scholarly journals Reconciling the "Bittersweet Chemistry" between Technology and Corporate Takeovers through Reinforcing National Security Interests in Merger Control

Author(s):  
Justice Mudzamiri ◽  
Patrick Osode

This article argues that company takeover regulation regimes must carefully balance two opposing notions. On the one hand, the regime must be designed to enable or facilitate the initiation and successful implementation of takeovers and mergers in the interests of economic growth and technological advancement. On the other hand, such a regulatory framework ought to be sensitive to the ever-increasing need to protect national security interests, especially from veiled threats. These threats include cybercrimes, private data hacking and espionage, which are endemic to takeovers contemplated by foreign persons that possess technological sophistication and are leaders in the rapidly unfolding Fourth Industrial Revolution. Recently some jurisdictions, such as the United States of America and the United Kingdom, have been active in reforming their investment laws to particularly strengthen the protection of national security interests. Similarly, in South Africa the debut introduction of section 18A of the Competition Amendment Act 18 of 2018 has enabled the addition of a concurrent but parallel standard to the pre-existing merger control criteria prescribed under section 12A of the Competition Act 89 of 1998. This article evaluates the efficacy of South Africa's framework for national security interests' protection in the context of merger control using its US and UK counterparts as comparators. Ultimately, the article proposes reforming the existing statutory and institutional framework to effectively accommodate national security interests in South African merger control.

2021 ◽  
Author(s):  
Karam Yateem ◽  
Mohammad Dabbous ◽  
Mohammad Kadem ◽  
Mohammed Khanferi

Abstract The main objective of the paper is to outline initiatives associated with leveraging creativity and innovation to sustain operational excellence. It will cover processes, applications and best practices toward continually leveraging creative and innovation such as the development of innovation team toward creating a collaborative environment in the generation, identification and development of ideas and new technological advancement deployment. The processes described will cover (1) the continuous monitoring and management update of innovation submissions, implementation and self-development course completion, (2) recognition for value addition resultant from technological deployment, (3) Technical Review Committee (TRC) centralization and streamlining of evaluating technologies and best practices, (4) the assignment of challenging targets and (5) the initiation of special innovation campaigns for pressing and challenging matters has resulted in various major accomplishments. The establishment of the 4th Industrial Revolution (IR 4.0) team to address production engineering and well services challenges and collaborate for articulate, smart, more efficient and effective resolutions, process improvements and decision making. The results were remarkable with an incremental increase into intent to submit a patent file consideration, patenting, technology deployment and production of technical manuscripts addressing the unique achievements as well as the submission of awards applications. Technical collaboration toward triggering resolutions to ongoing operational challenges has resulted in various internal in-house built strides of best practices and other collaborative initiatives with other services providers such as: Intelligent Field Equipment Industrial Professionals Training: Special training for intelligent field equipment associated with smart well completion (SWC) exercising and optimization, data retrieval from multiphase flow meters (MPFMs) as well as a permanent downhole monitoring system (PDHMS) and conducting basic preventative maintenance (PM) requirements. Multiphase Flow Metering (MPFM) Advanced Monitoring System: An in-house developed MPFM system advanced monitoring to enable production/Intelligent Field engineers to monitor and diagnose MPFMs healthiness in all fields. It includes a validation mechanism to monitor and verify the different MPFM diagnostic data, alarming mechanism, flow rates and data visualization tools to verify the health of the installed base of equipment toward higher testing efficiency, reduction of manpower exposure to the field, and cost avoidance through minimizing operational logistical arrangements and minimization of unnecessary field visits by service providers. The ultimate intent is to heavily depend upon all employees to successfully propose solutions, and subject matter experts to coach employees in the successful implementation of practical resolutions to improve operations, optimize cost, and enhance employees’ satisfaction and engagement.


2021 ◽  
pp. 260-294
Author(s):  
Thomas A. Guglielmo

Chapter 7 follows nonblack minorities through their training and service in the United States. America’s World War II military, from its top leaders to its enlisted personnel, simultaneously built and blurred a white-nonwhite divide alongside its black-white one. On the one hand, the blurring stemmed from a host of factors, including the day-to-day intermingling of troops, the activism of nonblack minorities, and, paradoxically, the unifying power of the black-white divide among nonblacks. On the other hand, this blurring had its limits. White-nonwhite lines cropped up in some of the same places black-white ones did and in some different ones, too, especially those related to national security and Japanese Americans. In the end, these lines remained in place throughout the war years, despite continuous blurring. They did so in part because of these racialized national security concerns and because of the power of civilian racist practices and investments.


2020 ◽  
Vol 13 (3) ◽  
pp. 313-341
Author(s):  
Yan Xuetong

Abstract The year 2019 saw the curtain rise on a US–China bipolar rivalry quite different from the Cold War US–Soviet bipolarity. The fundamental difference between the current bipolar rivalry and that during the Cold War is that ideology is no longer the main engine driving international competition, but rather the new digital dimension of strategic competition that is emerging between the United States and China. Technological advancement over the past 15 years has led world history’s entry into the early digital age. The development of digital technology has created new ways of protecting national security, of accumulating national wealth, and of obtaining international support. Cybersecurity is becoming the core of national security and the share of digital economy in major powers’ gross domestic product dramatically increases. For the leading powers, strategic competition in cyberspace in this early digital age outstrips to a crucial extent that within physical geographic boundaries. This article observes that Cold War mentality and digital mentality will have mixed impact on foreign policy-making in the digital age, and that interactions between the nations whose foreign policy is simultaneously influenced by both mentalities will shape the emerging international order into one of uneasy peace, where there is no direct war and few proxy wars. It will rather be a scenario reflecting the dark side of globalization and downside of global governance, evident in the violation of agreements, double dealing, cyber-attacks, and technology decoupling between states. Although further digital advancement will indeed change international politics in ever more aspects, US–China bipolar configuration will nevertheless remain in place for at least for two decades, or perhaps longer.


2017 ◽  
Vol 7 (3) ◽  
Author(s):  
Safril Hidayat dan Ridwan

<p><strong>Abstract - </strong>The maritime and marine potentials are so great on the one hand, were a blessing on<strong> </strong>Indonesia's geographical condition, but on the other hand, it can lead to conflict. Exploitation and illegal activities on marine resources without considering to sustainability will worsen the welfare of society and oftenly conflicting international relations. As a country that becomes the crossing of foreign ships where four straits of the seven important straits of the world exist in Indonesian waters, Indonesia is a country that is vulnerable from the side of maritime security. Crime in Indonesian waters is still frequent, either by Indonesian citizens themselves or foreign nationals. The Government of Indonesia with the Nawa Cita program has the vision of Indonesia as a maritime axis of the world. Meanwhile, as a policy, the successful implementation of maritime axis policy is largely determined by content of policy and context of implementation. The successful implementation of maritime axis policy will impact the realization of the welfare and security of Indonesian society. This article uses a qualitative approach with data sources and literature related to maritime axis. Validity and reliability of data is done by reference triangulation. The results show that the implementation of maritime shaft policy still requires the readiness of the implementer as the front guard of maritime axis policy along with the development of maritime infrastructure of international standard.</p><p><strong>Key words: </strong>maritime axis, content of policy, context of implementation, national security</p>


2019 ◽  
Vol 25 (1) ◽  
pp. 8-13
Author(s):  
Adriana Alexandru ◽  
Victor Vevera ◽  
Ella Magdalena Ciupercă

Abstract The link between national security and the protection of critical infrastructure is vital to the progress of any society and its proper social functioning. The term critical infrastructure was developed by the United States in the 1990s and it has evolved in time; nowadays, most of the current definitions include the security dimension in their content. Along with its many benefits, the technological advancement has brought with it the diversification of threats that could lead to the malfunctioning of critical infrastructures. The new weapons of the 21st century and the new asymmetric threats constitute real dangers to the good functioning of every critical infrastructure. Once they may be interrupted, the normal functioning of the whole society would be endangered because of the domino effects it causes. In this article we will look at how the link between critical infrastructure and national security is reflected in national regulations and crisis scenarios, highlighting the main strengths and the existing legislative gaps along with discussing their applicability.


2021 ◽  
Vol 18 (1) ◽  
pp. 6-28
Author(s):  
T. Alekseeva ◽  
V. Nazarov ◽  
D. Afinogenov

The article examines evolution of scholarly approaches towards the phenomenon of the “national security.” By the early 21st century this notion found its way in the official strategic documents of a wide range of states. The authors examine the Russian and international record of analysis in the field of national security, and assess the adequacy of existing views on this subject taking in the account emerging threats, risks and challenges, as well as the tasks of sustainable development of a country in the social, economic, political, information, spiritual and other areas. They start by presenting the early conceptualizations of this term in the debates of American experts in the 1950s and the 1960s. An important innovation of that period was disentanglement of the national security from purely territorial and military threat, by preparing for other types of contingencies. The article additionally examines the struggle between two alternative approaches towards protecting the national security in the United States: the one founded on unilateral domination and the other prioritizing collective actions. It demonstrates that the one important result of the Western debates was the emergence of a new field of study defined by policy relevant studies, which produce useful, original, and verifiable inferences, which are then injected in decision-making process. In order to promote a similar institutionalized expertise, the article suggests seceding the study of the national security in a separate discipline. This step will enable to further promote the training of specialists not only in the field of national security and strategic planning, but also political scientists and future specialists for the public service. The need for this is obviously related to the tasks of improving the quality of policy making and strategic planning in the Russian Federation, the implementation of national projects in an extremely complex international environment.


Author(s):  
Hoàng Ðức Nhã

This chapter takes a look at the tumultuous relationship between President Thiệu and President Richard Nixon and his national security advisor Henry Kissinger from the perspective of Thiệu's personal secretary. The South Vietnamese government at that time was in a unique and challenging situation. On the one hand, it had to defend the Republic of Vietnam's territorial integrity and defeat the communist invasion, and on the other hand, it had to create transformational change for the betterment of the entire population. All this had to be done while cooperating with the Nixon administration to restore peace to the two parts of Vietnam. However, this chapter reveals that South Vietnam's negotiating position with the United States was being constantly frayed by secret exchanges and communications with Hanoi. Relations gradually took a turn for the worse when after it was revealed that President Nixon and Dr. Kissinger wanted to end the war their way, South Vietnamese opinions or objections be damned.


I would like to join the President in welcoming you to this discussion meeting on Manufacturing Technology in the 1980s. Before going any further I should say that the lion’s share of the organization has been done by Dr Williamson. In addition to finding many of the speakers he has had to deal with every question which has arisen during the last month as I have been away on a month’s visit to India, Australia and the United States. This is the third discussion meeting in the Royal Society series dealing with technological developments in the 1980s. The first two meetings dealt with building and ship technology, while the one after this is concerned with agricultural productivity. Manufacturing covers the entire range of industries from continuous processes like those in the metallurgical and chemical industries involving large capital expenditure, to the backstreet workshop producing components for local sale or for larger industries. In the United Kingdom, and in nearly all advanced countries, manufacturing is by far the largest single element in the gross national product. A consideration of future developments is therefore something which will affect a large proportion of the working population. While this meeting cannot hope to cover all aspects of the subject, the organizers have arranged the programme to cover the spectrum from continuous processes to batch manufacture. In the formal papers the speakers will examine trends of development not only in technical matters but also in human and environmental terms. It has been said that the Western world is entering a second Industrial Revolution in which industries will have to provide greater intellectual stimulus for their workers, particularly those working on mass-production processes, much better communication between management and workers, and much greater consideration for the environment both inside and outside the factory. Meeting these problems is likely to absorb every bit as much management and engineering talent as has gone into the technical achievements of the last hundred years.


1984 ◽  
Vol 19 (3) ◽  
pp. 279-286 ◽  
Author(s):  
Ghiţa Ionescu ◽  
John Pinder

THE ARGUMENT WE ARE ABOUT TO PRESENT UNDER THIS perhaps surprising title is based on a syllogism whose two premises are now visible to all in their sad reality.The first premise is that because of their political organization in small and medium-sized sovereign states, the countries of Western Europe are losing the chance of adapting themselves independently to the requirements of the third industrial revolution. In this they are falling far behind the United States of America, a welfare state like them and belonging to their political culture – and Japan, whose different political culture makes the comparison less appropriate. Technological dependence brings with it lack of independence in all directions – and especially in military capacity which is now dominated by the two nuclear superpowers. The belated individual efforts of some of the European states to modernize their industries with their own means and with different socio-economic ideologies – conservative monetarism in Britain, socialist Keynesianism in France – have aggravated unemployment in the one and inflation in the other, and provoked much popular dissent against the central governments. The centralized nationalistic system became increasingly inadequate: for the problems are common ones that require common solutions; and as the problems are functional, they abhor ideological approaches.


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