This article will analyze the interplay between capital movements and trade in services as structured in World Trade Organization (WTO) law, and it will assess the implications of the capital account liberalization for the freedom of WTO Members to pursue their economic policies. Although the...

China has become the world’s third largest outward investor, behind the United States and Japan. A growing body of literature suggests that China’s regulatory framework for outward foreign direct investment (OFDI) is a determinant of the country’s rising OFDI. This paper...

The Global Financial Crisis had a severe impact on the commodity markets on top of the well-known effects on the worldwide economy. Not only the demand for commodities decreased severely thereby hurting the creditworthiness of participants in the wholesale commodity markets, but also the...

This paper examines how financial reporting regulations affect, and respond to, macroeconomic cycles by exploring a positive framework in which regulators subject to political pressures respond to cyclical demands by borrowers and lenders. We establish that, as economic conditions initially...

During a period of increasing turbulence and uncertainty in the corporate world, this timely paper contains the complete body of work addressed in the quot;Corporate Defense Insights: Dispatches from the Front Linequot; Qamp;A series (individually published at the RiskCenter throughout the...

This paper explores the nature of governance both within and by blockchains and the economies they support. There is a widespread assumption that the proper governance model for these economies is political, i.e., democratic voting. In this paper we make an alternative claim, namely that a more...

If we consider corporate defense as representing an organization's program of self-defense, we are referring to the structures, measures, mechanisms and processes aimed at defending the interests of all of its stakeholders (including its people). Managing corporate defense is therefore an...

An emerging trend in financial services is banks' increasingly common refusal to do business with industries for political reasons rather than for traditional business justifications. Banks' refusals are often explained by a desire to make a difference or send a message. While this desire may...

An emerging trend in financial services is banks’ increasingly common refusal to do business with industries for political reasons rather than for traditional business justifications. Banks’ refusals are often explained by a desire to make a difference or send a message. While this desire...

Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...