Capital 2.0 capital formation and legal risk in a new global economic order from fiat to exit: including case studies of the proposed transatlantic trade and investment partnership between the United States and the European Union and the financing relation between the United States and the People’s Republic of China

Following the intrinsically linked balance sheets in his Capital Formation Life Cycle, Lukas M. Stahl explains with his Triple A Model of Accounting, Allocation and Accountability the stages of the Capital Formation process from FIAT to EXIT. Based on the theoretical foundations of legal risk laid by the International Bar Association with the help of Roger McCormick and legal scholars such as Joanna Benjamin, Matthew Whalley and Tobias Mahler, and founded on the basis of Wesley Hohfeld’s category theory of jural relations, Stahl develops his mutually exclusive Four Determinants of Legal Risk of Law, Lack of Right, Liability and Limitation. Those Four Determinants of Legal Risk allow us to apply, assess, and precisely describe the respective legal risk at all stages of the Capital Formation Life Cycle as demonstrated in case studies of nine industry verticals of the proposed and currently negotiated Transatlantic Trade and Investment Partnership between the United States of America and the European Union, TTIP, as well as in the case of the often cited financing relation between the United States and the People’s Republic of China. Having established the Four Determinants of Legal Risk and its application to the Capital Formation Life Cycle, Stahl then explores the theoretical foundations of capital formation, their historical basis in classical and neo-classical economics and its forefathers such as The Austrians around Eugen von Boehm-Bawerk, Ludwig von Mises and Friedrich von Hayek and most notably and controversial, Karl Marx, and their impact on today’s exponential expansion of capital formation. Starting off with the first pillar of his Triple A Model, Accounting, Stahl then moves on to explain the Three Factors of Capital Formation, Man, Machines and Money and shows how “value-added” is created with respect to the non-monetary capital factors of human resources and industrial production. Followed by a detailed analysis discussing the roles of the Three Actors of Monetary Capital Formation, Central Banks, Commercial Banks and Citizens Stahl readily dismisses a number of myths regarding the creation of money providing in-depth insight into the workings of monetary policy makers, their institutions and ultimate beneficiaries, the corporate and consumer citizens. In his second pillar, Allocation, Stahl continues his analysis of the balance sheets of the Capital Formation Life Cycle by discussing the role of The Five Key Accounts of Monetary Capital Formation, the Sovereign, Financial, Corporate, Private and International account of Monetary Capital Formation and the associated legal risks in the allocation of capital pursuant to his Four Determinants of Legal Risk. In his third pillar, Accountability, Stahl discusses the ever recurring Crisis-Reaction-Acceleration-Sequence-History, in short: CRASH, since the beginning of the millennium starting with the dot-com crash at the turn of the millennium, followed seven years later by the financial crisis of 2008 and the dislocations in the global economy we are facing another seven years later today in 2015 with several sordid debt restructurings under way and hundred thousands of refugees on the way caused by war and increasing inequality. Together with the regulatory reactions they have caused in the form of so-called landmark legislation such as the Sarbanes-Oxley Act of 2002, the Dodd-Frank Act of 2010, the JOBS Act of 2012 or the introduction of the Basel Accords, Basel II in 2004 and III in 2010, the European Financial Stability Facility of 2010, the European Stability Mechanism of 2012 and the European Banking Union of 2013, Stahl analyses the acceleration in size and scope of crises that appears to find often seemingly helpless bureaucratic responses, the inherent legal risks and the complete lack of accountability on part of those responsible. Stahl argues that the order of the day requires to address the root cause of the problems in the form of two fundamental design defects of our Global Economic Order, namely our monetary and judicial order. Inspired by a 1933 plan of nine University of Chicago economists abolishing the fractional reserve system, he proposes the introduction of Sovereign Money as a prerequisite to void misallocations by way of judicial order in the course of domestic and transnational insolvency proceedings including the restructuring of sovereign debt throughout the entire monetary system back to its origin without causing domino effects of banking collapses and failed financial institutions. In recognizing Austrian-American economist Schumpeter’s Concept of Creative Destruction, as a process of industrial mutation that incessantly revolutionizes the economic structure from within, incessantly destroying the old one, incessantly creating a new one, Stahl responds to Schumpeter’s economic chemotherapy with his Concept of Equitable Default mimicking an immunotherapy that strengthens the corpus economicus own immune system by providing for the judicial authority to terminate precisely those misallocations that have proven malignant causing default perusing the century old common law concept of equity that allows for the equitable reformation, rescission or restitution of contract by way of judicial order. Following a review of the proposed mechanisms of transnational dispute resolution and current court systems with transnational jurisdiction, Stahl advocates as a first step in order to complete the Capital Formation Life Cycle from FIAT, the creation of money by way of credit, to EXIT, the termination of money by way of judicial order, the institution of a Transatlantic Trade and Investment Court constituted by a panel of judges from the U.S. Court of International Trade and the European Court of Justice by following the model of the EFTA Court of the European Free Trade Association. Since the first time his proposal has been made public in June of 2014 after being discussed in academic circles since 2011, his or similar proposals have found numerous public supporters. Most notably, the former Vice President of the European Parliament, David Martin, has tabled an amendment in June 2015 in the course of the negotiations on TTIP calling for an independent judicial body and the Member of the European Commission, Cecilia Malmström, has presented her proposal of an International Investment Court on September 16, 2015. Stahl concludes, that for the first time in the history of our generation it appears that there is a real opportunity for reform of our Global Economic Order by curing the two fundamental design defects of our monetary order and judicial order with the abolition of the fractional reserve system and the introduction of Sovereign Money and the institution of a democratically elected Transatlantic Trade and Investment Court that commensurate with its jurisdiction extending to cases concerning the Transatlantic Trade and Investment Partnership may complete the Capital Formation Life Cycle resolving cases of default with the transnational judicial authority for terminal resolution of misallocations in a New Global Economic Order without the ensuing dangers of systemic collapse from FIAT to EXIT.

How does globalization affect the tax burden on labour income, capital income and consumption in different welfare regimes? The case of Western and Eastern EU Member States

This article analyzes the effects of globalization on implicit tax rates (ITRs) on labor income, capital income, and consumption in the EU15 and Central and Eastern European New Member States (CEE NMS). We find supportive evidence for an increase in the ITR on labor income in the EU15, but no effect on the ITR on capital income. There is evidence of convergence in terms of the ITR on consumption, as countries with higher than average ITR on consumption respond to globalization by decreasing their tax rates. There are important differences among the welfare regimes within the EU15. Social-democratic countries have decreased the tax burden on capital, but increased that on labor due to globalization. Globalization exerts a pressure to increase taxes on labor income in the conservative and liberal regimes as well. Taxes on consumption decrease in response to globalization in the conservative and social-democratic regimes. In the CEE NMS, there is no effect of globalization on the ITR on labor and capital income, but we find a negative impact on the ITR on consumption in the CEE NMS with higher than average ITR on consumption. (JEL H23, H24, H25, F19, F21)

Who gets to play? Investigating equity in musical instrument instruction in Scottish primary schools

There is a widely held view that learning to play a musical instrument is a valuable experience for all children in terms of their personal growth and development. Although there is no statutory obligation for instrumental music provision in Scottish primary schools, there are well-established Instrumental Music Services in Local Education Authorities that have been developed to provide this facility for pupils. This article presents the findings of a study that was aimed at investigating the extent to which the opportunity to undertake instrumental instruction in Scottish primary schools is equitable. The study employed a mixed-methods approach. Data were gathered from 21 Scottish primary schools, a total pupil population of 5122 pupils of whom 323 pupils were receiving instrumental instruction. The analysis involved an investigation of the academic profile of this group, the representation of children with additional support needs (ASN) and the nature of their ASN. A qualitative analysis of policy and guideline documents and interviews with Heads of Instrumental Services, headteachers and instrumental instructors served to explain and illuminate the quantitative data. The findings showed that particular groups of children with ASN were significantly under-represented and offer explanations of the processes by which this occurs.

Academics across borders: narratives of linguistic capital, language competence, and communication strategies

This article reports on a study that examined the personal employment paths of six international academics at a British university. To complement previous accounts of difficult migration, it focuses on the successful experiences of such academics, in particular how proficiency in English facilitated their move into employment in higher education (HE), and the linguistic competences and communication strategies they deploy in their daily activities. The article identifies key factors that have facilitated to their academic achievements and contributes to the understanding of the benefits and consequences of skilled migration. In conclusion, it suggests workplace pedagogy and policy responses that could facilitate other international academics' successful experiences in the UK HE sector.

From dispersed to monopolized violence: expansion and consolidation of the Primeiro Comando da Capital's hegemony in São Paulo's prisons

The present work aims to understand the process of expansion and consolidation of the organized criminal group the Primeiro Comando da Capital (PCC) in São Paulo’s prison system over the past 20 years, and the social configuration that has formed as a result of the PCCs monopolization of opportunities of power. To this end, the work of Norbert Elias is utilized to analyze empirical data collected from various sources. The article consists of two lines of analysis. First, the PCC phenomenon is approached from a macro-sociological point of view, focusing on the social, political and administrative problems that are directly or indirectly linked to the PCCs social development. Second, a figurational analysis is used to explore the social dynamics produced from this process. In comparison to the “pre-PCC” situation, it is shown that the new social configuration produced from the hegemony of the PCC consists of a complexity of interdependencies, including greater functional division and social integration. Given this intensification of mutual dependencies, the social controls on individual behavior have been expanded and centralized. Here, the structure and organization of the PCC, its political dynamics, and individual self-control are central issues. The article concludes by calling into question the view that the most significant effect of the PCCs consolidation has been social pacification of São Paulo’s prison system. Fragilities in the power of the PCC are explored, principally the precarious nature of the relationship between the PCC and state authorities, and the extent to which the PCC’s authority is imposed.

Global nation product equity depending on a level of cultural diffusion

Purpose This paper aims to propose the global nation product equity model (GNPE) to measure global consumers’ equity of a product that a country produces, especially a nation’s cultural products (i.e. culducts). The model also examines the significant difference of GNPE depending on a cultural diffusion level. GNPE model proposes that depending on the level of people’s recognition/acceptance/preference of a culture from another country (i.e. cultural diffusion level), the equity of a product from that country could be different in different countries. As variables that affect GNPE, global nation product equity in general, global nation product equity of a product category and nation cultural equity are included in the model. Design/methodology/approach To test the model, this study developed Hallyu (Korean cultural diffusion)-related Korean culducts and measured global consumers’ equity for the Korean culducts. In all, 351 surveys were collected from China, France, England and the USA. Findings The results show the significantly different equities and relationships among equities depending on the level of Hallyu diffusion in each country. Therefore, Korea is suggested to focus on different equities in different countries. Originality/value This research proposed a new model that extends the previous brand equity models to non-branded products (i.e. cultural products). This model proposed new variables that affect equity of a product mentioned above and suggests different equities to improve in different countries depending on their level of cultural diffusion. Also, this cross-cultural study suggests a direction of culduct design, distribution and promotion strategies in the global market.

Localism as restorative politics; social capital and anti-politics in the London Borough of Burgundia

ABSTRACT The purpose of this paper is to explore the political implications of policies and measures designed to promote “localism”. That is to say, the devolution of power down to a neighbourhood level, as enacted under the 2011 Localism Act. The implementation of localism in London boroughs will be examined. The context is the current concern over disengagement in an era of “anti-politics”, so it is intended to gain an understanding of how localism is interpreted and implemented on the ground. A tentative thesis, of a “restorative politics”, is proposed, such that localism is dynamic and is generating healthy political activity which counters anti-politics in the local community. This could have profound implications for the political parties locally and at Westminster. The extant theories about localism include constructivist interpretations suggesting that a neo-liberal localism is anti-political. This is contested. An emerging narrative heralding a new dawn of empowerment, and related themes concerning social capital, subsidiarity and anti-politics are reviewed. A necessarily empirical approach is adopted in an essentially functionalist frame of reference. There is a review of both academic and policy literature, combined with interviews of professionals involved in localism. This paper is designed to scope a future more substantial piece of research. The conference brief asks; “what scales or levels are appropriate for organising politics in this century”. In a century so far characterised by disillusionment, democratic deficits and abstention, the answer may be; local. The Good Life is lived locally in shared experience and familiar surroundings, hitherto not much amenable to local change. Burgundia is a reference to the film “Passport to Pimlico” (1949), when ABSTRACT The purpose of this paper is to explore the political implications of policies and measures designed to promote “localism”. That is to say, the devolution of power down to a neighbourhood level, as enacted under the 2011 Localism Act. The implementation of localism in London boroughs will be examined. The context is the current concern over disengagement in an era of “anti-politics”, so it is intended to gain an understanding of how localism is interpreted and implemented on the ground. A tentative thesis, of a “restorative politics”, is proposed, such that localism is dynamic and is generating healthy political activity which counters anti-politics in the local community. This could have profound implications for the political parties locally and at Westminster. The extant theories about localism include constructivist interpretations suggesting that a neo-liberal localism is anti-political. This is contested. An emerging narrative heralding a new dawn of empowerment, and related themes concerning social capital, subsidiarity and anti-politics are reviewed. A necessarily empirical approach is adopted in an essentially functionalist frame of reference. There is a review of both academic and policy literature, combined with interviews of professionals involved in localism. This paper is designed to scope a future more substantial piece of research. The conference brief asks; “what scales or levels are appropriate for organising politics in this century”. In a century so far characterised by disillusionment, democratic deficits and abstention, the answer may be; local. The Good Life is lived locally in shared experience and familiar surroundings, hitherto not much amenable to local change. Burgundia is a reference to the film “Passport to Pimlico” (1949), when a London neighbourhood declared independence and its citizens temporarily created the Good Life for themselves. Is the 21st century localism generating a restorative politics?