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The Public Organisation Risk Management concept challenges managers to develop a means of systematically identifying and managing key features of the organisation’s uncertainty field (its risks, uncertainties, the unknown and emergent, and the human perception/behaviour component). This presents an immense challenge, as it seems an organisation would need – in some sense – to identify all aspects of the environment before then isolating that subset of the most important risks and uncertainties. Clearly this is impossible, but a conscious awareness of this limitation might be valuable in its own right.

Assessment and analysis refers to the systematic and ongoing process by which a public organisation identifies, analyses, and measures the key components of its uncertainty field. A foundation concept that governs assessment and analysis is the view that public organisations are, in effect, collections of contracts, obligations, commitments, and agreements between the government and resource holders. Those arrangements serve as means by which the public organisation becomes exposed to the elements of the uncertainty field. Those elements, in turn, arise from the physical, social, political, economic, legal, operational, and cognitive environments.

A more detailed exposition of assessment and analysis appears in both Chapters Six and Seven. Here, in Chapter Five the goal is to set the foundation for such an exploration. Key terms and concepts are presented, and some core issues are introduced. As with all chapters, the discussion will address what have been identified as ‘traditional’ as well as enterprise risk management influenced perspectives. This in turn will lead to some coverage of alternative thinking about the assessment and analysis process.

This chapter uses data from the World Bank’s Private Participation in Infrastructure project database, and hand-collected evidence on project performance, to examine how PPPs are applied to infrastructure development in Africa, and how well they have delivered expected benefits. It has two analytical parts: an investment trend analysis and a meta-analysis of project performance and explanatory factors. The analysis shows growth both in number and volume of PPP investments that is weaker than that observed in other developing regions, and more volatile. The performance of PPP contracts appears to be improving over time with an overall cancelation rate of 7% over the assessment period. Although PPPs have contributed to increasing infrastructure stock, they have not completely met their potential, especially with respect to increasing infrastructure access rates. The main determinants of performance include accuracy of costing and allocation of risks, consistency of macro policies with the objectives and functioning of PPPs, coherence of sector policies and plans and local capacity. Contract cancellations are mainly explained by the misalignment of outcomes with government objectives, in particular, access and investment objectives. These findings suggest that PPP application should be well planned to ensure coherence of a wide range of policies, readiness of institutions and capacity of public sector actors. This chapter contributes to closing information gaps on a relatively novel policy instrument, and provides useful evidence to support prudent policy making at the time of considerable growth in PPP application.

In fraudulent conveyance cases, plaintiffs allege that by entering into a complex leverage transaction, such as an LBO, a firm’s former owners ensured its subsequent collapse. Proving that the transaction rendered the firm insolvent may allow debtors (or their proxies) to claw back transfers made to former shareholders and others as part of the transaction.

Courts have recently questioned the robustness of the solvency evidence traditionally provided in such cases, claiming that traditional expert analyses (e.g., a discounted flow analysis) may suffer from hindsight (and other forms of) bias, and thus not reflect an accurate view of the firm’s insolvency prospects at the time of the challenged transfers. To address the issue, courts have recently suggested that experts should consider market evidence, such as the firm’s stock, bond, or credit default swap prices at the time of the challenged transaction. We review market-evidence-based approaches for determination of solvency in fraudulent conveyance cases.

We compare different methods of solvency determination that rely on market data. We discuss the pros and cons of these methods and illustrate the use of credit default swap spreads with a numerical example. Finally, we highlight the limitations of these methods.

If securities trade in efficient markets in which security prices quickly impound all available information, then such security prices provide an objective assessment of investors’ views of the firm’s future insolvency prospects at the time of challenged transfer, given contemporaneously available information. As we explain, using market data to analyze fraudulent conveyance claims or assess a firm’s solvency prospects is not as straightforward as some courts argue. To do so, an expert must first pick a particular credit risk model from a host of choices which links the market evidence (or security price) to the likelihood of future default. Then, to implement his chosen model, the expert must estimate various parameter input values at the time of the alleged fraudulent transfer. In this connection, it is important to note that each credit risk model rests on particular assumptions, and there are typically several ways in which a model’s key parameters may be empirically estimated. Such choices critically affect any conclusion about a firm’s future default prospects as of the date of an alleged fraudulent conveyance.

Simply using market evidence does not necessarily eliminate the question of bias in any analysis. The reliability of a plaintiff’s claims regarding fraudulent conveyance will depend on the reasonableness of the analysis used to tie the observed market evidence at the time of the alleged fraudulent transfer to default prospects of the firm.

There is a large body of literature in financial economics that examines the relationship between market data and the prospects of a firm’s future default. However, there is surprisingly little research tying that literature to the analysis of fraudulent conveyance claims. Our paper, in part, attempts to do so. We show that while market-based methods use the information contained in market prices, this information must be supplemented with assumptions and the conclusions of these methods critically depend on the assumption made.

This chapter reassesses the economics of interest rate risk management in light of the global financial crisis by developing a derivative-based integrated treatment of interest rate and credit risk interrelation. The decade-long historical data on credit default swap spreads and interest rate swap rates are used as proxy measures for credit risk and interest rate risk, respectively. An elasticity of interest rate risk and credit risk, considered a function of the business cycle phases, maturity of instruments, economic sector, creditworthiness, and other macroeconomic parameters, is investigated for optimizing economic capital. This chapter sheds light on how financial institutions may address hedge strategies against downside risks implementing the proposed derivative-based integrated treatment of interest rate and credit risk assessment allowing for optimization of interest rate swap contracts. The developed framework of integrated interest rate and credit risk management is of special importance for emerging markets heavily dependent on foreign capital as it potentially allows emerging market banks to improve risk management practices in terms of capital adequacy and Basel III rules. Analyzing diversification versus compounding effects, it allows enhancing financial stability through jointly optimizing Pillar 1 and Pillar 2 economic capital.