in Islamic banking : does Saudi Arabia need to adopt the risk regulation practices of Basel?. [Doctoral Dissertation]. University of Westminster; 2016. Available from: https://westminsterresearch.westminster.ac.uk/item/9zyvq/risk-regulation-in-islamic-banking-does-saudi-arabia-need-to-adopt-the-risk-regulation-practices-of-basel ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.704128
Durham University
16.
Morley, Sarah Emily.
Takeover litigation : the US does it more than the UK, but why and does it matter?.
Degree: PhD, 2017, Durham University
URL: http://etheses.dur.ac.uk/12228/
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.716354
► This thesis begins by describing the regulatory regimes of takeovers in the UK and US, and maps the litigation landscapes of both jurisdictions. In order…
(more)
▼ This thesis begins by describing the regulatory regimes of takeovers in the UK and US, and maps the litigation landscapes of both jurisdictions. In order to first map or describe the litigation landscapes, data was collected to reveal the extent of the UK’s propensity to litigate during takeovers. Although data ascertaining takeover litigation levels existed in the US no current study had yet established the levels in the UK. It is revealed that in the US 87 percent of takeovers are subject to litigation, whilst in the UK the figure is less than one percent. Current literature has not yet attempted to explain exactly why the US and UK differ so widely, considering their very similar market systems. The focus of this thesis is then to explain this difference and debunk some of the more obvious presumed explanations (i.e. “the US is just more aggressively litigious”) and identify some lesser known reasons. As the main instigators of US litigation are target shareholders alleging their directors have breached a fiduciary duty a number of explanations inevitably arise from this particular scenario. A simplistic uni-causal explanation is therefore rejected and instead this thesis offers four candidates for explaining the disparity. These are, firstly, that US shareholders benefit from more extensive “causes of action.” The second explanation encompasses the different “forms of action” that are available to shareholders in the UK and US to pursue these causes of action; in the US the class action is the favoured form whereas in the UK shareholders are limited to the derivative claim. The third explanation concerns the role played by the existence of the Code, and its administration by the Panel. It is argued that these UK institutions do much to suppress takeover litigation in general. The fourth and final explanation is the rather amorphous concept of “litigation culture.” Finally, the impacts of the diverging propensities to litigate on factors such as cost and speed on the takeover process are then evaluated.
Subjects/Keywords: 346
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APA (6th Edition):
Morley, S. E. (2017). Takeover litigation : the US does it more than the UK, but why and does it matter?. (Doctoral Dissertation). Durham University. Retrieved from http://etheses.dur.ac.uk/12228/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.716354
Chicago Manual of Style (16th Edition):
Morley, Sarah Emily. “Takeover litigation : the US does it more than the UK, but why and does it matter?.” 2017. Doctoral Dissertation, Durham University. Accessed March 04, 2021.
http://etheses.dur.ac.uk/12228/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.716354.
MLA Handbook (7th Edition):
Morley, Sarah Emily. “Takeover litigation : the US does it more than the UK, but why and does it matter?.” 2017. Web. 04 Mar 2021.
Vancouver:
Morley SE. Takeover litigation : the US does it more than the UK, but why and does it matter?. [Internet] [Doctoral dissertation]. Durham University; 2017. [cited 2021 Mar 04].
Available from: http://etheses.dur.ac.uk/12228/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.716354.
Council of Science Editors:
Morley SE. Takeover litigation : the US does it more than the UK, but why and does it matter?. [Doctoral Dissertation]. Durham University; 2017. Available from: http://etheses.dur.ac.uk/12228/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.716354
University of Leeds
17.
Butler, Nicolette.
The state of international arbitration : the possibility of establishing an appeal mechanism.
Degree: PhD, 2012, University of Leeds
URL: http://etheses.whiterose.ac.uk/3361/
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.566334
► Currently most international investment disputes are settled through investment arbitration. Investment arbitration is not carried out by a single omnipotent body or court; rather, it…
(more)
▼ Currently most international investment disputes are settled through investment arbitration. Investment arbitration is not carried out by a single omnipotent body or court; rather, it is carried out by a number of different bodies (including permanent arbitral institutions as well as ad hoc tribunals). These different institutions and tribunals often produce diametrically opposing decisions (which are final and binding), in cases where similar or even the same facts are at stake. This is possible because binding precedent and stare decisis do not operate in international investment arbitration. The conflicting decisions that are being made are causing a crisis of consistency and uniformity in international investment arbitration. In order to address this crisis and reduce the capacity for inconsistent decisions to occur, commentators have suggested various reforms to the system of international investment arbitration. One suggestion that has been put forward is the introduction of an appeal mechanism. The primary objective of this thesis is to examine this proposal in detail. The thesis explores the debate around the possible establishment of an appeals facility, analysing the basis of the call for, as well as the potential advantages and disadvantages of an appellate mechanism. It is submitted that the basis of the call has been established and that the benefits would outweigh any demerits. Accordingly, the thesis moves on to explore how an appeals facility might best be introduced. A few suggestions have been made in this regard in the past, including the creation of a centralised world investment court. This and indeed others will be closely examined in this work, Finally, the thesis will consider whether any existing international or regional dispute settlement mechanisms could serve as inspiration for any future reforms to the system of international investment arbitration.
Subjects/Keywords: 346
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APA (6th Edition):
Butler, N. (2012). The state of international arbitration : the possibility of establishing an appeal mechanism. (Doctoral Dissertation). University of Leeds. Retrieved from http://etheses.whiterose.ac.uk/3361/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.566334
Chicago Manual of Style (16th Edition):
Butler, Nicolette. “The state of international arbitration : the possibility of establishing an appeal mechanism.” 2012. Doctoral Dissertation, University of Leeds. Accessed March 04, 2021.
http://etheses.whiterose.ac.uk/3361/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.566334.
MLA Handbook (7th Edition):
Butler, Nicolette. “The state of international arbitration : the possibility of establishing an appeal mechanism.” 2012. Web. 04 Mar 2021.
Vancouver:
Butler N. The state of international arbitration : the possibility of establishing an appeal mechanism. [Internet] [Doctoral dissertation]. University of Leeds; 2012. [cited 2021 Mar 04].
Available from: http://etheses.whiterose.ac.uk/3361/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.566334.
Council of Science Editors:
Butler N. The state of international arbitration : the possibility of establishing an appeal mechanism. [Doctoral Dissertation]. University of Leeds; 2012. Available from: http://etheses.whiterose.ac.uk/3361/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.566334
University of Leeds
18.
Al Azri, Moosa Salim Jabir.
Foreign investment in the Sultanate of Oman : legal guarantees and weaknesses in providing investment protection.
Degree: PhD, 2016, University of Leeds
URL: http://etheses.whiterose.ac.uk/16084/
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.701732
► As a developing country, the Sultanate of Oman finds it relatively challenging to balance foreign investment protection whilst safeguarding its national sovereignty and interests; however,…
(more)
▼ As a developing country, the Sultanate of Oman finds it relatively challenging to balance foreign investment protection whilst safeguarding its national sovereignty and interests; however, it recognizes the importance of providing the necessary legal protection for foreign investors. This is the first study to examine foreign investment protection in Oman. It identifies existing guarantees and weaknesses in protecting foreign investment within the Omani legal system and establishes how this level of protection could be enhanced from a legal perspective. It examines the extent of Oman’s existing legal obligations under the terms of the multilateral and bilateral investment agreements to which it is a signatory, to examine the role they play in safeguarding foreign investors’ rights. It also investigates the effectiveness of Oman’s dispute settlement mechanisms for resolving foreign investment disputes. Oman’s administrative policies and practices relating to foreign investment are analysed in order to pinpoint any shortcomings in the current system for enforcing foreign investment legislation. Based on these findings, policy recommendations are made which are intended to improve the protection offered to foreign investment in Oman whilst allowing Oman the necessary degree of protection to its own public policy space. This study concludes that Oman have taken the approach to provide adequate legal protection for foreign investment. In addition, in the context of the development of international investment law, the Al-Tamimi case in particular illustrates the need for Omani legislation and legal practice to strike a balance between protecting foreign investors' rights and safeguarding national interests. Moreover, Oman cannot reduce any guarantees in its international agreements, particularly with regard to seeking international dispute resolution, unless it can guarantee an efficient national legal system and dispute resolution mechanism. Whilst improved legal protection plays an important role in attracting foreign investment, this needs to be part of a broader strategy aimed at making the Sultanate a desirable destination for overseas investors. Thus, this study recommends that in order to enhance protection for current foreign investors and attract future investment Oman needs to establish a specialised investment council with a unified policy, making it easy to do business in the Sultanate. This initiative needs to be supported by a new national arbitration centre in Oman and training to upskill the Omani judges and workforce.
Subjects/Keywords: 346
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MLA ·
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Export
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Manager
APA (6th Edition):
Al Azri, M. S. J. (2016). Foreign investment in the Sultanate of Oman : legal guarantees and weaknesses in providing investment protection. (Doctoral Dissertation). University of Leeds. Retrieved from http://etheses.whiterose.ac.uk/16084/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.701732
Chicago Manual of Style (16th Edition):
Al Azri, Moosa Salim Jabir. “Foreign investment in the Sultanate of Oman : legal guarantees and weaknesses in providing investment protection.” 2016. Doctoral Dissertation, University of Leeds. Accessed March 04, 2021.
http://etheses.whiterose.ac.uk/16084/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.701732.
MLA Handbook (7th Edition):
Al Azri, Moosa Salim Jabir. “Foreign investment in the Sultanate of Oman : legal guarantees and weaknesses in providing investment protection.” 2016. Web. 04 Mar 2021.
Vancouver:
Al Azri MSJ. Foreign investment in the Sultanate of Oman : legal guarantees and weaknesses in providing investment protection. [Internet] [Doctoral dissertation]. University of Leeds; 2016. [cited 2021 Mar 04].
Available from: http://etheses.whiterose.ac.uk/16084/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.701732.
Council of Science Editors:
Al Azri MSJ. Foreign investment in the Sultanate of Oman : legal guarantees and weaknesses in providing investment protection. [Doctoral Dissertation]. University of Leeds; 2016. Available from: http://etheses.whiterose.ac.uk/16084/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.701732
19.
Alshowish, Abdullah.
An evaluation of the current rules and regulatory framework of corporate governance in Saudi Arabia : a critical study in order to promote an attractive business environment.
Degree: PhD, 2016, Lancaster University
URL: https://eprints.lancs.ac.uk/id/eprint/82805/
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695912
► The importance of a good awareness of the corporate governance system nowadays, as a mechanism that is helping towards achieving a successful and reformed business…
(more)
▼ The importance of a good awareness of the corporate governance system nowadays, as a mechanism that is helping towards achieving a successful and reformed business environment, is self-evident, especially in the light of the crises, recessions and corporate failures that the world is currently facing. However, the legal and regulatory frameworks of any country are important factors that contribute towards the success of the corporate governance system based on principles of justice, accountability and transparency, so that market participants can trust the market to establish effective contractual relations. Developing countries in this context are more likely to suffer from a lack of accountability and transparency, and are more vulnerable to having problems with the business environment; Saudi Arabia is no exception. The pursuit of improved corporate governance practices needs to be combined with improvements to legal, regulatory and enforcement tools, as well as institutional reform, in order to balance the interests of all parties involved in a company’s interests. Moreover, there are different levels of corporate governance frameworks, such as legal and regulatory, self-regulatory arrangements, and the history and tradition of the country which varies from one place to another. Therefore, corporate governance codes and regulations as a form of soft law could be used to complement the legislative and regulatory framework of corporate governance to provide more flexibility. However, not every successful aspect can be copied from one country to another country, as it may not work effectively due to the context varying according to the country's specific circumstances. Therefore, there is a very important need to review, reform, and adjust corporate governance framework provisions in order to ensure they are suitable and updated to meet the new surrounding circumstances, which will be reflected in the integrity of the market and the country’s economic performance. Likewise, there is a need to benefit from supranational organisations through international dialogue, such as with the OECD and the World Bank to learn from their experiences and benchmarks. There are different levels of legalisation and institutional frameworks that are related to corporate governance in the Saudi Arabian case, and the corporate governance code has been adopted from other jurisdiction after a series of arrangements to make it suitable and applicable in Saudi. Thus, the adoption of a new concept in a challenging and different legal and cultural environment needs to be examined. Starting with Sharia, the capacity to accept and absorb a new concept such as corporate governance, with the different structure of institutional and legal frameworks, could present a challenge; as well as society and culture also playing a crucial role in this context. This study aims to evaluate and critically analyse the current rules and regulations of frameworks of corporate governance in Saudi Arabia in order to create an attractive business environment. So,…
Subjects/Keywords: 346
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APA ·
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MLA ·
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Export
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Manager
APA (6th Edition):
Alshowish, A. (2016). An evaluation of the current rules and regulatory framework of corporate governance in Saudi Arabia : a critical study in order to promote an attractive business environment. (Doctoral Dissertation). Lancaster University. Retrieved from https://eprints.lancs.ac.uk/id/eprint/82805/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695912
Chicago Manual of Style (16th Edition):
Alshowish, Abdullah. “An evaluation of the current rules and regulatory framework of corporate governance in Saudi Arabia : a critical study in order to promote an attractive business environment.” 2016. Doctoral Dissertation, Lancaster University. Accessed March 04, 2021.
https://eprints.lancs.ac.uk/id/eprint/82805/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695912.
MLA Handbook (7th Edition):
Alshowish, Abdullah. “An evaluation of the current rules and regulatory framework of corporate governance in Saudi Arabia : a critical study in order to promote an attractive business environment.” 2016. Web. 04 Mar 2021.
Vancouver:
Alshowish A. An evaluation of the current rules and regulatory framework of corporate governance in Saudi Arabia : a critical study in order to promote an attractive business environment. [Internet] [Doctoral dissertation]. Lancaster University; 2016. [cited 2021 Mar 04].
Available from: https://eprints.lancs.ac.uk/id/eprint/82805/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695912.
Council of Science Editors:
Alshowish A. An evaluation of the current rules and regulatory framework of corporate governance in Saudi Arabia : a critical study in order to promote an attractive business environment. [Doctoral Dissertation]. Lancaster University; 2016. Available from: https://eprints.lancs.ac.uk/id/eprint/82805/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695912
20.
Jeeballah, Abubaker Musbah Imsayib.
To what extent does the Libyan shareholder protection regime offer equivalent protection to that found in similar selected corporate law systems?.
Degree: PhD, 2016, Lancaster University
URL: https://eprints.lancs.ac.uk/id/eprint/80222/
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.689214
► The application of “majority rule” within the company has the potential to lead to unfair results either for the minority shareholders or for the company…
(more)
▼ The application of “majority rule” within the company has the potential to lead to unfair results either for the minority shareholders or for the company itself, hence, it is the task of the legislature to provide minority shareholders with a matrix of rules that seek to protect them from misguided managerial behaviour. In that regard, this thesis set out to examine to what extent the Libyan shareholder protection regime offers equivalent protection to that found in the English and Moroccan corporate law regimes. It evaluates the current level of protection that is offered to minority shareholders in Libya in comparison with that available in England and Morocco in order to participate in a reform programme aimed at establishing a sufficient system of corporate governance in Libya via enhancing the rules that protect the minority shareholder. The reliance on a comparative study in this thesis is based on an assumption that law should be assessed from a wide perspective and the experience of other jurisdictions should be taken into account in order to reform the current law by establishing a high standard level of protection for the minority shareholders. Such reform would grant shareholders a degree of confidence which is considered a necessary step to attract investments and develop the economic strength of the whole country. The conclusion of this work reveals several weaknesses and serious shortcoming in the Libyan corporate law regime, thereby it provides a basis for suggestions on how to improve minority shareholder protection in Libya based on the English and Moroccan experience. In that process, some suggestions and recommendations are provided which is the purpose of this work and the hope is that they will be taken on board in any proposal for reform in Libya. The study recommends a reform in the existing rules of minority shareholder protection in order to create an effective system of safeguards for the minority shareholders. Such reforms promise domestic and foreign investors that all companies under Libyan laws are managed, directed and controlled by upright, truthful, honest and efficient managers. This work will also pave the way for further studies that might be conducted in order to further enhance a robust system of corporate governance in Libya which would contribute to the growth of the national economy.
Subjects/Keywords: 346
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Manager
APA (6th Edition):
Jeeballah, A. M. I. (2016). To what extent does the Libyan shareholder protection regime offer equivalent protection to that found in similar selected corporate law systems?. (Doctoral Dissertation). Lancaster University. Retrieved from https://eprints.lancs.ac.uk/id/eprint/80222/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.689214
Chicago Manual of Style (16th Edition):
Jeeballah, Abubaker Musbah Imsayib. “To what extent does the Libyan shareholder protection regime offer equivalent protection to that found in similar selected corporate law systems?.” 2016. Doctoral Dissertation, Lancaster University. Accessed March 04, 2021.
https://eprints.lancs.ac.uk/id/eprint/80222/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.689214.
MLA Handbook (7th Edition):
Jeeballah, Abubaker Musbah Imsayib. “To what extent does the Libyan shareholder protection regime offer equivalent protection to that found in similar selected corporate law systems?.” 2016. Web. 04 Mar 2021.
Vancouver:
Jeeballah AMI. To what extent does the Libyan shareholder protection regime offer equivalent protection to that found in similar selected corporate law systems?. [Internet] [Doctoral dissertation]. Lancaster University; 2016. [cited 2021 Mar 04].
Available from: https://eprints.lancs.ac.uk/id/eprint/80222/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.689214.
Council of Science Editors:
Jeeballah AMI. To what extent does the Libyan shareholder protection regime offer equivalent protection to that found in similar selected corporate law systems?. [Doctoral Dissertation]. Lancaster University; 2016. Available from: https://eprints.lancs.ac.uk/id/eprint/80222/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.689214
University of Leicester
21.
Al Shuraian, Fatemah Abdulla.
Market manipulation in Kuwait stock exchange : an analysis of the regulation of market manipulation prior and under Law no. 7 of 2010.
Degree: PhD, 2014, University of Leicester
URL: https://figshare.com/articles/Market_manipulation_in_Kuwait_stock_exchange_an_analysis_of_the_regulation_of_market_manipulation_prior_and_under_Law_no_7_of_2010/10125380
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602670
► There are many practises that affect and harm the integrity of financial markets. These acts fall under the general title of ”Market Abuse”. This title…
(more)
▼ There are many practises that affect and harm the integrity of financial markets. These acts fall under the general title of ”Market Abuse”. This title can be divided into two main forms, insider dealing and market manipulation. This research primarily aimed at exploring the regulation of market manipulation in Kuwaiti law. Market manipulation practises came under regulation for the first time via Law No. 7 in 2010. Therefore, it is essential to differentiate between the periods; before and after the issuance of this law. Hence, there are four main objectives to this study: 1) define market manipulation and its common forms, 2) explore the applicability of criminal and civil Kuwaiti law to market manipulation practises prior Law No. 7, 3) critically evaluate how well this law covers the forms of market manipulation identified and 4) evaluate how effective the law is through its enforcement and implementation. To achieve these objectives, different methods have been followed. Overall, this research follows a critical analysis approach. In addition, the extant literature has been explored. The evaluation of Law No. 7 has been conducted using the more established regulatory law, the FSMA 2000, was taken as a basis for the analysis and evaluation. It has been found that prior to Law No. 7 of 2010, regulation of market manipulation practises was almost non-existent. Law No. 7 of 2010 does largely cover most forms of market manipulation, excluding stabilizing the security price and information based on manipulation of forms. Civil penalties, as compared with those in the UK, tend to be lenient, which may prove problematic in deterring manipulative practises. Judges in general also lack the experience and confidence to apply and enforce sanctions regarding manipulative practises yet it must be noted that the law has not been in action for very long. Thus, it is recommended that the fourth objective of the study be repeated after the law has been in place for several years to reassess its success in combating manipulative practises.
Subjects/Keywords: 346
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APA ·
Chicago ·
MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Al Shuraian, F. A. (2014). Market manipulation in Kuwait stock exchange : an analysis of the regulation of market manipulation prior and under Law no. 7 of 2010. (Doctoral Dissertation). University of Leicester. Retrieved from https://figshare.com/articles/Market_manipulation_in_Kuwait_stock_exchange_an_analysis_of_the_regulation_of_market_manipulation_prior_and_under_Law_no_7_of_2010/10125380 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602670
Chicago Manual of Style (16th Edition):
Al Shuraian, Fatemah Abdulla. “Market manipulation in Kuwait stock exchange : an analysis of the regulation of market manipulation prior and under Law no. 7 of 2010.” 2014. Doctoral Dissertation, University of Leicester. Accessed March 04, 2021.
https://figshare.com/articles/Market_manipulation_in_Kuwait_stock_exchange_an_analysis_of_the_regulation_of_market_manipulation_prior_and_under_Law_no_7_of_2010/10125380 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602670.
MLA Handbook (7th Edition):
Al Shuraian, Fatemah Abdulla. “Market manipulation in Kuwait stock exchange : an analysis of the regulation of market manipulation prior and under Law no. 7 of 2010.” 2014. Web. 04 Mar 2021.
Vancouver:
Al Shuraian FA. Market manipulation in Kuwait stock exchange : an analysis of the regulation of market manipulation prior and under Law no. 7 of 2010. [Internet] [Doctoral dissertation]. University of Leicester; 2014. [cited 2021 Mar 04].
Available from: https://figshare.com/articles/Market_manipulation_in_Kuwait_stock_exchange_an_analysis_of_the_regulation_of_market_manipulation_prior_and_under_Law_no_7_of_2010/10125380 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602670.
Council of Science Editors:
Al Shuraian FA. Market manipulation in Kuwait stock exchange : an analysis of the regulation of market manipulation prior and under Law no. 7 of 2010. [Doctoral Dissertation]. University of Leicester; 2014. Available from: https://figshare.com/articles/Market_manipulation_in_Kuwait_stock_exchange_an_analysis_of_the_regulation_of_market_manipulation_prior_and_under_Law_no_7_of_2010/10125380 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602670
Durham University
22.
Cole, Edward David Terence.
Establishing 'loss of possession' in marine insurance claims.
Degree: PhD, 2016, Durham University
URL: http://etheses.dur.ac.uk/11787/
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695019
► To what extent should insureds expect compensation on interruption to their voyage by loss of possession or free use or disposal of their property where…
(more)
▼ To what extent should insureds expect compensation on interruption to their voyage by loss of possession or free use or disposal of their property where it remains undamaged? Marine insurance does not compensate for partial losses occasioned by delay. Recent authority (Masefield v Amlin Corporate Member) confirmed an insured could not recover for an actual total loss following capture where pirates would accept ransom then release the property. Property was not an actual total loss even after condemnation by a foreign tribunal (Panamanian Oriental Steamship Corporation v Wright), although condemnation might establish constructive total loss. Where the voyage becomes impossible by detention or embargo, the insured’s right to abandon to insurers for constructive total loss may be unpredictable (eg after one year’s duration in The Bamburi). In each scenario, insurers are excused making prompt payments, and from dealing themselves with the consequences of the peril. In each the insured is either uncompensated, or at best must wait. These authorities document an evolution; historically, English and American laws allowed the insured to abandon and recover for a total loss while these perils lasted, ignoring ongoing hopes of recovery. This thesis argues that a presumption of total loss still applies to all perils causing loss of possession. This appeared first in Continental treatises and was later applied in English law. No universal test of total loss applies equally to all marine perils. Instead, situations of loss of possession should be governed by peril-specific rules, including the presumption of total loss for perils causing loss of possession.
Subjects/Keywords: 346
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APA (6th Edition):
Cole, E. D. T. (2016). Establishing 'loss of possession' in marine insurance claims. (Doctoral Dissertation). Durham University. Retrieved from http://etheses.dur.ac.uk/11787/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695019
Chicago Manual of Style (16th Edition):
Cole, Edward David Terence. “Establishing 'loss of possession' in marine insurance claims.” 2016. Doctoral Dissertation, Durham University. Accessed March 04, 2021.
http://etheses.dur.ac.uk/11787/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695019.
MLA Handbook (7th Edition):
Cole, Edward David Terence. “Establishing 'loss of possession' in marine insurance claims.” 2016. Web. 04 Mar 2021.
Vancouver:
Cole EDT. Establishing 'loss of possession' in marine insurance claims. [Internet] [Doctoral dissertation]. Durham University; 2016. [cited 2021 Mar 04].
Available from: http://etheses.dur.ac.uk/11787/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695019.
Council of Science Editors:
Cole EDT. Establishing 'loss of possession' in marine insurance claims. [Doctoral Dissertation]. Durham University; 2016. Available from: http://etheses.dur.ac.uk/11787/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695019
King's College London (University of London)
23.
Hossein Abadi, Shokouh.
Power in investor-state arbitration.
Degree: PhD, 2014, King's College London (University of London)
URL: https://kclpure.kcl.ac.uk/portal/en/theses/power-in-investorstate-arbitration(8508ad2f-79af-4cb5-bd56-db13ba62eaf7).html
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.634191
► International investment has significantly increased in the recent decades. Because of the specific nature of host states and investors, power is of one of the…
(more)
▼ International investment has significantly increased in the recent decades. Because of the specific nature of host states and investors, power is of one of the most critical dynamics of this field. Despite its importance, power has been a neglected area of research in investment. Power is a complex, but highly essential concept, which can be conceptualised from different dimensions. In investor-state arbitration relationship, the three principal players have different forms of power: legal, economic, and political. This thesis argues that arbitrators have a crucial role in enhancing legitimacy and effectiveness of investment arbitration system. They can function this task through their legal powers. Firstly by complying with the main principles of the rule of law, including equality before the law, impartiality and independence, and procedural justice, arbitrators can secure the legitimacy of investment arbitration system. Secondly by balancing power inequalities and conflict of interests of the parties, on the basis of the principles of inequality of bargaining power and proportionality, arbitrators can contribute in increasing the effectiveness of the system. Thus the legitimacy and effectiveness of the investment arbitration system is contingent to power dynamic. The effect of legitimacy is to maintain sustainability, and the impact of effectiveness is to secure the development of the system. Thus power in investment arbitration, as the focus of this thesis, has a fundamental role on sustainability and development of investment arbitration as well as international investment system as a whole. Consequently power as a latent, but essential factor in investment arbitration, shall be scrutinised.
Subjects/Keywords: 346
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APA (6th Edition):
Hossein Abadi, S. (2014). Power in investor-state arbitration. (Doctoral Dissertation). King's College London (University of London). Retrieved from https://kclpure.kcl.ac.uk/portal/en/theses/power-in-investorstate-arbitration(8508ad2f-79af-4cb5-bd56-db13ba62eaf7).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.634191
Chicago Manual of Style (16th Edition):
Hossein Abadi, Shokouh. “Power in investor-state arbitration.” 2014. Doctoral Dissertation, King's College London (University of London). Accessed March 04, 2021.
https://kclpure.kcl.ac.uk/portal/en/theses/power-in-investorstate-arbitration(8508ad2f-79af-4cb5-bd56-db13ba62eaf7).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.634191.
MLA Handbook (7th Edition):
Hossein Abadi, Shokouh. “Power in investor-state arbitration.” 2014. Web. 04 Mar 2021.
Vancouver:
Hossein Abadi S. Power in investor-state arbitration. [Internet] [Doctoral dissertation]. King's College London (University of London); 2014. [cited 2021 Mar 04].
Available from: https://kclpure.kcl.ac.uk/portal/en/theses/power-in-investorstate-arbitration(8508ad2f-79af-4cb5-bd56-db13ba62eaf7).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.634191.
Council of Science Editors:
Hossein Abadi S. Power in investor-state arbitration. [Doctoral Dissertation]. King's College London (University of London); 2014. Available from: https://kclpure.kcl.ac.uk/portal/en/theses/power-in-investorstate-arbitration(8508ad2f-79af-4cb5-bd56-db13ba62eaf7).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.634191
University of Dundee
24.
Muhammad, Nasiruddeen.
Legitimate expectations in investment treaty arbitration : balancing between state's legitimate regulatory functions and investor's legitimate expectations.
Degree: Thesis (D.Laws), 2015, University of Dundee
URL: https://discovery.dundee.ac.uk/en/studentTheses/2e4fa295-67da-4e0a-b6b2-338a138bccfc
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669200
► One of the impacts of globalization on the nation states across the globe is how the system reduces governmental intervention and weakens governmental control over…
(more)
▼ One of the impacts of globalization on the nation states across the globe is how the system reduces governmental intervention and weakens governmental control over many activities within a state's territory. From the governance perspective, states regulate and administer affairs within their territories in accordance with their constitutional mandates of satisfying fundamental objectives of their needs; the extent to which states can satisfy those needs is critically dependent on their ability to pursue public interest oriented policies for meeting the basic needs and for further development of its citizens i.e. for the public good. However, as the tasks of states entail regulation and administration for public purpose, it carries the risk of infringement of private interest or unfair treatment against private entities operating within the state. The complex nature of the investor - state relationship, therefore, provides a lush ground for tension and conflict between public and private interests. Private interests in this context, are the state's commitments to the foreign investors covered by investment treaty jurisprudence, while public interests are the domestic needs regarding public good also linked to compliance with other non-investment albeit international obligations. Under various domestic legal orders and some international law regimes, there is a well-developed principle of legitimate expectations which allows courts and domestic tribunals to filter, both, the legitimacy of individual's expectations and public interest dimension of governmental activities. In investment treaty arbitration, however, this tool or mechanism is lacking. The practice of the investment treaty (ad hoc) tribunals reveals the worrying degree of inconsistency and lack of coherence in the analysis of formulation and application of the principle of legitimate expectations. The principle as applied by investment treaty tribunals can be understood as 'reliance by foreign investor' caused by 'a state through its representation, conduct, or established legal framework', pursuant to which the foreign investor suffers damage or loss emanating from the state's regulatory or administrative measure. While Claimants in investment treaty arbitration are increasingly relying on the principle to frame their claims, its contours remain unsettled. In addition to the varying degrees of ambiguity in the formulation of the principle, the reach of its application raises the tension of overlap with a public interest dimension of the state's regulatory and administrative functions, particularly in the areas of human rights, public health, environment, and necessity measures or public choice. This thesis uses the doctrine of 'margin of appreciation' as an analytical framework for a comparative approach methodology. The doctrine of margin of appreciation as a public law tool could serve as a lens through which investment treaty tribunals could both formulate and apply the principle of legitimate expectations without obscuring the regulatory and…
Subjects/Keywords: 346
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APA (6th Edition):
Muhammad, N. (2015). Legitimate expectations in investment treaty arbitration : balancing between state's legitimate regulatory functions and investor's legitimate expectations. (Doctoral Dissertation). University of Dundee. Retrieved from https://discovery.dundee.ac.uk/en/studentTheses/2e4fa295-67da-4e0a-b6b2-338a138bccfc ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669200
Chicago Manual of Style (16th Edition):
Muhammad, Nasiruddeen. “Legitimate expectations in investment treaty arbitration : balancing between state's legitimate regulatory functions and investor's legitimate expectations.” 2015. Doctoral Dissertation, University of Dundee. Accessed March 04, 2021.
https://discovery.dundee.ac.uk/en/studentTheses/2e4fa295-67da-4e0a-b6b2-338a138bccfc ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669200.
MLA Handbook (7th Edition):
Muhammad, Nasiruddeen. “Legitimate expectations in investment treaty arbitration : balancing between state's legitimate regulatory functions and investor's legitimate expectations.” 2015. Web. 04 Mar 2021.
Vancouver:
Muhammad N. Legitimate expectations in investment treaty arbitration : balancing between state's legitimate regulatory functions and investor's legitimate expectations. [Internet] [Doctoral dissertation]. University of Dundee; 2015. [cited 2021 Mar 04].
Available from: https://discovery.dundee.ac.uk/en/studentTheses/2e4fa295-67da-4e0a-b6b2-338a138bccfc ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669200.
Council of Science Editors:
Muhammad N. Legitimate expectations in investment treaty arbitration : balancing between state's legitimate regulatory functions and investor's legitimate expectations. [Doctoral Dissertation]. University of Dundee; 2015. Available from: https://discovery.dundee.ac.uk/en/studentTheses/2e4fa295-67da-4e0a-b6b2-338a138bccfc ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669200
25.
Oraee-Mirzamani, Nikzad.
Sustainability, environmental law and rules-based systems.
Degree: PhD, 2013, Imperial College London
URL: http://hdl.handle.net/10044/1/33129
► The thesis aims to create a rule-based framework in order to facilitate corporate strategy making and regulatory drafting pertaining to sustainable development. To do so,…
(more)
▼ The thesis aims to create a rule-based framework in order to facilitate corporate strategy making and regulatory drafting pertaining to sustainable development. To do so, the premise is set that business sustainability can be broadly categorised in four interdependent pillars, namely, Environmental, Economic and Social sustainability and Corporate Governance. Accordingly, four case studies are devised, each focusing on one of said areas of business sustainability in different industries and business sectors. The findings of each case study are instrumental to the final conclusions of the current thesis. Covering a vast array of examples in corporate behaviour with regards to business sustainability led to the understanding that industries and regulators suffer from a lack of a standardised approach to implement a common theme within sustainability. It is submitted that the current sustainability reporting standards do not distinguish between rules and advantageous reporting criteria. To alleviate this problem the thesis draws from the findings of each case study and devises a rules-based system which drafters of legislation and corporate sustainability strategists can benefit from as a set of guiding norms and principles to aid them in their implementing behaviours. These rules are discretionary in application and non-exhaustive; readers of said framework may choose which rules are most applicable and if so, how they would apply to their circumstances. Therefore, extensive opportunity for further research remains in order to complement the implementation of these rules.
Subjects/Keywords: 346
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APA (6th Edition):
Oraee-Mirzamani, N. (2013). Sustainability, environmental law and rules-based systems. (Doctoral Dissertation). Imperial College London. Retrieved from http://hdl.handle.net/10044/1/33129
Chicago Manual of Style (16th Edition):
Oraee-Mirzamani, Nikzad. “Sustainability, environmental law and rules-based systems.” 2013. Doctoral Dissertation, Imperial College London. Accessed March 04, 2021.
http://hdl.handle.net/10044/1/33129.
MLA Handbook (7th Edition):
Oraee-Mirzamani, Nikzad. “Sustainability, environmental law and rules-based systems.” 2013. Web. 04 Mar 2021.
Vancouver:
Oraee-Mirzamani N. Sustainability, environmental law and rules-based systems. [Internet] [Doctoral dissertation]. Imperial College London; 2013. [cited 2021 Mar 04].
Available from: http://hdl.handle.net/10044/1/33129.
Council of Science Editors:
Oraee-Mirzamani N. Sustainability, environmental law and rules-based systems. [Doctoral Dissertation]. Imperial College London; 2013. Available from: http://hdl.handle.net/10044/1/33129
King's College London (University of London)
26.
Stan, Grigore-Octav.
Valuation approaches in investment arbitration : an analytical and comparative study.
Degree: PhD, 2015, King's College London (University of London)
URL: https://kclpure.kcl.ac.uk/portal/en/theses/valuation-approaches-in-investment-arbitration-an-analytical-and-comparative-study(8f929d14-8689-443f-84d3-79cb9ca6cf68).html
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669573
► The rapid development of investment arbitration, especially during the last two decades, has been followed by extensive academic research and scholarly writings in this field.…
(more)
▼ The rapid development of investment arbitration, especially during the last two decades, has been followed by extensive academic research and scholarly writings in this field. However, these have focused mainly on the legal documents that allow investment arbitration, grounds for the claims brought before investment tribunals, jurisdiction of arbitral tribunals, remedies available to foreign investors, and other similar topics. The calculation of the applicable monetary compensation payable to investors and the assessment of the value of investments have not received extensive attention in such writings even though the main point of interest for the parties involved in investment arbitration usually consists in how much they can gain (in the case of investors) or how much they can lose (in the case of host states) as a result of the arbitration. As the monetary compensation payable to investors as an outcome of investment arbitrations is directly linked to the value of the investments that are negatively affected by host states, the assessment of the value of investments at the centre of arbitral disputes is important for both investors and host states. Given its importance, the present research examines the valuation approaches and methods which may be employed in investment arbitration in order to assess the value of investments. The thesis focuses on the main approaches for the valuation of investments at the centre of disputes (namely the market based, the income based and the asset based valuation approaches); the corresponding valuation methods through which such approaches are implemented; and the basis for their application. The research includes a comparative analysis of the existing valuation instruments. This shows why certain approaches may be used to assess the value of investments in particular arbitration circumstances while others may not. Also, the research points out the importance of correctly correlating the application of the valuation instruments to the context of each investment dispute by reference to at least the type of investment involved, the category of available evidence, and the type of damage incurred by investors. The research uncovers the main advantages and disadvantages of the valuation instruments used in investment disputes. This indicates that the valuation instruments demonstrate a mutual superiority, and also that no complete valuation instrument currently exists. The thesis concludes that the current practice of arbitration tribunals in relation to valuation matters can be improved from several perspectives (i.e. from regulatory, administrative, judicial and theoretical perspectives), and formulates suggestions in this respect.
Subjects/Keywords: 346
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APA ·
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MLA ·
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Export
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APA (6th Edition):
Stan, G. (2015). Valuation approaches in investment arbitration : an analytical and comparative study. (Doctoral Dissertation). King's College London (University of London). Retrieved from https://kclpure.kcl.ac.uk/portal/en/theses/valuation-approaches-in-investment-arbitration-an-analytical-and-comparative-study(8f929d14-8689-443f-84d3-79cb9ca6cf68).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669573
Chicago Manual of Style (16th Edition):
Stan, Grigore-Octav. “Valuation approaches in investment arbitration : an analytical and comparative study.” 2015. Doctoral Dissertation, King's College London (University of London). Accessed March 04, 2021.
https://kclpure.kcl.ac.uk/portal/en/theses/valuation-approaches-in-investment-arbitration-an-analytical-and-comparative-study(8f929d14-8689-443f-84d3-79cb9ca6cf68).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669573.
MLA Handbook (7th Edition):
Stan, Grigore-Octav. “Valuation approaches in investment arbitration : an analytical and comparative study.” 2015. Web. 04 Mar 2021.
Vancouver:
Stan G. Valuation approaches in investment arbitration : an analytical and comparative study. [Internet] [Doctoral dissertation]. King's College London (University of London); 2015. [cited 2021 Mar 04].
Available from: https://kclpure.kcl.ac.uk/portal/en/theses/valuation-approaches-in-investment-arbitration-an-analytical-and-comparative-study(8f929d14-8689-443f-84d3-79cb9ca6cf68).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669573.
Council of Science Editors:
Stan G. Valuation approaches in investment arbitration : an analytical and comparative study. [Doctoral Dissertation]. King's College London (University of London); 2015. Available from: https://kclpure.kcl.ac.uk/portal/en/theses/valuation-approaches-in-investment-arbitration-an-analytical-and-comparative-study(8f929d14-8689-443f-84d3-79cb9ca6cf68).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669573
King's College London (University of London)
27.
Weeraworawit, Chomwan.
Intellectual property and the textiles and fashion industry in developing countries.
Degree: PhD, 2013, King's College London (University of London)
URL: https://kclpure.kcl.ac.uk/portal/en/theses/intellectual-property-and-the-textiles-and-fashion-industry-in-developing-countries(c1412779-7879-4578-8d27-cf9c2c0483f4).html
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.631316
► The liberalisation of the global textiles trade with the end of the Multi-fibre Agreement in January 2005 led to the rise of China as the…
(more)
▼ The liberalisation of the global textiles trade with the end of the Multi-fibre Agreement in January 2005 led to the rise of China as the leading textiles producing country. China’s dominance as a result of lower wages and economies of scale in production meant that not many countries could compete with it. The question which arises is whether there are other forms of competition other than price which is applicable to the global textiles trade and can be used as a tool to develop it. Can the industry survive and grow when intellectual property is captured and protected effectively? The study will focus on the intellectual property system and textiles industry in Thailand and examine how effective intellectual property protection and enforcement might help the Thai industry to survive and grow. The Thai system and experience will be compared to the UK as a model developed country and China as the model developing country. An assessment of the global textiles industry will be followed by a review of the IP legislation of the model countries and Thailand. This is to ascertain what international intellectual property protection is available for textiles and fashion designers and manufacturers. It will be followed by an analysis of the enforcement of IPRs in these countries. The way in which IPRs are enforced and how this enforcement affects its textiles and fashion industry will be significant in determining what could work best for a developing country such as Thailand. Thirdly, empirical research was conducted to determine the attitude of fashion and textiles designers in all three countries as to whether IP plays a role for them. Lastly, recent developments in the UK, China and Thailand in regard to IP policy and the textiles and fashion industries will be examined. The recommendations that will be made to Thailand and the consideration of whether IP can be used as a tool in the textiles and fashion industry in developing countries is part of the larger debate of whether the TRIPS and IPRs can be beneficial to developing countries which forms the context to this thesis.
Subjects/Keywords: 346
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APA ·
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APA (6th Edition):
Weeraworawit, C. (2013). Intellectual property and the textiles and fashion industry in developing countries. (Doctoral Dissertation). King's College London (University of London). Retrieved from https://kclpure.kcl.ac.uk/portal/en/theses/intellectual-property-and-the-textiles-and-fashion-industry-in-developing-countries(c1412779-7879-4578-8d27-cf9c2c0483f4).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.631316
Chicago Manual of Style (16th Edition):
Weeraworawit, Chomwan. “Intellectual property and the textiles and fashion industry in developing countries.” 2013. Doctoral Dissertation, King's College London (University of London). Accessed March 04, 2021.
https://kclpure.kcl.ac.uk/portal/en/theses/intellectual-property-and-the-textiles-and-fashion-industry-in-developing-countries(c1412779-7879-4578-8d27-cf9c2c0483f4).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.631316.
MLA Handbook (7th Edition):
Weeraworawit, Chomwan. “Intellectual property and the textiles and fashion industry in developing countries.” 2013. Web. 04 Mar 2021.
Vancouver:
Weeraworawit C. Intellectual property and the textiles and fashion industry in developing countries. [Internet] [Doctoral dissertation]. King's College London (University of London); 2013. [cited 2021 Mar 04].
Available from: https://kclpure.kcl.ac.uk/portal/en/theses/intellectual-property-and-the-textiles-and-fashion-industry-in-developing-countries(c1412779-7879-4578-8d27-cf9c2c0483f4).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.631316.
Council of Science Editors:
Weeraworawit C. Intellectual property and the textiles and fashion industry in developing countries. [Doctoral Dissertation]. King's College London (University of London); 2013. Available from: https://kclpure.kcl.ac.uk/portal/en/theses/intellectual-property-and-the-textiles-and-fashion-industry-in-developing-countries(c1412779-7879-4578-8d27-cf9c2c0483f4).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.631316
28.
Douillard, Julien.
La privation de propriété comme sanction de la contrefaçon : essai sur le sort des marchandises de contrefaçon : The deprivation of property as a penalty for counterfeiting : essay on the fate of counterfeit goods.
Degree: Docteur es, Droit Privé, 2019, Nantes
URL: http://www.theses.fr/2019NANT3012
► Dans le cadre de l’action en contrefaçon, le législateur a prévu des sanctions s’appliquant aux objets portant atteinte à un droit de propriété intellectuelle. Ces…
(more)
▼ Dans le cadre de l’action en contrefaçon, le législateur a prévu des sanctions s’appliquant aux objets portant atteinte à un droit de propriété intellectuelle. Ces sanctions, qualifiées de privation de propriété, ont pour effet de limiter l’usage, voire de faire perdre la propriété de ces objets qualifiés de contrefaisants. Or, il apparaît que l’encadrement, tant législatif que judiciaire, de ces mesures fait défaut. Les juges ont tendance à ne pas motiver cette sanction pourtant facultative. Par ailleurs, la destruction des marchandises peut être réalisée par les douanes en dehors de toute intervention du juge. Lorsqu’elle est ordonnée à titre provisoire, pour des actes seulement argués de contrefaçon, cette sanction peut paralyser une activité en définitive légitime. La privation de propriété n’apparaît pourtant pas systématiquement nécessaire pour assurer le respect d’un droit de propriété intellectuelle. La contrefaçon ne faisant jamais perdre que l’exclusivité, une mesure d’interdiction peut suffire à faire respecter le droit de propriété intellectuelle. Il s’agit alors de voir comment mettre en œuvre de telles sanctions afin de concilier au mieux les deux propriétés, à une période où les droits fondamentaux gagnent toujours plus en influence.
In the context of the action in counterfeiting, the legislator has provided sanctions applying to goods counterfeiting an intellectual property right. These sanctions, qualified as deprivation of property, have the effect of limiting the use, or even losing the property of these goods qualified as counterfeit. However, it appears that the regulation, both legislative and judicial, of these measures is lacking. Judges tend not to give reasons of this optional sanction. Moreover, the destruction ofgoods can be carried out by customs without any intervention by the judge. When it is provisionally ordered, for only alleged counterfeit acts, this sanction can paralyze an activity that is ultimately legitimate. However, the deprivation of property does not appear to be systematically necessary to ensure the respect for an intellectual property right. Since counterfeiting causes only the loss of exclusivity, a prohibiting measure may be sufficient to enforce intellectual property rights. Thus, thescope of the work should be on implementation of such sanctions in order to reconcile at best the two properties, at a time when fundamental rights are gaining more and more influence.
Advisors/Committee Members: Clavier, Jean-Pierre (thesis director).
Subjects/Keywords: ...; 346
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APA (6th Edition):
Douillard, J. (2019). La privation de propriété comme sanction de la contrefaçon : essai sur le sort des marchandises de contrefaçon : The deprivation of property as a penalty for counterfeiting : essay on the fate of counterfeit goods. (Doctoral Dissertation). Nantes. Retrieved from http://www.theses.fr/2019NANT3012
Chicago Manual of Style (16th Edition):
Douillard, Julien. “La privation de propriété comme sanction de la contrefaçon : essai sur le sort des marchandises de contrefaçon : The deprivation of property as a penalty for counterfeiting : essay on the fate of counterfeit goods.” 2019. Doctoral Dissertation, Nantes. Accessed March 04, 2021.
http://www.theses.fr/2019NANT3012.
MLA Handbook (7th Edition):
Douillard, Julien. “La privation de propriété comme sanction de la contrefaçon : essai sur le sort des marchandises de contrefaçon : The deprivation of property as a penalty for counterfeiting : essay on the fate of counterfeit goods.” 2019. Web. 04 Mar 2021.
Vancouver:
Douillard J. La privation de propriété comme sanction de la contrefaçon : essai sur le sort des marchandises de contrefaçon : The deprivation of property as a penalty for counterfeiting : essay on the fate of counterfeit goods. [Internet] [Doctoral dissertation]. Nantes; 2019. [cited 2021 Mar 04].
Available from: http://www.theses.fr/2019NANT3012.
Council of Science Editors:
Douillard J. La privation de propriété comme sanction de la contrefaçon : essai sur le sort des marchandises de contrefaçon : The deprivation of property as a penalty for counterfeiting : essay on the fate of counterfeit goods. [Doctoral Dissertation]. Nantes; 2019. Available from: http://www.theses.fr/2019NANT3012
University of East Anglia
29.
Reader, David.
Revisiting the role of the public interest in merger control.
Degree: PhD, 2015, University of East Anglia
URL: https://ueaeprints.uea.ac.uk/id/eprint/68329/
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.753827
► In the light of advances in economic theory and harmonisation initiatives, most jurisdictions now adopt a competition effects-based approach to merger control assessments. Given the…
(more)
▼ In the light of advances in economic theory and harmonisation initiatives, most jurisdictions now adopt a competition effects-based approach to merger control assessments. Given the emphasis that these assessments now afford to competition criteria, it might be said that the influence of wider ‘public interest’ considerations has become increasingly marginalised. Nevertheless, despite this marginalisation, most domestic merger regimes continue to reserve a role for public interest criteria, albeit a very restricted one in most cases. This has fuelled an on-going debate regarding the wisdom and legitimacy of considering public interest criteria in the merger assessment process. One argument, often cited by competition purists, is that pursuing a strict adherence to competition principles will deliver optimal long-term benefits for both consumers and the public at large. The main counter-argument has centred on the perceived inability of competition to respond to short-term public interest concerns which, if left unaddressed, may have lasting implications on fundamental interests such as employment, public health and democracy. Important questions therefore transpire: Is merger control an appropriate realm in which to address public interest concerns, or can these be dealt with more effectively via alternative policy means? If it is appropriate, how should public interest criteria be framed within the merger control legislation, and who should be tasked with applying this criteria? This thesis adopts legal and empirical research methods to scrutinise the role that states have afforded to the public interest in modern-day merger control. By drawing insights from merger regimes across the world, the thesis proposes a framework for accommodating public interest criteria effectively within merger control.
Subjects/Keywords: 346
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
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APA (6th Edition):
Reader, D. (2015). Revisiting the role of the public interest in merger control. (Doctoral Dissertation). University of East Anglia. Retrieved from https://ueaeprints.uea.ac.uk/id/eprint/68329/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.753827
Chicago Manual of Style (16th Edition):
Reader, David. “Revisiting the role of the public interest in merger control.” 2015. Doctoral Dissertation, University of East Anglia. Accessed March 04, 2021.
https://ueaeprints.uea.ac.uk/id/eprint/68329/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.753827.
MLA Handbook (7th Edition):
Reader, David. “Revisiting the role of the public interest in merger control.” 2015. Web. 04 Mar 2021.
Vancouver:
Reader D. Revisiting the role of the public interest in merger control. [Internet] [Doctoral dissertation]. University of East Anglia; 2015. [cited 2021 Mar 04].
Available from: https://ueaeprints.uea.ac.uk/id/eprint/68329/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.753827.
Council of Science Editors:
Reader D. Revisiting the role of the public interest in merger control. [Doctoral Dissertation]. University of East Anglia; 2015. Available from: https://ueaeprints.uea.ac.uk/id/eprint/68329/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.753827
30.
Oraee-Mirzamani, Nikzad.
Sustainability, environmental law and rules-based systems.
Degree: PhD, 2013, Imperial College London
URL: https://doi.org/10.25560/33129
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.686262
► The thesis aims to create a rule-based framework in order to facilitate corporate strategy making and regulatory drafting pertaining to sustainable development. To do so,…
(more)
▼ The thesis aims to create a rule-based framework in order to facilitate corporate strategy making and regulatory drafting pertaining to sustainable development. To do so, the premise is set that business sustainability can be broadly categorised in four interdependent pillars, namely, Environmental, Economic and Social sustainability and Corporate Governance. Accordingly, four case studies are devised, each focusing on one of said areas of business sustainability in different industries and business sectors. The findings of each case study are instrumental to the final conclusions of the current thesis. Covering a vast array of examples in corporate behaviour with regards to business sustainability led to the understanding that industries and regulators suffer from a lack of a standardised approach to implement a common theme within sustainability. It is submitted that the current sustainability reporting standards do not distinguish between rules and advantageous reporting criteria. To alleviate this problem the thesis draws from the findings of each case study and devises a rules-based system which drafters of legislation and corporate sustainability strategists can benefit from as a set of guiding norms and principles to aid them in their implementing behaviours. These rules are discretionary in application and non-exhaustive; readers of said framework may choose which rules are most applicable and if so, how they would apply to their circumstances. Therefore, extensive opportunity for further research remains in order to complement the implementation of these rules.
Subjects/Keywords: 346
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Oraee-Mirzamani, N. (2013). Sustainability, environmental law and rules-based systems. (Doctoral Dissertation). Imperial College London. Retrieved from https://doi.org/10.25560/33129 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.686262
Chicago Manual of Style (16th Edition):
Oraee-Mirzamani, Nikzad. “Sustainability, environmental law and rules-based systems.” 2013. Doctoral Dissertation, Imperial College London. Accessed March 04, 2021.
https://doi.org/10.25560/33129 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.686262.
MLA Handbook (7th Edition):
Oraee-Mirzamani, Nikzad. “Sustainability, environmental law and rules-based systems.” 2013. Web. 04 Mar 2021.
Vancouver:
Oraee-Mirzamani N. Sustainability, environmental law and rules-based systems. [Internet] [Doctoral dissertation]. Imperial College London; 2013. [cited 2021 Mar 04].
Available from: https://doi.org/10.25560/33129 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.686262.
Council of Science Editors:
Oraee-Mirzamani N. Sustainability, environmental law and rules-based systems. [Doctoral Dissertation]. Imperial College London; 2013. Available from: https://doi.org/10.25560/33129 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.686262
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Open Access Theses and Dissertations
