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Elaine Dunn

Responding to the UK government’s “Women in Finance Charter” (2016) which commits signatory financial services firms to gender balance at all levels, this chapter investigates the desirability and feasibility of achieving these aims. It begins with a brief review of the UK financial services industry and the case which has been made for more women in management within this sector. This is followed by a review of literature offering explanations (theories) for the underrepresentation of women in senior management roles. Adopting a multi-disciplinary perspective, this review is organized into three groups: career preference perspective, the work–family perspective, and the gender bias and stereotype perspective. Focusing on the relative proportions of men and women who progress from graduate intake into senior roles, the chapter concludes by rehearsing some future (controversial?) scenarios for achieving “fair gender balance” within UK financial services.

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Peter A.G. van Bergeijk

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Stephan W Schill and Kerem Gülay

The analysis of legal aspects of FDI has led to a veritable boom in scholarship and the emergence of a separate legal discipline at the intersection of international and national, public and private law. Building on a broad understanding of legal approaches to FDI, as encompassing substance and procedure under both national and international law and soft law regulation, the chapter first provides an overview over the architecture of the legal regime governing FDI and argues that FDI regulation is best understood as a transnational legal order. It also analyses the core conceptualizations of the field in legal scholarship and investment law practice and introduces methods for legal research. On this basis, the chapter develops a typology of research questions in international investment law and provides an overview of theoretical approaches to international investment law and methods of legal research.

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Locknie Hsu

This chapter examines topical issues in investment law and agreements, reflecting a number of themes developed in other chapters, while providing an Asian context. Given the increasing number of treaties and national legislative and judicial actions in Asia which have an impact on international investment law, the region provides rich research material. Examples of regional developments include State actions taken to review, renegotiate or terminate investment treaties, and the growing number of investment disputes involving either an Asian State, an Asian investor, or both. Investment arbitration-related decisions are emerging in Asian courts and these also present important subject matter for analysis, both procedurally as well as substantively. Finally, significant investment dispute resolution reform actions, such as those proposed by the EU, can have important implications for Asian states with which the EU is negotiating trade and investment agreements.

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Florence Guillaume

Blockchain transactions are international by nature: each transaction can lead to a potential conflict between the laws of different States. The lack of uniform private law rules adopted at the international level makes it necessary to apply private international law rules to blockchain transactions in order to identify the situations in which a State offers the protection of its courts (jurisdiction), which law is applicable to the transactions (choice of law), and which conditions must be met for the judgment to have legal effect abroad (recognition and enforcement of foreign judgments). These three issues will be examined to determine whether existing conflict-of-law rules offer satisfying solutions for blockchain transactions. Proposals of necessary adaptations to improve legal security in the digital economy will then be made.

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Biba Homsy

New technologies based on blockchain or DLTs such as cryptocurrencies, DAOs and decentralised applications changed and created a new deal in the regulatory framework. In this context, the question is not whether these technologies and the businesses they trigger impact financial regulation, but rather how they impact it and how regulators perceived them so far. Some may consider these technologies as a playground for start-ups only constrained into a Sandbox where regulators look out to them from the corner of their eyes. But most of the regulators have been forced to recognise that a specific evolution is here standing. From Switzerland to European institutions and international organisations, each major actor of the financial markets is now handling the same question, as to how to integrate the blockchain in the regulatory landscape. If blockchains really means decentralisation and distribution, how and where does regulators’ jurisdiction begins? Where is the tie-point of the regulation in that case? Did Switzerland develop the same approach? The author will first analyse the general considerations that one may take into account when approaching a regulation in this field, compared to what has been done in Switzerland, to finally make his own proposal as to how to handle the Swiss regulation by offering a 4-steps approach.

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Nikos Drosos and Alexander-Stamatios Antoniou

The present study aims at investigating Greek female managers’ attitudes toward women managers and their correlation with various personal characteristics, such as age, family status, education level, work experience, and managerial experience. Furthermore several beliefs of female managers regarding gender’s influence on career development are examined. A total of 376 female managers who are employed in Greek private companies participated in the study. The “Attitudes Towards Women Managers – ATWoM” was used to assess attitudes toward women as managers and the “Gender and Authority Measure – GAM” was used to measure preference for male versus female authorities. The results of the study suggest that in general female managers do not prefer one gender over the other in respect of authority figures. Additionally, attitudes toward women managers as assessed by ATWoM were moderate to slightly positive. Demographic data were found to have an impact on participants’ attitudes toward women. Results are discussed in terms of their practical implications.

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James Griffin

The regulation of creative works has become enmeshed in a bureaucratic system that is based around proprietary and economic concerns. These concerns have developed in a manner that has seen the focus of regulation shift from the concerns of the necessity of creativity, to a focus upon economic optimisation. Focusing too much on the latter could imperil creativity, thereby depriving society of one of the key drivers in the development of the individual. This part of the monograph establishes how a system related to the necessity of creativity could be implemented today. Three chapters will achieve this – the first will assess how the principles of creativity could be identified, the second will identify how these principles can be enforced and put forward proposals for reform, and third, how the proposed system could be implemented and operate in practice.

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James Griffin

The monograph has, so far, argued that the necessity of creativity is being imperilled within the modern-day State, and that this in turn endangers the development of technologies such as 3D printing. Creativity has been critical to the development of the State, and this has relied upon the expression of the inner creativity of individuals. It is imperative that the zone of discourse is preserved, and not threatened by the overgrowth of an administrative zone. It was also argued that the flow of reproduction is equally important for the existence of creativity. This maintains the rationality of the State. To this end, the previous chapter outlined how economic reasoning has come to mask and hide the importance of creativity, and it proposed a creativity fund to help encourage access to existing creative works. This chapter takes the proposals further, to clearly set out the proposed systems.

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James Griffin

This chapter focuses more upon the regulatory oversight of the proposed systems. There is a focus upon how a body, ideally a combination of the existing Copyright Tribunal and Copyright Hub, could regulate of the proposed systems. There will be safeguards implemented to prevent the regulation of the system resulting in the rise of the zone of discourse being encroached upon by the administrative core (chapter 6). The Copyright Hub, in particular, can interface closely with digital technologies through licensing platforms – and this may have consequences for the future direction of regulation. It means that regulation can focus specifically on particular uses, which might potentially impinge upon the traditional creative ‘wriggle room’ that copyright law - and indeed, many other areas of law – provided. The impact of this will be considered, and safeguards against the removal of this traditional ‘space’ are put forward. This chapter will involve consideration of the recent developments concerning “identifiers” and content management information (CMI), alongside digital watermarking. These areas are becoming ever more important within newer technologies such as 3D printing and augmented reality.