English commonhold:a failed experiment?

Commonhold is a new modified form of freehold tenure and represents the meritworthy objective of better spreading around the freehold ownership of land and the bringing to an end the notion of leasehold tenure in relation to phsyically interdependent buildings. This article considers the nature of English Commonhold as a new modified species of freehold tenure for physically interdependent buildings and seeks to investigate the reason(s) as to its non-use in England and Wales. The paper surveys current literature so as to highlight various contemporary academic and professional criticisms of the current Commonhold Scheme as laid out in the Commonhold and Leasehold Reform Act 2002 and it also includes the results of an emprical survey commissioned by the author which details the perception of Commonhold from the perspective of conveyancing solciitors and their clients. Certain conclusions are drawn which attempt to explain the lack of enthusiasm for Commonhold amongst the property industry and a number of reccommendations are made as to how the use of Commonhold in England and Wales can be increased.

Does ownership always matter? Evidence from the Indian banking industry

Existing empirical evidence on the ownership-performance issue is weighted towards the property rights hypothesis that private enterprises are superior to public enterprises. However, very few studies examine a developing country in which the strong link between the market for corporate control and the efficiency of private enterprises assumed by the property rights hypothesis may not be satisfied. Our study of the Indian banking industry confirms our expectation that, in the absence of well-functioning capital markets, there may not be significant differences in the performance of private and public enterprises. Our analysis highlights the importance of creating appropriate institutions prior to pursuing privatization in developing countries.

International trade law, plain packaging and tobacco industry political activity:the Trans-Pacific Partnership

Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally.