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University of Leicester
1.
Apaydin, Eylem.
The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?.
Degree: 2010, University of Leicester
URL: http://hdl.handle.net/2381/35564 
► This thesis provides a critical evaluation of the statutory framework for the co- ownership regulations in Turkish law and it acquaints the Turkish jurists with…
(more)
▼ This thesis provides a critical evaluation of the statutory framework for the co- ownership regulations in Turkish law and it acquaints the Turkish jurists with the existence of trust of land of English law. It is posited upon the argument that solutions to the problems observed in the administration and enjoyment of co-owned properties in Turkish law may be overcome by the introduction of a new institution, which is inspired by the trust mechanism of English law. This entails the existing Turkish regulation for the management of the co-owned properties outdated, unreasonably complex, and extremely artificial with some assumptions. After successfully establishing that the Turkish system is currently inadequate to provide an efficient system, this thesis provides the indications for a solution. Having been aware of the limitations of the Turkish legal system and the restricted possibility of the direct reception of trust, this thesis examines to what extent the current institutions in Turkish law would replace the functions of trust in the context of co- ownership. This examination results in searching for a new system as it is concluded that any of the trust-like devices in the current Turkish law could not effectively and comprehensively serve the purposes that English trust does. Therefore, this thesis suggests that a new mechanism, inspired by the English trust of land, would provide the required mechanisms for an efficient managerial system for co-owned properties. Rather than asserting to solely focus on a comprehensive new system, this thesis discusses the possible solutions and urges further research about the matter. Hence, the so-called alien system, trust of land, and its capability to provide an alternative but efficient and productive solution to the managerial problems of the co-owned properties, would be made familiar with the Turkish jurists.
Subjects/Keywords: 346
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APA (6th Edition):
Apaydin, E. (2010). The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?. (Doctoral Dissertation). University of Leicester. Retrieved from http://hdl.handle.net/2381/35564
Chicago Manual of Style (16th Edition):
Apaydin, Eylem. “The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?.” 2010. Doctoral Dissertation, University of Leicester. Accessed October 17, 2019.
http://hdl.handle.net/2381/35564.
MLA Handbook (7th Edition):
Apaydin, Eylem. “The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?.” 2010. Web. 17 Oct 2019.
Vancouver:
Apaydin E. The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?. [Internet] [Doctoral dissertation]. University of Leicester; 2010. [cited 2019 Oct 17].
Available from: http://hdl.handle.net/2381/35564.
Council of Science Editors:
Apaydin E. The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?. [Doctoral Dissertation]. University of Leicester; 2010. Available from: http://hdl.handle.net/2381/35564
University of Leicester
2.
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: http://hdl.handle.net/2381/28831
► 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 (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 http://hdl.handle.net/2381/28831
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 October 17, 2019.
http://hdl.handle.net/2381/28831.
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. 17 Oct 2019.
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 2019 Oct 17].
Available from: http://hdl.handle.net/2381/28831.
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: http://hdl.handle.net/2381/28831
3.
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 October 17, 2019.
http://hdl.handle.net/10044/1/33129.
MLA Handbook (7th Edition):
Oraee-Mirzamani, Nikzad. “Sustainability, environmental law and rules-based systems.” 2013. Web. 17 Oct 2019.
Vancouver:
Oraee-Mirzamani N. Sustainability, environmental law and rules-based systems. [Internet] [Doctoral dissertation]. Imperial College London; 2013. [cited 2019 Oct 17].
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
University of Leeds
4.
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 ·
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Manager
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 October 17, 2019.
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. 17 Oct 2019.
Vancouver:
Butler N. The state of international arbitration : the possibility of establishing an appeal mechanism. [Internet] [Doctoral dissertation]. University of Leeds; 2012. [cited 2019 Oct 17].
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
King's College London (University of London)
5.
Weeraworawit, Chomwan.
Intellectual property and the textiles and fashion industry in developing countries.
Degree: 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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Manager
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 October 17, 2019.
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. 17 Oct 2019.
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 2019 Oct 17].
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
King's College London (University of London)
6.
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 ·
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Manager
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 October 17, 2019.
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. 17 Oct 2019.
Vancouver:
Hossein Abadi S. Power in investor-state arbitration. [Internet] [Doctoral dissertation]. King's College London (University of London); 2014. [cited 2019 Oct 17].
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
7.
Lin, Xi.
Equity in the Chinese law : its origin and transformations.
Degree: PhD, 2008, London School of Economics and Political Science (University of London)
URL: http://etheses.lse.ac.uk/2974/
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645779
► This thesis is about equity in the Chinese law. In the classical Chinese literature, it was referred to as qingli, which means 'social obligations' to…
(more)
▼ This thesis is about equity in the Chinese law. In the classical Chinese literature, it was referred to as qingli, which means 'social obligations' to balance the rigidity of positive laws. Like its Western counterpart, this equity entails a twofold meaning: (1) the moral principles that have been into the positive laws (which Huang referred to as 'official representation') and (2) in judicial practice, the correction of hardship that arises out of the deficiency as inherent in positive laws. As far as its historical evolution is concerned, this thesis examines three consecutive periods, namely imperial China (221BC to 1911), revolutionary period (1911-76) and reformist era (1978-present). In imperial China, equity followed a path similar to its Roman counterpart in that there was a harsh law first, into which equity was gradually incorporated, until it reached its maturity in the Tang Code of 653 AD. This imperial construct was swept ruthlessly away by the revolutionary thunderstorm in the early 1910s. In the midst of this tempest, the communist effort to seek an alternative to both traditional and imported models culminated in creating a legal system called People's Justice. Equity in this period was reinterpreted as mass participation and mobilisation. However, Mao's idealism not only turned the whole nation into chaos but also devoured its own devoted followers. This was partly the reason why in 1978 the Deng-led government unanimously held that China should relink with the outside world. In this state-led integration to global capitalism, equity underwent its second turn, now defined as local contextualisation of the rapidly formalised and westernised laws. The conclusion duly analyses both predicaments and opportunities for further development of equity in China. It calls for as much a reinvention of traditions as an attention for local contexts to construct a modern equity in China.
Subjects/Keywords: 346
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APA ·
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Manager
APA (6th Edition):
Lin, X. (2008). Equity in the Chinese law : its origin and transformations. (Doctoral Dissertation). London School of Economics and Political Science (University of London). Retrieved from http://etheses.lse.ac.uk/2974/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645779
Chicago Manual of Style (16th Edition):
Lin, Xi. “Equity in the Chinese law : its origin and transformations.” 2008. Doctoral Dissertation, London School of Economics and Political Science (University of London). Accessed October 17, 2019.
http://etheses.lse.ac.uk/2974/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645779.
MLA Handbook (7th Edition):
Lin, Xi. “Equity in the Chinese law : its origin and transformations.” 2008. Web. 17 Oct 2019.
Vancouver:
Lin X. Equity in the Chinese law : its origin and transformations. [Internet] [Doctoral dissertation]. London School of Economics and Political Science (University of London); 2008. [cited 2019 Oct 17].
Available from: http://etheses.lse.ac.uk/2974/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645779.
Council of Science Editors:
Lin X. Equity in the Chinese law : its origin and transformations. [Doctoral Dissertation]. London School of Economics and Political Science (University of London); 2008. Available from: http://etheses.lse.ac.uk/2974/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645779
8.
Chahed, Yasmine.
Mistrust in numbers : the rise of non-financial and future-oriented reporting in UK accounting regulation in the 1990s.
Degree: PhD, 2009, London School of Economics and Political Science (University of London)
URL: http://etheses.lse.ac.uk/2361/
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645835
► This thesis studies the rise of non-financial and future-oriented narratives in the regulatory framework for financial reporting standard-setting and legislation in the UK in the…
(more)
▼ This thesis studies the rise of non-financial and future-oriented narratives in the regulatory framework for financial reporting standard-setting and legislation in the UK in the 1990s. The questioning of financial reporting numbers that surfaced in these debates is called here a "mistrust in numbers". To study the moments when a 'trust in numbers' is destabilized through these debates, the thesis focuses on three interrelated processes of financial reporting change. First, the thesis addresses the ways in which accounting sought to expand into new territory - territory in which the emergence of a category of non-financial and future-oriented accounting became closely linked to a rethinking of the concepts of how to govern British companies in the last two decades of the 20th century. Second, the thesis analyses how the expansion of accounting standard-setting beyond a focus on the financial statements in the early 1990s was made possible by the interplay of a number of ideas - some complementary, others competing - about the technical, professional, and international role of the British Accounting Standards Board. Third, the thesis analyses the agenda-setting process for the British Company Law Review between 1998 and 2002. It outlines how, through this reform process, a realignment between law, accounting, and "the State" was sought, one that mediated and structured at the same time modes of economic governance pertaining to both "the State" and "the market". This thesis concludes that the calls in the UK for supplementing financial statements with non-financial and future-oriented reporting elements constitute a significant rethinking of the roles of accounting and regulation in organising economic life. This rethinking entails, it is suggested, a move away from an emphasis on the neutrality and objectivity which has typically been associated with accounting numbers, and towards one aspiring to provide "transparency" based on an underlying economic reality.
Subjects/Keywords: 346
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Manager
APA (6th Edition):
Chahed, Y. (2009). Mistrust in numbers : the rise of non-financial and future-oriented reporting in UK accounting regulation in the 1990s. (Doctoral Dissertation). London School of Economics and Political Science (University of London). Retrieved from http://etheses.lse.ac.uk/2361/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645835
Chicago Manual of Style (16th Edition):
Chahed, Yasmine. “Mistrust in numbers : the rise of non-financial and future-oriented reporting in UK accounting regulation in the 1990s.” 2009. Doctoral Dissertation, London School of Economics and Political Science (University of London). Accessed October 17, 2019.
http://etheses.lse.ac.uk/2361/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645835.
MLA Handbook (7th Edition):
Chahed, Yasmine. “Mistrust in numbers : the rise of non-financial and future-oriented reporting in UK accounting regulation in the 1990s.” 2009. Web. 17 Oct 2019.
Vancouver:
Chahed Y. Mistrust in numbers : the rise of non-financial and future-oriented reporting in UK accounting regulation in the 1990s. [Internet] [Doctoral dissertation]. London School of Economics and Political Science (University of London); 2009. [cited 2019 Oct 17].
Available from: http://etheses.lse.ac.uk/2361/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645835.
Council of Science Editors:
Chahed Y. Mistrust in numbers : the rise of non-financial and future-oriented reporting in UK accounting regulation in the 1990s. [Doctoral Dissertation]. London School of Economics and Political Science (University of London); 2009. Available from: http://etheses.lse.ac.uk/2361/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645835
SOAS, University of London
9.
Song, Xiaolei.
Corporate governance : a legal study on the reform of state-owned enterprises in China.
Degree: PhD, 2016, SOAS, University of London
URL: http://eprints.soas.ac.uk/23583/
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703433
► Corporate governance (CG) has been introduced to China as central to establishing the modern company system. The current Chinese CG principles and legal framework are…
(more)
▼ Corporate governance (CG) has been introduced to China as central to establishing the modern company system. The current Chinese CG principles and legal framework are the results of China having absorbed lessons and copied advanced and matured CG models from other countries. This thesis evaluates the process of CG practice by Chinese State-owned enterprises (SOEs), and concludes that the main issue for Chinese SOEs is not to adopt a fixed model of CG to copy, but to develop a complete and continuous set of institutions that lead to effective CG in the context of China's economic and social environment. At this transitional stage, what are the significance and the functions of CG in China? And how do these functions applied in reality? During the last decade of practice, what are the achievements and problems of CG in the reform of SOEs in China? What are the future perspectives of Chinese SOEs' reform? The series of questions above describe the dynamic of this thesis. In discussing the phenomenon of CG in the reform of SOEs, this thesis reviews the debates about the role of CG in China's SOEs reform. Furthermore, this thesis will analyze the tensions concerning CG in the process of SOEs reform, in relation to ownership, boards of directors, shareholders and boards of supervisors. Moreover, explorations taking a legal approach are made in this thesis in order to find and fill the gap between theory and practice about CG of SOEs in China. The research into the CG of Chinese SOEs is a challenging and stimulating field. The aim of this thesis is to provide an analysis of the CG of Chinese SOEs and offer some suggestions for improvement to make the development of CG of Chinese SOEs more attractive to experts and scholars, so as to better guide the practice.
Subjects/Keywords: 346
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APA (6th Edition):
Song, X. (2016). Corporate governance : a legal study on the reform of state-owned enterprises in China. (Doctoral Dissertation). SOAS, University of London. Retrieved from http://eprints.soas.ac.uk/23583/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703433
Chicago Manual of Style (16th Edition):
Song, Xiaolei. “Corporate governance : a legal study on the reform of state-owned enterprises in China.” 2016. Doctoral Dissertation, SOAS, University of London. Accessed October 17, 2019.
http://eprints.soas.ac.uk/23583/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703433.
MLA Handbook (7th Edition):
Song, Xiaolei. “Corporate governance : a legal study on the reform of state-owned enterprises in China.” 2016. Web. 17 Oct 2019.
Vancouver:
Song X. Corporate governance : a legal study on the reform of state-owned enterprises in China. [Internet] [Doctoral dissertation]. SOAS, University of London; 2016. [cited 2019 Oct 17].
Available from: http://eprints.soas.ac.uk/23583/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703433.
Council of Science Editors:
Song X. Corporate governance : a legal study on the reform of state-owned enterprises in China. [Doctoral Dissertation]. SOAS, University of London; 2016. Available from: http://eprints.soas.ac.uk/23583/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703433
SOAS, University of London
10.
Joemrith, Khanapoj.
Enforcing arbitral awards against sovereign states : the validity of sovereign immunity defence in investor-state arbitration.
Degree: PhD, 2015, SOAS, University of London
URL: http://eprints.soas.ac.uk/22784/
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703390
► This thesis concerns the inter-relationship between international investment law and the law of sovereign immunity focusing on the enforcement of arbitral awards against sovereign states.…
(more)
▼ This thesis concerns the inter-relationship between international investment law and the law of sovereign immunity focusing on the enforcement of arbitral awards against sovereign states. The core hypothesis is that investor-state arbitration is severely hampered in its role of providing a remedy to foreign investors for losses to their investments caused by the breaches of International Investment Agreements by host states. In particular, there exists the risk that an arbitral award against the respondent state can be undermined by the respondent state's use of the sovereign immunity doctrine against execution as a defence against the payment of compensation. Accordingly, this leads to the main research question: Whether the defence of sovereign immunity doctrine should be fully available to a state in order to refuse the enforcement of arbitral awards, or should it be subject to limitations specified in the municipal sovereign immunity law of the country, in which the enforcement is sought? The major problem of investor-state arbitration is the extent to which the consent of a state to waive its immunity from enforcement and execution in both arbitration clauses and municipal sovereign immunity laws actually exists in any given case. The thesis argues that international investment law is a hybrid law displaying both private and public law characteristics. This can influence the development of rules concerning immunity from execution. Accordingly, the balancing of state obligations and investor rights under a proportionality analysis could be considered as an effective tool to promote the investment and to protect the interests for both investors and host countries towards a fair and impartial forum, where such immunity is in issue. Lastly, this attempt could not be effective without the development of international conventions and municipal laws on sovereign immunity in parallel to secure the execution of arbitral awards before a municipal court as well as to support the applicability of international conventions. Thus, this would limit the excessive or unjustified claims of sovereign immunity as a defense against the enforcement of arbitral awards in which state responsibility could not be avoided for a breach of investment treaty obligations towards private investors.
Subjects/Keywords: 346
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APA ·
Chicago ·
MLA ·
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Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Joemrith, K. (2015). Enforcing arbitral awards against sovereign states : the validity of sovereign immunity defence in investor-state arbitration. (Doctoral Dissertation). SOAS, University of London. Retrieved from http://eprints.soas.ac.uk/22784/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703390
Chicago Manual of Style (16th Edition):
Joemrith, Khanapoj. “Enforcing arbitral awards against sovereign states : the validity of sovereign immunity defence in investor-state arbitration.” 2015. Doctoral Dissertation, SOAS, University of London. Accessed October 17, 2019.
http://eprints.soas.ac.uk/22784/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703390.
MLA Handbook (7th Edition):
Joemrith, Khanapoj. “Enforcing arbitral awards against sovereign states : the validity of sovereign immunity defence in investor-state arbitration.” 2015. Web. 17 Oct 2019.
Vancouver:
Joemrith K. Enforcing arbitral awards against sovereign states : the validity of sovereign immunity defence in investor-state arbitration. [Internet] [Doctoral dissertation]. SOAS, University of London; 2015. [cited 2019 Oct 17].
Available from: http://eprints.soas.ac.uk/22784/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703390.
Council of Science Editors:
Joemrith K. Enforcing arbitral awards against sovereign states : the validity of sovereign immunity defence in investor-state arbitration. [Doctoral Dissertation]. SOAS, University of London; 2015. Available from: http://eprints.soas.ac.uk/22784/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.703390
King's College London (University of London)
11.
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 ·
Chicago ·
MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
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 October 17, 2019.
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. 17 Oct 2019.
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 2019 Oct 17].
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
University of Leicester
12.
Apaydin, Eylem.
The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?.
Degree: PhD, 2010, University of Leicester
URL: http://hdl.handle.net/2381/9955
► This thesis provides a critical evaluation of the statutory framework for the co- ownership regulations in Turkish law and it acquaints the Turkish jurists with…
(more)
▼ This thesis provides a critical evaluation of the statutory framework for the co- ownership regulations in Turkish law and it acquaints the Turkish jurists with the existence of trust of land of English law. It is posited upon the argument that solutions to the problems observed in the administration and enjoyment of co-owned properties in Turkish law may be overcome by the introduction of a new institution, which is inspired by the trust mechanism of English law. This entails the existing Turkish regulation for the management of the co-owned properties outdated, unreasonably complex, and extremely artificial with some assumptions. After successfully establishing that the Turkish system is currently inadequate to provide an efficient system, this thesis provides the indications for a solution. Having been aware of the limitations of the Turkish legal system and the restricted possibility of the direct reception of trust, this thesis examines to what extent the current institutions in Turkish law would replace the functions of trust in the context of co- ownership. This examination results in searching for a new system as it is concluded that any of the trust-like devices in the current Turkish law could not effectively and comprehensively serve the purposes that English trust does. Therefore, this thesis suggests that a new mechanism, inspired by the English trust of land, would provide the required mechanisms for an efficient managerial system for co-owned properties. Rather than asserting to solely focus on a comprehensive new system, this thesis discusses the possible solutions and urges further research about the matter. Hence, the so-called alien system, trust of land, and its capability to provide an alternative but efficient and productive solution to the managerial problems of the co-owned properties, would be made familiar with the Turkish jurists.
Subjects/Keywords: 346
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APA ·
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MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Apaydin, E. (2010). The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?. (Doctoral Dissertation). University of Leicester. Retrieved from http://hdl.handle.net/2381/9955
Chicago Manual of Style (16th Edition):
Apaydin, Eylem. “The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?.” 2010. Doctoral Dissertation, University of Leicester. Accessed October 17, 2019.
http://hdl.handle.net/2381/9955.
MLA Handbook (7th Edition):
Apaydin, Eylem. “The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?.” 2010. Web. 17 Oct 2019.
Vancouver:
Apaydin E. The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?. [Internet] [Doctoral dissertation]. University of Leicester; 2010. [cited 2019 Oct 17].
Available from: http://hdl.handle.net/2381/9955.
Council of Science Editors:
Apaydin E. The problematic structure of management of co-owned properties in Turkish law and pursuance of solutions : trust of land of English law?. [Doctoral Dissertation]. University of Leicester; 2010. Available from: http://hdl.handle.net/2381/9955
Aberystwyth University
13.
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/2160/30061
► 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
Record Details
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Record Details
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❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
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/2160/30061
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 October 17, 2019.
http://hdl.handle.net/2160/30061.
MLA Handbook (7th Edition):
Daniels, Katja. “The politics of international investment law : transnational corporations, social movements, and the struggle for the future.” 2015. Web. 17 Oct 2019.
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 2019 Oct 17].
Available from: http://hdl.handle.net/2160/30061.
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/2160/30061
Aberystwyth University
14.
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
Record Details
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Record Details
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« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
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 October 17, 2019.
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. 17 Oct 2019.
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 2019 Oct 17].
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
Durham University
15.
Awolalu, Oludara Ajibike.
Understanding and evaluating the enforcement of corporate law in Nigeria : the case for enhanced public civil enforcement.
Degree: PhD, 2017, Durham University
URL: http://etheses.dur.ac.uk/12287/
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723709
► In recent years, countries around the world have witnessed a number of corporate scandals, varying in their enormity. Nigeria has been no exception, having suffered…
(more)
▼ In recent years, countries around the world have witnessed a number of corporate scandals, varying in their enormity. Nigeria has been no exception, having suffered its fair share of these corporate scandals. In many countries, the discovery of some new corporate scandal is unsurprisingly accompanied by calls, from various quarters, for increased directorial accountability. Such calls are then, in their turn, followed by the introduction of new corporate and securities regulations, as well as reforms to existing corporate governance codes. In this quest for increased directorial accountability however, almost all the attention tends to be placed on the substantive content of the laws and codes governing directors. Much less attention, by contrast, has been devoted to the effectiveness of the enforcement regimes applying to these laws and codes. Yet, in the absence of effective enforcement, substantive rules have little impact. Consequently, while it is important to have appropriately developed company law regimes, which impose duties and responsibilities on directors, such laws are likely to fall well short of the mark unless they are also well enforced. It therefore becomes necessary to examine critically enforcement within the context of corporate law. In light of the crucial importance of enforcement in securing directors’ compliance and accountability, this thesis focuses upon the enforcement of corporate law in Nigeria. It analyses three major enforcement regimes in Nigeria: the criminal enforcement regime, the private civil enforcement regime and the public civil enforcement regime. Drawing on criteria for determining effective enforcement developed in the course of this thesis, it argues that the public civil enforcement regime offers the best potential for achieving significant real improvement in the enforcement of corporate law in Nigeria. To further reinforce the argument made for an enhanced public civil enforcement regime, this thesis uses three enforcement case studies derived from the UK and from Australia. The enforcement experience in these countries, whose corporate law regimes bear close similarities with that of Nigeria, have revealed that the public civil enforcement regime, by a clear gap, offers a potentially effective enforcement regime in corporate law. In short, then, this thesis argues that attaining effective enforcement of corporate law is within Nigeria’s reach but this can however be achieved only if it reforms, and develops, public civil enforcement in order to realise the potential benefits of this enforcement regime.
Subjects/Keywords: 346
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APA ·
Chicago ·
MLA ·
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Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Awolalu, O. A. (2017). Understanding and evaluating the enforcement of corporate law in Nigeria : the case for enhanced public civil enforcement. (Doctoral Dissertation). Durham University. Retrieved from http://etheses.dur.ac.uk/12287/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723709
Chicago Manual of Style (16th Edition):
Awolalu, Oludara Ajibike. “Understanding and evaluating the enforcement of corporate law in Nigeria : the case for enhanced public civil enforcement.” 2017. Doctoral Dissertation, Durham University. Accessed October 17, 2019.
http://etheses.dur.ac.uk/12287/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723709.
MLA Handbook (7th Edition):
Awolalu, Oludara Ajibike. “Understanding and evaluating the enforcement of corporate law in Nigeria : the case for enhanced public civil enforcement.” 2017. Web. 17 Oct 2019.
Vancouver:
Awolalu OA. Understanding and evaluating the enforcement of corporate law in Nigeria : the case for enhanced public civil enforcement. [Internet] [Doctoral dissertation]. Durham University; 2017. [cited 2019 Oct 17].
Available from: http://etheses.dur.ac.uk/12287/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723709.
Council of Science Editors:
Awolalu OA. Understanding and evaluating the enforcement of corporate law in Nigeria : the case for enhanced public civil enforcement. [Doctoral Dissertation]. Durham University; 2017. Available from: http://etheses.dur.ac.uk/12287/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723709
16.
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 October 17, 2019.
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. 17 Oct 2019.
Vancouver:
Alaydan S. Islamic finance, Sharia non-compliance and the standardisation of Sharia governance. [Internet] [Doctoral dissertation]. University of Westminster; 2016. [cited 2019 Oct 17].
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
University of Leeds
17.
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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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 October 17, 2019.
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. 17 Oct 2019.
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 2019 Oct 17].
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
Durham University
18.
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 October 17, 2019.
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. 17 Oct 2019.
Vancouver:
Cole EDT. Establishing 'loss of possession' in marine insurance claims. [Internet] [Doctoral dissertation]. Durham University; 2016. [cited 2019 Oct 17].
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
Durham University
19.
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 October 17, 2019.
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. 17 Oct 2019.
Vancouver:
Nuchpiam P. A comparative study of legal forms for social enterprises in the UK and Thailand. [Internet] [Doctoral dissertation]. Durham University; 2016. [cited 2019 Oct 17].
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 Dundee
20.
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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Export
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Manager
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 October 17, 2019.
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. 17 Oct 2019.
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 2019 Oct 17].
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
Aberystwyth University
21.
Daniels, Katja.
The politics of international investment law : transnational corporations, social movements, and the struggle for the future.
Degree: PhD, 2015, Aberystwyth University
URL: https://pure.aber.ac.uk/portal/en/theses/the-politics-of-international-investment-law(363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58).html
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667776
► 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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Export
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Manager
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 https://pure.aber.ac.uk/portal/en/theses/the-politics-of-international-investment-law(363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667776
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 October 17, 2019.
https://pure.aber.ac.uk/portal/en/theses/the-politics-of-international-investment-law(363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667776.
MLA Handbook (7th Edition):
Daniels, Katja. “The politics of international investment law : transnational corporations, social movements, and the struggle for the future.” 2015. Web. 17 Oct 2019.
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 2019 Oct 17].
Available from: https://pure.aber.ac.uk/portal/en/theses/the-politics-of-international-investment-law(363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667776.
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: https://pure.aber.ac.uk/portal/en/theses/the-politics-of-international-investment-law(363dfa8d-7ac1-4c23-bfe3-a63bbdf1ba58).html ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667776
University of Newcastle upon Tyne
22.
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://hdl.handle.net/10443/3408
► 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 ·
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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://hdl.handle.net/10443/3408
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 October 17, 2019.
http://hdl.handle.net/10443/3408.
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. 17 Oct 2019.
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 2019 Oct 17].
Available from: http://hdl.handle.net/10443/3408.
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://hdl.handle.net/10443/3408
23.
Ren, Q.
Environmental protection of the host states in international investment law : treaty reinterpretation, provision design and experience from China.
Degree: PhD, 2015, University of Liverpool
URL: http://livrepository.liverpool.ac.uk/3001310/
;
http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.706694
► This thesis aims to evaluate the scope of environmental protection in the host states against the states’ obligations to protect and promote foreign investments, and…
(more)
▼ This thesis aims to evaluate the scope of environmental protection in the host states against the states’ obligations to protect and promote foreign investments, and to identify how the existing international investment treaty practice and dispute settlement practice are insufficient in light of considering the environmental interests of the host states in the standards of treatment, including the fair and equitable treatment, national treatment, most-favoured-treatment, and non-expropriation standard. This thesis argues that the existing regime of international investment law does not provide an appropriate framework for the protection of the host states’ environmental interests, especially in the countries with economic and social transition (like China) where the domestic need for environmental protection is emerging and growing significantly. In contributing to the means through which the host states are able to regulate foreign investments without otherwise violating treaty obligation, this research proposes: (1) interpreting investment treaty provisions by introducing more environmental consideration, and (2) rethinking and reshaping the current pro-investor mechanism of international investment law through embracing the provision of broad environmental exception.
Subjects/Keywords: 346
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APA (6th Edition):
Ren, Q. (2015). Environmental protection of the host states in international investment law : treaty reinterpretation, provision design and experience from China. (Doctoral Dissertation). University of Liverpool. Retrieved from http://livrepository.liverpool.ac.uk/3001310/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.706694
Chicago Manual of Style (16th Edition):
Ren, Q. “Environmental protection of the host states in international investment law : treaty reinterpretation, provision design and experience from China.” 2015. Doctoral Dissertation, University of Liverpool. Accessed October 17, 2019.
http://livrepository.liverpool.ac.uk/3001310/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.706694.
MLA Handbook (7th Edition):
Ren, Q. “Environmental protection of the host states in international investment law : treaty reinterpretation, provision design and experience from China.” 2015. Web. 17 Oct 2019.
Vancouver:
Ren Q. Environmental protection of the host states in international investment law : treaty reinterpretation, provision design and experience from China. [Internet] [Doctoral dissertation]. University of Liverpool; 2015. [cited 2019 Oct 17].
Available from: http://livrepository.liverpool.ac.uk/3001310/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.706694.
Council of Science Editors:
Ren Q. Environmental protection of the host states in international investment law : treaty reinterpretation, provision design and experience from China. [Doctoral Dissertation]. University of Liverpool; 2015. Available from: http://livrepository.liverpool.ac.uk/3001310/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.706694
Durham University
24.
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 October 17, 2019.
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. 17 Oct 2019.
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 2019 Oct 17].
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
SOAS, University of London
25.
Nowak, Lucja Magdalena.
Exploring the limits of the concept of legitimate expectations in investment treaty law : a study in comparative law and the development of international law.
Degree: PhD, 2015, SOAS, University of London
URL: http://eprints.soas.ac.uk/20373/
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665109
► This thesis aims to identify more clearly the rationale, the constituent elements and the methodology of the concept of legitimate expectations in the field of…
(more)
▼ This thesis aims to identify more clearly the rationale, the constituent elements and the methodology of the concept of legitimate expectations in the field of investment treaty law. It addresses the problems associated with the concept's development in the application of the standards of fair and equitable treatment and indirect expropriation. The thesis adopts a comparative perspective. More developed legal regimes have been referring to legitimate expectations and to a similar concept of investment- backed expectations. Their experiences can assist in addressing questions about the concept's nature in investment treaty law. The enquiry focuses on seven such regimes, namely those of: the USA, England, Australia, European Union, European Convention on Human Rights, general international law and World Trade Organisation. The analysis shows that the concept of legitimate expectations is equitable. It safeguards fairness and trust in the actions of public authorities. It demands balancing of the private interest behind legitimate expectations and the public interest underlying the measures that frustrate them. The analysis identifies three common types of legitimate expectations, namely: legitimate expectations related to the legal and factual situation of an investment, legitimate expectations arising from specific representations and legitimate expectations related to invalidation of State acts. It also identifies the limits of the concept. It should cover neither expectations of immunity from general legislative or regulatory changes, nor investor's subjective expectations of treatment, nor expectations of a proprietary nature. The comparative analysis clarifies the concept's limits, the methodology required for its application and the fundamental questions the tribunals need to address. This greater clarity will facilitate a comprehensive case-by-case discussion among system participants. This discussion will contribute to the development of a concept capable of balancing the private and public interests persuasively and thus of supporting the long-term sustainability of the investment treaty system as a whole.
Subjects/Keywords: 346
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APA (6th Edition):
Nowak, L. M. (2015). Exploring the limits of the concept of legitimate expectations in investment treaty law : a study in comparative law and the development of international law. (Doctoral Dissertation). SOAS, University of London. Retrieved from http://eprints.soas.ac.uk/20373/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665109
Chicago Manual of Style (16th Edition):
Nowak, Lucja Magdalena. “Exploring the limits of the concept of legitimate expectations in investment treaty law : a study in comparative law and the development of international law.” 2015. Doctoral Dissertation, SOAS, University of London. Accessed October 17, 2019.
http://eprints.soas.ac.uk/20373/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665109.
MLA Handbook (7th Edition):
Nowak, Lucja Magdalena. “Exploring the limits of the concept of legitimate expectations in investment treaty law : a study in comparative law and the development of international law.” 2015. Web. 17 Oct 2019.
Vancouver:
Nowak LM. Exploring the limits of the concept of legitimate expectations in investment treaty law : a study in comparative law and the development of international law. [Internet] [Doctoral dissertation]. SOAS, University of London; 2015. [cited 2019 Oct 17].
Available from: http://eprints.soas.ac.uk/20373/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665109.
Council of Science Editors:
Nowak LM. Exploring the limits of the concept of legitimate expectations in investment treaty law : a study in comparative law and the development of international law. [Doctoral Dissertation]. SOAS, University of London; 2015. Available from: http://eprints.soas.ac.uk/20373/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665109
University of Dundee
26.
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: http://hdl.handle.net/10588/2e4fa295-67da-4e0a-b6b2-338a138bccfc
► 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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Manager
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 http://hdl.handle.net/10588/2e4fa295-67da-4e0a-b6b2-338a138bccfc
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 October 17, 2019.
http://hdl.handle.net/10588/2e4fa295-67da-4e0a-b6b2-338a138bccfc.
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. 17 Oct 2019.
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 2019 Oct 17].
Available from: http://hdl.handle.net/10588/2e4fa295-67da-4e0a-b6b2-338a138bccfc.
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: http://hdl.handle.net/10588/2e4fa295-67da-4e0a-b6b2-338a138bccfc
27.
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 October 17, 2019.
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. 17 Oct 2019.
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 2019 Oct 17].
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
28.
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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APA ·
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Export
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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 October 17, 2019.
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. 17 Oct 2019.
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 2019 Oct 17].
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
29.
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 ·
Chicago ·
MLA ·
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Export
to Zotero / EndNote / Reference
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 October 17, 2019.
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. 17 Oct 2019.
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 2019 Oct 17].
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
University of Leeds
30.
West, Negar.
Directors' duties to companies in Iran : what imperfections exist and what could be done by way of improvement?.
Degree: PhD, 2017, University of Leeds
URL: http://etheses.whiterose.ac.uk/18869/
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729458
► This thesis comprises a study about directors’ duties in Iran, and examines whether they are in an acceptable state, whether there is any potential need…
(more)
▼ This thesis comprises a study about directors’ duties in Iran, and examines whether they are in an acceptable state, whether there is any potential need to modify them and if so how could they be improved. After providing an introduction to the study in Chapter 1, Chapter 2 provides a background to directors and their duties. There is an explanation of the different types of directors and an analysis of the nature of duties that can govern them and this is considered in relation to various jurisdictions. Chapter 3 focuses on Iran, explaining the types of directors’ duties, the legislation in place for companies and apparent weaknesses of the current law on duties. The thesis includes an extensive empirical study, which is documented in Chapters 4 and 5. In Chapter 4 the process of the empirical research is set out, detailing the selection of semi-structured interviews, the process of selecting the interviewees, the development of the questions, the ethical review and the data collection process. Chapter 5 presents the core points of discussion from the interviews. Each point of discussion contains the various views of the interviewees to provide a complete sample of what the different groups of interviewees think about each subject matter. Chapter 6 considers the shortcomings of the law on duties in Iran and it does so by drawing on the doctrinal analysis in Chapter 3 and the empirical research data from Chapter 5. One of the aims of the chapter is to see whether any of the alternative practices from other countries researched could resolve Iran’s problems. Recommendations are then suggested for potential reforms of Iranian company law that could improve directors’ duties. Chapter 7 completes the thesis with a series of concluding remarks. The study concludes that the law on directors’ duties in Iran has many flaws and that in order to ameliorate the state of the law there needs to be reforms to the legislation so that there is a comprehensive set of directors’ duties, an introduction of the Business Judgment Rule and greater ease for minority shareholders to enforce breaches of duty. Directors’ duties are required, as duties are currently not adequately provided for in either or both of statutory law and Islamic sources. This has led to companies being expected to make up for this shortfall in law by including their own set of duties in their articles of association. The inclusion of a duty of care is also advocated and to be accompanied by the introduction of a Business Judgment Rule. The introduction of the duty of care alone would be a substantial improvement, as it would allow for a greatly needed subjective and objective approach for assessing breaches. The utility of the Business Judgment Rule comes in to effect when directors need to defend themselves in circumstances where the company has suffered damage due to a decision they made with good intentions. Developments to permit greater enforcement of breaches of duty are equally necessary as duties are only effective if there is suitable enforcement in place.…
Subjects/Keywords: 346
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APA ·
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CSE |
Export
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Manager
APA (6th Edition):
West, N. (2017). Directors' duties to companies in Iran : what imperfections exist and what could be done by way of improvement?. (Doctoral Dissertation). University of Leeds. Retrieved from http://etheses.whiterose.ac.uk/18869/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729458
Chicago Manual of Style (16th Edition):
West, Negar. “Directors' duties to companies in Iran : what imperfections exist and what could be done by way of improvement?.” 2017. Doctoral Dissertation, University of Leeds. Accessed October 17, 2019.
http://etheses.whiterose.ac.uk/18869/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729458.
MLA Handbook (7th Edition):
West, Negar. “Directors' duties to companies in Iran : what imperfections exist and what could be done by way of improvement?.” 2017. Web. 17 Oct 2019.
Vancouver:
West N. Directors' duties to companies in Iran : what imperfections exist and what could be done by way of improvement?. [Internet] [Doctoral dissertation]. University of Leeds; 2017. [cited 2019 Oct 17].
Available from: http://etheses.whiterose.ac.uk/18869/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729458.
Council of Science Editors:
West N. Directors' duties to companies in Iran : what imperfections exist and what could be done by way of improvement?. [Doctoral Dissertation]. University of Leeds; 2017. Available from: http://etheses.whiterose.ac.uk/18869/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729458
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