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Insights into Land Acqusition Experiences of Private Businesses in India 印度私营企业征地经验分析
Pub Date : 2008-11-04 DOI: 10.2139/ssrn.1295407
R. Tata, Nutan Shashi Tigga, Ram Kumar Kakani
Socio-political uprising against land acquisition for industrial projects, in the recent times, has emerged as a major constraining factor leading to time lags, cost over runs, business uncertainties and even shelving of projects. Varied signals from recent (diverse) private experiences right from Tata's Singur project in West Bengal, Posco's Paradeep project in Orissa to Jindal's Raigarh project in Chattisgarh showcase a variety of tactics to gain access to land for private Greenfield projects. This paper analyses the recent land acquisition styles being adopted by few private businesses. It analyzes the successful land acquisition models vs. the not so successful ones and the lessons therein for infrastructure project proponents. We observe that the chances of failure in land acquisition for the private business would be more if the land acquisition style is thickly sandwiched, by multiple layers of political contestation and authority, between the communities giving up their livelihood rights and the private business interested in the deal. This failure can be attributed to non-co-operative stance adopted by the different parties involved, information asymmetry between the locals and the private business, involvement of more number of intermediaries in communication, involvement of self interested parties (political and other rent seeking agents), and wrong signals and misinterpretation of signals between each other (primarily the locals and the private business). On the other hand, we also observe that the key ingredients of successful land acquisitions includes: less reliance on agricultural land; providing attractive compensation to local communities (with a scope for sharing potential upside); direct engagement with stakeholders; avoiding formal political alignments; and keep low profile with planned communication channels resulting in minimal information asymmetry between the key parties. Based on the study, we advocate that successful land acquisition for Greenfield projects go beyond gaining mandatory legal and environmental licenses to gaining social consent to operate from a wider stakeholder base.
最近,反对工业项目征地的社会政治起义已成为导致时间滞后、成本超支、业务不确定甚至项目搁置的主要制约因素。从塔塔在西孟加拉邦的Singur项目,到浦项制铁在奥里萨邦的Paradeep项目,再到金达尔在恰蒂斯加尔邦的Raigarh项目,最近(不同的)私人经历发出了不同的信号,展示了各种各样的策略,以获得私人绿地项目的土地。本文分析了近年来少数民营企业采取的土地征收方式。分析了成功的征地模式与不太成功的征地模式,并从中为基础设施项目支持者提供了经验教训。我们观察到,如果土地征用方式被多层政治争论和权威厚厚的夹在放弃生计权的社区和对交易感兴趣的私营企业之间,那么私营企业征地失败的可能性就会更大。这种失败可以归因于不同参与方采取的不合作立场,当地人和私营企业之间的信息不对称,更多的中介机构参与沟通,自利方(政治和其他寻租代理人)的参与,以及彼此之间(主要是当地人和私营企业)的错误信号和误解信号。另一方面,我们还观察到成功征地的关键因素包括:对农业用地的依赖较少;为当地社区提供有吸引力的补偿(并提供分享潜在收益的空间);与利益相关者直接接触;避免正式的政治结盟;在计划好的沟通渠道上保持低调,使关键各方之间的信息不对称降到最低。根据这项研究,我们主张,绿地项目的成功征地不仅要获得强制性的法律和环境许可,还要获得更广泛的利益相关者基础的社会同意。
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引用次数: 3
Arbitrage Risk and the Timeliness of Stock Price Adjustments to Accounting Fundamentals 套利风险和股票价格调整对会计基本面的及时性
Pub Date : 2008-11-01 DOI: 10.2139/ssrn.1292533
Asher Curtis
I examine the effect of arbitrage risk on the alignment between stock prices and accounting fundamentals, where arbitrage risk is measured as the lack of close substitutes that can be used as a hedge. I find evidence consistent with the disparity between value and price being positively associated with arbitrage risk. Consistent with short-positions being more sensitive to arbitrage risk, my results are more pronounced for strategies that require short positions. I then show that the timeliness of the alignment between stock prices and accounting fundamentals is negatively related to arbitrage risk. My results provide empirical support for the hypothesis that price requires time to reflect accounting information and has implications for research that assumes that prices are measured without error.
我研究了套利风险对股票价格和会计基本面之间一致性的影响,套利风险是通过缺乏可以用作对冲的接近替代品来衡量的。我发现有证据表明,价值与价格之间的差异与套利风险呈正相关。与空头头寸对套利风险更敏感一致,我的结果对于需要空头头寸的策略更为明显。然后,我表明,股票价格和会计基本面之间的一致性的及时性与套利风险负相关。我的研究结果为价格需要时间来反映会计信息的假设提供了实证支持,并对假设价格是无误差测量的研究具有启示意义。
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引用次数: 0
Extending International Criminal Law Beyond the Individual to Corporations and Armed Opposition Groups 将国际刑法从个人扩展到公司和武装反对派团体
Pub Date : 2008-11-01 DOI: 10.1093/JICJ/MQN076
A. Clapham
This article argues that corporations and armed opposition groups have obligations under international law. It is suggested that the scope of the obligations turns on the capacity of the entities in question. While there may be no international court to hear complaints against such entities, understanding their legal obligations under international law is important in situations where national courts have jurisdiction over violations of international law committed by non-state actors. Furthermore, it is vital to realizing the potential of claims of corporate complicity in international crimes and the impact such claims may have in the field of ethical investment.
本文认为,公司和武装反对派团体根据国际法负有义务。有人建议,义务的范围取决于有关实体的能力。虽然可能没有国际法院审理对这些实体的控诉,但在国家法院对非国家行为者所犯的违反国际法行为具有管辖权的情况下,了解它们在国际法下的法律义务是重要的。此外,至关重要的是要认识到企业参与国际犯罪的指控的潜力以及这种指控在道德投资领域可能产生的影响。
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引用次数: 47
Self-Enforcing Stochastic Monitoring and the Separation of Debt and Equity Claims 自我强制随机监测与股权债权分离
Pub Date : 2008-11-01 DOI: 10.2139/ssrn.1159865
Harold L. Cole
This paper studies the incentive issues associated with self-enforcing stochastic monitoring in a model of investment and production. The efficient contract features a debt-like payment with a threshold in terms of the reported output in which all of the reported output is taken up to the threshold if monitoring doesn't occur and all of the output is taken if monitoring does occur. An output report above the threshold leads to zero probability of monitoring and just the threshold amount being paid out. The efficiency gap between the self-enforcing contract and the commitment constraint is minimized when the monitors hold no part of the residual claim on the firm, which we associate with equity. Misreporting by the manager is an important component of the efficient contract.
本文研究了投资与生产模型中与自我强制随机监控相关的激励问题。有效合约的特征是类似债务的支付,根据报告的产出设定阈值,如果没有监控,所有报告的产出都将达到阈值;如果有监控,所有产出都将被监控。高于阈值的输出报告导致监视的概率为零,并且只支付阈值金额。当监督者不持有企业的剩余索索权时,自我执行契约与承诺约束之间的效率差距最小,我们将剩余索索权与股权联系起来。管理者的误报是有效契约的重要组成部分。
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引用次数: 2
Thin-Capitalization Rules and Company Responses - Experience from German Legislation 资本化规则与公司应对——德国立法的经验
Pub Date : 2008-11-01 DOI: 10.2139/ssrn.1299533
Alfons J. Weichenrieder, Helen Windischbauer
By granting intracompany loans to their foreign affiliates, multinational firms may reduce their tax liability abroad. Many countries have legislated thin-capitalization rules (TCRs) that limit the allowable levels of intracompany loans or restrict interest deductibility if certain thresholds are crossed. This paper empirically analyzes the effect of the German TCR on corporate policy. We find that tightening the regulations in 2001 had some limiting effect on leverage. Foreign affiliates reacted by reducing intracompany loans and increasing equity, with no significant evidence of reduced real investment. A possible reason for the limited impact of the TCR was that multinational firms had the option to work around the regulation by using holding company structures. Indeed, holding companies have been used to shift huge amounts of intracompany loans onto the books of German affiliates. At the same time, however, only part of these observed reorganizations seem to have been a reaction to TCR.
通过向其外国子公司提供公司内部贷款,跨国公司可以减少其在国外的纳税义务。许多国家已经立法制定了资本稀薄规则(tcr),限制公司内部贷款的允许水平,或者在超过某些阈值时限制利息扣除。本文实证分析了德国TCR对企业政策的影响。我们发现,2001年收紧监管对杠杆率有一定的限制作用。外国子公司的反应是减少公司内部贷款和增加股权,没有明显证据表明实际投资减少。TCR影响有限的一个可能原因是,跨国公司可以选择通过使用控股公司结构来绕过监管。事实上,控股公司已经被用来将巨额公司内部贷款转移到德国子公司的账簿上。然而,与此同时,这些观察到的重组中似乎只有一部分是对TCR的反应。
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引用次数: 110
Using Formal and Informal Mechanisms to Limit Opportunism - Review and Classification of the Hold-Up Literature 利用正式和非正式机制限制机会主义——对搁置文献的回顾和分类
Pub Date : 2008-10-31 DOI: 10.2139/ssrn.1216022
F. Miller
The hold-up problem has been the source of much investigation by fields ranging from economics to accounting. Despite contractual protection, firms and researchers are still looking for better remedies to hold-ups and searching for ways to encourage firms to make socially optimal specialized investments. In this study, I review and classify analytical and empirical research aimed at finding and testing mitigating mechanisms to hold-ups and I suggest avenues for future research. This research is organized around strategic decision-making with organizational design, trade decisions, and resource allocations. I find that analytical research has focused on formal mitigating mechanisms to hold-ups (i.e., integration, joint ownership, contracts, pricing mechanisms, incentives, and interdependence) and only recently complemented these formal safeguards with informal mechanisms in the form of relational contracting and private information. Empirical research has taken a different approach by focusing overwhelmingly on informal mechanisms. This review also shows that although hold-ups are likely to occur with intra-firm trade and resource allocations, these research streams have not pursued analytical and empirical investigations to the same extent as research on inter-firm trade. As a result, this review not only integrates the findings of the various research streams, but also provides suggestions for future research.
从经济学到会计学,许多领域都在研究拖延问题。尽管有合同保护,企业和研究人员仍在寻找更好的补救措施,鼓励企业进行社会最优的专业化投资。在本研究中,我回顾和分类了旨在寻找和测试缓解机制的分析和实证研究,并为未来的研究提出了途径。本研究围绕战略决策进行组织设计、贸易决策和资源分配。我发现,分析性研究的重点是正式的缓解阻碍机制(即,整合、共同所有权、合同、定价机制、激励和相互依赖),直到最近才用关系契约和私人信息形式的非正式机制补充这些正式的保障措施。实证研究采取了一种不同的方法,主要关注非正式机制。这一综述还表明,尽管企业内部贸易和资源配置可能会出现停滞,但这些研究流没有像企业间贸易研究那样进行分析和实证调查。因此,本文不仅整合了各研究领域的研究成果,而且对未来的研究提出了建议。
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引用次数: 1
Continental AG vs. Schaeffler, Hidden Ownership and European Law - Matter of Law or Enforcement? 大陆集团诉舍弗勒,隐藏所有权与欧洲法律——法律问题还是执法问题?
Pub Date : 2008-10-29 DOI: 10.2139/SSRN.1170987
D. Zetzsche
This note presents my position regarding the hidden ownership schemes currently employed by the Schaeffler group to build up stakes in Continental AG in preparation for an unsolicited surprise cash-bid for Continental's shares. It summarizes the information publicly available on the Schaeffler / Continental case as of 19 August 2008, providing a useful source on hidden ownership schemes in general. Furthermore, it puts the Continental vs. Schaeffler pattern in context of Judge Kaplan's recent ruling in CSX / The Children's Investment Fund (TCI) as well as the FSA's forthcoming rule with respect to the disclosure of CFD long positions. Prompted by the Schaeffler group's current takeover bid for Continental, I hint at some of the results in two forthcoming articles of mine, titled 'Empty voting and Hidden Ownership - The European Perspective' and 'Challenging Wolf Packs - Thoughts on Efficient Enforcement of Shareholder Transparency Rules'. I conclude that: 1) European law mandates disclosure of hidden ownership; 2) Hidden ownership issues are, in fact, those of enforcement in multi-party schemes (i.e. wolf packs or contractual acquisition networks organized by investment banks) where adverse incentives prevent all participants from disclosure; 3) Enforcement must shift from ex-post measures that insufficiently re-arrange the benefits of secrecy to an ex-ante self-regulatory approach that considers the incentive structure in multi-party schemes. A look at the leniency programs of antitrust law provides a starting point for a self-regulatory disclosure regime with respect to shareholder transparency rules.
这篇文章阐述了我对舍弗勒集团目前采用的秘密所有权计划的立场,该计划旨在增加大陆集团的股份,为主动提出的对大陆股份的意外现金收购做准备。它总结了截至2008年8月19日为止,有关舍弗勒/大陆集团案件的公开信息,为一般的隐性所有权方案提供了有用的信息来源。此外,它将大陆与谢弗勒模式置于卡普兰法官最近对CSX /儿童投资基金(TCI)的裁决以及FSA即将出台的关于差价合约多头头寸披露的规定的背景下。受舍弗勒集团目前对大陆集团的收购要约的影响,我在我即将发表的两篇文章中暗示了一些结果,题为“空洞的投票和隐藏的所有权-欧洲视角”和“挑战狼群-关于有效执行股东透明度规则的思考”。我的结论是:1)欧洲法律要求披露隐性所有权;2)隐藏的所有权问题实际上是指多方方案(即由投资银行组织的狼群或合同收购网络)中的执行问题,在这些方案中,不利的激励措施阻止了所有参与者的披露;3)执法必须从不能充分重新安排保密利益的事后措施转向考虑多方方案激励结构的事前自我监管方法。对反垄断法宽大处理程序的研究,为股东透明度规则方面的自我监管披露制度提供了一个起点。
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引用次数: 4
Towards a Reconciliation of the Theory Pluralism in Strategic Management - Incommensurability and the Constructivist Approach of the Erlangen School 论战略管理理论多元性的调和——不可通约性与埃尔兰根学派的建构主义方法
Pub Date : 2008-10-28 DOI: 10.2139/ssrn.1291189
A. Scherer, M. Dowling
Theory pluralism has become apparent in the field of strategic management. The traditional business policy framework is increasingly being subjected to criticism, and a variety of streams of research with different theoretical perspectives have emerged. Theory pluralism is common and accepted in many fields of scientific research (Daft & Buenger, 1990; Gioia & Pitre, 1990; Thomas & Pruett, 1993). In particular, organization theorists have developed models to describe and classify competing theories (Burrell & Morgan 1979, Van de Ven & Astley 1981, Pfeffer 1982). However, we contend that theory pluralism or "incommensurability" (Kuhn 1962, 1970) is problematic for strategic management research and practice, since most strategy scholars are interested in developing and testing theories that will assist firms in developing sustainable competitive advantage. Theory-pluralism makes it particularly difficult for managers to use the output of academic research since there may be different answers for the solution of a given practical problem. In this paper, we present a potential way to reconcile problems of theory-pluralism by using ideas from the "constructivist" philosophy of the Erlangen School. This philosophy offers a methodological approach that will clearly be distinguished from the logical positivist approach that has become common in organizations studies and strategic management.
理论的多元化在战略管理领域已经显现出来。传统的商业政策框架正日益受到批评,并出现了各种不同理论视角的研究流。理论多元主义在许多科学研究领域是普遍和被接受的(Daft & Buenger, 1990;Gioia & Pitre, 1990;Thomas & Pruett, 1993)。特别是,组织理论家开发了模型来描述和分类竞争理论(Burrell & Morgan 1979, Van de Ven & Astley 1981, Pfeffer 1982)。然而,我们认为理论多元化或“不可通约性”(Kuhn 1962, 1970)对于战略管理研究和实践来说是有问题的,因为大多数战略学者都对开发和测试有助于企业发展可持续竞争优势的理论感兴趣。理论多元主义使管理者特别难以利用学术研究的成果,因为对于一个给定的实际问题的解决方案可能有不同的答案。在本文中,我们提出了一种潜在的方法,通过使用埃尔兰根学派的“建构主义”哲学的思想来调和理论多元主义的问题。这种哲学提供了一种方法论方法,它将明显区别于在组织研究和战略管理中已经变得普遍的逻辑实证主义方法。
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引用次数: 45
Ratings Shopping and Asset Complexity: A Theory of Ratings Inflation 评级购物与资产复杂性:一种评级通胀理论
Pub Date : 2008-10-24 DOI: 10.2139/ssrn.1295503
Vasiliki Skreta, Laura L. Veldkamp
Many identify inflated credit ratings as one contributor to the recent financial market turmoil. We develop an equilibrium model of the market for ratings and use it to examine possible origins of and cures for ratings inflation. In the model, asset issuers can shop for ratings -- observe multiple ratings and disclose only the most favorable -- before auctioning their assets. When assets are simple, agencies' ratings are similar and the incentive to ratings shop is low. When assets are sufficiently complex, ratings differ enough that an incentive to shop emerges. Thus, an increase in the complexity of recently-issued securities could create a systematic bias in disclosed ratings, despite the fact that each ratings agency produces an unbiased estimate of the asset's true quality. Increasing competition among agencies would only worsen this problem. Switching to an investor-initiated ratings system alleviates the bias, but could collapse the market for information.
许多人认为,信用评级虚高是导致最近金融市场动荡的原因之一。我们开发了评级市场的均衡模型,并用它来研究评级通胀的可能起源和治疗方法。在该模型中,资产发行人可以在拍卖其资产之前购买评级——观察多个评级并仅披露最有利的评级。当资产比较简单时,评级机构的评级是相似的,评级机构进行评级的动机很低。当资产足够复杂时,评级差异就会大到促使人们购买。因此,尽管每个评级机构都对资产的真实质量做出了公正的估计,但最近发行的证券复杂性的增加可能会在披露的评级中产生系统性偏差。各机构之间日益激烈的竞争只会使这一问题恶化。转向由投资者发起的评级系统减轻了这种偏见,但可能会使信息市场崩溃。
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引用次数: 534
Choice of Interest Rate Term Structure Models for Assets and Liability Management 资产负债管理利率期限结构模型的选择
Pub Date : 2008-10-19 DOI: 10.2139/ssrn.1286854
Zhenke Guan, Bing Gan, Aisha Khan, S. Poon
This paper compares the pricing and hedging performance of the LMM model against two spot-rate models, namely Hull-White and Black-Karasinski, and the more recent Swap Market Model from an Asset-Liability-Management (ALM) perspective. In contrast to previous studies in the literature, our emphasis here is on ALM and we use hedging performance on Bermudan swaptions to proxy risk management outcome of long-term mortgage loans. Our tests involve calibrating the four interest rate models to European swaption prices for EURO and USD over the period February 2005 to September 2007. The calibrated models are then used to price and hedge a constant 11-year Bermudan swaption portfolio using a series of interest rate swaps and a 1-year holding-revision period. Our empirical results show that, the calibrated parameters of all four models are stable and their pricing errors are small and comparable. No single model dominates in the pricing exercise. The hedging performance of all four models is similar for the Euro market. For the USD market, the short rate models perform marginally better than SMM and LMM. The HW model is marginally better than BK model in terms of model parameter stability and smaller pricing and hedging errors.
本文从资产负债管理(ALM)的角度比较了LMM模型与Hull-White和Black-Karasinski两种现货利率模型以及最近的掉期市场模型的定价和套期保值性能。与以往的文献研究相比,我们在这里的重点是资产负债管理,我们使用百慕大掉期的对冲业绩来代理长期抵押贷款的风险管理结果。我们的测试包括将四个利率模型校准为2005年2月至2007年9月期间欧元和美元的欧洲掉期价格。然后,使用校准后的模型,通过一系列利率掉期和1年的持有修正期,对一个恒定的11年期百慕大掉期投资组合进行定价和对冲。实证结果表明,四种模型的校正参数均较为稳定,定价误差较小,具有可比性。没有任何一种模式在定价过程中占据主导地位。在欧元市场上,这四种模式的对冲表现是相似的。对于美元市场,短期利率模型的表现略好于SMM和LMM。HW模型在模型参数稳定性和较小的定价和套期保值误差方面略优于BK模型。
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引用次数: 0
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