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Article
Publication date: 6 November 2017

Bryan L. Barreras, Barbara M. Goodstein and Kevin C. McDonald

To explain the Hague Securities Convention in the context of secured financing transactions in the US and to discuss the implications of the Convention on new and existing…

Abstract

Purpose

To explain the Hague Securities Convention in the context of secured financing transactions in the US and to discuss the implications of the Convention on new and existing transactions, as well as on market practice going forward.

Design/methodology/approach

This article provides a broad overview of the Hague Securities Convention and the impact of the Convention’s choice of law rules on secured financing transactions in the US involving intermediated securities, including how this deviates from previously applicable laws (such as the Uniform Commercial Code), and provides practical considerations with respect to secured financing transactions.

Findings

While in most circumstances the Convention provides for the same choice of law as previously applicable laws, there are certain scenarios where the Convention will produce a different result. Market practice with respect to perfecting security interests will likely change to take account of the Convention and to provide the parties with certainty regarding the law applicable to secured transactions.

Practical implications

The Convention calls for increased diligence with respect to the law governing the account agreement between the debtor and the securities intermediary and whether the securities intermediary has a qualifying office in that jurisdiction.

Originality/value

Practical guidance from experienced finance lawyers.

Details

Journal of Investment Compliance, vol. 18 no. 4
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 1 April 1970

Charles A. Stansfield

The conventions, conferences, assemblies, meetings and transient trade shows of voluntary membership organizations may be grouped together under the general heading of “conventions

Abstract

The conventions, conferences, assemblies, meetings and transient trade shows of voluntary membership organizations may be grouped together under the general heading of “conventions”. Conventions have been growing in number and size throughout the world as the necessity of the interchange of information and specialized knowledge increases. In the professional, academic, and business fields, the mutual benefits obtained through personal contacts, the main reason for holding conventions, foster expanding attendance. Continuing improvements in the ease and efficiency of communications and transportation have been instrumental in facilitating more national and international conventions. It is as though the growing usage of electronic means of communications have stimulated rather than replaced face‐to‐face exchanges of ideas and of data.

Details

The Tourist Review, vol. 25 no. 4
Type: Research Article
ISSN: 0251-3102

Book part
Publication date: 10 June 2011

Mohammad A. Ali

Globalization has created conditions in which business has become increasingly global. The combined effect of global business, intense competition, weakening of labor unions, and…

Abstract

Globalization has created conditions in which business has become increasingly global. The combined effect of global business, intense competition, weakening of labor unions, and the inability of national governments to control the negative effects of globalization has created immense difficulties in the formulation and implementation of global labor standards. This research takes an ancient industry with a long tradition of international features and regulations, that is, the maritime industry, as a case study to understand the dynamics associated with the regulation of a global industry. The study argues that J. R. Commons' works at the turn of the century not only give us excellent insights into the creation of global markets and the need for global labor rights protection but also provide us with a solution, that is, the creation of an “authoritative commission.” Finally, the study suggests that there is a need to enhance the role of ILO as a global “commission” to regulate the industry. Presently, the ILO does not have the essential features for becoming such a commission. Therefore, ILO should develop three important characteristics: ability to include new emerging actors, decision-making based on consensus and dialogue, and sanction power to implement its standards. Based on the above principles, ILO can work as the center of a global regulatory regime in the maritime industry. Through its power of sanction, it will implement its standards mainly through states. But, at the same time, it will network with unions and NGOs and all other important actors in the industry at local, national, and global levels to detect and eradicate substandard shipping.

Details

Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-0-85724-907-4

Keywords

Book part
Publication date: 17 February 2017

Julia Brandl and Anna Schneider

How headquarter (HQ) and subsidiary actors end conflicts and reach agreements is an important but still under-researched question in multinational corporations (MNC) literature…

Abstract

How headquarter (HQ) and subsidiary actors end conflicts and reach agreements is an important but still under-researched question in multinational corporations (MNC) literature. This conceptual article approaches these conflict dynamics from the Convention Theory perspective. Convention Theory draws attention to justice principles (known as “order of worth”) and to the material aspects in relations between MNC actors. We offer a framework that contributes to HQ-subsidiary relations research in three ways: (1) it links conflicts to justice principles, (2) it enriches the understanding of the stability of agreements, and (3) it sheds light on the activities needed for realizing preferred arrangements.

Details

Multinational Corporations and Organization Theory: Post Millennium Perspectives
Type: Book
ISBN: 978-1-78635-386-3

Keywords

Book part
Publication date: 14 October 2022

Laima Vaige

The Convention on Preventing and Combating Violence against Women and Domestic Violence was adopted by the Council of Europe and opened for signature in Istanbul in 2011 (the…

Abstract

The Convention on Preventing and Combating Violence against Women and Domestic Violence was adopted by the Council of Europe and opened for signature in Istanbul in 2011 (the Istanbul Convention). The Istanbul Convention offers a treaty-level protection against domestic violence to all people, including LGBTQs, that is, lesbian, gay, bisexual, transgender, and queer persons. Intimate partner violence (IPV) occurs in same-sex relationships as well as different-sex relationships. In addition, LGBTQ persons face the risk of violence in homophobic and transphobic family environments. The Istanbul Convention has faced significant backlash, a process driven by the global anti-feminist movement that also calls for the protection of traditional family values. In the Convention, “gender” is described as “the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men” (Article 3(c)). The opponents of the Convention suggest that gender roles are not “given” by the society but inherent in different natures of women and men. The dissatisfaction of many States, such as Bulgaria, Armenia, Ukraine, and so on, is related to the perceived excessiveness of rights given to LGBTQ persons in the Istanbul Convention. This research paper sets aside the issue of political campaigning against the Convention in Eastern Europe, which has already been well reported. Instead, it aims to reveal how the protection against domestic violence under the Convention raises normative, conceptual, and substantive challenges in States entrenching the ideology of traditional family values in law.

Details

The Justice System and the Family: Police, Courts, and Incarceration
Type: Book
ISBN: 978-1-80382-360-7

Keywords

Book part
Publication date: 1 January 2014

This chapter is about child labour as slavery in modern and modernizing societies in an era of rapid globalization.For the most part, child slavery in modern societies is hidden

Abstract

This chapter is about child labour as slavery in modern and modernizing societies in an era of rapid globalization.

For the most part, child slavery in modern societies is hidden from view and cloaked in social customs, this being convenient for economic exploitation purposes.

The aim of this chapter is to bring children's ‘modern slavery’ out of the shadows, and thereby to help clarify and shape relevant social discourse and theory, social policies and practices, slavery-related legislation and instruments at all levels, and above all children's everyday lives, relationships and experiences.

The main focus is on issues surrounding (i) the concept of ‘slavery’; (ii) the types of slavery in the world today; (iii) and ‘child labour’ as a type, or basis, of slavery.

There is an in-depth examination of the implications of the notion of ‘slavery’ within international law for child labour, and especially that performed through schooling.

According to one influential approach, ‘slavery’ is a state marked by the loss of free will where a person is forced through violence or the threat of violence to give up the ability to sell freely his or her own labour power. If so, then hundreds of millions of children in modern and modernizing societies qualify as slaves by virtue of the labour they are forced – compulsorily and statutorily required – to perform within schools, whereby they, their labour and their labour power are controlled and exploited for economic purposes.

Under globalization, such enslavement has almost reached global saturation point.

Book part
Publication date: 20 August 2012

Emily Zackin

One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different state high…

Abstract

One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different state high courts remained in operation, each claiming to be the only legitimate tribunal. This chapter describes Kentucky's two-court crisis, but focuses primarily on the constitutional convention of 1849, which followed it. Through the lens of modern scholarship about judicial independence, the lessons that antebellum Kentuckians drew from their own history seem quite counterintuitive. They did not view their project of judicial design as a matter of balancing judicial independence with accountability, a task that many modern scholars of American politics have posited as the central problem of judicial design. Instead, Kentucky's constitutional convention sought to structure an institution that would allow the state's courts to respond to popular sentiment without compromising their independence. Thus, these debates suggest frameworks for understanding judicial independence that do not pit independence against judicial accountability or popular politics, but attempt to discern which forms of politics threaten the independence of courts, and which forms may not.

Details

Special Issue: The Discourse of Judging
Type: Book
ISBN: 978-1-78052-871-7

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9542

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 March 2016

Katherine Assante Perrotta and Joseph R. Feinberg

College instructors are entering a new frontier of teaching in the 21st century. Millennial students are bringing to university classrooms different experiences regarding the ways…

Abstract

College instructors are entering a new frontier of teaching in the 21st century. Millennial students are bringing to university classrooms different experiences regarding the ways they learn and engage in critical thinking. As online universities gain more popularity across the country, higher education institutions are offering more hybrid and distance-learning courses on the Internet match the demand for using technology for teaching and learning. This action research study evaluates how the Annenberg Media digital simulation The Constitutional Convention of 1787 effected student engagement in an undergraduate history course at a community college in a metropolitan region of the Southeast. Practical suggestions are provided for college level history instructors to adapt digital simulations for teaching curricular and content skills that foster critical thinking, digital literacy, and engaged learning.

Details

Social Studies Research and Practice, vol. 11 no. 1
Type: Research Article
ISSN: 1933-5415

Keywords

Article
Publication date: 9 February 2010

Joanne Jung‐Eun Yoo and Kaye Chon

The purpose of this paper is to examine whether factors that may affect potential attendees' convention participation decision change over time. In today's competitive…

2944

Abstract

Purpose

The purpose of this paper is to examine whether factors that may affect potential attendees' convention participation decision change over time. In today's competitive environment, marketers of associations and destinations make considerable efforts to increase the number of attendees for the conventions they host. Optimizing attendance relies on a clear understanding of the dynamic decision‐making process of prospective attendees.

Design/methodology/approach

The study panel was selected from a pool of hospitality and tourism association members, and they were surveyed with an identical questionnaire on two separate occasions. The 107 paired sets were used for data analysis.

Findings

The study showed that there were significant changes in the effects of the following factors on the convention participation decision: networking opportunities, safety and health situation, and travelability.

Research limitations/implications

The generalizability of the research is limited by its time scope and sample size. A three‐month split between the two sampling periods may not be sufficient to assess the temporal changes. The empirical results of the study can serve as a base to reveal how potential attendees' convention participation decision may change over time. Using the measurement scale, industry practitioners can evaluate the impact of their marketing strategies and assist in changing potential attendees' convention participation decision into one for convention attendance.

Originality/value

The study is the first attempt to assess the dynamic aspects of the convention participation decision‐making process.

Details

International Journal of Contemporary Hospitality Management, vol. 22 no. 1
Type: Research Article
ISSN: 0959-6119

Keywords

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