Academic literature on the topic 'Investor protection system'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Investor protection system.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Investor protection system"
1
Kozłowski, Tomasz. "INVESTOR PROTECTION AND FINANCIAL SYSTEM STRUCTURE." Ekonomia i Prawo 2, no. 1 (December 31, 2006): 49. http://dx.doi.org/10.12775/eip.2006.002.
Full text
2
Zhang, Lin. "Undue Interference of Governments and the Dysfunctional Legal Regime for Safeguarding Investors in China." Business Law Review 41, Issue 3 (May 1, 2020): 89–96. http://dx.doi.org/10.54648/bula2020101.
Full textAbstract:
The Chinese authorities always purport that they aim to purify the Chinese securities market and enhance the legal protection for investors, but the reality is bleak and disappointing. Confronted with the torrent of corporate scandals, legal scholars have already contributed abundant intellectual products on improving the investors’ protection in Chinese state-controlled listed companies. However, the majority of these contributions focus on the refinement of relevant legal institutions on safeguarding investors in Chinese law, or the transplantation of new ones from major commercial jurisdictions. Few of them pay attention to the link between undue government interference and the malfunction of existing investor-oriented mechanisms of the Chinese legal system. This article demonstrates that apart from legal defects, undue governmental interference which disrupts the functioning of investor-friendly legal institutions in place is another non-negligible factor, or even the most fundamental one in the context of China, to explain the porous investor protection in Chinese state-controlled listed companies. Therefore, in order to improve investor protection in Chinese statecontrolled listed companies, the political reform on the establishment of a public servant government, which has been underway in China must be continued. Chinese securities market, legal protection for investors, state-owned enterprises (SOEs), corporate governance framework; China, Government, Interference, Law, Investors.
3
de Swart, Fai. "The Use of Mailbox Companies in International Investment Protection." European Company Law 12, Issue 1 (February 1, 2015): 19–25. http://dx.doi.org/10.54648/eucl2015004.
Full textAbstract:
To obtain a favourable protection for their investments, investors have resorted to treaty shopping in which an investor locates a newly set up legal entity (usually a mailbox company) in another jurisdiction. First, an overview is provided of the system of international investment protection, mainly elaborating on the definitions and criteria as for instance, the investment and investor definition. Then, on the use of mailbox companies in international investment protection is discussed.
4
Geller, Gabriel, and Maria João Guedes. "Political institutions and investor protection." Corporate Ownership and Control 17, no. 4, Special Issue (2020): 339–52. http://dx.doi.org/10.22495/cocv17i4siart11.
Full textAbstract:
This study examines how political institutions are associated with investor protection. Our results show that consensual political institutions have higher creditor protection but lower minority shareholder protection. Further, the system of government (parliamentary vs. presidential) and the level of democracy are the two dimensions of political institutions that best explain investor protection. The study presents some recommendations that add to the debate that shows that there is no single political theory or set of factors that fully explain the range of outcomes across OECD countries, and that looking to other dimensions of political institutions are useful to explain investor protection.
5
Sulistyani, Ratu Vidi, Anis Mashdurohatun, and Lathifah Hanim. "The Protection of Investor Rights in Margin Transactions By Securities Companies when Force Selling is Performed." Law Development Journal 3, no. 4 (December 31, 2021): 774. http://dx.doi.org/10.30659/ldj.3.4.774-789.
Full textAbstract:
The purpose of this study is to analyze investor rights protection arrangements in the analysis of margin transaction financing and the implementation of investor rights protection arrangements in the analysis of margin transaction financing by Stock Exchange Companies when a share sale is forced. The research method applied is sociological juridical.The results of this study show The regulation on the protection of investor rights in the analysis of margin transaction financing by a Stock Exchange Company when a share sale is made by force has actually been regulated in a letter of agreement, which is stated in Bapepam-LK Rule Number VD6. The existence of these regulations has fulfilled the legal protection aspects for investors as regulated in the Civil Code, but has not fulfilled the investor legal protection aspects as regulated in the Capital Market Law and the Consumer Protection Law. The implementation of the protection of investors' rights in the analysis of margin transaction financing by the Stock Exchange Company when a forced sale of shares is carried out has been carried out through a contract accompanied by the implementation of an internal control system and the implementation of haircuts by the IDX.Keywords: protection, margin transactions, forced sell.
6
Lepore, Luigi, Francesco Paolone, Sabrina Pisano, and Federico Alvino. "A cross-country comparison of the relationship between ownership concentration and firm performance: does judicial system efficiency matter?" Corporate Governance: The International Journal of Business in Society 17, no. 2 (April 3, 2017): 321–40. http://dx.doi.org/10.1108/cg-03-2016-0049.
Full textAbstract:
Purpose The purpose of this paper is to analyze the relationship between ownership structure and firm performance, including judicial system efficiency as a moderator to investigate the joint effects of both explanatory variables. Although prior studies have considered judicial system efficiency by examining de jure investor protection, this study identifies another useful proxy and explores de facto legal protection. Design/methodology/approach Ordinary least square multiple regression models were used to examine the influence of judicial efficiency, which was measured using the disposition time (DT) and legal origin, as a moderator of the relationship between ownership concentration and firm performance for a sample of 565 non-financial companies listed in Italy, France, Germany and Spain in 2013. Findings This paper shows that de facto investor protection ensured by an efficient judicial system is relevant to the relationship between firm performance and ownership structure. As a moderator variable, DT strengthens the intensity of this relationship in countries with low judicial efficiency, showing that ownership concentration leads to a better enhancement of firm performance and is, therefore, a more efficient governance mechanism in countries in which investor protection is weak. Originality/value The evidence presented expands the understanding of the link between firm performance and ownership structure. The institutional deficiencies suggest that internal governance mechanisms may substitute for external mechanisms in facilitating efficient governance. This study corroborates policymakers’ concerns regarding the efficiency of judicial systems and their role in protecting the rights of minority shareholders. The results suggest a need for more efficient external mechanisms of investor protection to facilitate investment in equity capital. Moreover, this study shows that DT is a more accurate measure of investor protection than the traditional measure of de jure legal protection.
7
Pagano, Marco, and Paolo F. Volpin. "The Political Economy of Corporate Governance." American Economic Review 95, no. 4 (August 1, 2005): 1005–30. http://dx.doi.org/10.1257/0002828054825646.
Full textAbstract:
We analyze the political determinants of investor and employment protection. Our model predicts that proportional electoral systems are conducive to weaker investor protection and stronger employment protection than majoritarian systems. This prediction is consistent with international panel data evidence. The proportionality of the voting system is significantly and negatively correlated with shareholder protection in a panel of 45 countries, and positively correlated with employment protection in a panel of 21 OECD countries. Other political variables also affect regulatory outcomes, especially for the labor market. The origin of the legal system has some additional explanatory power only for employment protection.
8
Anderson, Anne, Parveen P. Gupta, and Andrey Zagorchev. "Does a country’s financial and legal systems contemporaneously impact the governance and performance relationship: Further evidence?" Corporate Ownership and Control 9, no. 4-3 (2012): 279–308. http://dx.doi.org/10.22495/cocv9i4c3art2.
Full textAbstract:
We investigate the impact of continuous measures of the financial system and investor protection on the corporate governance-performance relationship. We find that shareholder suits rights/stock market capitalization (disclosure rights/stock market capitalization) has monotonic (non-monotonic) relation with firm performance and that high-levels of stock market capitalization and investor protection generate valuation synergies. Besides interactions of financial and legal systems with corporate governance, market- (bank-) orientation and development and stronger (weaker) investor protection along with better (worse) corporate governance are associated with higher (lower) valuations. A country’s migration to a developed stock market with enhanced investor protection is related to better corporate governance and firm performance.
9
Tan, Wenhao, Yun Sun, Jianfeng Zhao, and Dian Sun. "Accounting firms transformation and investor protection." ITM Web of Conferences 45 (2022): 01075. http://dx.doi.org/10.1051/itmconf/20224501075.
Full textAbstract:
The outburst of financial crisis gives a big hit to the global capital market, and makes the investors had a new cognition about the CPA (Certified Public Accountants). The capital market cannot develop healthily without the certified public accountants. The article aims to explain the legal responsibility of special general partnership, to expound the operation mechanism and responsibility formation mechanism of general partnership. It also aims to make a further analysis on problems of legal responsibility in special general partnership, in order to put forward how to define error or fraud, to set up the responsibility evaluation standard and restriction mechanism. The final purpose is to create a good guarantee system for the investors and promote the healthy development of capital market.
10
Wardhani, Ratna. "The role of investor protection in corporate governance and accounting harmonization: Cross-country analysis in Asia." Journal of Economics, Business & Accountancy Ventura 18, no. 2 (August 28, 2015): 267. http://dx.doi.org/10.14414/jebav.v18i2.453.
Full textAbstract:
The purpose of this research is to analyze the effect of law system for investor protection on implementation of corporate governance at company level and degree of convergence of local accounting standards to IFRS (International Financial Reporting Standards). The result shows that investor protection has positive effect on implementation of corporate governance and degree of convergence of local standard to IFRS. The evidence is consistent with the argument that firm can establish law environment well for their own, but the quality of corporate investor protection via implementation of corporate governance mechanisms will depend on efficiency of judicial system of the country where the firm operates; and the quality of accounting standard in one country is a signal of country’s commitment to investor protection in order to provide good protection for its investor; a country will tend to adopt higher quality of accounting standard to ensure financial reporting transparency. This indicates that investor protection can be the key to the quality of other governance mechanisms, both at institutional level such as accounting standards, and also at firm level such as corporate governance implementation.
Dissertations / Theses on the topic "Investor protection system"
1
Sheng, Jin. "Regulating China's corporate control transactions : accountability of transition to an investor protection centered regulatory system /." Click to view the E-thesis via HKUTO View the Table of Contents & Abstract, 2010. http://sunzi.lib.hku.hk/hkuto/record/B44016438.
Full text
2
Bzovii, Alice. "The Dual role of Most-Favoured-Nation-Clause in Investment Treaty System : Treatment of Protection of Foreign Investor." Thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-323181.
Full text
3
Zacharčenko, Jevhenij. "Eliminace ztrát materiálu a výsledného produktu při recyklaci tvrdokovového odpadu v METAL Holding CZ s.r.o." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-162415.
Full textAbstract:
The present thesis aims to evaluate implementation of various methods of asset protection through the example of a real manufacturing company. For this purpose, the thesis summarizes selected theoretical and practical knowledge from the fields of operational management, lean enterprise systems, security systems, financial and investment decision-making.
4
Löhr, Stefan Franz. "Betrügerisches Verhalten bei geschlossenen Fonds: Eine Analyse aus ökonomischer und rechtlicher Perspektive." Universitätsverlag Chemnitz, 2018. https://monarch.qucosa.de/id/qucosa%3A21414.
Full textAbstract:
Betrügerisches Verhalten bei geschlossenen Fonds ist in Deutschland Statistiken zufolge für jährliche Kapitalverluste im mittleren dreistelligen Millionenbereich verantwortlich. Der Gesetzgeber hat sich in der Vergangenheit wiederholt dem Problem angenommen und eine Vielzahl von zivil-, straf- und öffentlich-rechtlichen Maßnahmen zur Verbesserung des Anlegerschutzes auf den Weg gebracht, die mit dem Inkrafttreten des Kapitalanlagegesetzbuchs (KAGB) im Jahr 2013 ihren bisherigen Höhepunkt erreicht haben. Die Zweckdienlichkeit dieser Maßnahmen wird von Kritikern indes bezweifelt, darüber hinaus scheint sich in jüngerer Zeit ein neuartiges Phänomen des „sanktionslosen Betrugs“ auf dem Kapitalmarkt zu etablieren, bei dem es den Tätern gelingt entweder ohne, oder ohne nennenswerte Sanktionen – insbesondere in strafrechtlicher Hinsicht – davonzukommen. Als Beispiele seien hier die Debi Select Fonds aus Landshut sowie die POC-Fonds aus Berlin genannt, bei denen die im Hintergrund agierenden „Strippenzieher“ trotz millionenschwerer Anlegerschädigung weder in zivil- noch in strafrechtlicher Hinsicht zur Rechenschaft gezogen werden konnten. Die vorliegende Arbeit widmet sich der systematischen Erkundung dieses Phänomens, indem sie die Themenkomplexe „(sanktionslose) betrügerische geschlossene Fonds“ und „Anlegerschutz“ aus ökonomischer und rechtlicher Perspektive theoretisch analysiert und hieraus Verbesserungsvorschläge ableitet, die anschließend durch eine explorativ-empirische Expertenbefragung abgesichert und ergänzt werden. Konkret beantwortet die Arbeit folgende zentrale Forschungsfrage: „Was ist betrügerisches Verhalten bei geschlossenen Fonds und warum ist dies zum Teil sanktionslos?“ sowie vier ergänzende Forschungsfragen: (1) „Wie sieht die Anatomie betrügerischer geschlossener Fonds aus?“ (2) „Was sind die Ursachen und Anreizstrukturen, die betrügerisches Verhalten bei geschlossenen Fonds begünstigen?“ (3) „Welche Maßnahmen eignen sich zur Abwehr bzw. zur Eindämmung des betrügerischen Verhaltens bei geschlossenen Fonds?“ (4) „Bieten die zivil-, straf- und öffentlich-rechtlichen Maßnahmen des Gesetzgebers, insbesondere das KAGB einen ausreichenden Schutz vor betrügerischen geschlossenen Fonds?“Fraudulent behavior in closed-end funds is, according to statistics, responsible for annual capital losses in the mid-triple-digit millions. Legislators have repeatedly addressed the problem in the past and initiated a large number of civil, criminal and public-law measures to improve investor protection, which reached their peak in 2013 with the entry into force of the so-called “Kapitalanlagegesetzbuch” (KAGB). The usefulness of these measures are doubted by critics, moreover it appears that a new phenomenon of 'unsanctioned fraud' on the capital market appears to be established recently, where the perpetrators succeed either without or without significant sanctions, especially in criminal matters. Examples include the Debi Select funds from Landshut and the POC funds from Berlin, in which the 'stripping pullers' operating in the background could be held accountable neither in civil nor in criminal law despite millions in damage to investors. The present work is devoted to the systematic investigation of this phenomenon by theoretically analyzing the topics '(non-sanctioned) fraudulent closed-end funds' and 'investor protection' from an economic and legal perspective and deriving recommendations for improvement, which are then confirmed and supplemented by an explorative-empirical expert survey become. Specifically, the paper answers the following central research question: 'What is fraudulent behavior in closed-end funds and why is this partially sanctionless?' And four complementary research questions: (1) 'What is the anatomy of fraudulent closed-end funds?' (2) 'What are the causes and incentive structures that favor fraudulent behavior in closed-end funds? (3)'What measures are appropriate for the prevention or the containment of fraudulent behavior in closed-end funds?' (4) 'Do civil, criminal and public legislative measures, in particular the KAGB, provide sufficient protection against fraudulent closed-end funds?'
5
Armanno, Maria. "Regulatory bodies in EC securities markets between self- and statutory regulation : investor protection and the new financial intermediaries; a study of the French, Italian and British systems." Thesis, University of Glasgow, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268107.
Full text
6
Henchiri, Hanène. "Essais sur l'incidence de l'environnement institutionnel sur les décisions financières des firmes." Thesis, Orléans, 2011. http://www.theses.fr/2011ORLE0513/document.
Full textAbstract:
Les imperfections des marchés financiers et l'incomplétude des contrats financiers compliquent la conclusion d'ententes entre les firmes et les parties prenantes. Plusieurs solutions sont proposées pour réduire ces problèmes et faciliter la conclusion des contrats financiers. Les contrats étant enveloppés par un cadre institutionnel, ils en sont imprégnés et affectés. Les institutions sont donc une des solutions aux imperfections des marchés et à l'incomplétude des contrats. Les résultats de notre étude le prouvent clairement. Cette étude montre que le niveau de développement et la structure du système financier (en particulier la part relative des financements bancaires et de marché), les conditions de régulation du système bancaire (les formes et l’étendue de la supervision) et certaines caractéristiques des systèmes juridiques (la protection des créditeurs), ont un effet significatif sur les contraintes d'investissement. Il apparaît que la bonne qualité des institutions facilite l'accès aux financements et qu'elle renforce les garanties exigées pour l'octroi de la dette. De fait, la piètre qualité des institutions d’un pays constitue une entrave à l'accès au financement par le secteur privéThe imperfections of financial markets and the incompleteness of financial contracts cause commitments between firms and stakeholders to become more complex. Several solutions are suggested in order to reduce such problems and to facilitate the conclusion of financial contracts. Contracts evolve within an institutional structure, an environment by which they are conditioned. Institutions are one of many solutions to market imperfections and to contract incompleteness. Results bring out relevant effects of the financial system’s development and structure (particularly the amount of banking over market financing), banking regulation (the supervisory methods and their extent) and some characteristics of the legal systems (such as creditor protection) on investment constraints. It appears that sound and healthy institutions facilitate access to funding and strengthen the collateral required to secure bank financing. Consequently, poor quality of a country’s institutions hinders access to financing by the private sector
7
Rivière, Anne. "La régulation des gestionnaires de hedge funds en droit européen et américain : Enjeux et perspectives. Une étude comparée des régimes juridiques issus de la directive AIFM et du Dodd Franck Act." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1005.
Full textAbstract:
Plusieurs trillions de dollars d’actifs sous gestion : tel est le poids de l’industrie des hedge funds dans le système financier. Acteurs indispensables des marchés, les hedge funds sont pourtant des créatures méconnues. Réservés aux investisseurs professionnels ou qualifiés, ils ont longtemps tiré partie d’exemptions et échappé à une trop forte contrainte réglementaire. La crise financière de 2008 a bouleversé ce schéma et fait apparaître, en Europe et aux États-Unis, une même volonté d’encadrer davantage ces structures, par le biais de leurs gestionnaires. Aussi cette étude propose-t-elle une analyse comparée des dispositions introduites en la matière par la directive AIFM et par le Dodd Frank Act. Après un nécessaire éclairage sur cette industrie de l’ombre, elle examine les apports des deux textes, les confronte avant d’en dégager forces et faiblesses. Le traumatisme de la crise a fait émerger un double impératif : mieux protéger les investisseurs et prévenir le risque systémique. C’est à la lumière de ces deux objectifs que la seconde partie s’attarde sur le bien-fondé des réformes, leur portée réelle ainsi que leurs limites. Cette vue d’ensemble de la régulation applicable aux gestionnaires de hedge funds est également prétexte à une réflexion plus large sur la régulation financière, ses finalités, ses contours et ses défis. Nous concluons sur une feuille de route pour un acte II de la directive AIFM et formulons plusieurs propositions, en particulier l’interdiction totale de commercialisation auprès d’investisseurs de détail et la création d’une base de données mondiale du risque systémiqueThe hedge fund industry manages several trillion dollars in assets. Though they are key players of the financial system, hedge funds remain mysterious creatures. Available only to professional or qualified investors, they managed, for a long time, to take advantage of exemptions and to avoid a heavy regulatory burden. The 2008 financial crisis profoundly changed perspectives and led the European Union and the United States to introduce new regulations targeting hedge funds, through their managers and advisers. This study is a comparative analysis of such regulations, brought about by the AIFM Directive and the Dodd Frank Act. After a brief overview of the industry, both texts are examined and compared so as to identify their respective strengths and weaknesses. Two imperatives emerged out of the crisis: increasing investor protection and preventing systemic risk. In light of these two objectives, part II discusses the validity of the reforms, their scope and their limits. This extensive analysis of hedge fund regulation also leads to broader remarks on financial regulation, its aims, contours and challenges. Finally, a roadmap for a revised version of the AIFM Directive is proposed and concrete measures are suggested, such as the total prohibition of marketing to retail investors and the creation of a global database of systemic risk
8
PEI-JUNG, CHEN, and 陳珮容. "The Research on The Protection System of Investor under Merger and Acquisition." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/30820066509625725162.
Full textAbstract:
碩士淡江大學
國際貿易學系
92
Corporations can use the type of external growth to expanse their business by mutual investing and merger & acquisition( M&A ).For following the trend of internationalization and improving the whole environment of corporate M&A, the related Act was legislated to suit the convenience of company’s activities from 2000 to 2003, especially the Act of corporation merger and acquisition. However, the rush nature of the legislative process cause the Act were questioned that corporations require enormous profits but neglect the main protections of investors. This thesis center on the system of protection of investors, discusses the derivated problems as enterprises proceeding their M&A activities. 1. By studying the process of corporation M&A, we can analyzes the regulations relating the process of determination of director board and the information disclosure. 2. Assembling and discussing the relating rules which can defend the rights of stockholders and creditors. 3. Examining the methods of implementing the appraisal right of minority shareholders under the M&A. 4. The due process of law that shareholders can use to request compensation as their rights damaged by the managers or directors. Through the systematic and comprehensive study, we can conclude that it is admirable that the new regulations regarding corporation M&A provide the enterprises multiple M&A models, however, there are still a lot of problems about the protection of investors should be amended. First, the inconsistency among the different Act should be modified. For example, the rules about requesting elements of appraisal rights of minority stockholders are different between The Company Law and The Act of corporation merger and acquisition. Second, directors face huge profits conflicts in it, so the legislative duty of board and supervisors should be enforced, for example, the independent board directors or supervisors need to be established. Third, the beginning day of information disclosure, the price estimation standard also have to be rule out. Finally, the elements of derivative suit of independent stockholder should be amended and enforce the system of Class Action under the Securities and Futures Investors Protection Center.
9
Huang, Yu-Lan, and 黃郁嵐. "A Study of the Investor Protection System: Focusing on the Securities Class Action." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/02084268056308158083.
Full textAbstract:
碩士國立臺灣大學
法律學研究所
96
With the rapid growth of financial business, securities markets not only serve the need for publicly-held corporation to raise capital but also provide invesotrs an alternative way to use capital. Since the securities are intangible property, how to prevent fraud and protect investors becomes an important issue for countries all over the world. Among all the supervisory methods, full-disclosure appears to be the most efficient way to prevent fraud. Securities fraud claims are especially suitable for class-action proceedings in that the costs of bringing securities fraud litigation are almost always greater than the losses to individual investors. Furthermore, the proof of transaction causation and loss causation and the assesment of damages are much more difficult than any other kind of law suits. The U.S.-style class action is a unique American procedural device. It allows plaintiffs to sue not only for injury them sustaine but on behalf of other persons similarly situated for injury done to them. It serves the interests of economy by not having to try the same issues again in separate cases. Also, it serves the interests of consistency and finality by avoiding the possibilities of inconsistent outcomes in separate trials of similar cases and resolving all claims in a single case that is binding on all class members. The U.S.-style class action is once considered the most powerful mechanism to enforce federal securities laws. However, the danger of vexatious litigation may also jeopardize the soundness of securities markets. In 1995, the U.S. Congress passed the Private Securites Litigation Reform Act （PSLRA）to address the concern for frivolous suits and the agency problem of plaintiff’s attorneys. Nevertheless, the scholars are still concerned about whether the class action is a good solution for securities fraud. Recent corporate scandals in Europe have affected individual investors on a large scale with similar injuries. This has led to a recent shift in the role of enforcement in several EU member states, from soley state and public consumer group enforcement mechanism to the inclusion of private enforcement. Consequently, there is a trend that more and more EU member states start to adopt the U.S.-style class action. There are other kinds of unique approach of private enforcement. Some countries use their traditional civil procedure to enforce securities fraud claims, such as Germany. The German Capital Investors Model Proceeding is said to be the express rejection of the adoption of U.S.-style class action. Still some other countries use the “nonprofit organization” to enforce securities law claims, such as South Korea and Taiwan. In Taiwan, the corporate scandals in 1998 revealed the demand for better investor protection and related law-enforcement system. Because the participants of the securities markets were mostly unsophisticated individual investors and the barrier to litigation often impeded them from entering lawsuits, the Securities and Futures Commission (SFC) established an Investor Services Center (ISC) under the Securities and Futures Institute to coordinate claims against public companies on behalf individual investors. Due to the court costs, the security-posting and the lack of discovery proceeding, there was still desparate need to establish the class action device in Taiwan. In 2002, the congress passed the Securities and Futures Investors Protection Act (hereinafter “SFIPA”) to establish our own securities class action device. The most unique feature of the securities class action in Taiwan is that it is not driven by attorneys but by the “Securities and Futures Investors Protection Center” (hereinafter “SFIPA”). According to the SFIPA, the SFIPC may bring an action or submit a matter to arbitration in its own name with respect to a single securities or futures matter injurious to a majority of securities investors or futures traders, after having been so empowered by not less than 20 securities investors or futures traders. The concept of this regulation is borrowed from the Consumer Protection Act, which authorizes the authority to represent class members in the court and seek compensation arising from defendants’ product liability. To date, the SFIPC has brought 50 securities class action on behalf of more than 64,000 investors, seeking more than NT$24 billion in civil damages. The SFIPC has won 9 final judgments, including securities fraud, false financial statement, false prospectus statement and insider trading. In order to strengthen investors protection, the draft of the modification of the SFIPA addresses the need for further exemption of court costs and the authority for the SFIPC to open the shareholder derivative suit and the judicial procedure to remove directors and supervisors. This thesis will first introduce the securities class action in Taiwan in chapter 2, and compare the model of the securities class action in Taiwan with other jurisdictions in chapter 3. After analyzing the main features of securities class action in different jurisdictions, this thesis will further examine that whether the securities class action in Taiwan does give investors easier access to litigation and discuss the pros and cons of the draft of modification of the SFIPC in chapter 4. Finally, this thesis will examine the overall investor protection system in chapter 5. Chapter 6 will point out the necessities of the securities class action in Taiwan and the importance of the SFIPC as the conclusion.
10
Manurung, Jadi Haposan. "Investor Protection in the Indonesian Securities Market: Fact or Fiction?" Thesis, 2016. https://vuir.vu.edu.au/42316/.
Full textAbstract:
The improvement of investor protection systems is increasingly becoming a major concern of the financial sector in almost all jurisdictions because investors play a significant role in sustaining the activities of the securities market. With the enactment of its Capital Market Law, Indonesia has developed a rule and principles-based system to protect investors. However, the purpose of an investor protection system is not merely to provide regulations, ensure market supervision, and law enforcement, but also to provide investors with mechanisms for effective and efficient financial dispute resolution. Moreover, most research on investor protection systems has focused on the issue of compliance with disclosure requirements by public listed companies and issuers. In addition, previous studies of investor protection systems have been concerned with the governance of market institutions and licensed entities when implementing rules and regulations in the securities market. Neither scholars nor practitioners have paid much attention to seeking the means by which disputes between retail investors and license entities can be responded to and resolved quickly and effectively.
This study aims to investigate whether the existing Indonesian domestic laws and regulations effectively meet the requirements of securities investments in Indonesia. Another objective of this research is to scrutinise the regulatory framework of the Indonesian financial sectors. The study assessed the feasibility of introducing law reforms in the Indonesian securities market and establishing financial dispute resolution mechanisms in the financial sectors, including the securities market, according to the Financial Services Law.
For the purposes of this study, we conducted an extensive review of the literature, the publicly available reports, and the documents pertaining to the investor protection system. We also examined the domestic and international norms, regulations and legislations related to investor protection mechanisms in the financial services sectors. This study has drawn on the empirical experiences and best practices of other jurisdictions in implementing protective measures for retail investors. This research involves several forms of investigations and methods, namely regulatory reviews, informal group discussions, and lessons-learned. The thesis found that the implementation of a financial dispute resolution mechanism in the Indonesia financial services sectors, including the securities market is essential given the failure of the judiciary system in Indonesia in providing legal certainty and better enforcements, especially for retail investors. Further, the regulator needs to establish a close relationship with other enforcement institutions in order to make better decisions in legal proceedings to benefit investors. To address the current shortfall in regulations relevant to the securities market and investor protection system, the study finds that Indonesia needs supports from international paradigms and best practices in order to develop an effective investor protection system.
Books on the topic "Investor protection system"
1
United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. The Madoff investment securities fraud: Regulatory and oversight concerns and the need for reform : hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Eleventh Congress, first session, on how the securities regulatory system failed to detect the Madoff investment securities fraud, the extent to which securities insurance will assist defrauded victims, and the need for reform, January 27, 2009. Washington: U.S. G.P.O., 2009.
Find full text
2
The Madoff investment securities fraud: Regulatory and oversight concerns and the need for reform : hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Eleventh Congress, first session, on how the securities regulatory system failed to detect the Madoff investment securities fraud, the extent to which securities insurance will assist defrauded victims, and the need for reform, January 27, 2009. Washington: U.S. G.P.O., 2009.
Find full text
3
United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Enhancing investor protection and the regulation of securities markets: Hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Eleventh Congress, first session, on examining what went wrong in the securities markets, how we can prevent the practices that led to our financial system problems, and how to protect investors, March 10, 2009. Washington: U.S. G.P.O., 2009.
Find full text
4
Enhancing investor protection and the regulation of securities markets: Hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Eleventh Congress, first session, on examining what went wrong in the securities markets, how we can prevent the practices that led to our financial system problems, and how to protect investors, March 10, 2009. Washington: U.S. G.P.O., 2009.
Find full text
5
Van Harten, Gus. The Trouble with Foreign Investor Protection. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198866213.001.0001.
Full textAbstract:
Governments are rightly discussing reform of investment treaties, and of the powerful system of ‘investor–state dispute settlement’ (ISDS) upon which they rest. It is therefore important to be clear about the crux of the problem. ISDS treaties are flawed fundamentally because they firmly institute wealth-based inequality under international law. That is, they use cross-border ownership of assets, mostly by multinationals and billionaires, as the gateway to extraordinary protections, while denying equivalent safeguards to those who lack the wealth required to qualify as foreign investors. The treaties thus have the main effect of safeguarding an awe-inspiring set of rights and privileges for the ultra-wealthy at the expense of countries and their populations. This book shows how ISDS came to explode in a global context of extreme concentration of wealth and of widespread poverty. The history of early ISDS treaties is highlighted to show their ties to decolonization and, sometimes, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings reveals how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Examples are offered of how the protections have been used to reconfigure state decision making and shift sovereign minds in favour of foreign investors. Finally, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, even better, to withdraw from the treaties.
6
Gebert, Alexander. Legal Protection for Small and Medium-Sized Enterprises through Investor-State Dispute Settlement. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198795650.003.0012.
Full textAbstract:
The chapter illustrates the participation of small and medium-sized enterprises (SMEs) in the investor-state dispute settlement (ISDS) system, as well as obstacles from pursuing claims under investment treaties with corresponding solutions. SMEs are increasingly investing in foreign countries, and may be subject to state measures violating international law standards afforded under investment treaties. Investment treaties regularly also provide for ISDS as a means to enforce these standards by allowing foreign investors to commence arbitration proceedings against a state in a neutral forum. The chapter reveals that despite the perception as a dispute settlement mechanism accessible exclusively for large multinational corporations, in fact a substantial part of claimants in ISDS proceedings are SMEs. While it is true that high costs and the long duration of ISDS proceedings may be obstacles for SMEs, the flexibility of arbitration proceedings and the availability of external funding provide for opportunities to control time and costs.
7
Tietje, Christian, and Kevin Crow. The Reform of Investment Protection Rules in CETA, TTIP, and Other Recent EU FTAs: Convincing? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0004.
Full textAbstract:
This chapter explores the systemic problems that plague provision-dependent investment protection reforms in CETA, TTIP, and other recent EU FTAs. The authors suggest that the current international investment system’s asymmetrical structure precludes effective reforms because reforms that ‘level the playing field’ between state and investor run counter to the logic of a system designed with the purpose of protecting investors and investments, not states. The authors suggest that a new symmetrical international investment dispute settlement structure may provide a more convincing answer to calls for reform. After beginning with a background on the necessity of and problems with ‘vagueness’ in law (both generally and in the international investment system), the chapter analyses the most prominent reforms and reform proposals in the current international investment landscape. The chapter elucidates several of the structural problems that plague these current reform proposals and demonstrates that a symmetrical approach could alleviate these problems.
8
Griller, Stefan. Three Salient Issues of the New Comprehensive Free Trade Agreements. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0014.
Full textAbstract:
The author argues that the mega-regionals are incorporating WTO standards on the removal of technical barriers to trade (TBT), but do not go much further. Consequently, domestic policies on consumer or environmental protection are inevitably affected. However, in this regard, the mega-regionals would not result in a substantive change. By contrast, the relationship between the removal of TBT and investment protection standards is qualified as poorly balanced, unclear, and creating fresh problems. This includes the possibility that damages might be awarded even in cases where the party to the agreement has correctly used its ‘right to regulate’. Moreover, a critical account of the investor-state dispute settlement system foreseen is offered. It is presented as unnecessarily complex, and creating unbalanced advantages for investors. The better alternative would be integrating national courts into the system.
9
Grosse Ruse-Khan, Henning. Intellectual Property and International Investment Agreements. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0007.
Full textAbstract:
This chapter examines selected issues on the scope of intellectual property (IP) protection under international investment law and contrasts this with the approach of the international IP system. It first reviews the extent to which IP amounts to a protected investment. The chapter then analyses the operation of national treatment and most favoured nation (MFN) in international investment agreements (IIAs) and international IP treaties. Some of the absolute standards of treatment owed by a host state to a foreign investor under most IIAs are examined in their application to IP rights. Finally, this chapter scrutinises the extent to which obligations from the international IP system can be subject to investor–state dispute settlement (ISDS).
10
Aloysius P, Llamzon. Part III Towards a Jurisprudence Constante in Investment Arbitration Decision-Making on Corruption, 11 Concluding Chapter: Legal and Policy Tensions Underlying Anti-Corruption Decision-making. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198714262.003.0011.
Full textAbstract:
This chapter discusses the competing policy goals that vie for supremacy in every decision made by investment arbitrators concerning corruption. It considers all the policies that underpin the system of international investment arbitration — investor protection, good governance, and economic development — vis-à-vis international anti-corruption norms, leading to the proposal of an alternate typology for transnational corruption that may better assist arbitrators in the resolution of difficult corruption-related issues.
Book chapters on the topic "Investor protection system"
1
Goodhart, C. A. E. "Investor Protection and Unprincipled Intervention? (1987)." In The Central Bank and the Financial System, 453–57. London: Palgrave Macmillan UK, 1995. http://dx.doi.org/10.1057/9780230379152_20.
Full text
2
He, Dexu. "Institutional Construction (3)—Securities Investor Protection System." In Research Series on the Chinese Dream and China’s Development Path, 191–212. Singapore: Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-0969-3_10.
Full text
3
Khan, Rebecca E. "Not a Third Party: Home State Participation As a Matter of Right in Investment Treaty Arbitration." In Public Actors in International Investment Law, 97–115. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_6.
Full textAbstract:
AbstractHost states are not the only sovereign parties that an investment dispute can impact. The sovereign interests of an investor’s home state are also potentially affected by an investment claim initiated by a national against an investment treaty partner, and more mechanisms should be put in place to ensure that the home state has access to the arbitration proceedings. This chapter argues for non-disputing state party participation as a matter of right in investment treaty arbitration cases. Whether or not the home state of the investor is informed of and allowed to participate in an investment dispute has largely been left to the discretion of arbitral tribunals; arbitration rules and jurisprudence have regarded the home state no differently than non-governmental third parties seeking to participate in the arbitration as amici curiae. From the perspective of increased transparency in the investor-state dispute settlement system, this chapter posits that non-disputing state parties must be accorded an elevated status in investor-state arbitration, with the following rights: first, to be formally notified at the outset about an investment treaty dispute; second, to have access to the documents of the arbitration case; and, third, to make written submissions with respect to the interpretation of the international investment agreement invoked in the claim. The analysis begins by identifying the sovereign interests of the home state that come into play in an investment treaty arbitration. The perils of diplomatic protection are examined in this chapter, to provide the perspective from which to delimit the parameters for non-disputing state party participation. A survey of arbitration rules and jurisprudence outlines the level of participation thus far accorded to home states in investment treaty arbitration.
4
Sadowski, Wojciech. "The Rule of Law and the Roll of the Dice. The Uncertain Future of Investor-State Arbitration in the EU." In Defending Checks and Balances in EU Member States, 333–59. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_13.
Full textAbstract:
AbstractInvestment treaty law and EU law began to develop in the same era and share some important philosophical and axiological foundations. The pressure on the CEE countries to enter into numerous bilateral investment treaties in late 80s and early 90s, in the context of the EU accession aspirations of the former communist countries, was likely to result, eventually, in a conflict between EU law and investment treaty law. The conflict could have been managed in three different ways, yet the CJEU decided in Achmea to declare an undefined volume of intra-EU arbitrations to be incompatible with EU law. This important judgment, which delivered an outcome desired by the European Commission and a number of Member States, is based on questionable legal reasoning that creates high uncertainty in this area of law. The doubts include the scope of application of Achmea, which is now a highly debatable issue. The CJEU itself saw it necessary to limit the scope of Achmea by declaring in Opinion 1/17 (CETA) that the legal reasoning of Achmea did not apply to investment protection treaties with third countries. The Member States of the EU remain politically divided in their views as to whether Achmea applies to the Energy Charter Treaty. And while the problems with the rule of law and independence of the judiciary in certain Member States continue to grow, Achmea has left an important gap for which there is no substitute in the current architecture of the EU legal system.
5
Cristani, Federica. "The Role of Sub-Regional Systems in Shaping International Investment Law-Making: The Case of the Visegrád Group." In Public Actors in International Investment Law, 135–53. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_8.
Full textAbstract:
AbstractThe present chapter focuses on the role of the Visegrád group (or V4, comprising Slovakia, Hungary, Poland and the Czech Republic) in international investment law-making. The chapter starts with a brief overview of the V4 group as a sub-regional system in Europe, including its modus operandi and main achievements in the field of economic cooperation. Subsequently, it turns to the regulation of foreign direct investment (FDI), both at the level of each V4 state and at EU level—with particular regard to the implication of the EU’s exclusive competence on FDI. Special attention is paid to the approach of the V4 countries towards the question of termination of intra-EU bilateral investment treaties (BITs)—including an overview of the related objections to jurisdiction that the four countries have raised over the years in investor-state arbitrations based on intra-EU BITs—and to the relationship of the V4 group with non-EU countries—especially with (selected) East Asian countries. The main question is whether—and to what extent—the V4 group as a sub-regional system has a role to play in international investment law-making. The chapter highlights the proactive and advocacy role that the V4 group has traditionally played in manifold subject-matters, including the promotion and protection of FDI, and supports the positive “soft power” the V4 may exercise in this respect.
6
Martín-Artiles, Antonio, Vincenzo Fortunato, and Eduardo Chávez-Molina. "Unemployment Benefits: Discursive Convergence, Distant Realities." In Towards a Comparative Analysis of Social Inequalities between Europe and Latin America, 389–417. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-48442-2_13.
Full textAbstract:
AbstractUnemployment protection systems have certain characteristics in common in Argentina, Uruguay, Spain and Italy: they are compulsory and contributory-proportional, although in Uruguay, it also has a capitalisation supplement. Despite the similarities, they work differently because the context of informal employment chiefly, and unemployment, low salaries and precariousness differ greatly. Consequently, the unemployment protection coverage rate varies. Theories of the Active Welfare State, the Investor State and the reforms of unemployment protection systems have led to a certain modernising language being adopted in these countries: activation, employability, conditionality, lifelong learning, flexibility, which are, among others, words shared with Europe.However, the meanings of these words differ according to the institutional context of each country. In Latin America the welfare state is low institutionalised even almost non-existent, while in Europe it is a diverse institution. Despite this, the four countries share an upward trend in benefit policies, in accordance with the increase in poverty risk.
7
Wimmer, Nancy. "100% Electrification but What Comes Next for Bangladesh? Lessons from Insiders." In Energiepolitik und Klimaschutz. Energy Policy and Climate Protection, 53–66. Wiesbaden: Springer Fachmedien Wiesbaden, 2022. http://dx.doi.org/10.1007/978-3-658-38215-5_3.
Full textAbstract:
AbstractIn 2002 when over 70% of the country’s rural population had for generations never known electric light, the most dynamic off-grid electrification program in the world was launched. Its purpose: to provide rural households with Solar Home Systems. Within a decade, Bangladesh was on its way to becoming the world’s fastest growing off-grid solar market. This market did not emerge by chance. Here new ideas were at work with both the leadership and the resources to put them into practice: the World Bank as investor; IDCOL, Bangladesh’s financial intermediary, as project manager; and rural entrepreneurs as solar service providers. Yet, there is a further remarkable achievement in the Bangladesh energy market. Over 90% of the people in Bangladesh now have access to the electric grid. What role will solar technology play in future? Will the solar market move away from Solar Home Systems towards grid-connected distributed renewable energy systems? What is next for Bangladesh? These are the topics we want to explore in this chapter. This chapter reports hands-on experience from the insiders of the program, and relates their lessons from the past to perspectives for the future.
8
Gelb, Laura, and Mohamed Ali Marouani. "Access to Social Protection by Immigrants, Emigrants and Resident Nationals in Tunisia." In IMISCOE Research Series, 363–74. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51237-8_22.
Full textAbstract:
AbstractTunisia is one of the developing countries which invested the most in its social protection system and upgraded it regularly since independence to include a larger share of the population. Given the importance of emigration for the Tunisian economy and society, various bilateral social security agreements have been signed with the main countries of destination to guarantee the rights of Tunisian emigrants. The Tunisian social security ensures the same entitlements as nationals to foreign residents who have formal contracts and contribute to social insurance. However, getting these contracts is not an easy task for foreigners. Undocumented foreigners do not have any entitlements and must rely on the support of NGOs or international organizations.
9
Spaeth, Walter, and Tomáš Peráček. "Cryptocurrencies, Electronic Securities, Security Token Offerings, Non Fungible Tokens: New Legal Regulations for “Crypto Securities” and Implications for Issuers and Investor and Consumer Protection." In Studies in Systems, Decision and Control, 217–38. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-95813-8_10.
Full text
10
Kunitskaya, Olga M. "Legal Guarantees and Protection of Investors’ Rights During the Transformation of Public Relations in the Context of the Formation of the Industry 4.0 and the Intensification of Integration Processes." In Lecture Notes in Networks and Systems, 1858–71. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69415-9_205.
Full textConference papers on the topic "Investor protection system"
1
Huang, Cao. "Research on Investor Protection System of Chinese Depositary Receipts." In Proceedings of the 2018 2nd International Conference on Economic Development and Education Management (ICEDEM 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icedem-18.2018.86.
Full text
2
Kee, Ernie, and Martin Wortman. "Nuclear Power: On PRA and Protective System Maintenance." In ASME 2021 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2021. http://dx.doi.org/10.1115/imece2021-73035.
Full textAbstract:
Abstract The processes used in managing protective system equipment failures in the commercial nuclear power setting are reviewed. We assert that efficacy of protection is governed by maintenance policy that includes system modification, maintenance inter-arrivals as a function of time, and upset inter-arrivals as a function of time; we further assert that such a maintenance policy is the one used in nuclear power plant protective systems. Observations described in this article bear on the impact of time-dependent activities, associated with maintenance policy, as they relate to endogenous and exogenous upset inter-arrival times. We describe why methods evaluating maintenance policy reliant on combinatorial logic, such as Probabilistic Risk Assessment (PRA), fault trees, or event trees, may lead to ineffective maintenance policy decision-making for protective system efficacy, and we show why this is true. Recommendations for maintaining effective protections, and connections to engineering maintenance practice and regulations are made based on the implications that come from our observations. The importance of the issues described is that relationship of design, maintenance, and repair policies must be properly understood and taken into account by process owners, operators, and investors as well as regulators, who manage protections in hazardous processes.
3
Ipatyev, Ivan R., and Konstantin V. Krinichansky. "Actual problems of regulation of the release and circulation of structured financial products." In Sustainable and Innovative Development in the Global Digital Age. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.pwgl5422.
Full textAbstract:
The market of structured financial products in emerging economies is a young phenomenon which carries a number of disadvantages. In more developed financial systems in the United States and Europe, it operates in conditions of clearly functioning mechanisms for protecting the rights of consumers of financial services. Despite the efforts made by the Bank of Russia, the system of protection of the rights and legitimate interests of investors, especially individuals, remains incomplete in Russia. There are problems regarding the operation of the information disclosure system, the facts of insider information abuse and market manipulation. Frequent changes in legislation, as well as continuing legislative gaps, create uncertainty. Despite significant discrepancies in the interpretation of the term “structural product”, the grounds for fixing it in legislation and making it “legal” have not yet developed. A structural product, as an artificial or synthetic phenomenon, will be regulated through the application to it of norms relating, respectively, to contracts or securities from which such a product is formed. Also, when purchasing securities on the exchange, the rules on clearing settlements must be observed, and in some cases – on settlements with the participation of a central counterparty, whose functions are traditionally performed by non-bank credit organizations licensed to carry out clearing activities. The task of improving the regulatory framework in order to regulate the issue and circulation of structured products in Russia is especially relevant due to the rapid growth in the number of retail investors.
4
Cannuscio, Robert E. "Fencing in Green: Intellectual Property Protection of Developments in Sustainability and Energy Efficient Systems." In ASME 2008 2nd International Conference on Energy Sustainability collocated with the Heat Transfer, Fluids Engineering, and 3rd Energy Nanotechnology Conferences. ASMEDC, 2008. http://dx.doi.org/10.1115/es2008-54306.
Full textAbstract:
The increasing interest in recent years in energy efficiency and sustainability has generated a wealth of new innovations. Whether it is improved systems for generating energy from wind or water, new biofuels, or methods for increasing energy production from conventional fossil fuels, such innovations require expenditure of considerable research and development money. Failure to take measures to protect those innovations leave a company’s treasures open for others to use. While some feel that no protection should be granted on methods and devices that are designed to heal our Earth, the law was developed to encourage companies to invest in research. As it is, a large number of companies have already sought Intellectual Property protection for the advances they have conceived. Automotive companies have been protecting hybrid and hydrogen developments for many years. Other fields, such as solar power and wind generation, have seen a recent increase in patent applications on new developments. Navigating through these developments is becoming more and more complex as companies seek not only to protect devices that they have brought to market, but also improved concepts and advanced stages of research. Many companies blindly spend vast sums of money researching advances in a particular field, only to find out that another company has placed an Intellectual Property obstacle that inhibits bringing the advanced technology to market. Recent cases, including those from the Supreme Court have significant impact on how and whether new technology can be protected. This paper explains why patenting of green technology is beneficial to our society and some important things that companies involved in sustainability and energy advances need to know to protect themselves in this new green tinted world.
5
Bazone, Guna, and Janis Ievins. "Labour protection problems in new forms of employment in Latvia." In 11th International Scientific Conference „Business and Management 2020“. VGTU Technika, 2020. http://dx.doi.org/10.3846/bm.2020.632.
Full textAbstract:
The aim of the article is to reflect the situation regarding the problems in creating a labour pro-tection system for the new forms of employment in Latvia. It is concluded that in Latvia, as in the rest of Europe, there is no common understanding of what new forms of employment are, nor do the regulatory enactments specifically define what training and instruction procedures are in the field of labour protection at the moment. The research conducted by the authors shows that interest in and understanding of labour protection is low, and people do not know where they can gain information. As a result of the research it was found that people are not ready to invest money in establishing the labour protection system due to the fact that labour protection is perceived as a formal and unnecessary activity. The authors suggest that greater attention should be paid to this issue, particularly taking into account that, in the current digital era, new forms of employment continue developing, while the literature and research available at the moment at a Latvian and European level are insufficient.
6
Morain, Stanley A. "Critical Infrastructure Protection Using Image Intelligence From Space-Based Aerial Sensors." In ASME 2002 International Mechanical Engineering Congress and Exposition. ASMEDC, 2002. http://dx.doi.org/10.1115/imece2002-32926.
Full textAbstract:
America’s transportation systems are predicated on economic, social, and political stability. After the epiphany of September 11, and subsequent national alerts, however, all sectors of transportation, not just in the USA, but around the world have become keenly aware of the vulnerabilities inherent in such systems; and of the cascading consequences that can arise from attacks at critical nodes in any one or more of the transportation sectors. Critical infrastructure protection can be enhanced significantly through better and more routine use of intelligence extracted from real time, time sequential, and archival images obtained by aerial and satellite sensors. Since we cannot, and probably never would, re-engineer current transportation infrastructures to harden them against random attacks, planners can use image-derived intelligence to redesign their information and decision support systems to detect, prepare, prevent, protect, and respond to incidents. In many instances technology already exists to begin these redesigns, but before 9/11 there was little incentive to invest in the effort. Measures that were once difficult to justify as protection against acts of nature are now justifiable as protection against deliberate acts of aggression. These measures, once learned and implemented, will be applicable to both natural and deliberate incidents.
7
Li, Menghe. "Research on the Protection of Minority Investors' Rights and Interests by Special Shareholding Structure Institutional Analysis on Science and Technology Innovation Board with Registration System." In Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/jahp-19.2019.72.
Full text
8
Krupowicz, Wioleta, and Katarzyna Sobolewska-Mikulska. "Possible Applications of Spatial Analyses in Designing the Agricultural Road Network with Particular Consideration of the Environmental and Landscape Aspects." In Environmental Engineering. VGTU Technika, 2017. http://dx.doi.org/10.3846/enviro.2017.208.
Full textAbstract:
The development of the agricultural road network is a complex activity based on a broad range of criteria necessary to be taken into account during analyses and desk studies. The analyses and design solutions cannot be unilateral, considering only technical and economic aspects. Elements of environmental protection and management of agricultural landscape, as well as solutions in the scope of protection of soils and waters are necessary in this type of design works, and result from solutions accepted for implementation in reference to the rural areas of all Member States of the European Union. Such a multi-aspect process requires the use of tools in an environment which technologically permits the development of multi-variant solutions to a given problem, and selection of a single, most appropriate proposal. Geographic Information Systems (GIS) currently constitute such an environment. Their undeniable advantages include their analytical possibilities which can be formalised in the form of developed models of spatial analyses – creating sets of new, ready to use tools supporting the decision making process in the scope of determination of the optimal course of agricultural roads. Additional advantages are the possibility of integration of data obtained from various sources, and presentation to stakeholders (e.g. residents, farmers, local authorities, entrepreneurs, and investors) of the obtained solutions in the form of maps, almost in real time, as well as possibility of making optimum decisions with their active participation. Easier access to GIS technology and systematically growing level of awareness regarding measurable benefits from the application of this type of solutions should also be emphasised. The article presents examples of spatial analyses allowing for relatively fast obtaining of spatial information necessary for efficient design-related decision making for the purpose of improvement of the system of agricultural roads with particular consideration of environmental and landscape aspects.
9
f Švajlenka, Joze, Mária Kozlovská, and Marcela Spišáková. "GREEN AND ENERGY EFFICIENT SOLUTIONS IN THE CONSTRUCTION INDUSTRY." In GEOLINKS International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/geolinks2020/b2/v2/24.
Full textAbstract:
Ecology and environmental protection have been discussed more and more in the last few years. This trend was also affected by the construction and architecture department. Concepts such as green building, environmentally friendly materials, alternative energy sources and energy-efficient construction systems of buildings are depressed. All of this comes under the name "Green Buildings". Wood-based construction and material solutions are a response to these trends. Investors and users are gradually starting to think more environmentally friendly and therefore many times also make decisions for wood-based constructions. There are several systems that fall into the category of so-called crushed buildings. The aim of this work is to provide a look at the "greener" options offered in the construction industry with an emphasis on their energy and thermal characteristics. The subject of the research was selected structural parts of timber-based buildings applied to model constructions by means of which selected thermal-technical characteristics were evaluated. This work points out the differences between the compared design variants of wooden buildings in terms of their ability to effectively save energy sources for heating inserted during the operation of wood-based buildings.
10
Zimmermann, J. R. A., J. C. Schab, A. Stankowski, P. D. Grasso, S. Olliges, and C. Leyens. "Modular Coating for Flexible Gas Turbine Operation." In ITSC2015, edited by A. Agarwal, G. Bolelli, A. Concustell, Y. C. Lau, A. McDonald, F. L. Toma, E. Turunen, and C. A. Widener. ASM International, 2015. http://dx.doi.org/10.31399/asm.cp.itsc2015p1078.
Full textAbstract:
Abstract With today’s continuously increasing demand for flexibility in heavy duty gas turbines operation, power plant owners are forced to change their operation regime from base load to cyclic operation. The required coating properties for the two regimes are contradicting and cannot be optimized with current MCrAlY systems. Furthermore, for each turbine component, as well as in individual part locations, the loading boundary conditions are differently weighted. For an overall optimized component protection it is therefore of interest to produce coatings with flexible and individually tailored properties. In this context, ALSTOM invested into the development of an Advanced Modular Coating Technology (AMCOTEC), which is based on several powder constituents and a new application method, allowing in-situ compositional changes [11]. With this approach, coating properties, such as oxidation, corrosion, erosion resistance, cyclic lifetime etc. can be modularly adjusted for individual component types and areas. This also includes production of functionally graded coatings, without changing the chemistry of powder fractions.
Reports on the topic "Investor protection system"
1
Gombeda, Matthew, Estevan Rivera, and Zoe Lallas. Optimal Approach for Addressing Reinforcement Corrosion for Concrete Bridge Decks in Illinois. Illinois Center for Transportation, April 2022. http://dx.doi.org/10.36501/0197-9191/22-005.
Full textAbstract:
This report presents the results of a comprehensive literature review focusing on corrosion performance of reinforced concrete bridge decks, with a particular emphasis on the relative performance of alternative corrosion-resistant reinforcement types. Examples of alternative corrosion-protection options examined herein include epoxy-coated, galvanized, stainless-steel, and A1035 bars, considering conventional black reinforcing bars as the standard. Based upon the results of the literature review, a framework for determining the optimal reinforcement option for a bridge deck is presented as a function of the properties of each reinforcement type and other factors, such as design service life, location of the bridge, estimated maintenance/repair cycles, and relative costs. Several examples are also provided to demonstrate the procedure for using the framework and its applicability for different bridge types with varying design considerations, such as a congested urban artery and a rural interstate. The literature review findings and the optimal approach framework were crafted for use by bridge design engineers as preliminary guidance when determining the type of reinforcement for a given bridge deck and its corresponding conditions. Furthermore, the approach can also be used by Illinois Department of Transportation officials when deciding whether to invest in higher performing corrosion-protection systems for a given application or for updating current bridge design policies to reflect the latest developments in alternative corrosion-resistant reinforcement options.
2
Martin, Matthew, Jo Walker, Kwesi W. Obeng, and Christian Hallum. The West Africa Inequality Crisis: Fighting austerity and the pandemic. Development Finance International, Oxfam, October 2021. http://dx.doi.org/10.21201/2021.8045.
Full textAbstract:
The COVID-19 pandemic has revealed and worsened the depth of inequality in West Africa. It has pushed millions into poverty. There is no end in sight due to the obscene global vaccine inequality, which means that less than 4% of West Africans had been fully vaccinated against COVID-19 as at September 2021, compared with 52% in the United States and 57% in the European Union. In 2021, when COVID-19 infections are rising in West Africa, the critical support health and socioeconomic programmes put in place by most governments in 2020 are being rolled back and replaced with austerity. Many governments are following advice from the IMF and World Bank, reminiscent of the severe cuts in spending imposed under the structural adjustment policies of the 1980s and 1990s. However, as this paper argues, the pandemic offers West African governments a once-in-a-generation opportunity to invest heavily in inequality-busting policies by boosting public spending (especially on healthcare, education and social protection), making tax systems more progressive, and tackling joblessness and precarious work. This report uses the Commitment to Reducing Inequality Index (CRII) framework devised by Oxfam and Development Finance International to assess the policies of West African governments. Visit the CRI Index website to learn more: www.inequalityindex.org.
3
Shapira, Roni, Judith Grizzle, Nachman Paster, Mark Pines, and Chamindrani Mendis-Handagama. Novel Approach to Mycotoxin Detoxification in Farm Animals Using Probiotics Added to Feed Stuffs. United States Department of Agriculture, May 2010. http://dx.doi.org/10.32747/2010.7592115.bard.
Full textAbstract:
T-2 toxin, a toxic product belongs to the trichothecene mycotoxins, attracts major interest because of its severe detrimental effects on the health of human and farm animals. The occurrence of trichothecenes contamination is global and they are very resistant to physical or chemical detoxification techniques. Trichothecenes are absorbed in the small intestine into the blood stream. The hypothesis of this project was to develop a protecting system using probiotic bacteria that will express trichothecene 3-O-acetyltransferase (Tri101) that convert T-2 to a less toxic intermediate to reduce ingested levels in-situ. The major obstacle that we had faced during the project is the absence of stable and efficient expression vectors in probiotics. Most of the project period was invested to screen and isolate strong promoter to express high amounts of the detoxify enzyme on one hand and to stabilize the expression vector on the other hand. In order to estimate the detoxification capacity of the isolated promoters we had developed two very sensitive bioassays.The first system was based on Saccharomyces cerevisiae cells expressing the green fluorescent protein (GFP). Human liver cells proliferation was used as the second bioassay system.Using both systems we were able to prove actual detoxification on living cells by probiotic bacteria expressing Tri101. The first step was the isolation of already discovered strong promoters from lactic acid bacteria, cloning them downstream the Tri101 gene and transformed vectors to E. coli, a lactic acid bacteria strain Lactococcuslactis MG1363, and a probiotic strain of Lactobacillus casei. All plasmid constructs transformed to L. casei were unstable. The promoter designated lacA found to be the most efficient in reducing T-2 from the growth media of E. coli and L. lactis. A prompter library was generated from L. casei in order to isolate authentic probiotic promoters. Seven promoters were isolated, cloned downstream Tri101, transformed to bacteria and their detoxification capability was compared. One of those prompters, designated P201 showed a relatively high efficiency in detoxification. Sequence analysis of the promoter region of P201 and another promoter, P41, revealed the consensus region recognized by the sigma factor. We further attempted to isolate an inducible, strong promoter by comparing the protein profiles of L. casei grown in the presence of 0.3% bile salt (mimicking intestine conditions). Six spots that were consistently overexpressed in the presence of bile salts were isolated and identified. Their promoter reigns are now under investigation and characterization.
4
Zhou, Ting, Roni Shapira, Peter Pauls, Nachman Paster, and Mark Pines. Biological Detoxification of the Mycotoxin Deoxynivalenol (DON) to Improve Safety of Animal Feed and Food. United States Department of Agriculture, July 2010. http://dx.doi.org/10.32747/2010.7613885.bard.
Full textAbstract:
The trichothecene deoxynivalenol (DON, vomitoxin), one of the most common mycotoxin contaminants of grains, is produced by members of the Fusarium genus. DON poses a health risk to consumers and impairs livestock performance because it causes feed refusal, nausea, vomiting, diarrhea, hemolytic effects and cellular injury. The occurrence of trichothecenes contamination is global and they are very resistant to physical or chemical detoxification techniques. Trichothecenes are absorbed in the small intestine into the blood stream. The overall objective of this project was to develop a protecting system using probiotic bacteria that will express trichothecene 3-O-acetyltransferase (Tri101) that convert T-2 to a less toxic intermediate to reduce ingested levels in-situ. The major obstacle that we had faced during the project is the absence of stable and efficient expression vectors in probiotics. Most of the project period was invested to screen and isolate strong promoter to express high amounts of the detoxify enzyme on one hand and to stabilize the expression vector on the other hand. In order to estimate the detoxification capacity of the isolated promoters we had developed two very sensitive bioassays.The first system was based on Saccharomyces cerevisiae cells expressing the green fluorescent protein (GFP). Human liver cells proliferation was used as the second bioassay system.Using both systems we were able to prove actual detoxification on living cells by probiotic bacteria expressing Tri101. The first step was the isolation of already discovered strong promoters from lactic acid bacteria, cloning them downstream the Tri101 gene and transformed vectors to E. coli, a lactic acid bacteria strain Lactococcuslactis MG1363, and a probiotic strain of Lactobacillus casei. All plasmid constructs transformed to L. casei were unstable. The promoter designated lacA found to be the most efficient in reducing T-2 from the growth media of E. coli and L. lactis. A prompter library was generated from L. casei in order to isolate authentic probiotic promoters. Seven promoters were isolated, cloned downstream Tri101, transformed to bacteria and their detoxification capability was compared. One of those prompters, designated P201 showed a relatively high efficiency in detoxification. Sequence analysis of the promoter region of P201 and another promoter, P41, revealed the consensus region recognized by the sigma factor. We further attempted to isolate an inducible, strong promoter by comparing the protein profiles of L. casei grown in the presence of 0.3% bile salt (mimicking intestine conditions). Six spots that were consistently overexpressed in the presence of bile salts were isolated and identified. Their promoter reigns are now under investigation and characterization.
5
African Open Science Platform Part 1: Landscape Study. Academy of Science of South Africa (ASSAf), 2019. http://dx.doi.org/10.17159/assaf.2019/0047.
Full textAbstract:
This report maps the African landscape of Open Science – with a focus on Open Data as a sub-set of Open Science. Data to inform the landscape study were collected through a variety of methods, including surveys, desk research, engagement with a community of practice, networking with stakeholders, participation in conferences, case study presentations, and workshops hosted. Although the majority of African countries (35 of 54) demonstrates commitment to science through its investment in research and development (R&D), academies of science, ministries of science and technology, policies, recognition of research, and participation in the Science Granting Councils Initiative (SGCI), the following countries demonstrate the highest commitment and political willingness to invest in science: Botswana, Ethiopia, Kenya, Senegal, South Africa, Tanzania, and Uganda. In addition to existing policies in Science, Technology and Innovation (STI), the following countries have made progress towards Open Data policies: Botswana, Kenya, Madagascar, Mauritius, South Africa and Uganda. Only two African countries (Kenya and South Africa) at this stage contribute 0.8% of its GDP (Gross Domestic Product) to R&D (Research and Development), which is the closest to the AU’s (African Union’s) suggested 1%. Countries such as Lesotho and Madagascar ranked as 0%, while the R&D expenditure for 24 African countries is unknown. In addition to this, science globally has become fully dependent on stable ICT (Information and Communication Technologies) infrastructure, which includes connectivity/bandwidth, high performance computing facilities and data services. This is especially applicable since countries globally are finding themselves in the midst of the 4th Industrial Revolution (4IR), which is not only “about” data, but which “is” data. According to an article1 by Alan Marcus (2015) (Senior Director, Head of Information Technology and Telecommunications Industries, World Economic Forum), “At its core, data represents a post-industrial opportunity. Its uses have unprecedented complexity, velocity and global reach. As digital communications become ubiquitous, data will rule in a world where nearly everyone and everything is connected in real time. That will require a highly reliable, secure and available infrastructure at its core, and innovation at the edge.” Every industry is affected as part of this revolution – also science. An important component of the digital transformation is “trust” – people must be able to trust that governments and all other industries (including the science sector), adequately handle and protect their data. This requires accountability on a global level, and digital industries must embrace the change and go for a higher standard of protection. “This will reassure consumers and citizens, benefitting the whole digital economy”, says Marcus. A stable and secure information and communication technologies (ICT) infrastructure – currently provided by the National Research and Education Networks (NRENs) – is key to advance collaboration in science. The AfricaConnect2 project (AfricaConnect (2012–2014) and AfricaConnect2 (2016–2018)) through establishing connectivity between National Research and Education Networks (NRENs), is planning to roll out AfricaConnect3 by the end of 2019. The concern however is that selected African governments (with the exception of a few countries such as South Africa, Mozambique, Ethiopia and others) have low awareness of the impact the Internet has today on all societal levels, how much ICT (and the 4th Industrial Revolution) have affected research, and the added value an NREN can bring to higher education and research in addressing the respective needs, which is far more complex than simply providing connectivity. Apart from more commitment and investment in R&D, African governments – to become and remain part of the 4th Industrial Revolution – have no option other than to acknowledge and commit to the role NRENs play in advancing science towards addressing the SDG (Sustainable Development Goals). For successful collaboration and direction, it is fundamental that policies within one country are aligned with one another. Alignment on continental level is crucial for the future Pan-African African Open Science Platform to be successful. Both the HIPSSA ((Harmonization of ICT Policies in Sub-Saharan Africa)3 project and WATRA (the West Africa Telecommunications Regulators Assembly)4, have made progress towards the regulation of the telecom sector, and in particular of bottlenecks which curb the development of competition among ISPs. A study under HIPSSA identified potential bottlenecks in access at an affordable price to the international capacity of submarine cables and suggested means and tools used by regulators to remedy them. Work on the recommended measures and making them operational continues in collaboration with WATRA. In addition to sufficient bandwidth and connectivity, high-performance computing facilities and services in support of data sharing are also required. The South African National Integrated Cyberinfrastructure System5 (NICIS) has made great progress in planning and setting up a cyberinfrastructure ecosystem in support of collaborative science and data sharing. The regional Southern African Development Community6 (SADC) Cyber-infrastructure Framework provides a valuable roadmap towards high-speed Internet, developing human capacity and skills in ICT technologies, high- performance computing and more. The following countries have been identified as having high-performance computing facilities, some as a result of the Square Kilometre Array7 (SKA) partnership: Botswana, Ghana, Kenya, Madagascar, Mozambique, Mauritius, Namibia, South Africa, Tunisia, and Zambia. More and more NRENs – especially the Level 6 NRENs 8 (Algeria, Egypt, Kenya, South Africa, and recently Zambia) – are exploring offering additional services; also in support of data sharing and transfer. The following NRENs already allow for running data-intensive applications and sharing of high-end computing assets, bio-modelling and computation on high-performance/ supercomputers: KENET (Kenya), TENET (South Africa), RENU (Uganda), ZAMREN (Zambia), EUN (Egypt) and ARN (Algeria). Fifteen higher education training institutions from eight African countries (Botswana, Benin, Kenya, Nigeria, Rwanda, South Africa, Sudan, and Tanzania) have been identified as offering formal courses on data science. In addition to formal degrees, a number of international short courses have been developed and free international online courses are also available as an option to build capacity and integrate as part of curricula. The small number of higher education or research intensive institutions offering data science is however insufficient, and there is a desperate need for more training in data science. The CODATA-RDA Schools of Research Data Science aim at addressing the continental need for foundational data skills across all disciplines, along with training conducted by The Carpentries 9 programme (specifically Data Carpentry 10 ). Thus far, CODATA-RDA schools in collaboration with AOSP, integrating content from Data Carpentry, were presented in Rwanda (in 2018), and during17-29 June 2019, in Ethiopia. Awareness regarding Open Science (including Open Data) is evident through the 12 Open Science-related Open Access/Open Data/Open Science declarations and agreements endorsed or signed by African governments; 200 Open Access journals from Africa registered on the Directory of Open Access Journals (DOAJ); 174 Open Access institutional research repositories registered on openDOAR (Directory of Open Access Repositories); 33 Open Access/Open Science policies registered on ROARMAP (Registry of Open Access Repository Mandates and Policies); 24 data repositories registered with the Registry of Data Repositories (re3data.org) (although the pilot project identified 66 research data repositories); and one data repository assigned the CoreTrustSeal. Although this is a start, far more needs to be done to align African data curation and research practices with global standards. Funding to conduct research remains a challenge. African researchers mostly fund their own research, and there are little incentives for them to make their research and accompanying data sets openly accessible. Funding and peer recognition, along with an enabling research environment conducive for research, are regarded as major incentives. The landscape report concludes with a number of concerns towards sharing research data openly, as well as challenges in terms of Open Data policy, ICT infrastructure supportive of data sharing, capacity building, lack of skills, and the need for incentives. Although great progress has been made in terms of Open Science and Open Data practices, more awareness needs to be created and further advocacy efforts are required for buy-in from African governments. A federated African Open Science Platform (AOSP) will not only encourage more collaboration among researchers in addressing the SDGs, but it will also benefit the many stakeholders identified as part of the pilot phase. The time is now, for governments in Africa, to acknowledge the important role of science in general, but specifically Open Science and Open Data, through developing and aligning the relevant policies, investing in an ICT infrastructure conducive for data sharing through committing funding to making NRENs financially sustainable, incentivising open research practices by scientists, and creating opportunities for more scientists and stakeholders across all disciplines to be trained in data management.