Regulating Proxy Advisors Through Transparency: Pros and Cons of the EU Approach

2017 ◽  
Vol 14 (1) ◽  
pp. 1-36 ◽  
Author(s):  
Gaia Balp
Keyword(s):  
Status Quo ◽  
Legislative Process ◽  
European Regulation ◽  
The Us ◽  
The Status ◽  
Pros And Cons ◽  
Proxy Advisors ◽  
Legal Constraints ◽  
The Eu

This article outlines potential pros and cons of a future European regulation of proxy advisory firms, as set forth in the Commission’s Proposal for a Directive amending Directive 2007/36/EC. After summarizing criticisms concerning the proxy advisory industry, and findings regarding its de facto influence on investors’ voting conduct both in the US and in the European context, the article adverts to why the power of proxy advisors appears to be overestimated. Uncertainty on the status quo of the industry’s actual impact on key decisions in listed companies, as well as costs associated with a regulation, need to be considered for assessing the suitability of the rules drafted to ensure adequate levels of independence and quality of voting recommendations. While transparency rules may be preferred to stricter legal constraints or requirements in a first stage, possible shortcomings of the Draft Directive exist that may undermine its effectiveness. Analyzing the amendments to the Proposal adopted by the European Parliament, and the Council’s Presidency compromise text, may suggest a preferable approach as regards single rules still making their way through the European legislative process.

The Tragedy of Lebanon

1984 ◽  
Vol 1 (1) ◽  
pp. 27-52
Author(s):  
Mahmud A. Faksh
Keyword(s):  
Civil War ◽  
Status Quo ◽  
World War ◽  
Land Area ◽  
Henry Kissinger ◽  
The North ◽  
Northern Cyprus ◽  
The Us ◽  
The Status ◽  
New States

I.Since the end of World War 11, approximately eighty new states havebeen established. Only two, Pakistan and Cyprus, have undergone theagony of dismemberment when Bangladesh broke off in 1973 and theTurkish Republic of Northern Cyprus was declared in 1983. The worldmay now be witnessing the possible breakup of yet a third state:Lebanon, whose disintegration has been accelerated since the June 1982Israeli invasion.Shortly after the invasion began, Henry Kissinger assessed itsconsequence for Lebanon’s future, concluding, “It is neither desirablenor possible to return to the status quo ante in Lebanon.” One possibleoutcome was that some Syrian and Israeli forces would remain in thenorthern and southern ends, respectively, and the central government’sauthority would ostensibly cover the rest of the country. Implicit in theKissinger diagnosis is the possibility of eventual partition.Though the gloomy assessment by the “wizard” of US. foreign policyshould by no means be construed as a portent of an official shift awayfrom the publicly stated US. support of “Lebanon’s sovereignty andterritorial integrity,” a shadow was cast on the country’s prospects.Subsequent developments have seemed to indicate that Lebanon’sdemise looms larger than at any time since the beginning of the civil warin 1975-76.For over a year and a half national fragmentation has proceededinexorably. What many people once could imagine only with difficulty,they now acknowledge: in reality, Lebanon is facing possible death. TheSouth (35 percent of the land area) is occupied by Israel; the North andthe Biqa’ (45 percent) are controlled by Syria; Kasrawan (15 percent) iscontrolled by the Christian Maronite forces (the Lebanese Front forces),which are not subject to the government’s authority. The rest of thecountry-beleaguered Beirut and environs-was until the February1984 breakdown under the government’s shaky control supported bysymbolic US., French, Italian, and British units. The Multi-NationalForce (MNF) was subject to increasing attacks by Muslim leftist factions,as witnessed in the October 23 bombing of the quarters of U.S.Marines and French troops. Thus, instead of keeping peace, the MNFbecame ,a partisan force trying to protect itself. The US. and Frenchforces in particular seemed to have outlived their usefulness as“peacekeepers.” Recurrent fighting in southern Beirut and in theadjacent Chouf mountains, that pitted Christian Maronites and armyunits against Shi‘ite and Druse Muslims constantly threatened theexistence of President Amin Gemayel’s government and consequently arenewal of the civil war. This situation culminated in February 1984 inthe resignation of the Shafiq al-Wazzan’s cabinet, the loss ofgovernment’s control of West Beirut to Muslim-leftist militias, and theimminent collapse of Amin Gemayel’s presidency ...

In or Out?

2018 ◽  
Author(s):  
Catherine E. De Vries
Keyword(s):  
Public Opinion ◽  
Status Quo ◽  
Data Sources ◽  
Fine Grained ◽  
Alternative State ◽  
Empirical Measurement ◽  
The Status ◽  
People’S Attitudes ◽  
Over Time ◽  
The Eu

This chapter introduces a benchmark theory of public opinion towards European integration. Rather than relying on generic labels like support or scepticism, the chapter suggests that public opinion towards the EU is both multidimensional and multilevel in nature. People’s attitudes towards Europe are essentially based on a comparison between the benefits of the status quo of membership and those associated with an alternative state, namely one’s country being outside the EU. This comparison is coined the ‘EU differential’. When comparing these benefits, people rely on both their evaluations of the outcomes (policy evaluations) and the system that produces them (regime evaluations). This chapter presents a fine-grained conceptualization of what it means to be an EU supporter or Eurosceptic; it also designs a careful empirical measurement strategy to capture variation, both cross-nationally and over time. The chapter cross-validates these measures against a variety of existing and newly developed data sources.

The Backlash Against Neoliberal Globalization from Above: Elite Origins of the Crisis of the New Constitutionalism

2021 ◽  
pp. 026327642199944
Author(s):  
Quinn Slobodian
Keyword(s):  
Free Trade ◽  
Steel Industry ◽  
Status Quo ◽  
Current Crisis ◽  
Neoliberal Globalization ◽  
Corporate Elite ◽  
The Us ◽  
The Status ◽  
Trade War ◽  
Multilateral Treaty

This article recounts the backlash against the neoliberal constitutionalism that locked in free trade and capital rights through the multilateral treaty organizations of the 1990s. It argues that we can find important forces in the disruption of the status quo among the elite losers of the 1990s settlement. Undercut by competition from China, the US steel industry, in particular, became a vocal opponent of unconditional free trade and a red thread linking all of Trump’s primary advisers on matters of trade. Steel lobbyists themselves helped frame a critique of actually existing neoliberal globalism, which Trump both adopted and acted on as part of his trade war. By searching for the contemporary attack on neoliberal constitutionalism among the disgruntled corporate elite, we find that our current crisis must be framed as a backlash from above as well as one from below.

Bioethics, Adaptive Preferences, and Judging the Quality of a Life with Disability

2021 ◽  
Vol 47 (1) ◽  
pp. 199-220
Author(s):  
Joseph A. Stramondo ◽  
Keyword(s):  
Health Policy ◽  
Clinical Ethics ◽  
Well Being ◽  
Status Quo ◽  
The Self ◽  
Disabled People ◽  
Self Assessment ◽  
Adaptive Preferences ◽  
The Status

Both mainstream and disability bioethics sometimes contend that the self-assessment of disabled people about their own well-being is distorted by adaptive preferences that are only held because other, better options are unavailable. I will argue that both of the most common ways of understanding adaptive preferences—the autonomy-based account and the well-being account—would reject blanket claims that disabled people’s QOL self-assessment has been distorted, whether those claims come from mainstream bioethicists or from disability bioethicists. However, rejecting these generalizations for a more nuanced view still has dramatic implications for the status quo in both health policy and clinical ethics.

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

AbstractReview of “Interregional Recognition and Enforcement of Civil and Commercial Judgments” by Professor Jie Huang (Oxford and Portland, Oregon: Hart Publishing, 2014) which analyses the status quo of judgment recognition and enforcement in the Mainland China, Macao and Hong Kong under the ‘One Country, Two Systems’ regime. The book also presents a comparative study of the interregional recognition and enforcement of judgments in the US and EU.

Restoring Official Bilingualism

2020 ◽  
pp. 123-136
Author(s):  
Amílcar Antonio Barreto
Keyword(s):  
Puerto Rican ◽  
English Language ◽  
Language Fluency ◽  
English Only ◽  
Clear Sign ◽  
The Us ◽  
The Status ◽  
Pros And Cons ◽  
Language Law ◽  
English Language Fluency

While the PPD methodically debated the pros and cons of official unilingualism their PNP rivals, who won the 1992 elections, restored bilingualism within weeks of taking office. The PNP’s rush became apparent when Gov. Pedro Rosselló announced the promotion of a new status plebiscite. As Congress took up the status question in 1993, PNP delegates flashed the new language law as a clear sign of loyalty to the US. That move failed to sway many federal lawmakers who repeatedly brought up the connection between the Spanish language and Puerto Rican identity, along with the low rates of English-language fluency on the island. At this juncture English-language activists from the US mainland began interjecting themselves in the island’s status debates during the English-only movement, reiterating the tight bonds between American-ness and the de facto US vernacular. Although out of office, Commonwealth supporters won the 1993 status plebiscite.

Differentiated Disintegration: Brexit

2020 ◽  
pp. 137-155
Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen
Keyword(s):  
Bargaining Power ◽  
Status Quo ◽  
Common Interest ◽  
Economic Interdependence ◽  
British Government ◽  
Eu Membership ◽  
The Status ◽  
Cherry Picking ◽  
The Eu

This chapter examines negotiations on differentiated disintegration in the case of Brexit. It includes the efforts of the British government to renegotiate its EU membership prior to the referendum in June 2016 and the subsequent negotiations of the Withdrawal Agreement. The chapter shows that the same factors that explain demand for differentiated integration can also explain demand for differentiated disintegration. However, the supply conditions differ fundamentally. In disintegration negotiations, the EU enjoys the superior institutional bargaining power of the status quo-oriented actor, the superior material bargaining power produced by starkly asymmetrical economic interdependence, and the coherence and unity bestowed by supranational procedures and a common interest in preventing and deterring cherry-picking behaviour.

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments, Oxford and Portland, OR: Hart Publishing, 2014, 352 pp. Hardcover £65/€84.50

2014 ◽  
Vol 9 ◽  
pp. 381-385
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

AbstractReview of “Interregional Recognition and Enforcement of Civil and Commercial Judgments” by Professor Jie Huang (Oxford and Portland, Oregon: Hart Publishing, 2014) which analyses the status quo of judgment recognition and enforcement in the Mainland China, Macao and Hong Kong under the ‘One Country, Two Systems’ regime. The book also presents a comparative study of the interregional recognition and enforcement of judgments in the US and EU.

Approaches to the law applicable to proprietary effects of transactions in securities taken in uniform law: a lesson for the EU

2019 ◽  
Vol 24 (4) ◽  
pp. 711-723
Author(s):  
Michael F Müller
Keyword(s):  
Status Quo ◽  
Eu Law ◽  
The European Union ◽  
Conflict Of Laws ◽  
The Status ◽  
Uniform Solution ◽  
Uniform Law ◽  
The Hague ◽  
Securities Trading ◽  
The Eu

Abstract The modern practice of securities trading has led to almost insurmountable tensions with classical conflict-of-laws doctrine. The Hague Securities Convention set out to provide for a new and uniform solution. In a recent communication from the Commission, the topic has resurfaced on the European agenda. Against this background, this article poses the question of whether the discussion around the Convention can serve as a lesson for the European Union (EU). It is submitted that neither the status quo of EU law is satisfactory nor does the adoption of the Convention offer a fully convincing solution but that the problem should be targeted at its root: the outdated concept of some national substantive laws in intermediated securities.

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