An earlier version of this paper can be found at http://ssrn.com/abstract=1997835This author in the article titled as ‘Taxability of Corporate Gift of Shares’ had examined the ruling of AAR in Dana Corporation, In Re and others. In those rulings the AAR had inter alia held that no capital gains implications arose in case of gift of shares of subsidiary by holding company as ‘consideration’ in such cases of transfer could not be computed. This author in the said article had also commented that this position required to be considered by the legislature as it was leading to avoidance of tax and the interpretation was leading to absurdity. The Government, in the Budget for 2012-13 has reconciled and sought to cure this anomaly. In this article the author examines whether the proposals made in the recently presented Budget actually cater to the issue.
这篇论文的早期版本可以在http://ssrn.com/abstract=1997835This上找到，作者在题为“公司股票捐赠的可征税性”的文章中研究了AAR在Dana Corporation, in Re和其他公司的裁决。在这些裁决中，AAR除其他外认为，在控股公司赠与子公司股份的情况下，不会产生资本利得影响，因为这种转让情况下的“对价”无法计算。该作者在上述文章中还评论说，立法机关需要考虑这一立场，因为它导致避税，其解释导致荒谬。在2012-13年度预算中，政府已经和解并寻求解决这一异常现象。在这篇文章中，作者探讨了最近提交的财政预算案中提出的建议是否真的迎合了这个问题。
{"title":"Changes Proposed by Finance Bill, 2012: Is Corporate Gift of Shares Taxable Now?","authors":"Tarun Jain","doi":"10.2139/SSRN.2039241","DOIUrl":"https://doi.org/10.2139/SSRN.2039241","url":null,"abstract":"An earlier version of this paper can be found at http://ssrn.com/abstract=1997835This author in the article titled as ‘Taxability of Corporate Gift of Shares’ had examined the ruling of AAR in Dana Corporation, In Re and others. In those rulings the AAR had inter alia held that no capital gains implications arose in case of gift of shares of subsidiary by holding company as ‘consideration’ in such cases of transfer could not be computed. This author in the said article had also commented that this position required to be considered by the legislature as it was leading to avoidance of tax and the interpretation was leading to absurdity. The Government, in the Budget for 2012-13 has reconciled and sought to cure this anomaly. In this article the author examines whether the proposals made in the recently presented Budget actually cater to the issue.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127582692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper analyzes the case of China in the G20 process and examines China's position and policies on relevant issues, including the international monetary system (IMS) reform, reform of the IFIs, international financial regulation, the future of the dollar, and internationalization of the Renminbi. My findings demonstrate that China has actively participated in the G20's deliberations and actions, put forward its suggestions, sought expanded share and voting power in the IFIs in correspondence with its rising status, and promoted the internationalization of the Renminbi. While having accepted and observed the current international rules of the game, China seeks changes for greater institutional power and for better global governance. I come to the conclusion that China is a status quo power which at the same time is hoping for constructive changes in the existing international order, and is thus a reform-minded status quo power.
{"title":"A Reform-Minded Status Quo Power? China, the G20, and Changes in the International Monetary System","authors":"Xiao Ren","doi":"10.2139/SSRN.2169845","DOIUrl":"https://doi.org/10.2139/SSRN.2169845","url":null,"abstract":"This paper analyzes the case of China in the G20 process and examines China's position and policies on relevant issues, including the international monetary system (IMS) reform, reform of the IFIs, international financial regulation, the future of the dollar, and internationalization of the Renminbi. My findings demonstrate that China has actively participated in the G20's deliberations and actions, put forward its suggestions, sought expanded share and voting power in the IFIs in correspondence with its rising status, and promoted the internationalization of the Renminbi. While having accepted and observed the current international rules of the game, China seeks changes for greater institutional power and for better global governance. I come to the conclusion that China is a status quo power which at the same time is hoping for constructive changes in the existing international order, and is thus a reform-minded status quo power.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121535232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper explores the significance of the “contractual mechanism” behind electronic payment transactions and its influence on European legislation. Its main purpose is to investigate how European directives see the electronic payment operation and take in account its characteristics. Card payments are divided into two distinct contractual episodes: the debit or credit card contract and the consecutive mandates given by the cardholder to his bank to pay the suppliers and to debit his account. This division seems not to be taken into account by European legislator in 2008, on Directive 2008/48/EC on credit agreements for consumers, as it was not taken in account before, in 1987. The same can be said of Directive 97/7/EC on the protection of consumers in respect of distance contracts. In contrast, Directive 2007/64/EC on payment services in the internal market (PSD) seems to be a turning point in redefining the contractual structure behind payment transaction. This directive differentiates between single payment transactions not covered by a framework contract and individual payment transactions covered by such a contract. PSD distinguishes, namely for information purposes, the framework contract and the subsequent payment orders given by the user to the payment service provider.
{"title":"The Debit and Credit Card Framework Contract and Its Influence on European Legislative Initiatives","authors":"M. Guimarães","doi":"10.2139/ssrn.2078158","DOIUrl":"https://doi.org/10.2139/ssrn.2078158","url":null,"abstract":"This paper explores the significance of the “contractual mechanism” behind electronic payment transactions and its influence on European legislation. Its main purpose is to investigate how European directives see the electronic payment operation and take in account its characteristics. Card payments are divided into two distinct contractual episodes: the debit or credit card contract and the consecutive mandates given by the cardholder to his bank to pay the suppliers and to debit his account. This division seems not to be taken into account by European legislator in 2008, on Directive 2008/48/EC on credit agreements for consumers, as it was not taken in account before, in 1987. The same can be said of Directive 97/7/EC on the protection of consumers in respect of distance contracts. In contrast, Directive 2007/64/EC on payment services in the internal market (PSD) seems to be a turning point in redefining the contractual structure behind payment transaction. This directive differentiates between single payment transactions not covered by a framework contract and individual payment transactions covered by such a contract. PSD distinguishes, namely for information purposes, the framework contract and the subsequent payment orders given by the user to the payment service provider.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128818703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
International investment tribunals considering claims of indirect expropriation have increasingly taken into account the host state's regulatory purpose in their analysis, alluding to the need for measures to achieve a balance between host state and investor interests. Some tribunals have attempted to employ proportionality analysis in their determination of claims, but their reasoning has been methodologically problematic and characterized by a stringent standard of review, diverging from the approach of other international and supranational fora hearing disputes concerning the exercise of public power affecting individual rights and interests. Investment tribunals should be more deferential in performing proportionality analysis, mindful of host state authorities' greater democratic legitimacy and proximity to host state communities, and tribunals' comparatively weak institutional capacity. Such an approach would entail greater deference to host states in evaluating the legitimacy of a measure's objective, the measure's suitability and necessity, and the ultimate balance between the interests of the host state and of the investor. An appropriately deferential use of proportionality analysis is a more coherent approach to indirect expropriation that provides greater space for host states to take measures in the public interest, yet provides sufficient scrutiny to control misuse of public power. Oxford University Press 2012, all rights reserved, Oxford University Press.
{"title":"Indirect Expropriation and the Right to Regulate: Revisiting Proportionality Analysis and the Standard of Review in Investor-State Arbitration","authors":"Caroline Henckels","doi":"10.1093/JIEL/JGS012","DOIUrl":"https://doi.org/10.1093/JIEL/JGS012","url":null,"abstract":"International investment tribunals considering claims of indirect expropriation have increasingly taken into account the host state's regulatory purpose in their analysis, alluding to the need for measures to achieve a balance between host state and investor interests. Some tribunals have attempted to employ proportionality analysis in their determination of claims, but their reasoning has been methodologically problematic and characterized by a stringent standard of review, diverging from the approach of other international and supranational fora hearing disputes concerning the exercise of public power affecting individual rights and interests. Investment tribunals should be more deferential in performing proportionality analysis, mindful of host state authorities' greater democratic legitimacy and proximity to host state communities, and tribunals' comparatively weak institutional capacity. Such an approach would entail greater deference to host states in evaluating the legitimacy of a measure's objective, the measure's suitability and necessity, and the ultimate balance between the interests of the host state and of the investor. An appropriately deferential use of proportionality analysis is a more coherent approach to indirect expropriation that provides greater space for host states to take measures in the public interest, yet provides sufficient scrutiny to control misuse of public power. Oxford University Press 2012, all rights reserved, Oxford University Press.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114073247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Consumer Credit‘s essence lies in establishing a sustainable fair banker customer relation. The United Nations Guidelines (as expanded in 1999) emphasize that the consumer’s economic interests like - right to information, right to choice or decision making, right not to be exploited by unconscionable rate of interests. Earlier there were common practice of Standard form of Contracts where there was no pre negotiation between banks or financiers and the consumers; and the latter were left with the choice either to accept or leave the contractual obligations. However, with the 21st Century Age of Global Consumerism, the banks are duty bound to stipulate beforehand all the essentials like-the rate of interests involved, penalty for default etc. The present doctrinal paper aims to portray the concept, economic significance with relevance of consumer credit models in other countries emphasizing mainly on its progress and challenges in India, emphasizing on its Hypothesis - In present Scenario, there is urgent need to introduce an efficacious uniform consumer credit law in India for facilitating transparency and fairness in the Banker-customer mutual relationship, has formulated following Research Objectives for systematic study: Drawing the economics approach in studying consumer credit transactions. Analyzing the negative outcome of banking credit services. Depicting the modern-day significance of consumer credit legislations in Western Countries like- US and UK Vis-a-Vis Indian consumer credit legislations along with role attributed to legal enforcement bodies in cases of banking deficiency of services.
{"title":"Consumer Credit in India","authors":"S. Bhattacharya","doi":"10.2139/ssrn.2008587","DOIUrl":"https://doi.org/10.2139/ssrn.2008587","url":null,"abstract":"Consumer Credit‘s essence lies in establishing a sustainable fair banker customer relation. The United Nations Guidelines (as expanded in 1999) emphasize that the consumer’s economic interests like - right to information, right to choice or decision making, right not to be exploited by unconscionable rate of interests. Earlier there were common practice of Standard form of Contracts where there was no pre negotiation between banks or financiers and the consumers; and the latter were left with the choice either to accept or leave the contractual obligations. However, with the 21st Century Age of Global Consumerism, the banks are duty bound to stipulate beforehand all the essentials like-the rate of interests involved, penalty for default etc. The present doctrinal paper aims to portray the concept, economic significance with relevance of consumer credit models in other countries emphasizing mainly on its progress and challenges in India, emphasizing on its Hypothesis - In present Scenario, there is urgent need to introduce an efficacious uniform consumer credit law in India for facilitating transparency and fairness in the Banker-customer mutual relationship, has formulated following Research Objectives for systematic study: Drawing the economics approach in studying consumer credit transactions. Analyzing the negative outcome of banking credit services. Depicting the modern-day significance of consumer credit legislations in Western Countries like- US and UK Vis-a-Vis Indian consumer credit legislations along with role attributed to legal enforcement bodies in cases of banking deficiency of services.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125470970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Maurizio Mazziero, Leonardo Baggiani, S. Fait, A. Lawford
The Italian version of this paper can be found at http://ssrn.com/abstract=2007513.This study examines the quarterly evolution of Italy's sovereign debt and its rating in comparison to the Eurozone countries, its stock of government bonds, official reserves, GDP and balance of trade, inflation and unemployment.Please see also: Mazziero, Maurizio, Italia 3 Trim 2011: Pil, Debito & Co (Italy 3q2011: GDP, Debt & Co) (December 13, 2011). Available at SSRN: http://ssrn.com/abstract=1972366; Mazziero, Maurizio, Italia: L’Economia al Giro di Boa del 2011 (Italy: The Economy Halfway Through 2011) (August 16, 2011). Available at SSRN: http://ssrn.com/abstract=1911942; Mazziero, Maurizio, Italia 1q2011: Pil, Debito & Co. (Italy 1q2011: GDP, Debt & Co.) (May 17, 2011). Available at SSRN: http://ssrn.com/abstract=1854888; Mazziero, Maurizio, 2010: Un Altro Anno a Debito per l’Italia (2010: Another Year of Debt for Italy) (April 10, 2011). Available at SSRN: http://ssrn.com/abstract=1806482.
本文的意大利语版本可在http://ssrn.com/abstract=2007513.This找到，研究考察了意大利主权债务的季度演变及其与欧元区国家的评级，其政府债券存量，官方储备，GDP和贸易平衡，通货膨胀和失业率。另请参阅:Mazziero, Maurizio, Italia 3 Trim 2011: Pil, Debito & Co(意大利2011年第三季度:GDP，债务& Co)(2011年12月13日)。可在SSRN: http://ssrn.com/abstract=1972366;Mazziero, Maurizio，意大利:L 'Economia al Giro di Boa del 2011(意大利经济:2011年过半)(2011年8月16日)。可在SSRN: http://ssrn.com/abstract=1911942;Mazziero, Maurizio, Italia 1q2011: Pil, Debito & Co.(意大利1q2011: GDP, Debt & Co.)(2011年5月17日)。可在SSRN: http://ssrn.com/abstract=1854888;Mazziero, Maurizio, 2010: Un Altro Anno a Debito per l 'Italia(2010:意大利的又一年债务)(2011年4月10日)。可在SSRN: http://ssrn.com/abstract=1806482。
{"title":"Italy 2011: A Year of Sufferance","authors":"Maurizio Mazziero, Leonardo Baggiani, S. Fait, A. Lawford","doi":"10.2139/ssrn.2008937","DOIUrl":"https://doi.org/10.2139/ssrn.2008937","url":null,"abstract":"The Italian version of this paper can be found at http://ssrn.com/abstract=2007513.This study examines the quarterly evolution of Italy's sovereign debt and its rating in comparison to the Eurozone countries, its stock of government bonds, official reserves, GDP and balance of trade, inflation and unemployment.Please see also: Mazziero, Maurizio, Italia 3 Trim 2011: Pil, Debito & Co (Italy 3q2011: GDP, Debt & Co) (December 13, 2011). Available at SSRN: http://ssrn.com/abstract=1972366; Mazziero, Maurizio, Italia: L’Economia al Giro di Boa del 2011 (Italy: The Economy Halfway Through 2011) (August 16, 2011). Available at SSRN: http://ssrn.com/abstract=1911942; Mazziero, Maurizio, Italia 1q2011: Pil, Debito & Co. (Italy 1q2011: GDP, Debt & Co.) (May 17, 2011). Available at SSRN: http://ssrn.com/abstract=1854888; Mazziero, Maurizio, 2010: Un Altro Anno a Debito per l’Italia (2010: Another Year of Debt for Italy) (April 10, 2011). Available at SSRN: http://ssrn.com/abstract=1806482.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124102919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In late 2011, Canada indicated it wanted to join negotiations underway among nine countries towards a new Trans-Pacific Partnership (TPP) agreement on trade. It is important for Canada to be at the table in these talks, which currently involve economies comprising 28 percent of world GDP. There is a stumbling block, however: Canada had the chance in 2005 to join the nascent grouping, but chose not to. Now prospective partners must determine Canada’s suitability to join negotiations already in progress. Among them, New Zealand is opposed to Canada’s attempts to maintain existing dairy supply management. And in a 2010 review, US officials already declined to support Canada’s case for entry. This paper argues that positive support from the United States this time could override objections by others, but Canada needs to play its cards better in the United States.
{"title":"Can Canada Join the Trans-Pacific Partnership? Why Just Wanting it is Not Enough","authors":"L. Dawson","doi":"10.2139/SSRN.2023963","DOIUrl":"https://doi.org/10.2139/SSRN.2023963","url":null,"abstract":"In late 2011, Canada indicated it wanted to join negotiations underway among nine countries towards a new Trans-Pacific Partnership (TPP) agreement on trade. It is important for Canada to be at the table in these talks, which currently involve economies comprising 28 percent of world GDP. There is a stumbling block, however: Canada had the chance in 2005 to join the nascent grouping, but chose not to. Now prospective partners must determine Canada’s suitability to join negotiations already in progress. Among them, New Zealand is opposed to Canada’s attempts to maintain existing dairy supply management. And in a 2010 review, US officials already declined to support Canada’s case for entry. This paper argues that positive support from the United States this time could override objections by others, but Canada needs to play its cards better in the United States.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"238 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134325406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A government budget deficit can exist for at least two possible reasons: tax smoothing and/or tax tilting. Under tax-smoothing, deficits are temporary phenomena resulting from the decision not to vary the tax rate in response to fluctuations in government spending (as a share of output). This is done in order to minimize the distortionary cost of taxes. Tax tilting occurs whenever the government has an incentive to discount the losses to society from taxes at a higher rate than society discounts them; hence it delays taxes or advances spending introducing an upward trend in total government debt. This paper develops a model that implies that tax-tilting tends to increase with political risk. An increase in political risk, measured by the probability of losing power, increases the rate at which the government discounts the future, causing government policy to be relatively more myopic. Hence it delays taxes or advances spending and its deficit increases. Using data from a panel of 19 Latin-American countries for the period 1984–2009, the paper presents estimation results that strongly support the proposition that an increase in political risk increases the degree of tax-tilting.
{"title":"Tax Tilting and Politics: Some Theory and Evidence for Latin America","authors":"J. Cover, R. Pastén","doi":"10.2139/ssrn.1998373","DOIUrl":"https://doi.org/10.2139/ssrn.1998373","url":null,"abstract":"A government budget deficit can exist for at least two possible reasons: tax smoothing and/or tax tilting. Under tax-smoothing, deficits are temporary phenomena resulting from the decision not to vary the tax rate in response to fluctuations in government spending (as a share of output). This is done in order to minimize the distortionary cost of taxes. Tax tilting occurs whenever the government has an incentive to discount the losses to society from taxes at a higher rate than society discounts them; hence it delays taxes or advances spending introducing an upward trend in total government debt. This paper develops a model that implies that tax-tilting tends to increase with political risk. An increase in political risk, measured by the probability of losing power, increases the rate at which the government discounts the future, causing government policy to be relatively more myopic. Hence it delays taxes or advances spending and its deficit increases. Using data from a panel of 19 Latin-American countries for the period 1984–2009, the paper presents estimation results that strongly support the proposition that an increase in political risk increases the degree of tax-tilting.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131104308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Continued lobbying by high-end, American designers for intellectual property-type fashion design protection has culminated in the proposed Innovative Design Protection and Piracy Prevention Act, intended to introduce EU standards. Using a sequential, 2-firm, vertical differentiation framework, we analyze the effects of protection on investment in innovative designs by high-quality (‘designer’) and lower-quality (‘mass-market’) firms when the mass-marketer may opt to imitate, consumers prefer trendsetting designs and firms compete in prices. We show that design protection, by transforming mass-marketers from imitators to innovators, may reduce both designer profits and welfare. The model provides possible explanations for the dearth of EU case law and the increase in designer/mass-marketer collaborations.
美国高端设计师为保护知识产权类型的时装设计而不断游说，最终促成了旨在引入欧盟标准的《创新设计保护与盗版预防法案》(Innovative design protection and Piracy Prevention Act)。使用一个连续的、两家公司的垂直差异化框架，我们分析了在大众市场可能选择模仿、消费者更喜欢引领潮流的设计和公司在价格上竞争的情况下，高质量(“设计师”)和低质量(“大众市场”)公司对创新设计投资的保护作用。我们表明，外观设计保护通过将大众营销人员从模仿者转变为创新者，可能会减少设计师的利润和福利。该模型为欧盟判例法的缺乏和设计师/大众市场合作的增加提供了可能的解释。
{"title":"Cutting Too Close? Design Protection and Innovation in Fashion Goods","authors":"P. Hackett","doi":"10.2139/ssrn.1997100","DOIUrl":"https://doi.org/10.2139/ssrn.1997100","url":null,"abstract":"Continued lobbying by high-end, American designers for intellectual property-type fashion design protection has culminated in the proposed Innovative Design Protection and Piracy Prevention Act, intended to introduce EU standards. Using a sequential, 2-firm, vertical differentiation framework, we analyze the effects of protection on investment in innovative designs by high-quality (‘designer’) and lower-quality (‘mass-market’) firms when the mass-marketer may opt to imitate, consumers prefer trendsetting designs and firms compete in prices. We show that design protection, by transforming mass-marketers from imitators to innovators, may reduce both designer profits and welfare. The model provides possible explanations for the dearth of EU case law and the increase in designer/mass-marketer collaborations.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121783303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper is a conceptual examination of global expansion of International Financial Reporting Standards (IFRS) and perceives its expansion as gaining legitimacy in the global financial regulatory field. From this stance, this paper assumes a pragmatic definition of legitimacy, which originally had many definitions that had become ‘motivation for acceptance among multi-stakeholders,’ and sets up a Legitimacy model that constitutionally analyzes legitimacy of global accounting standards. Drawing upon institutional theory, this study intends to provide a new perspective to accounting literature. The Legitimacy model constitutionally analyzes legitimacy of the global accounting regulatory system, which we can assume is a multilayer network, and separates legitimacy of IFRS and IASB, which have not necessarily been separated in previous studies. By employing the concept of reflexivity, this model clarifies the mechanism in which both the legitimacies of accounting standards and of the standard setters interact to convey legitimacy of global accounting standards as a system. The main contributions of this paper are analyzing accounting standards as global standards and/or a global institution and providing a new analytical framework to legitimacy of global accounting standards.
{"title":"Legitimacy of Global Accounting Standards: A New Analytical Framework","authors":"Masatsugu Sanada","doi":"10.2139/ssrn.1990796","DOIUrl":"https://doi.org/10.2139/ssrn.1990796","url":null,"abstract":"This paper is a conceptual examination of global expansion of International Financial Reporting Standards (IFRS) and perceives its expansion as gaining legitimacy in the global financial regulatory field. From this stance, this paper assumes a pragmatic definition of legitimacy, which originally had many definitions that had become ‘motivation for acceptance among multi-stakeholders,’ and sets up a Legitimacy model that constitutionally analyzes legitimacy of global accounting standards. Drawing upon institutional theory, this study intends to provide a new perspective to accounting literature. The Legitimacy model constitutionally analyzes legitimacy of the global accounting regulatory system, which we can assume is a multilayer network, and separates legitimacy of IFRS and IASB, which have not necessarily been separated in previous studies. By employing the concept of reflexivity, this model clarifies the mechanism in which both the legitimacies of accounting standards and of the standard setters interact to convey legitimacy of global accounting standards as a system. The main contributions of this paper are analyzing accounting standards as global standards and/or a global institution and providing a new analytical framework to legitimacy of global accounting standards.","PeriodicalId":206472,"journal":{"name":"INTL: Political & Legal Issues (Topic)","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132686531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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