27 resultados para Treaty shopping
Resumo:
The purpose of the present study is to break down, in a general and summarised way, the concept of the coherence of the European Foreign Policy, in order to analyse its meaning, its scope and its implications. This focus on coherence will be specifically dealt with upon the analysis of the impact of this phenomenon on single institutional framework, as defined by the Treaty on European Union.
Resumo:
The spectacular failure of top-rated structured finance products has broughtrenewed attention to the conflicts of interest of Credit Rating Agencies (CRAs). We modelboth the CRA conflict of understating credit risk to attract more business, and the issuerconflict of purchasing only the most favorable ratings (issuer shopping), and examine theeffectiveness of a number of proposed regulatory solutions of CRAs. We find that CRAs aremore prone to inflate ratings when there is a larger fraction of naive investors in the marketwho take ratings at face value, or when CRA expected reputation costs are lower. To theextent that in booms the fraction of naive investors is higher, and the reputation risk forCRAs of getting caught understating credit risk is lower, our model predicts that CRAs aremore likely to understate credit risk in booms than in recessions. We also show that, due toissuer shopping, competition among CRAs in a duopoly is less efficient (conditional on thesame equilibrium CRA rating policy) than having a monopoly CRA, in terms of both totalex-ante surplus and investor surplus. Allowing tranching decreases total surplus further.We argue that regulatory intervention requiring upfront payments for rating services (beforeCRAs propose a rating to the issuer) combined with mandatory disclosure of any ratingproduced by CRAs can substantially mitigate the con.icts of interest of both CRAs andissuers.
Resumo:
The collapse of so many AAA-rated structured finance products in 2007-2008has brought renewed attention to the causes of ratings failures and the conflicts of interestin the Credit Ratings Industry. We provide a model of competition among Credit RatingsAgencies (CRAs) in which there are three possible sources of conflicts: 1) the CRA conflictof interest of understating credit risk to attract more business; 2) the ability of issuersto purchase only the most favorable ratings; and 3) the trusting nature of some investorclienteles who may take ratings at face value. We show that when combined, these give riseto three fundamental equilibrium distortions. First, competition among CRAs can reducemarket efficiency, as competition facilitates ratings shopping by issuers. Second, CRAs aremore prone to inflate ratings in boom times, when there are more trusting investors, andwhen the risks of failure which could damage CRA reputation are lower. Third, the industrypractice of tranching of structured products distorts market efficiency as its role is to deceivetrusting investors. We argue that regulatory intervention requiring: i) upfront paymentsfor rating services (before CRAs propose a rating to the issuer), ii) mandatory disclosure ofany rating produced by CRAs, and iii) oversight of ratings methodology can substantiallymitigate ratings inflation and promote efficiency.
Resumo:
We study the effects that the Maastricht treaty, the creation of the ECB, andthe Euro changeover had on the dynamics of European business cycles using a panelVAR and data from ten European countries - seven from the Euro area and threeoutside of it. There are changes in the features of European business cycles and in thetransmission of shocks. They precede the three events of interest and are more linkedto a general process of European convergence and synchronization.
Resumo:
The two essential features of a decentralized economy taken intoaccount are, first, that individual agents need some informationabout other agents in order to meet potential trading partners,which requires some communication or interaction between theseagents, and second, that in general agents will face tradinguncertainty. We consider trade in a homogeneous commodity. Firmsdecide upon their effective supplies, and may create their ownmarkets by sending information signals communicating theirwillingness to sell. Meeting of potential trading partners isarranged in the form of shopping by consumers. The questions to beconsidered are: How do firms compete in such markets? And what arethe properties of an equilibrium? We establish existenceconditions for a symmetric Nash equilibrium in the firms'strategies, and analyze its characteristics. The developedframework appears to lend itself well to study many typicalphenomena of decentralized economies, such as the emergence ofcentral markets, the role of middlemen, and price-making.
Resumo:
[spa] Como expresión de la naturaleza erga omnes de las obligaciones jurídicas relativas a la protección de derechos humanos, muchos tratados de derechos humanos que establecen órganos de expertos permiten a los Estados Parte presentar quejas ante dichos órganos contra otras Partes que no observan las obligaciones convencionales. Tales quejas interestatales son un mecanismo híbrido que busca controlar la aplicación del tratado, solucionar las controversias entre Estados Parte y/o prevenir esas controversias. En la práctica, no obstante, las quejas interestatales se interponen en raras ocasiones, principalmente por causa de su alto componente político, que hace que sean vistas como un acto inamistoso. Pese a este escaso uso, llama la atención que la mayoría de quejas interestatales presentadas hasta la fecha se hayan referido a situaciones excepcionales calificables de"crisis", lo que parece poner de manifiesto que este mecanismo podría ser particularmente útil para hacer frente a las violaciones de derechos humanos cometidas en períodos de excepcionalidad.
Resumo:
Thanks to ART.17.7 of the Lisbon Treaty, the European Council now has to “take into account” the results of EP Elections when selecting a candidate for the role of Commission President. The European Parliament has grabbed the opportunity to launch the first electoral race for spitzenkandidaten to the Presidency. Is this the start of a new democratizing (and thus, politicizing) process for the European Union? This dissertation will try to give a possible answer to the dilemma by constructing a comprehensive framework around EP Elections 2014 that will involve both the Commission and the Parliament and an analysis of the debate beyond legal provisions and the possibility of a politicized presidency of the Commission.
Resumo:
Education never fails to be mentioned ¿ and, often, mentioned first ¿ as a public interest that justifies an exception to copyright. Educational purposes were already present in the first version of the Berne Convention of 18862 and have remained there (although in revised language) ever since. The WIPO Copyright Treaty of 19963 expressly referred to education in its Preamble, when ¿Recognizing the need to maintain a balance between the rights of authors andthe larger public interest, particularly education, research and access to information, as reflected in the Berne Convention¿ (emphasis added). And morerecently, the EU Directive on Copyright in the Information Society4 stressed its goal ¿to promote learning and culture by protecting works and other subjectmatter while permitting exceptions or limitations in the public interest for the purpose of education and teaching¿ (Recital 14, emphasis added).
Resumo:
El uso de las TIC se ha masificado dentro del ámbito del turismo convirtiéndose en herramienta fundamental y un aliado para llegar a conquistar turistas para los diferentes destinos que se promocionan a través de aplicaciones moviles o de website.Cada vez más las entidades turísticas o las empresas recurren a las tecnologías de la información, en particular Internet, como medio para promocionar sus productos y servicios turísticos. Estas nuevas tecnologías han cambiado el concepto de vida de personas en cuanto a la consulta de precio y rapidez de información de los diferentes servicios turísticos.En Valledupar se debe: aprovechar la tendencia mundial al rescate de los valores auténticos, el medio ambiente y las comunidades indígenas a través de diferentes modalidades de turismo: Ecoturismo, etnoturismo, agroturismo, cultural, religioso, compras, aventura, salud, deportivo, ciudad capital. Se debe ampliar el conocimiento del territorio municipal y de los valores autóctonos. Mediante uso de software libre y de código abierto se pueden crear soluciones para fortalecer la promoción del sector turístico de la ciudad de Valledupar.
Resumo:
The purpose of this article is to offer a practical approach to the new European dimension for regional parliaments signified by the entry into force of the Treaty of Lisbon. The parliamentary scrutiny of subsidiarity by way of the early warning system has assigned a new mission to legislative assemblies with the aim of reinforcing the intervention of regions in the drafting of policies by Union institutions. In the Spanish case, the institutionalisation of this mechanism came about with Act nº 24/2009, which attributes to the Joint Committee for the European Union, in the name of the Cortes Generales [the Spanish Parliament], the function of receiving the proposals for legislative acts by the EU and transferring them to the regional parliaments in order for the latter to issue, in a brief period of four weeks, a report on compliance with the principle of subsidiarity. The majority of regional parliaments have also carried out normative reforms to regulate the procedure of participation in the early warning system.
Resumo:
Marketing scholars have suggested a need for more empirical research on consumer response to malls, in order to have a better understanding of the variables that explain the behavior of the consumers. The segmentation methodology CHAID (Chi-square automatic interaction detection) was used in order to identify the profiles of consumers with regard to their activities at malls, on the basis of socio-demographic variables and behavioral variables (how and with whom they go to the malls). A sample of 790 subjects answered an online questionnaire. The CHAID analysis of the results was used to identify the profiles of consumers with regard to their activities at malls. In the set of variables analyzed the transport used in order to go shopping and the frequency of visits to centers are the main predictors of behavior in malls. The results provide guidelines for the development of effective strategies to attract consumers to malls and retain them there.
Resumo:
The purpose of this paper is to analyse some essential events concerning the relationship between Spain and Macao in the middle of the 19th century. Macao remained as a privileged spot for the commercial activities of Spain in China after the opening of the international ports agreed upon in the Treaty of Nanjing in 1842. This encouraged Spanish diplomatic representatives to render special attention to the Portuguese enclave. This became the origin of a shocking proposal for the military conquest of Macao and its surrounding territories by one of these representatives, Sinibaldo de Mas. Although this proposal was never taken under consideration, it helps us to better understand the role Macao played in Spanish strategies in China. Years later, Mas participated as a mediator when the Chinese government attempted to regain sovereignty over Macao by paying an economic compensation to Portugal. The involvement of Sinibaldo de Mas in this project has a strong symbolic meaning, making him a key agent in the relations between Spain and Macao in the 19th century.