“Documentary Credit Law : An Indian Perspective"

This is a study in international trade law. Documentary credits are the most common method of payment for goods in international trade. In India also these instruments are used both in national and international trade. The law governing these transactions remains haphazard. This study identifies the deficiencies in the regulatory framework for documentary credits in India. It primarily focuses on those areas which exhibits a lack of equality and justice in its operation. An attempt has also been made to identify the rights and duties of parties involved in the transaction. The reasons for the increase of fraudulent activities associated with the documents executed in the documentary credit transactions are also examined. How far the law in India is sufficient to ensure fair business practice in international trade financing is also examined. Methodology adopted for the study is analytical. The statutory provisions, rules and case laws under these provisions have been examined. An empirical study by personal interview with the bankers is also made to ascertain the practice of bankers in India.

La fraude et la dématérialisation du crédit documentaire

"Mémoire présenté à la faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit des affaires (LL.M)"

La lettre de crédit commerciale : facilité de crédit désuète ou incomprise ?

Plus de soixante-quinze ans après la création des Règles et usances uniformes relatives aux crédits documentaires par la Chambre de commerce internationale, pouvons-nous parler d'un véritable succès international de la lettre de crédit commerciale à titre d'instrument de paiement fiable et sécuritaire ? Nonobstant sa triple finalité et l'application formaliste de ses principes d'incessibilité, de stricte conformité et de double autonomie qui ont su, au cours des années, répondre aux besoins résultant de l'évolution du commerce international, il nous semble utopique de parler d'un tel succès. Mais pourquoi ? Confrontées aux réglementations nationales ainsi qu'aux pratiques nationalistes et protectionnistes des états qui ont pourtant adhéré aux Règles et usances relatives aux crédits documentaires, la malléabilité de ces règles semble avoir dénaturé la lettre de crédit commerciale de ses principaux attributs. À cet égard, nous pouvons nous demander si la lettre de crédit commerciale est une facilité de crédit désuète ou incomprise ? La présente thèse est le fruit de maintes réflexions sur les problèmes liés à l'application et l'interprétation de la lettre de crédit commerciale à titre d'instrument international et plus particulièrement sur les lacunes des Règles et usances uniformes relatives aux crédits documentaires.

A Deontic Analysis of Inter-Organizational Control Requirements

This research focuses on the design and verification of inter-organizational controls. Instead of looking at a documentary procedure, which is the flow of documents and data among the parties, the research examines the underlying deontic purpose of the procedure, the so-called deontic process, and identifies control requirements to secure this purpose. The vision of the research is a formal theory for streamlining bureaucracy in business and government procedures. Underpinning most inter-organizational procedures are deontic relations, which are about rights and obligations of the parties. When all parties trust each other, they are willing to fulfill their obligations and honor the counter parties’ rights; thus controls may not be needed. The challenge is in cases where trust may not be assumed. In these cases, the parties need to rely on explicit controls to reduce their exposure to the risk of opportunism. However, at present there is no analytic approach or technique to determine which controls are needed for a given contracting or governance situation. The research proposes a formal method for deriving inter-organizational control requirements based on static analysis of deontic relations and dynamic analysis of deontic changes. The formal method will take a deontic process model of an inter-organizational transaction and certain domain knowledge as inputs to automatically generate control requirements that a documentary procedure needs to satisfy in order to limit fraud potentials. The deliverables of the research include a formal representation namely Deontic Petri Nets that combine multiple modal logics and Petri nets for modeling deontic processes, a set of control principles that represent an initial formal theory on the relationships between deontic processes and documentary procedures, and a working prototype that uses model checking technique to identify fraud potentials in a deontic process and generate control requirements to limit them. Fourteen scenarios of two well-known international payment procedures -- cash in advance and documentary credit -- have been used to test the prototype. The results showed that all control requirements stipulated in these procedures could be derived automatically.

Carbon credit trading in Brazil: an overview of a new business sector

This article discusses the Carbon Credit Trading Market in Brazil and opportunities for technological development and innovation related. The international trade in carbon credits becomes a source of opportunities for developing countries because of the Clean Development Mechanism. Committed to reduce polluting levels from 2008 to 2012, and ahead, industrialized countries started to seek ecological solutions internally or compensatory actions such as buying carbon credits from low-emission countries. This strategy brought up a brand-new industrial sector that still requires productive structures and a solid international commercialization system. This is a qualitative study, based on documentary research, referring to the Brazilian territory. The data obtained point out a set of efforts such as researching and developing products and processes environment friendly. Other findings indicate opportunities to expand Green Economy Sector through supporting a set of newborn firms such as waste management and recycling, in addition to other actions that reinforce sustainable development opportunities to the country and, at the end, to the world.

Documentary practice in a participatory culture

Debates concerning the veracity, ethics and politics of the documentary form circle endlessly around the function of those who participate in it, and the meaning attributed to their participation. Great significance is attached to the way that documentary filmmakers do or do not participate in the world they seek to represent, just as great significance is attached to those subjects whose participation extends beyond playing the part of eyewitness or expert, such that they become part of the very filmmaking process itself. This Ph.D. explores the interface between documentary practice and participatory culture by looking at how their practices, discursive fields and histories intersect, but also by looking at how participating in one might mean participating in the other. In short, the research is an examination of participatory culture through the lens of documentary practice and documentary criticism. In the process, however, this examination of participatory culture will in turn shed light on documentary thinking, especially the meaning and function of ‘the participant’ in contemporary documentary practice. A number of ways of conceiving of participation in documentary practice are discussed in this research, but one of the ideas that gives purpose to that investigation is the notion that the participant in contemporary documentary practice is someone who belongs to a participatory culture in particular. Not only does this mean that those subjects who play a part in a documentary are already informed by their engagement with a range of everyday media practices before the documentary apparatus arrives, the audience for such films are similarly informed and engaged. This audience have their own expectations about how they should be addressed by media producers in general, a fact that feeds back into their expectations about participatory approaches to documentary practice too. It is the ambition of this research to get closer to understanding the relationship between participants in the audience, in documentary and ancillary media texts, as well as behind the camera, and to think about how these relationships constitute a context for the production and reception of documentary films, but also how this context might provide a model for thinking about participatory culture itself. One way that documentary practice and participatory culture converge in this research is in the kind of participatory documentary that I call the ‘Camera Movie’, a narrow mode of documentary filmmaking that appeals directly to contemporary audiences’ desires for innovation and participation, something that is achieved in this case by giving documentary subjects control of the camera. If there is a certain inevitability about this research having to contend with the notion of the ‘participatory documentary’, the ‘participatory camera’ also emerges strongly in this context, especially as a conduit between producer and consumer. Making up the creative component of this research are two documentaries about the reality television event Band In A Bubble, and participatory media practices more broadly. The single-screen film, Hubbub , gives form to the collective intelligence and polyphonous voice of contemporary audiences who must be addressed and solicited in increasingly innovative ways. One More Like That is a split-screen, DVD-Video with alternate audio channels selected by a user who thereby chooses who listens and who speaks in the ongoing conversation between media producers and media consumers. It should be clear from the description above that my own practice does not extend to highly interactive, multi-authored or web-enabled practices, nor the distributed practices one might associate with social media and online collaboration. Mine is fundamentally a single authored, documentary video practice that seeks to analyse and represent participatory culture on screen, and for this reason the Ph.D. refrains from a sustained discussion of the kinds of collaborative practices listed above. This is not to say that such practices don’t also represent an important intersection of documentary practice and participatory culture, they simply represent a different point of intersection. Being practice-led, this research takes its procedural cues from the nature of the practice itself, and sketches parameters that are most enabling of the idea that the practice sets the terms of its own investigation.

Protecting the most vulnerable in consumer credit transactions

There are two key ways in which the Australian Uniform Consumer Credit Code seeks to protect consumers in relation to consumer credit transactions. The first is by means of disclosure regulation where information is required to be disclosed to the consumer before the credit contract is entered into and the second is by way of “safety net” provisions, where contracts can be varied or set aside in the event of hardship, a finding that the transaction was unjust, or a finding of unconscionable fees or charges. This article explores the limitations of both of these means of protection, particularly in the case of vulnerable, low-income consumers. In order to highlight the inadequacies of these forms of consumer protection and the need for regulatory reform, we draw on interviews conducted with 30 low-income consumers who had recently signed a credit contract, focusing on their understanding of information disclosed in the contract, as well as their responses to hypothetical unfair terms and their understanding of their rights, for example in the event of an unjust transaction. These interviews were conducted as part of a joint research project between Brotherhood of St Laurence and Griffith University’s Centre for Credit and Consumer Law, funded by Consumer Affairs Victoria.

National consumer credit laws, financial exclusion and interest rate caps : The case for diversity within a centralised framework

Australia is going through a major reform of consumer credit regulation, with the implementation of a proposal to transfer regulatory responsibility from the State and Territory Governments to the Commonwealth Government. While the broad policy approach is supported, the reform process has missed a significant opportunity to engage directly with issues of financial exclusion and with the potential role of regulation to reduce financial exclusion. The imposition of an interest rate cap can limit the impact of financial exclusion. However, the future of the existing interest rate caps is uncertain, given the diversity of approaches, and the heated debate that surrounds this issue. In the absence of support for regulatory initiatives to increase the availability of low cost, small loans, permitting regulatory diversity on this issue of interest rate caps, within an otherwise centralised regulatory framework., can minimise the impact of financial exclusion on consumers.

Orchids : intersex and identity in documentary

Orchids: Intersex and Identity in Documentary explores the creative practice challenges of working with bodies with intersex in the long-form auto/biographical documentary Orchids. Just as creative practice research challenges the dominant hegemony of quantitative and qualitative research, so does my creative work position itself as a nuanced piece, pushing the boundaries of traditional cultural studies theories, documentary film practice and creative practice method, through its distinctive distillation and celebration of a new form of discursive rupturing, the intersex voice.

Preventing consumer credit over-commitment and irresponsible lending in Australia

Mirroring the trends in other developed countries, levels of household debt in Australia have risen markedly in recent years. As one example, the total amount lent by banks to individuals has risen from $175.5 billion in August 1995 to $590.5 billion in August 2005.1 Consumer groups an~ media commentators here have long raised concerns about the risks of increasing levels of household debt and over-commitment, linking these issues at least in part to irresponsible lending practices. And more recently, the Reserve Bank Governor has also expressed concerns about the ability 'of some households to manage if personal or economic circumstances change.2

The key lessons learnt from producing the ABC programme Talking Heads a talk show/documentary hybrid in a fast turnaround environment

The following exegesis will detail the key advantages and disadvantages of combining a traditional talk show genre with a linear documentary format using a small production team and a limited budget in a fast turnaround weekly environment. It will deal with the Australian Broadcasting Corporation series Talking Heads, broadcast weekly in the early evening schedule for the network at 18.30 with the presenter Peter Thompson. As Executive Producer for the programme at its inception I was responsible for setting it up for the ABC in Brisbane, a role that included selecting most of the team to work on the series and commissioning the music, titles and all other aspects required to bring the show to the screen. What emerged when producing this generic hybrid will be examined at length, including: „h The talk show/documentary hybrid format needs longer than 26¡¦30¡¨ to be entirely successful. „h The type of presenter ideally suited to the talk show/documentary format requires someone who is genuinely interested in their guests and flexible enough to maintain the format against tangential odds. „h The use of illustrative footage shot in a documentary style narrative improves the talk show format. iv „h The fast turnaround of the talk show/documentary hybrid puts tremendous pressure on the time frames for archive research and copyright clearance and therefore needs to be well-resourced. „h In a fast turnaround talk show/documentary format the field components are advantageous but require very low shooting ratios to be sustainable. „h An intimate set works best for a talk show hybrid like this. Also submitted are two DVDs of recordings of programmes I produced and directed from the first and third series. These are for consideration in the practical component of this project and reflect the changes that I made to the series.

Entering the era of post production the role visual effects will play in documentary

Creating an acceptance of Visual Effects (VFX) as an effective non-fiction communication tool has the potential to significantly boost return on investment for filmmakers producing documentary. Obtaining this acceptance does not necessarily mean rethinking the way documentary is defined, however, the need to address negative perceptions presently dominant within the production industry does exist; specifically, the misguided judgement that use of sequences which include visual effects discredits a filmmaker's attempt to represent reality. After completing a documentary utilising a traditional model of production for methodology, the question of how to increase this film's marketability is then examined by testing the specific assertion that Visual Effects is capable of increasing the level of appeal inherent within the documentary genre. Whilst this area of research is speculative, qualifying Visual Effects as an acceptable communication tool in non-fiction narratives will allow the documentary sector to benefit from increased production capabilities.

Panel discussion and documentary screening to celebrate World Industrial Design Day (WIDD) 2010

This collaborative event was organised to coincide with International celebrations by the International Council of Societies of Industrial Design (ICSID). The panel discussion involved industrial designers from a variety of backgrounds including academics, theorists and practitioners. Each panel member was given time to voice their opinion surrounding the theme of WIDD2010 "Industrial Design: Humane Solutions for a Resilient World". The discussion was then extended to the audience through active question and answer time. The panel included: * Professor Vesna Popovic FDIA - Queensland University of Technology * Adam Doyle, Studio Manager - Infinity Design Development * Scott Cox MDIA, Creative Director - Formwerx * Alexander Lotersztain, Director - Derlot * Philip Whiting FDIA, Design Convenor - QCA * Professor Tony Fry, Director Team D/E/S & QCA After this, the documentary by Gary Hewtsit "Objectified" was then screened (75 min).