Abstract: Though operating in some form or another for over half a century, sovereign wealth funds (SWFs) did not become an object of general attention until the early part of the 21st century when a combination of the need of developed states for investment and the growing acceptability of state investment in private markets abroad made them both threatening and convenient. Assured by the framework of the Santiago Principles most states now view SWFs as a useful multi-purpose sovereign investment vehicle. Yet over the last decade or so, SWFs appear to have developed the potential to become an important instrument in good governance and development, especially for resource rich and capacity poor developing states. Following the lead of Chile, and with the patronage of IFIs, these SWFs have begun to serve objectives as and with development banks both within and beyond their home state. This paper considers the capacity of SWFs to serve ends beyond mere fund value maximization as envisioned in the Santiago Principles. It explores the value of SWFs as a means of enhancing governance capacity in weaker states, its utility in enhancing development objectives, the emerging landscape of joint ventures among SWFs for development and their intersections with emerging infrastructure and development banks, and their importance in enhancing the operationalization of emerging international business and human rights standards not only within their own organizations but through their investment activities. A brief assessment of these trends ends the paper. Lastly it develops a set of transformative changes in approaches to SWF instrumentality that SWFs, especially the smaller SWFs and those in developing states, might deploy in structuring and operating their SWFs within a globalized economic order. These strategies are meant to avoid the circular characteristics of current discussions grounded on premises of finance instrument silos and state based systems that no longer accord with the realities of, and fail to take advantage of the possibilities now offered through, global finance and can be grouped into the three transforming categories suggested in Section III: regionalization strategies; financial objectives strategies; governance strategies.
Investment treaties: What they are and why they matterIIED
This is a presentation, introduced by Lorenzo Cotula, team leader of the Legal Tools team at the International Institute for Environment and Development, in a IIED webinar on civil society advocacy on investment treaties in February 2015
This presentation introduces investment treaties – what they are and why they matter.
The webinar focused on how CSOs can scrutinise and advocate on investment treaties, learning from lessons in the Philippines and Malaysia.
The lessons from Malaysia on 'Engaging the Trans-Pacific Partnership agreement' are from Fauwz Abdul Aziz, of the Idris institute for Research (Malay Economic Action Council).
The lessons from the Philippines were shared by Joseph Perugganan, from Focus on the Global South.
More details: http://www.iied.org/legal-tools.
Peer-to-peer lending and equity crowdfunding have grown rapidly since the crisis and have attracted the attention of governments who wish to facilitate alternative forms of capital allocation. This report investigates the nature of Financial Return crowdfunding, including outlining the main benefits and risks of the industry and the global regulatory environment the industry currently operates in.
Financing the Microfinanciers, How MFIs are sourcing capital -- joint BlueOrc...svmn
Microfinance investment landscape and vehicles. Ann Miles of BlueOrchard Finance, USA and Maya Chorengel of Elevar Equity (Unitus Equity Fund) presented this material jointly in a discussion with Silicon Valley Microfinance Network (SVMN), moderated by Sean Foote -- March 19, 2009.
Banking Regulation and Risk Management - Jad DoumithPMILebanonChapter
Banking Regulations and the numerous requirements imposed on banking institutions have been praised by many as indispensable in protecting the various stakeholders of the banking industry. They have also been criticized for burdening the industry with unnecessary limitations which ultimately tend to lower its overall efficiency, in addition to being reactive and short in preventing the successive devastating financial crises. Through a brief overview of the evolution of Banking regulations, the role of this session is to explore the new challenges of the risk management profession in line with the ever changing regulatory environment and its impact on the banking industry, and by extension, the overall economy.
Smallholder and SME Investment Finance (SIF) FundExternalEvents
https://webapps.ifad.org/members/eb/120/docs/EB-2017-120-R-26.pdf
IFAD plans to introduce the Smallholder and Small and Medium-Sized Enterprise
Investment Finance Fund (SIF) to invest in smallholder organizations and rural
SMEs. This will be set up in an operating environment that
will jointly support agricultural value chains and apply de-risking mechanisms.
Integrating Special Economic Zones into Economic Development StrategiesOECDglobal
17 February – The Seventh Meeting of the Working Group on Investment Zones in Iraq, Paris, France
Session 1: Rationales for Special Economic Zones (SEZs) and Best Practices
Integrating Special Economic Zones into Economic Development Strategies – Thomas FLYNN, Policy Analyst, Global Relations Secretariat, OECD
Iraq’s Special Economic Zones: Brief IntroductionOECDglobal
Iraq’s Special Economic Zones: Brief Introduction, 7th Working Group Meeting on Investment Zones in Iraq, Maximilien Pierotti, International Programme Co-ordinator, UNIDO
Thomas Flynn, Policy Analyst, MENA Division, GRS
Paris, France
17 February 2015
Intro To React Native
with Varun Vachhar
OVERVIEW
React Native introduces a new way to write native mobile apps. You can take everything that you know and love about React and apply it to native apps. Unlike hybrid apps, it gives you access to both native APIs and UI components. The application logic uses JavaScript whereas, the UI is fully native! It also brings the best of the web to native, things like – flexbox layout model, XMLHttpRequest, requestAnimationFrame, etc.
OBJECTIVE
To introduce the audience to React Native. Show how they can leverage their knowledge of web development to build native apps.
TARGET AUDIENCE
Developers familiar with React who are interested in building native mobile apps.
ASSUMED AUDIENCE KNOWLEDGE
Basic knowledge of React, ES6 and CSS.
FIVE THINGS AUDIENCE MEMBERS WILL LEARN
What is React Native
How it is an extension of hybrid
How to use polyfills to leverage the best of the web while getting native performance
How to debug React Native apps
How to use Flexbox and CSS for styling a React Native app
The lack of visible female role models is pervasive in the tech industry, particularly on Wikipedia, where just under 17% of Wikipedia biographies were on women. That's why HubSpot wrote fourteen Wikipedia entries for remarkable women in tech to help inspire young women to reach positions at the highest levels of STEM.
Investment treaties: What they are and why they matterIIED
This is a presentation, introduced by Lorenzo Cotula, team leader of the Legal Tools team at the International Institute for Environment and Development, in a IIED webinar on civil society advocacy on investment treaties in February 2015
This presentation introduces investment treaties – what they are and why they matter.
The webinar focused on how CSOs can scrutinise and advocate on investment treaties, learning from lessons in the Philippines and Malaysia.
The lessons from Malaysia on 'Engaging the Trans-Pacific Partnership agreement' are from Fauwz Abdul Aziz, of the Idris institute for Research (Malay Economic Action Council).
The lessons from the Philippines were shared by Joseph Perugganan, from Focus on the Global South.
More details: http://www.iied.org/legal-tools.
Peer-to-peer lending and equity crowdfunding have grown rapidly since the crisis and have attracted the attention of governments who wish to facilitate alternative forms of capital allocation. This report investigates the nature of Financial Return crowdfunding, including outlining the main benefits and risks of the industry and the global regulatory environment the industry currently operates in.
Financing the Microfinanciers, How MFIs are sourcing capital -- joint BlueOrc...svmn
Microfinance investment landscape and vehicles. Ann Miles of BlueOrchard Finance, USA and Maya Chorengel of Elevar Equity (Unitus Equity Fund) presented this material jointly in a discussion with Silicon Valley Microfinance Network (SVMN), moderated by Sean Foote -- March 19, 2009.
Banking Regulation and Risk Management - Jad DoumithPMILebanonChapter
Banking Regulations and the numerous requirements imposed on banking institutions have been praised by many as indispensable in protecting the various stakeholders of the banking industry. They have also been criticized for burdening the industry with unnecessary limitations which ultimately tend to lower its overall efficiency, in addition to being reactive and short in preventing the successive devastating financial crises. Through a brief overview of the evolution of Banking regulations, the role of this session is to explore the new challenges of the risk management profession in line with the ever changing regulatory environment and its impact on the banking industry, and by extension, the overall economy.
Smallholder and SME Investment Finance (SIF) FundExternalEvents
https://webapps.ifad.org/members/eb/120/docs/EB-2017-120-R-26.pdf
IFAD plans to introduce the Smallholder and Small and Medium-Sized Enterprise
Investment Finance Fund (SIF) to invest in smallholder organizations and rural
SMEs. This will be set up in an operating environment that
will jointly support agricultural value chains and apply de-risking mechanisms.
Integrating Special Economic Zones into Economic Development StrategiesOECDglobal
17 February – The Seventh Meeting of the Working Group on Investment Zones in Iraq, Paris, France
Session 1: Rationales for Special Economic Zones (SEZs) and Best Practices
Integrating Special Economic Zones into Economic Development Strategies – Thomas FLYNN, Policy Analyst, Global Relations Secretariat, OECD
Iraq’s Special Economic Zones: Brief IntroductionOECDglobal
Iraq’s Special Economic Zones: Brief Introduction, 7th Working Group Meeting on Investment Zones in Iraq, Maximilien Pierotti, International Programme Co-ordinator, UNIDO
Thomas Flynn, Policy Analyst, MENA Division, GRS
Paris, France
17 February 2015
Intro To React Native
with Varun Vachhar
OVERVIEW
React Native introduces a new way to write native mobile apps. You can take everything that you know and love about React and apply it to native apps. Unlike hybrid apps, it gives you access to both native APIs and UI components. The application logic uses JavaScript whereas, the UI is fully native! It also brings the best of the web to native, things like – flexbox layout model, XMLHttpRequest, requestAnimationFrame, etc.
OBJECTIVE
To introduce the audience to React Native. Show how they can leverage their knowledge of web development to build native apps.
TARGET AUDIENCE
Developers familiar with React who are interested in building native mobile apps.
ASSUMED AUDIENCE KNOWLEDGE
Basic knowledge of React, ES6 and CSS.
FIVE THINGS AUDIENCE MEMBERS WILL LEARN
What is React Native
How it is an extension of hybrid
How to use polyfills to leverage the best of the web while getting native performance
How to debug React Native apps
How to use Flexbox and CSS for styling a React Native app
The lack of visible female role models is pervasive in the tech industry, particularly on Wikipedia, where just under 17% of Wikipedia biographies were on women. That's why HubSpot wrote fourteen Wikipedia entries for remarkable women in tech to help inspire young women to reach positions at the highest levels of STEM.
La informacion mas completa de Mexico, Oaxaca y la Costa chica. Denuncian daños ecológicos por extranjeros en Juquila, Oaxaca. Recibe Alejando Solalinde amenzas de muerte.
1.2.3 Система напольных шкафов RAM blockIgor Golovin
Напольные шкафы серий DAE и СQE представляют собой универсальное решение для различных применений: создание щитов управления, щитов низковольтного распределения и размещение телекоммуникационного оборудования. Вся гамма шкафов отвечает самым высоким требованиям к условиям установки и эксплуатации, что позволяет использовать ее в различных отраслях.
This 30-min talk was given at the 2017 Boston World IA Day event. The entire event was recorded and can be viewed here: https://livestream.com/accounts/14971749/events/6954435/videos/149750445. This talk starts at 2:11:00.
For effective, modern, cloud-connected software systems we need to organize our teams in certain ways. Taking account of Conway’s Law, we look to match the team structures to the required software architecture, enabling or restricting communication and collaboration for the best outcomes. This talk will cover the basics of organization design, exploring a selection of key team topologies and how and when to use them in order to make the development and operation of your software systems as effective as possible. The talk is based on experience helping companies around the world with the design of their teams.
In summary, this talk will cover the basics of organization design, exploring a selection of key team topologies and how and when to use them in order to make the development and operation of your software systems as effective as possible.
Takeaways:
• The implications of Conway’s Law for software teams
• Cognitive Load for teams
• Effective team topologies
• Team evolution
El presente trabajo tiene por objeto informar de manera breve sobre la Teoría Humoral, conceptos básicos, sus implicaciones en la medicina a través de la historia y en la psicología y grafología
1.2.4 Универсальные шкафы для IT-оборудования RAM telecomIgor Golovin
Напольные шкафы серии ""RAM telecom"" универсальное решение предназначеое для установки сетевого, телекоммуникационного, а также серверного оборудования в различных сферах деятельности. Их конструкция препятствует быстрому проникновению в шкаф при несанкционированном взломе, а также обеспечивает удобный доступ для монтажа оборудования. Все шкафы отвечают самым высоким требованиям к условиям установки и эксплуатации, что позволяет применять их в разных отраслях, от малого бизнеса до решений больших государственных проектов или ЦОД.
Finalizers –The not so Good, the Bad and the UglyGautam Singh
Slides from my talk @ DevoxxUS 2017.
Finalizer (the Object.finalize() method) is a construct in Java which is as old as Java itself, still only few are aware of its huge side effects. In this talk we will discuss why finalizers are not always a good choice, its overhead on Garbage Collector and how it can be avoided. Using simple JMH benchmark I will demonstrate the performance overhead of finalizers.
We will also talk about my firsthand experience with finalizers where just by removing finalizers I was able to fix major performance issue in a webapp for a large retailer.
How Pinterest Scaled To Build The World's Catalog of 100+ Billion IdeasRomit Jadhwani
When a company goes through a hyper-growth phase, things move faster than you can control or even sometimes comprehend. This pushes teams to take shortcuts to facilitate faster data-driven decisions. If not prudently managed, this can result in a high “data debt,” which inhibits future growth opportunities.
During Pinterest’s hypergrowth journey over the past six years, the data team made conscious decisions about technology, infrastructure, and processes to ensure that the data infrastructure scaled with the user growth, teams had the right tools to derive insights from the data, decision-making velocity was not impacted, and data debt was kept under control.
Romit Jadhwani (BI Engineering Manager) deep dives into the different phases of Pinterest’s journey, focusing on questions asked, analytics and data solutions designed, and value added during each phase, offering a high-level blueprint for data teams to consider for their own hypergrowth journeys.
This presentation was delivered at Strata + Hadoop World Conference in San Jose, CA on March 16, 2017.
The Future Trends Marketing In Reference To TechnologyAkshay Jain
A market trend is a perceived tendency of financial markets to move in a particular direction over time.[1] These trends are classified as secular for long time frames, primary for medium time frames, and secondary for short time frames.[2] Traders attempt to identify market trends using technical analysis, a framework which characterizes market trends as predictable price tendencies within the market when price reaches support and resistance levels, varying over time.
A trend can only be determined in hindsight, since at any time prices in the future are not known.
plan :
Introduction générale
Qu’est ce que Entrepreneuriat féminin
Développement de l’Entrepreneuriat féminin au Maroc
Les motivations à entreprendre
Les obstacles rencontrés
Entrepreneuriat féminin au Maroc en chiffre
modèles de femmes Entrepreneures au Maroc
Conclusion
Sovereign Development Funds - IFSWF - Kalytix Partners - 2014Peter Bruce-Clark
We had the pleasure of attending the annual International Forum of Sovereign Wealth Funds (IFSWF) last month, and providing our research and findings on the rise of sovereign development funds.
The developmental state the nature of statal policy and institutional refor...Costy Costantinos
How can a developmental state emerge?
What are its characteristics and functions?
Is the model recommended for all African countries?
Did the concept evolve into solid development theory so far?
Who determines public interests? How are they articulated and aggregated?
How do we ensure it can effectively guide economic transformation and development?
How can we ensure that it is accountable and that it acts in the interest of its citizens?
Using Crowd-Centric Alternative Assets to Enhance Portfolio YieldDara Albright
The FinTech revolution continues to inspire a great deal of retail financial product ingenuity - just as the regulatory winds are increasingly shifting in favor of the retail investor. The confluence of these two events is helping reshape the financial services industry. This presentations explores this transformation in financial services and shows how financial advisors can capitalize on this micro alternative investing trend while maintaining fiduciary responsibility to his retail clientele.
The BRICS proposals establish two separate institutions, the Contingency Reserve Arrangement (CRA) and the New Development Bank (NDB)
The CRA is a virtual institution whereas the NDB will be an institution that will be established
The NDB will have its headquarters in Shanghai and a regional office in Johannesburg
What is the context of these proposals?
Major gap in development finance to fund long-term infrastructure and sustainable development
The departure by US from expansionary fiscal policy led to large outflows from emerging economies and significant decline in exchange rates
This experience indicated potential vulnerability of emerging economies to shocks emanating from developed countries
21st Century Strategies for Financial InclusionJon Gosier
The wealth of black american households was decimated in 2008. This white paper outlines a strategy on how to structure new instruments for investment for black americans and other minority communities.
Financial Sector Responsibility for Human Rights Conduct of Borrowers: What W...Larry Catá Backer
Extractive industries have been at center of CSR and environmental responsibilities debates at the national and international level
The sector faces unique social and environmental challenges when operating in developing countries. Faced with these challenges, a number of Canadian companies are engaging in corporate social responsibility (CSR) initiatives, generally defined as the voluntary activities undertaken by a company to operate in an economically, socially and environmentally sustainable manner. Building the Canadian Advantage: A Corporate Social Responsibility (CSR) Strategy for the Canadian International Extractive Sector
To what extent are financial institutions responsible for the human rights breaches of their borrowers?
“While the obligation for the protection of human rights lies with the state, IFIs and their member states also have responsibilities to ensure that activities they support do not cause, or contribute to, human rights abuses by putting in place adequate safeguards.” Statement of Global Initiative for Economic, Social and Cultural Rights to UN Human Rights Council. How might these obligations constrain borrowers?
There was a man who made a living selling balloons at a fair. He had all colors of
balloons, including red, yellow, blue, and green. Whenever business was slow, he would
release a helium-filled balloon into the air and when the children saw it go up, they all
wanted to buy one. They would come up to him, buy a balloon, and his sales would go up
again. He continued this process all day. One day, he felt someone tugging at his jacket.
He turned around and saw a little boy who asked, "If you release a black balloon, would
that also fly?" Moved by the boy's concern, the man replied with empathy, "Son, it is not
the color of the balloon, it is what is inside that makes it go up."
The same thing applies to our lives. It is what is inside that counts. The thing inside of us
that makes us go up is our attitude.
Have you ever wondered why some individuals, organizations, or countries are more
successful than others?
It is not a secret. These people simply think and act more effectively. They have learned
how to do so by investing in the most valuable asset--people. I believe that the success
of an individual, organization or country, depends on the quality of their people.
I have spoken to executives in major corporations all over the world and asked one
question: "If you had a magic wand and there was one thing you would want changed,
that would give you a cutting edge in the marketplace resulting in increased productivity
and profits, what would that be?" The answer was unanimous. They all said that if people
had better attitudes, they'd be better team players, and it'd cut down waste, improve
loyalty and, in general, make their company a great place to work.
William James of Harvard University said, "The greatest discovery of my generation is
that human beings can alter their lives by altering their attitudes of mind."
Experience has shown that human resources is the most valuable asset of any business.
It is more valuable than capital or equipment. Unfortunately, it is also the most wasted.
People can be your biggest asset or your biggest liability.
TQP--TOTAL QUALITY PEOPLE
Having been exposed to a number of training programs, such as customer service,
selling skills, and strategic planning, I have come to the conclusion that all these are
great programs with one major challenge: None of them works unless they have the right
foundation, and the right foundation is TQP. What is TQP? TQP is Total Quality People--
people with character, integrity, good values, and a positive attitude.
Don't get me wrong. You do need all the other programs, but they will only work when
you have the right foundation, and the foundation is TQP. For example, some customer
service programs teach participants to say "please," and "thank-you," give smiles and
handshakes. But how long can a person keep on a fake smile if he does not have the
desire to serve? Besides, people can see through him. And if the smile is not sincere, it is
irritating. My point is, there has to be sub.
Similar to Sovereign Wealth Funds, Capacity Building, Development, and Governance (20)
The Algorithms of Ideology in Economic Planning: A Critical Look at Cuba’s N...Larry Catá Backer
Short Abstract: The development plans of Marxist Leninist states are usually given short shrift as expressions of ideology (at best) and propaganda (at its most pathetic). Yet there is value in considering critically these development plans, if only to get a sense of the mindset of high level functionaries with control over macro-economic policy, and to get a sense of the administrative cultures within which governmental middle managers will actually exercise discretionary authority. Especially useful in that context is the Cuban Communist Party 7th Congress’s Conceptualización del modelo económico y social Cubano de desarrollo socialista: Plan nacional de desarrollo económico y social hasta 2030: Propuesta de vision de la nación, ejes y sectores estratégicos in which the PCC posited that development can be better managed by rejecting the central role of markets, and substituting state planning in its place, taking an all around view of economic planning as inextricably bound up in social, political and cultural progress of a nation. The resulting structural proposal elaborated in the Cuban National Economic and Social Development Plan 2030 (PNDES) suggests behavior and choice algorithms with interesting implications even if only partially realized. It is particularly important as a vision for transition developed in the wake of anticipated changes in higher leadership and the effects of normalization with the United States. This essay critically considers PNDES in the current context national and regional context. It starts with a brief analysis of PNDES for what it can reveal about entrenched ideological perspectives that shape decision making and analysis within Cuban Party and administrative elites. It then considers the way these appear to manifest themselves as a set of self-referencing decision systems that substitute or supplant market or regulatory determinations. Those premises are tested against Cuban approaches to the pharma sector, among the most important targets of centrally planned development. The essay ends with an assessment of the consequences of Cuban current approaches for national and regional affairs.
“One Belt One Road and RMB Internationalization—A Strategic Alliance” Larry Catá Backer
Focus: Consideration of the peripheral structures of Chinese trade and investment policy and its potential effects on RMB internationalization. Thesis: RMB internationalization is one small part of a larger more ambitious project: (1) External: An integral part of Chinese trade and development policies; an interlocking set of objectives to solidify the all around central position of China; (2) Internal: Core of socialist modernization and development of productive forces within China; situating China at center of global commerce essential for next stage of economic and political development.
Structures of discussion: (1) Situating RMB internationalization within broader issues of Chinese policy; (2) The OBOR initiative and related development efforts. Last section considers putting the pieces together; and (3) Tie it back to issues of reality (trade and investment use) and perception (consensus of others states)
Why are OBOR and RMB internationalization linked? (1) Stability; (2) Development; and (3) Control
Unpacking Accountability: The Multinational Enterprise, the State, and the In...Larry Catá Backer
Businesses, states and civil society are thought to be accountable. But to whome, and how? Effective imposition of accounting regimes requires a more nuanced understanding of the structures of the character and ecologies of accounting. Thesis:
In a working system of accountability Corporate Violations of Human Rights, Labor and Environmental Standards all stakeholders in the system must (1) bring each other to account, (2) be brought to account and (3) bring oneself to account.
The Privatization of Governance: Emerging Trends and ActorsLarry Catá Backer
Globalization's challenges, tensions and contradictions, indeed all of the variables that contribute toward the trajectory of globalization and its relationship to its principal actors, merely reinforce the primacy of globalization itself as a singular orthodoxy. And it is an orthodoxy that is itself embedded in the more fundamental governance orthodoxy of the mid-1945s from out of which the framework of its conception and operation was itself embedded. That orthodoxy itself posited a hierarchy in which politics served as the legitimating instrument of power, and that the state served as the apex organization of politics. That organization, itself, was expressed as the institutionalization of mass power framed within a set of fundamental substantive norms the limiting principles of which would be set by the community of states dominated by its leading members. Thus, the appearance of challenge and opposition that has been more sharply drawn since the start of this century might be understood as occurring within a carefully protected orthodoxy the object of which is to protect the primacy of politics (and law) with the state as its apex.
And yet, one of the great ironies of globalization is the way in which its effort to cement a framework orthodoxy after 1945 has served to overturn orthodoxy itself, and in its place, has ushered in an age of heterodoxy that is both ordered but anarchic. This presentation introduces some of the basic trends and actors that have emerged from out of the orthodox conceptual framework of globalization, and the extent to which these are contributing to its transformation as a vector of governance.
The Responsibilities of Banks, Sovereign Wealth Funds and Other Financial Ins...Larry Catá Backer
Extractive industries have been at center of CSR and environmental responsibilities debates at the national and international level. It has been noted that "The sector faces unique social and environmental challenges when operating in developing countries. Faced with these challenges, a number of Canadian companies are engaging in corporate social responsibility (CSR) initiatives, generally defined as the voluntary activities undertaken by a company to operate in an economically, socially and environmentally sustainable manner" (Building the Canadian Advantage: A Corporate Social Responsibility (CSR) Strategy for the Canadian International Extractive Sector). These generally involve direct compliance. Domestic law focuses on the law and regulatory frameworks of home and host states. Soft law focuses on national (to a small extent) and more generally in international framing mechanisms and indigenous law (national an international). In addition, private law also applies--to the extent that extractive enterprises build their own internal governance systems applicable through their production chains worldwide.
But increasing there is a need to think about indirect compliance: especially the responsibilities of financial institutions, suppliers, and upstream customers to gauge their conduct by the legal/normative compliance of the extractives enterprise itself.
This presentation focuses on financial institutions and their responsibilities with respect to the human rights responsibilities of their borrowers.
Diversity in Legal Education: Considering the Hollow Spaces Between Speech an...Larry Catá Backer
Prepared for Event: All in at Penn State Law: Addressing Diversity & Implicit Bias; Sponsored by the Diversity Committee Penn State Law. March 16, 2017.
Institutions of post secondary education, has been struggling with the very hard work of moving from the embrace of flowery statements of solidarity respecting diversity to actually making it a lived reality in the environment in which students, staff, faculty and particularly administrators operate. (Statement From the Penn State University Faculty Senate Chair ). Much of the discussion has focused on obligation centers--students, faculty and others at the lowest end of the institutional pyramid. But fairly little attention has been paid to responsibility centers--middle Managers (deans and their staff), central university administrators. Is it time to refocus the analysis of diversity and diversity related programs from conformity at the bottom to shaping responsibility at the top? How does an institution create robust measures to assess and discipline those whose responsibility is to shape the organizational cultures of their units?
Presentation Delivered January 26, 2017Johns Hopkins University School of Education. his presentation will help to build a broader understanding of governance issues and models within academe and provide an overview of challenges to shared governance derived principally from a university model of faculty senate. Professor Backer has served as a member of Penn State’s University Faculty Senate in the capacities of Senate Chair, Parliamentarian, Representative for the Law School, and Chair, Co-Chair and Member of various senate committees. He maintains a website devoted to faculty voice entitled Monitoring University Governance with the mission of “promoting transparency and engagement in shared governance in universities and colleges.”
The Corporate Social Responsibilities of Financial Institutions for the Condu...Larry Catá Backer
Abstract: Corporate social responsibility (CSR) can be split along two distinct lines. The first touches on the nature of corporate personality and is rooted in domestic law regulating enterprises specifically and legal persons generally. The second touches on the nature of the rights of individuals and is rooted in international law (and sometimes domestic constitutional law) defining the scope of the human rights of individuals and the consequential obligations of states and legal persons. Both conversations intertwine though they tend to operate autonomously. In both cases, however, the traditional focus of corporate responsibility has focused on the relationship between an operating company and its direct effects on individuals, society and the environment. That discussion remains contentious, conflicted and unresolved. But it ignores a critical actor—the financial institutions which provide operating capital to enterprises. This paper considers the corporate social responsibilities of financial institutions, including sovereign wealth funds, for the conduct of their borrowers. The focus will be the extent of any duty or responsibility of lenders to ensure that their borrowers comply with CSR obligations (or alternatively conforms to international human rights standards) as a core aspect of their own CSR obligations (or alternatively) of their responsibility to respect human rights. Section II examines the general regulatory framework. There are two aspects that are relevant. The first is to understand the scope and character of the legal norms that may be applied to enterprises generally with respect to their operation’s that might be understood as CSR-human rights related in nature. The second is to consider the range of non-legal normative governance rules that might apply. In the process it will be important to distinguish between a CSR based regulatory approach and a human rights based approach. Section III considers the application of these norms to financial institutions. This requites distinguishing between those obligations that apply to the internal operations of financial institutions generally, and those obligations that apply to the financial institution’s obligations with respect to its lending activities, that is with respect to its relationship with its borrowers. The essay ends with a brief examination of recent cases in which financial institutions undertook such a responsibility, and the ways in which that obligation was undertaken. Three different types of institutions are considered—private banks, sovereign wealth funds and international financial institutions (IFIs). The paper ends with a preliminary consideration of the consequences of this movement for domestic CSR in the U.S.
Between the Judge and the Law—Judicial Independence and Authority With Chines...Larry Catá Backer
Abstract: What is the scope and nature of judicial reform? To what extent does borrowing from Western models also suggest an embrace of the underlying ideologies that frame those models? It is a common place in the West, whether in Common Law or Civil Law states, that the integrity of the judiciary depends on their authority to interpret law and to apply that interpretation to individual cases and the litigants that appear before the courts. That presumption, however, embeds premises about the organization of political and administrative authority that may be incompatible with those of states developing Socialist Rule of Law structures within Party-State systems. In Common law states those deep presumptions touch on the disciplinary role of judicial opinions as a constraint on judicial interpretation. In civil law states that discipline arises from the constraining principles of the legal codes themselves. In both the legislatures serve as the ultimate check in a complex dialogue with courts in three respects. First, judges serve a political role in their relation to law. Second, cases themselves serve an important political role as well. Third, courts begin to serve as the place where societal narratives are forged and popular expression is constructed and applied. In Socialist rule of law systems, the disciplinary systems are quite different and ought to produce a different relationship between courts, law, and the cases they are bound to apply fairly and consistently under law. This paper considers the way that the logic and grounding principles of Chinese Marxist Leninism may provide guidance in the construction of a judicial enterprise that is both true to its organizational logic and which enhances the authority of judges to serve litigants fairly. It suggests the points of compatibility and incompatibility in the ideologies of these distinct systems of judging and what it may mean for judicial reform in China. That consideration, in turn is based on a fundamental difference, in Socialist Rule of Law systems, between the authority to interpret law and the authority to apply law to an individual case. For Chinese judicial reform it is in the perfectibility of the judge that lies the perfectibility of law that in turn ensures the perfectibility of the judge. Part II considers in very broad strokes the relationship between the judge and law in the West. Part III then considers Chinese reforms touching on the relationship between the judge and the law, and the evolution of normative structures within which one can speak to judicial independence. Part IV then considers the project from the perspective of the grounding ideology of the Chinese state. From that fundamental distinction, the paper will propose a Socialist approach to the judicial function compatible with its own logic and legitimacy enhancing under global consensus principles for a well-organized and functioning judiciary.
中国,法律与外国人:国际舞台上的相互交融 ("China, Law, and the Foreigner: Mutual Engagements on a...Larry Catá Backer
外国人在中西法律交流中的角色类似于新中国前的情形。
这表明了中西法律交流的典型形态
这表明了中国人自身在“走出去”的战略中可以从中西法律交流中摄取经验。
内部思考:是否可以从党的“建设社会主义现代化”中发展出一套思维—以实事求是的态度来发展现代化。
外部:中国人是否可以避免西方曾经的错误,从而变成他国之上的“老外”?"China, Law, and the Foreigner: Mutual Engagements on a Global Stage," considered the structures of patterns of engagements between China and foreigners from the template well established by the end of the Qing dynasty. Drawing form those patterns, the paper developed a number of archetypes that I suggested could provide a useful framework for analysis. Those archetypes also suggested lessons for China as its now assumed the position of inferential foreigner in other states.
Central Planning Versus Markets Marxism: The Cuban Communist Party Confronts ...Larry Catá Backer
The 7th Congress of the Cuban Communist Party stands in stark contrast to its predecessor. The 6th PCC Congress appeared to usher in an era of at least limited opening up and the institutionalization of a private sector of sorts. Yet the 7th PCC Congress in many respects appeared to disappoint. Procedurally it appeared to mark a step back from the openness of the 6th Congress. And it offered little by way of political opening up, even an opening up ushering in more robust intra-Party democracy. Most importantly, the 7th PCC Congress appeared to fall far short of confronting the economic model reaffirmed in the 4th PCC Congress—a model of central planning and Soviet bureaucratic mechanisms substituting for any sort of markets based regulation of economic activity. This paper considers the potential and the missed opportunities of the 7th PCC Congress. A close reading of the 7th PCC Congress will suggest the limits of reform in Cuba. Ideological limits are suggested by a political timidity that has been built into the operating culture of the PCC. As a consequence the PCC is finding it hard to move even from soviet style central planning ideologies to Marxist market ideologies that have proven more successful in other states. The PCC is suffering from a paralysis that may be more dangerous to its long term authority than any machinations originating in its enemies. The paper ends with a consideration of options and likely movement over the short term moving forward.
China, Law and the Foreigner: Mutual Engagements on a Global StageLarry Catá Backer
Prepared for the Conference: “Foreigners and Modern Chinese Law”, Tsinghua University School of Law, Beijing, China, July 9-10, 2016; Organized by Profgessors Xu Zhangrun and Chen Xinyu
Transnational Law and the Multinational Enterprise: From Legal Concept/Method...Larry Catá Backer
At first blush, transnational law’s engagement with TNCs reflects the situational and ad hoc approach of the transnational law project. Transnational law tends to focus on the TNC as an actor apart, like the state, within transnational law situational processes.
Like the state, TNCs are governance singularities into which law can be poured, extracting coherent action. It moves the TNC from the construction of a category to consequential instrumentalism
But is this relationship between TNCs and transnational law construct TNCs too restrictively?
Does it fail to describe the reality of TNCs (the problem of definition)?
Should we consider TNCs as a transnational legal order in its own right (the systems issue)?
Should we consider TNCs instead as the constitution of production chains (the conflation issue)?
Presented at “Jessup’s Bold Proposal: Engagements with 'Transnational Law’ after Sixty Years” Transnational Law Institute, The Dickson Poon School of Law, King’s College, London, Friday-Saturday 1-2 July 2016
Normalization With Cuban Characteristics: How Might Cuba Navigate Normalizati...Larry Catá Backer
Cuba has constructed a tightly woven framework of macro-economic policy and political structures around a unique application of European Marxist-Leninism. That framework has proven durable even in the face of substantial economic crisis and a political situation increasingly subject to internal pressures. Closer working ties with the United States will only exacerbate the tensions and contradictions of the current system. If Cuba means to keep a Marxist-Leninist political structure, something will have to evolve.
Trail By Fire: Rana Plaza and Transnational Legal Orders Larry Catá Backer
Considering the construction of transnational legal orders through the lens of a deep study of the aftermath of the Rana Plaza Factory building collapse in 2013.
Analysis of the General Program of the Chinese COmmunist Party COnstitution as a basis for theorizing the fundamental principles of Chinese political and legal theory
Global Corporate Social Responsibility (GCSR) Standards With Cuban Characteri...Larry Catá Backer
This paper suggests the issues that may face Cuba and enterprises, including U.S. based enterprises, in the wake of normalization. After the introduction, Part II considers briefly the local legal and political context in which enterprises may operate in Cuba, with particular focus on Ley No. 118/2014 (De la Inversión Extranjera), and its contextualization within the legal structures of Cuban macro-economic policy. Part III then outlines two important standards systems for global CSR with effect in Cuba, the OECD’s Guidelines for Multinational Enterprises and the U.N. Guiding Principles for Business and Human Rights. Part IV then considers the ways in which MNEs may have to approach their investment activities in light of these standards, the pressures for change they might produce, and the adverse effects their adverse effects on MNE decisions to invest or operate in Cuba.
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
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[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
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𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
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"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
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Remote sensing and monitoring are changing the mining industry for the better. These are providing innovative solutions to long-standing challenges. Those related to exploration, extraction, and overall environmental management by mining technology companies Odisha. These technologies make use of satellite imaging, aerial photography and sensors to collect data that might be inaccessible or from hazardous locations. With the use of this technology, mining operations are becoming increasingly efficient. Let us gain more insight into the key aspects associated with remote sensing and monitoring when it comes to mining.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
India Orthopedic Devices Market: Unlocking Growth Secrets, Trends and Develop...Kumar Satyam
According to TechSci Research report, “India Orthopedic Devices Market -Industry Size, Share, Trends, Competition Forecast & Opportunities, 2030”, the India Orthopedic Devices Market stood at USD 1,280.54 Million in 2024 and is anticipated to grow with a CAGR of 7.84% in the forecast period, 2026-2030F. The India Orthopedic Devices Market is being driven by several factors. The most prominent ones include an increase in the elderly population, who are more prone to orthopedic conditions such as osteoporosis and arthritis. Moreover, the rise in sports injuries and road accidents are also contributing to the demand for orthopedic devices. Advances in technology and the introduction of innovative implants and prosthetics have further propelled the market growth. Additionally, government initiatives aimed at improving healthcare infrastructure and the increasing prevalence of lifestyle diseases have led to an upward trend in orthopedic surgeries, thereby fueling the market demand for these devices.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
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3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
3.0 Project 2_ Developing My Brand Identity Kit.pptx
Sovereign Wealth Funds, Capacity Building, Development, and Governance
1. Sovereign Wealth Funds, Capacity
Building, Development, and
Governance
Larry Catá Backer (白 轲)
W. Richard and Mary Eshelman Faculty Scholar Professor of Law
and International Affairs
Pennsylvania State University
The Future of Sovereign Wealth Funds
Wake Forest Law Review 2017 Spring Symposium
March 24, 2017
2. Enter the Beast
• Benign neglect
• SWFs around in some form or another since the 1950s—at least
• Repackaging of ancient need for sovereigns (who used to be individuals or
families as well) to protect their (and thereafter the state’s) assets
• Panic
• Fear and lust in the wake of the economic turmoil of 2008
• From protection of wealth to projection of power abroad
• Accommodation: The Rise of the Model SWF
• Santiago Principles
• Defining the mechanism
• Socializing it within framework of global finance and financial markets
• Disciplinary mechanisms through rich host state checkpoint rules
3. The Beast Repurposed?
• Santiago Principles never contemplated one size fits all framework
• Lots of ”play in the joints”
• Focus on the needs of host state to protect their polities and economies
• Focus on the need of SWFs to make money around their own macro economic
agendas
• But even its broad constraints failed its purpose almost immediately
after its adoption.
• Enter resource rich developing states and IFIs
• SWFs expand the range of their utility
• But what does that mean for the project of naturalizing an idealized
SWF within global finance?
4. From Here to Eternity
• Ideological Baseline
• Emerging Realities on the
ground
• Reshaping the baseline?
• Going Forward?
5. Ideological Baseline
The ideal SWF:
--operates like a private fund
--objectives irrelevant (Because they go to
use of funds)
--transparency
--economic objectives paramount
--autonomy from state (subordinate political
agendas)
--open foreign markets subject to the usual
reservations for national security and
development
--human rights obligations reserved to states
or to the operating companies that made up
investment universe
6. Beast in its New Habitat: Private Power for
Public Aims
• National law and policy versus
international law and norms
• Macro-economic policy versus
advancing international legalization
projects through private market
mechanisms.
• Chinese versus Norway approaches
Pix Credit HERE
7. New Habitats 2: SWFs as development funds
• How do they tie in with
development funds?
• Do they lose their character as
commercial activity?
• Does it make a difference if fund
managers are not state official? Or
located within the home state?
• What counts as development
anyway? Must it ne internal or may
it be external for internal effects?
• Does it make a difference if foreign
investments are used to fund
domestic projects?
8. New Habitats 3: SWF joint venturing in projects
with other SWFs.
• Assume the character of development banks?
• Russia-Korea
• Private-Public joint ventures
• Credit Suisse, Qatar in Asset-Management Joint Venture
• Financing projects only or control
• Use of funds versus generation of funds issue
• Indirect financing trough controlled entities.
• Balance social projects with objectives of making money
• A good way of hiding subsidies?
• The underlying issue of regionalism in SWF function and action.
9. New Habitats 4:
SWFs as owners or controlling shareholders of SOEs, Real
Estate and other Enterprises
• Assume the character of a holding company?
• Turkish fund?
• Become the operational nexus point for
outbound national macro-economic agendas?
• China’s CIC?
• RE operations may trigger collateral obligations
or may be used strategically to avoid them
• What is an SWF that owns SOEs?
• Can an SOE “own” a SWF?
• What of the SOE that hedges its excess
revenues?
10. New Habitats 5: Mechanism for Governance
• SWFs and fiscal discipline: Resource rich/governance poor
• Chile the model
• Ghana; Mongolia, Angola
• SWFs and governance capacity building
• SWFs as monitors
• SWFs and anti-corruption efforts
• The role of IFIs and lending
• SWFs highest and best use is as as a technique and mechanism
• Method for monitoring performance
11. New Habitats: Reverse SWFs and Other
Outliers
• “Reverse SWFs”
• Palestine Fund: vehicle for receipt of foreign
contributions
• Income used to fund internal and external economic
and social projects
• Generalized: special purpose funds for foreign
aid providing greater control
• In name only SWFs
• Venezuela Funds: useful holding pens for funds
derived from extractives or other national
sources; income used to fund social programs
or stabilization funds; don’t lose their sovereign
character
12. Reshaping the Baseline: Key Questions?
• What is an SWF?
• Are Financial Objectives necessarily its highest and
best purpose?
• Investing or fiscal discipline?
• Internal or external
• What is development?
• Ownership or investment?
• Complex organizational structures change the
nature of the instrument and the mix of legal duties
and responsibilities of both SWF and state
• Where does sovereign immunity fit into all of this?
• Transparency
• Human rights: states, SWFs internal operations;
SWF investment decisions
13. Emerging Strategies
• A. Regionalization Strategies.
• 1. Real Estate and Operational Obligations.
• 2. SWF Joint Ventures and Markets for Sovereign Debt.
• 3. Joint Ventures suggest the Possibilities of Regionalization.
• B. Financial Objectives Strategies.
• 1. Definitions beyond narrow aping of private funds but with legal
consequences for immunity, etc.
• 2. Development Strategies and Financial Objectives.
• C. Governance Strategies.
• 1. The Issue of Corporate Social Responsibility and Human Rights.
• 2. Governmental functions and global economic activity.
14. Beastly Transformations: Approaches
The African Example
• The regionalization strategies are perhaps the most important element in
enhancing the effectiveness, power and viability of African SWFs as macro-
financial and governance instruments:
• 1. Create a regional working group, a regional forum, of African SWFs.
• 2. Insist that IFIs, and especially the World Bank and International Monetary Fund,
develop facilities to provide technical assistance to African SWFs on a regional basis.
• 3. Focus on regional intra-SWF investment and development projects.
• 4. Strengthen and increase participation in non-regional multi-SWF projects.
• If regionalization is essential to the enhancement of the success of African
SWFs, macro-financial strategies build on regionalism, and expand them.
• 5. Refocus SWF objectives to enhance the value of specialization and to target
coherence with the portfolios of finance and development ministries.
• 6. Reconsider the approach to stabilization and development models for SWFs,
especially were governance controls are weaker than they could be or in resource rich
states.
• The governance strategies as well are a necessary element to creating
institutionally strong African SWFs well capable of attaining the regional and
macro-financial strategies suggested.
• 7. Effect greater transparency.
• 8. Detach SWF operations from governmental discretionary decision-making.
• 9. Insist on changes to the way in which states with SWFs engage with IFIs to enhance
rather than to continue obstacles to better state performance.
15. Conclusion
• SWFs have already started moving well beyond their
idealized form, established within the parameters of the
Santiago Principles.
• SWFs now advance the political and economic projects of
states, they serve to strengthen governance, they are the
focal point for the normalization of global human rights in
economic activities projects, and they also serve to
advance the development goals of states.
• The old issues of the commercial character of these
mechanisms, and of their effects of the financial markets
and ownership structures of rich home states remains
important, but may no longer be the central element
pushing the development of SWFs. Law and regulatory
structures lag far behind the realities that are taking shape
on the ground.
• The public-private divide, the constraining structures of
national principles of taxation and sovereign immunity are
now ripe for contestation and change.
• But on what basis? That remains very much to be seen.
This paper has sought to provide a glimpse both at the
changes in practice and the possibilities they raise for
future conduct of SWFs.
• As to the future; we will know soon enough.