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11 – 20 of over 99000Explicit barriers to international trade, investment, technology, and financial flows have been reduced considerably. As a result, “macro-liberalization” of international economic…
Abstract
Explicit barriers to international trade, investment, technology, and financial flows have been reduced considerably. As a result, “macro-liberalization” of international economic transactions has largely run its course. Now, attention needs to shift from international rules for governments to international rules dealing with the various aspects of the international operations of firms – what are called “micro-issues” in this chapter; these include, by way of example, cross-border mergers and acquisitions and international bankruptcies. Such international rules for the principal actors in international production and markets would complement (or replace) the unilateral rules that exist at the national level. International rules would set the direct parameters for certain aspects of the international activities of firms and hence provide the global governance for operating in the global production and trading spaces. This chapter exemplifies for a number of areas the state of rule-making for some micro-issues, analyzes the nature of this rule-making, and suggests a way forward. Developing international micro-regulatory frameworks of rules of the road for the various aspects of the international operations of firms in the globalizing world economy should be the new frontier of international commercial diplomacy.
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A. Vindelyn Smith‐Hillman and Maktoba Omar
Multinational corporations (MNCs) occupy a central role within the process of globalisation as evidenced through global foreign direct investment (FDI) inflows valued at US$3.1…
Abstract
Purpose
Multinational corporations (MNCs) occupy a central role within the process of globalisation as evidenced through global foreign direct investment (FDI) inflows valued at US$3.1 trillion by the end of 2000. The importance of regulation is evident through the significant growth in global regulatory changes throughout the 1990s.The influence of regulation on UK firms' international investment decisions is assessed.
Design/methodology/approach
Econometric analysis measures the influence of regulation and political risk on 121 UK firms with international operations. Host countries are divided into developed and less developed regions based on the World Bank country classification. Data derive from questionnaires that cover the period 1994‐1996 and include information on host country features of two economically and culturally different countries in which firms have ongoing overseas operations.
Findings
The findings indicate that regulation is a statistically significant, and positive, factor influencing internationally mobile FDI. There are however, regional differences between less developed and developed economies. Proportionately smaller FDI inflows to less developed economies partially reflect MNCs' response to weak governance and the regional predisposition towards corrupt practices.
Originality/value
Hitherto international business has been able to avoid the regulatory reach as one of the perks of being an international player. The prospect for long‐term avoidance is of a more limited time‐frame as sovereign status does not exempt a country from international intervention. As countries adopt a united approach to regulation, avoidance becomes less of an issue and may be replaced by more critical evaluation of different types of regulation.
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Marco Arnone and Leonardo Borlini
The purpose of this paper is to present an empirical assessment and outline issues in criminal regulation relating to international anti‐money laundering (AML) programs.
Abstract
Purpose
The purpose of this paper is to present an empirical assessment and outline issues in criminal regulation relating to international anti‐money laundering (AML) programs.
Design/methodology/approach
In the first part, this paper outlines the serious threats posed by transnational laundering operations in the context of economic globalization, and calls for highly co‐ordinated international responses to such a crime. The second part of the paper centres on elements of international criminal regulation of ML.
Findings
The focus is on the phenomenological aspect of ML and highlights that to a large extent it is an economic issue. Economic analysis calls for an accurate legal response, with typical trade‐offs: it should deter criminals from laundering by increasing the costs for such illicit operations, calling for enhanced regulatory and enforcement activities; however, stronger enforcement yields increased costs and reduces privacy. These features have lately inspired the recent paradigm shift from a rule‐based regulatory framework to a risk‐based approach which still represents an extremely delicate regulatory. Both at the international level and within the single domestic legal system, AML law is typically characterised by a multidisciplinary approach combining the repressive profile with preventive mechanisms: an empirical evaluation of the International Monetary Fund‐World Bank AML program is presented, where these two aspects are assessed. The non‐criminal measures recently implemented under the auspices of the main inter‐governmental public organisations with competence in these fields seem to be consistent with the insights of economic analysis. However, some key criminal issues need to be better addressed.
Originality/value
The paper offers insights into international AML programs, focusing on criminal regulation.
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Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989…
Abstract
Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989, and the Prestige in 2002. The European Union (EU), which theretofore seemed to be neglecting maritime safety appears to have developed a maritime culture. The EU seems to have adopted the International Maritime Organisation’s (IMO) attitude regarding safety protocols, which must be a right and proper thing to do. Concludes that shipping has needed, and is now receiving, a proactive approach with regard to safety from the EU which should limit, as far as possible, disasters of both a human and ecological kind for the maritime world.
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Jean-Baptiste Gossé and Dominique Plihon
– This article aims to provide insight into the future of financial markets and regulation in order to define what would be the best strategy for Europe.
Abstract
Purpose
This article aims to provide insight into the future of financial markets and regulation in order to define what would be the best strategy for Europe.
Design/methodology/approach
First the authors define the potential changes in financial markets and then the tools available for the regulator to tame them. Finally, they build five scenarios according to the main evolutions observed on the financial markets and on the tools used by the regulator to modify these trends.
Findings
Among the five scenarios defined, two present highly unstable features since the regulator refuses to choose between financial opening and independently determining how to regulate finance in order to preserve financial stability. Three of them achieve financial stability. However, they are more or less efficient or feasible. In terms of market efficiency, the multi-polar scenario is the best and the fragmentation scenario is the worst, since gains of integration depend on the size of the new capital market. Regarding sovereignty of regulation, fragmentation is the best scenario and the multi-polar scenario is the worst, because it necessitates coordination at the global level which implies moving further away from respective national preferences. However, the more realistic option seems to be the regionalisation scenario: this level of coordination seems much more realistic than the global one; the market should be of sufficient size to enjoy substantial benefits of integration. Nevertheless, the “European government” might gradually increase the degree of financial integration outside Europe in line with the degree of cooperation with the rest of the world.
Originality/value
Foresight studies on financial markets and regulation are quite rare. This may be explained by the difficulty to forecast what will be their evolution in the coming decades, not least because finance is fundamentally unstable. This paper provides a framework to consider what could be the best strategy of regulators in such an unstable environment.
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This paper aims to propose a procedure to remove international trade barriers globally. Trade is confronting various barriers in the present world, and this is due to the policies…
Abstract
Purpose
This paper aims to propose a procedure to remove international trade barriers globally. Trade is confronting various barriers in the present world, and this is due to the policies of governments to protect interests of their own citizens. Experience shows that trade barriers end up with incurring losses for both sides (traders) in practice, but a look at history of polemics on trade barriers removal in World Trade Organization (WTO) shows that countries are unable to overcome the obstacles they have created. Trade partners understand that removal of counter barriers is advantageous for both parties. In the meantime, being concerned of other party’s response impedes the benefits of free trade for all parties.
Design/methodology/approach
This proposition is based upon Islamic Sufism teachings. The propounded principles and goals are in accordance with high understanding of social and economic subtleties of humankind’s life. The authors try to form and formalize Islamic Sufi teachings to establish a base for compiling new international convention that facilitates international trade in all aspects.
Findings
To facilitate and promote international trade relations in short run, interested countries may accept a convention to remove all trade barriers among themselves all at once.
Research limitations/implications
The proposed convention does not go against General Agreement on Tariff and Trade and WTO, but it is complementary to both.
Practical implications
The proposed principles are actually shortcuts to what WTO may access in far futures.
Social implications
Islamic Sufism teachings can lead us to solve current international problems.
Originality/value
WTO has taken important steps to facilitate international trade. To reach the main goal of trade liberalization of WTO, a shortcut solution is proposed here.
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This paper discusses issues and developments that relate to the teaching of bank regulation in tertiary institutions. It looks at how course content, teaching texts and…
Abstract
This paper discusses issues and developments that relate to the teaching of bank regulation in tertiary institutions. It looks at how course content, teaching texts and methodology can become subject to issues like specific historical, and jurisdictional, cultures and contexts for the discipline. It considered how economic and political approaches impact such teaching. How banking regulations are used, and how course structures are built, show that these are matters which impinge on the type of bank personnel who later eventually leave academia and end up working on regulatory or compliance matters.
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Rainer Marampa Bari, Nanik Trihastuti and Pulung Widhi Hari Hananto
This paper aims to analyse the aspects of the demonstration process of Indonesia's regulation on nickel export restriction for its eligibility to be excluded from Article XI:1…
Abstract
Purpose
This paper aims to analyse the aspects of the demonstration process of Indonesia's regulation on nickel export restriction for its eligibility to be excluded from Article XI:1 GATT. It also analyses the possibility of the use of an environmental approach in the demonstration process and for an alternative measure in its implementation.
Design/methodology/approach
The paper uses a normative research method in conducting its analysis. It analyses Indonesia's nickel export restriction policy based on the European Union's claim regarding quantitative restriction, with the international trade governance in the WTO framework, and certain international trade principles. The study also involves certain WTO jurisprudence to give a comprehensive analysis to the case.
Findings
This paper finds that Indonesia still needs to provide a complete and comprehensive demonstration to prove its eligibility for exclusion from Article XI:1. Demonstrating merely based on an economic approach is inadequate to convince the panel in Indonesia – measure relating to raw material for justification under Article XI:2. This study further finds that both parties generally focus on the economic aspect, which leaves room for conflict of interest. Other aspects with a lower probability of conflict of interest, such as the environmental approach, could be an alternative for the implementation.
Originality/value
This paper fulfils the need to provide a scientific analysis of the application of Indonesia's nickel export restriction policy, including its proceedings in WTO's dispute settlement body, which is essential for international trade governance enforcement.
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The purpose of this paper is to highlight and analyze the experience of banks operating in Lebanon in their compliance with international regulation on anti‐money laundering and…
Abstract
Purpose
The purpose of this paper is to highlight and analyze the experience of banks operating in Lebanon in their compliance with international regulation on anti‐money laundering and the counter‐financing of terrorism (AML/CFT). The paper addresses the compliance policies by presenting a case study of the experience of the Lebanese banking sector in achieving a global anti‐money laundering strategy.
Design/methodology/approach
Lebanon has been achieving its AML/CFT procedures by following a combination of three approaches: abiding by the recommendations of the international body in charge of regulation namely the Financial Action Task Force on the laundering of money (FATF); cooperation among countries in the form of mutual agreements, assistance and treaties developed by various conventions; and personal unilateral initiatives. After presenting the sources of deposit growth in Lebanese banks and highlighting the uses of funds, the paper uses a chronological approach to analyze the compliance of banks, central bank and legislators with international regulations governing the financial and banking systems, and addresses the latest developments concerning the Lebanese banks' coordination and cooperation with international regulators and governments, especially on FATF recommendations and international sanctions.
Findings
The paper presents evidence on the effective anti‐money laundering domestic initiatives and sheds light on the positive international regulatory assessment of these initiatives, as well as the favorable view of the Lebanese banking sector that has kept it outside the current FATF list of countries with AML/CFT deficiencies.
Originality/value
The value of this paper is to present a case study for bankers and regulators on strategies to comply with AML/CFT.
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