Conventional financial theory has played an important – and yet largely unexamined – role in shaping how we regulate modern financial markets. This thesis explores the influence of conventional financial theory on the regulation of over-the-counter (OTC) derivatives markets in the U.S. and U.K. prior to the global financial crisis. More specifically, it explores how conventional financial theory failed to adequately account for both the complexity of OTC derivatives markets and the nature and pace of financial innovation and, ultimately, how these blind spots became reflected in a ‘non-interventionist’ approach toward their regulation now widely viewed as suboptimal. This thesis yields three important contributions to the scholarly and public policy debates surrounding the regulation of modern financial markets. First, it articulates a more robust theoretical framework for understanding complexity, financial innovation, and the relationship between these powerful market dynamics. This, in turn, facilitates an examination of the implications of complexity and financial innovation in terms of the ongoing debates respecting the optimal source, form and scope of financial regulation. It also facilitates an examination of both the shortcomings of the pre-crisis regulatory regimes governing OTC derivatives markets and, looking forward, the prospective strengths and weaknesses of embryonic post-crisis reforms. Finally, and more broadly, this thesis enhances our understanding of the relationship between the important insights of financial theory and how we conceptualize and pursue the objectives of financial regulation.

Thesis (Ph. D.)--University of Michigan, 1989. / Includes bibliographical references (leaves 224-238).

As workers become more aware that occupational exposure to toxic substances can impair their ability to bring healthy children into the world. they will begin to focus on legal mechanisms for reducing reproductive hazards in the workplace. The authors explore the use of compensatory remedies and anti-discrimination laws to provide an impetusfor employers to provide safe workplaces. hey investigate using workerprotection laws to reach psychological injuries and harm to offspring. They also survey existing preventive tools such as injunctive relief and the right to refuse hazardous work

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Telecoms industry is a highly specialised industry and there is a general consensus that it requires a specially designed regulatory system. Besides the many technology-oriented regulations, this regulatory system not only integrates many economic theories and concepts taken from competition law, but also features several measures designed ad hoc to deal with the character of the industry, such as a natural monopoly, bottlenecks and a public service. A major category of these regulatory measures is forced access mechanisms. "Forced access" in this thesis refers to the forcing open of certain property – mostly telecoms networks and relevant facilities – to be accessed by others, especially other competitors in the market. While these mechanisms do indeed promote competition in the telecoms market and benefit the public, they also limit the fundamental rights of telecoms companies – mostly incumbents – as legal persons, especially concerning their property rights and freedom to conduct a business, and it does not need emphasising further that the protection of fundamental rights is a general principle in the European Union and a constitutional value in modern democratic states. This thesis aims to take three distinct telecoms forced access mechanisms (interconnection, local loop unbundling and separation), with different regulatory intensities, as examples to discuss the possible fundamental rights derogation issues of two targeted jurisdictions – the European Union and Taiwan. There are some substantial reasons for this comparative study. On the one hand, many of the regulatory concepts of the telecoms regulatory framework in the European Union, together with those in the United States, have been adopted by Taiwan; on the other hand, the protection of fundamental rights in the European Union is inspired by the constitutional traditions common to Member States, and the German Basic Law (Grundgesetz) plays an important role, while the Taiwanese Constitution and the constitutionality reviews system derive from Germany (continental law) and the United States (common law). The reasoning of Taiwanese constitutional review does not therefore just reflect the fundamental rights protection system but also introduces the constitutionality review system of the United States as a reference. This thesis starts with an introduction to telecoms forced access mechanisms in the European Union and Taiwan, with a special focus on three selected forced access mechanisms. Then, fundamental rights protection system under the two jurisdictions will be discussed, followed by an in-depth discussion of the concepts of property rights and freedom to conduct a business. This thesis goes on to analyse how to appraise the three telecoms forced access mechanisms in relation to the fundamental rights protection system and to discuss the reasonableness of such an analysis. The final part of the thesis will, by reviewing the legal frameworks of the two jurisdictions, offer answers to the questions raised in the analysis.

The level of trade in Nigeria has been declining in recent years. This decline is attributable to the inaccessibility of trade finance particularly by Nigerian SMEs which are the principal contributors to economic activity in Nigeria. Factoring has been identified as a veritable tool for providing sustainable and accessible trade finance particularly for SMEs. Factoring is a financial service where an enterprise sells its accounts receivables (in the form of invoices) to a factor at a discount in return for immediate cash and a range of services including credit protection, accounts receivable bookkeeping and collection services. Despite the prospects factoring bears for improving trade financing in Nigeria, the awareness, availability and use of factoring as a trade financing product in Nigeria has remained very low. One key reason for the poor state of factoring in Nigeria is the absence of a robust and facilitative legal and regulatory framework for factoring in Nigeria. This research therefore analyses the legal and regulatory framework for factoring in Nigeria to assess the extent to which it facilitates and promotes the use and provision of factoring as an alternative trade financing tool in Nigeria. This paper commences by exploring the concept of factoring and examining the role of factoring as an alternative trade financing tool in Nigeria. This research analyses the legal and regulatory framework for factoring in Nigeria by examining the current framework and the proposed framework – the Nigerian Factoring Bill. This research goes further to comparatively analyze the legal and regulatory framework for factoring in Nigeria against modern best practices for factoring law and regulation to extract valuable lessons for Nigeria. Finally, this research proffers useful recommendations for improving and strengthening the Nigerian legal and regulatory framework for factoring in order to promote and facilitate the use and provision of factoring services in Nigeria. / Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (International Trade and Investment Law in Africa) / Unrestricted

The provision of safe drinking water provides a dramatic example of the inherent complexity involved in incorporating environmental justice (EJ) considerations into the implementation and enforcement of new environmental standards. To promote substantive EJ, implementation policy must be concerned with the net risk reduction of new and revised regulations. The regulatory concern is that higher water bills for low-income customers of small public water systems may result in less disposable income for other health-related goods and services. In the net, this trade-off may be welfare decreasing, not increasing. Advocates of Health–Health Analysis have argued that the reduction in health-related spending creates a problem for traditional benefit-cost analysis since the long-run health implications of this reduction are not considered. The results of this investigation tend to support this contention. An evaluation of the internal structure of consumption expenditures reveals that low-expenditure households can be expected to react to an increase in the relative price of housing-related goods and services due to a water-rate hike by reducing both housing and health-related expenditures. That is, the representative low-expenditure household re-establishes equilibrium by not only decreasing housing-related spending, but also by decreasing spending on health-related expenditures in a modest but significant way. These results reflect the fact that expenditures on housing are a major proportion of overall household spending, and that accommodating drinking water surcharges exacerbates both health and food security concerns for low-expenditures households.

Prostitution is not criminalised in the legal order of the Czech Republic, nor are the legal conditions for its practising regulated by law. Due to this approach the Czech Republic follow the abolitionist model of regulation of prostitution, which is based on penalizing the negative aspects related to prostitution, especially the criminality committed in relation to its providing, and endangering the public order, morals and health. The sole practising of prostitution is left without legal regulation and remains unresolved. This should be changed by the draft on regulation of prostitution, which is built upon the concept of regulating the prostitution as a legal business. This thesis deals with two basic sets of questions. First being the issue of regulation of prostitution and the conditions for its practising, second is the criminal law aspects of this phenomenon. The thesis is divided into seven parts according to its content. The first four parts offer the theoretical basis for the core of the thesis, which are parts five and six. Those are devoted to the mentioned basic questions. The first part characterises the nature of prostitution and offers its definition derived from the case-law. The second part gives the overview of different forms that the prostitution can acquire according to the...

v angličtině Diploma thesis is focused on media law in the area of broadcasting. The sources for the diploma thesis were broadcasting legal frameworks of the Czech Republic and the European Union, available case-law and doctrinal findings. The goal of the diploma thesis is to systematically and analytically describe individual institutes of media law in broadcasting, which in sum compose the legal framework of broadcasting in the Czech Republic. Diploma thesis contains systematic definition of broadcasting mainly from the viewpoint of general media theory, furthermore overview of the legal framework of the broadcasting itself. In the diploma thesis is evaluated the legislation concerning traditional broadcasting media and broadcasting through the internet. Diploma thesis furthermore contains chapter dedicated to regulation of broadcasting and regulatory bodies operating in the Czech Republic. The diploma thesis is concluded with a chapter dedicated to further possible developments in media law in the area of broadcasting mainly due to the proposed changes of individual laws.

This dissertation seeks to improve the current understanding of the ways in which institutional reform can promote the development of stock markets in Latin America. Over the past decade, policymakers sought to stimulate the growth of capital markets in the region through the promotion of a standardized set of formal institutions. An example of this approach in the field of company law was the introduction of modern corporate governance practices into nations without a solid enforcement infrastructure. By most accounts, these efforts did not deliver on their promise of stock market development. This work identifies areas for potential reform. As a means to better understand the operation of Latin American stock markets, this dissertation draws from different sources, including the historical experience of industrialized nations, the available literature on institutional reform, the documented shortcomings of legal reform programmes and hand-collected data from various Latin American countries. The resulting analysis suggests that the promotion of Latin American capital markets may require strategies different to those that were set in motion over the past decade. The main contribution of this work is twofold. First, this dissertation brings some nuance to the discussions concerning the challenges faced by Latin American capital markets. A proper understanding of these challenges is essential for policymakers in the region, particularly after the onset of the Latin American Integrated Market. Second, this dissertation explores the use of ‘transitional strategies’ to overcome some of the challenges identified here. The ultimate goal of this project is to inform future reform efforts in Latin America and to offer some insights for policymakers in other emerging countries.