<p>This thesis examines the influence of investor protection and legal origin on equity market size. Previous studies have shown a relationship between legal origin and equity markets as well as quality of law. We examine whether there are any relationship between stock market capitalization as a percentage of GDP, private property rights, anti director rights and legal origin.</p><p>We use data from 49 countries in our sample that is collected from the World Bank, Heri-tage foundation and La Porta et al. (1998). Our study is based upon a cross-sectional re-gressions and a variance analyzes.</p><p>Our results show that property rights as well as anti director rights have a positive relation-ship to stock market capitalization as a percentage of GDP. We could not find any signifi-cant results in our regressions that stock market capitalization as a percentage of GDP can be explained by legal origin.</p><p>We consider previous conducted studies regarding legal origin to have exaggerated legal origins’ impact on equity markets. Equity markets are more related to the level of develop-ment in countries, no matter legal origin.</p>

The subject of this thesis is the operation of corporate insolvency law in post-colonial India. Indian corporate insolvency law has been widely condemned as dysfunctional, critics complaining of extreme delays and a series of associated harms to creditors in the disposal of formal proceedings. Surprisingly little is known, however, about why the law has ‘failed’ creditors in this way - why the law operates as it does. That is the question that motivates this thesis. The thesis reports the results of an in-depth study of the introduction and development of India’s two principal insolvency procedures for corporate debtors: liquidation (under the Companies Act 1956) and rescue (under the Sick Industrial Companies (Special Provisions) Act 1985, for industrial companies). The most significant contribution made by the thesis is the reporting of new evidence of the influence of judges on the development of these two insolvency procedures over time, drawn from an original analysis of a large body of Indian case law. This evidence suggests that the role of the courts (or more specifically, the role of judges) has been significantly underestimated in previous attempts to explain the demise of corporate insolvency law in post-colonial India.

Saudi Arabia and Islam have had a very close relationship since the establishment of Saudi Arabia. Thus, Saudi Arabia chose Islam to govern all its laws. Since 1952, with the discovery of oil, the country has witnessed a huge development including the establishment of the Saudi Arabian Monetary Authority (SAMA) as a Central Bank. SAMA was expected to only allow financial activities that did not conflict with the teachings of Islamic law, as stated in its Charter. However, since its existence, SAMA has supervised and licensed conventional banks that charge Riba (interest or usury) and all the regulations made by SAMA have been designed to deal with conventional banks. Consequently, there is a difference between the law, Islamic law, and the practice. Over the years a dramatic improvement in Islamic finance has been realised. Many countries and international organisations that specialised in Islamic finance have set especial regulations that suit such finance. Nonetheless, Saudi Arabia as a regulatory body preferred not to join this trend and continued adopting and practising the same regulations that were made for conventional finance. This thesis seeks to develop the regulatory framework towards Islamic finance by sheding light on the legal challenges and difficulties that may encounter Islamic finance in Saudi Arabia, which may prevent the Kingdom of Saudi Arabia from being the leading country for developing Islamic finance. To help in identifying these challenges, an Islamic financial product Sukuk (Islamic bonds) is chosen to be a case study to show some of the challenges in practice. The thesis firstly discusses Islamic principles toward finance, then the legal environment of Saudi Arabia and how Islamic finance is practised in the Kingdom. It then introduces the new development in the legal environment in response to the Saudi Vision 2030 which can be a tool to help solving the obsricales that Saudi Arabia is encountering. Then the thesis discusses some challenges related to sharia boards in financial institutions, such as not having sharia governance as part of the corporate governance of financial institutions that market their products as being compliant with sharia law; in addition, the absence of a Central Sharia Board that should help in ensuring the conformity of financial products to sharia law. The thesis proposes that the regulators should develop and adopt especial regulations framework that could help the development of Islamic finance. The thesis defines Sukuk and shows how it differs from other financial instruments in conventional finance. Then, it identifies some of the challenges that face Sukuk and its development in the country. Moreover, it looks at a very recent development in the Saudi legal system, which is in response to the Saudi Vision 2030 and the recent interest that was shown by decision-makers, such as the Chairman of the CMA, the Minister of Commerce and Industry, the Deputy Minister for Internal Trade, and also both the Governor and Vice-Governor of the SAMA, in response to the Vision 2030 which could contribute to the development of Islamic finance. As far as the researcher is aware, hardly any studies have addressed this issue with respect to the new development that Saudi Arabia is currently witnessing in response to the Saudi Vision 2030 and the recent developments taking place in neighbouring countries which broadly share similar cultural and religious values. Finally, the thesis proposes some recommendations to develop Islamic finance including some guidelines for establishing a Central Sharia Board, and also, a sharia supervisory governance for Islamic financial institutions which should have a positive effect on Islamic finance in the country.

The purpose of this dissertation is to study on the Chinese, American, British, Korean, Japanese and international ship finance regimes on a comparative basis. The first part of the dissertation introduces various shipping finance sources. The second part of the dissertation focuses on analysis of the loan agreement, security documents and other related legal documentation and their principal clauses as well as implications to the shipping finance practice. The author then researches on the ship lease financing in China, Coastwise Trade Endorsement and Jones Act Sale Leaseback in the United States, Tax Lease regime in the UK and government finance models in Japan and Korea. The author also compares the ship mortgage regimes in China, the United States, Liberia and the Marshall Islands, and illustrates practices and legal issues in connection with ship construction, sale and purchase and classification society. In the final part of the dissertation, the authors proposes alternatives and improvements for Chinese shipping finance and advantages of the U.S., Japanese and Korean regimes which China could learn from. / acase@tulane.edu

This thesis examines the influence of investor protection and legal origin on equity market size. Previous studies have shown a relationship between legal origin and equity markets as well as quality of law. We examine whether there are any relationship between stock market capitalization as a percentage of GDP, private property rights, anti director rights and legal origin. We use data from 49 countries in our sample that is collected from the World Bank, Heri-tage foundation and La Porta et al. (1998). Our study is based upon a cross-sectional re-gressions and a variance analyzes. Our results show that property rights as well as anti director rights have a positive relation-ship to stock market capitalization as a percentage of GDP. We could not find any signifi-cant results in our regressions that stock market capitalization as a percentage of GDP can be explained by legal origin. We consider previous conducted studies regarding legal origin to have exaggerated legal origins’ impact on equity markets. Equity markets are more related to the level of develop-ment in countries, no matter legal origin.

This dissertation consists of three essays in international corporate finance. It studies the impact of aggregate conditions and the institutional environment on the behavior of publicly traded firms from a broad sample of countries. In the first essay I argue that when credit constraints are widespread, as may be the case in countries with poor investor protection, we should not necessarily expect small firms´ investment to be more sensitive to monetary contractions or negative aggregate shocks. A simple model of investment with credit constraints shows that for this pattern to occur we need a high enough level of investor protection. The empirical evidence is broadly consistent with the hypothesis. In periods of tight credit conditions, small firms from countries with high creditor protection contract their investment rate more than large firms, while there is no significant difference in the investment contraction of small and large firms in from low creditor protection countries. In the second essay I explore to what extent the effect of legal origin on payout policy, ownership concentration, and valuation has been stable through time. The results suggest that previously established results should be taken with caution, and cast doubts on their strength. In particular, it appears that corporate characteristics are converging across countries, and legal origin is not longer an important determinant of them. In the final essay I study to what extent capital raising in international markets is related to firms´ ability to react to financial shocks. I provide a complete descriptive picture of the main patterns in the use of international financing between 1990 and 2009,study how issuers and non-issuers grow during financial crises, and how their growth is related to the aggregate conditions in the economy and their past financing behavior. Firms that raise capital internationally have a lower correlation with the local GDP growth, and grow more during local financial crises; however this relationship depends on the overall degree of development of the country and is highly dependent on the determinants of the issuance decision. The descriptive analysis show that international capital raising is pervasive in most countries, but the firms doing so differ depending on the development of their country of origin. / text

Thesis (J.C.L.)--Catholic University of America, 2005. / Includes bibliographical references (leaves 58-62).

Thesis (J.C.L.)--Catholic University of America, 2007. / Includes bibliographical references (leaves 76-87).

Thesis (J.C.L.)--Catholic University of America, 2007. / Includes bibliographical references (leaves 76-87).

Esta pesquisa mostra como o desenvolvimento do sistema jurídico institucional do mercado de crédito rural no Brasil se desenvolveu a ponto de permitir a convivência de dois modelos normalmente considerados antitéticos: o modelo de economia de mercado coordenado via bancos públicos e o modelo de economia de mercado liberal. O primeiro capítulo da dissertação reconstrói como a teoria do Law and Finance que permite identificar adequadamente esse resultado de pesquisa se desenvolve a partir da crise das postulações e premissas da teoria econômica neoclássica. O segundo capítulo narra o desenvolvimento e crise do modelo do Sistema Nacional de Crédito Rural entre as décadas de 1960 e 1980, partindo de uma análise sobre sua estrutura, regulação e institutos. Passando dos modelos de organização financeira para as modalidades de crédito rural, o capítulo narra a lógica, estrutura e evolução do modelo calcado na alocação de recursos por banco públicos, de modo que essa elucidação de contexto histórico permite que se verifique a grande ruptura que é introduzida no sistema de financiamento rural a partir dos anos 2000. O terceiro capítulo narra e descreve o surgimento da estrutura, regulação e institutos regidos pela lógica de mercado liberal, até então ausente no SNCR para, após, realizar uma apreciação do resultado alcançado. Ao final, a conclusão reúne os principais achados dessa pesquisa, destaca os principais pontos de sua narrativa e os problematiza para uma agenda de pesquisa futura. / This research shows how the development of the institutional legal system of rural credit market in Brazil grew to the point of allowing the coexistence of two models usually considered antithetical: the coordinated market economy based in public banks model and the liberal market economy model. The first chapter of the dissertation reconstructs the theory of Law and Finance - which allows us to clearly see the research findings from the crisis of the postulates and assumptions of neoclassical economic theory. The second chapter narrates the development and crisis of the model of the National System of Rural Credit between the 1960s and 1980s, from an analysis of its structure, regulation and institutions. Moving from the financial organization models to the modalities of rural credit, the chapter presents the logic, structure and evolution of the model based in public banks, so that such historical context elucidation allows to check the big rupture that was introduced in rural finance system as from 2000s. The third chapter narrates and describes the rise of the structure, regulation and institutions governed by the liberal market logic, absent in the SNCR until then; making after that an assessment of the results achieved. The conclusion presents the main findings of this research, highlights the main points of its narrative and advocate for a future research agenda.