scholarly journals Cross-Border Shareholder Class Actions Before and after Morrison

Author(s):  
Elaine Buckberg ◽  
Max Gulker
Author(s):  
Armas M Marcelo

This chapter examines the law of set-off in Chile, both before and after insolvency, as well as the alternatives for contractual set-off structures that may be agreed among two or more parties. In Chile, set-off was created as a legal concept primarily on the basis of practical considerations rather than juridical principles. The right to set-off may arise due to a contractual arrangement between the parties or by the operation of law, including the Chilean Civil Code. The chapter first considers set-off in Chile outside insolvency, focusing on set-off by operation of law and contractual set-off, before discussing set-off in insolvency. In particular, it explains the implications of a declaration of liquidation under Chilean Bankruptcy Law and its possible consequences for set-off rights. It also analyses issues arising in cross-border set-off.


2021 ◽  
Vol 13 (22) ◽  
pp. 12821
Author(s):  
Yan Wang ◽  
Lifan Yang ◽  
Enzo Russo ◽  
Domenico Graziano

This paper aims to solve the time-constrained problems of knowledge sharing caused by geographical distance and cultural differences in cross-border business models by proposing a novel knowledge sharing model based on principal–agent theory. Given that digital technologies (DTs) can solve the information asymmetry issue, this paper analyses and compares the contract parameters given by the principal, the efforts of the agent, and the changes in the expected profits of both parties before and after the application of DTs and therefore discusses the influence of various relevant factors in incentive contracts; the relationship between the expected profit of both parties and the various relevant factors is analyzed through numerical simulations. The results show that, in cross-border business models considering the time value of knowledge, the principal is affected not only by “information rent” and “channel loss” but also by the “time cost”. The application of DTs can effectively reduce all three of these costs. More importantly, the principal’s incentive coefficient and the agent’s effort are related to this time constraint and the application of DTs.


Land ◽  
2021 ◽  
Vol 10 (9) ◽  
pp. 991
Author(s):  
Fangyu Zheng ◽  
Jiuming Huang ◽  
Zhiming Feng ◽  
Chiwei Xiao

Road construction fragments the landscape, reduces connectivity, and drives land use changes. To our knowledge, little is known about the scope and intensity of the effects of cross-border roads on changes in land use. Here, with the land use data products provided by the US Agency for International Development’s SERVIR Mekong project, using the GIS-based spatial analysis to quantitatively analyze and compare the effects of the cross-border road on land use changes within a 30 km buffer area along the Kunming–Bangkok Highway between Laos and Thailand. The results show the following: The greater the distance was from the highway, the smaller were the overall changes in land use within the buffer zone. A comparison of the situation before and after the road was opened in 2013 revealed significant differences in the most influential land use types of agricultural expansion, i.e., from 47.07% to 52.07% (the buffer zone was 1 km). In particular, 57.32% (1381.93 ha) and 40.08% (966.46 ha) of the land occupied by forests had been converted into land for plantation and agriculture, respectively, from 2013 to 2018. The scope of the impact of the operational route on the dynamics of land use was inconsistent. The largest impact before the road became operational was within 4 km of the buffer zone (0.26 to 0.24). Once the road had been opened, the range of its impact was beyond 10 km (0.63 to 0.57). The work here can provide a scientific basis for regional transportation planning and the sustainable use of land resources.


Author(s):  
Sucharita Gopal ◽  
Joshua Pitts ◽  
Zhongshu Li ◽  
Kevin Gallagher ◽  
William Kring

Global financial investments in energy production and consumption are significant since all aspects of a country's economic activity, and development require energy resources. In this paper, we assess the investment trends in the global energy sector during, before and after financial crises of 2008 using two data sources: (1) Dealogic database providing cross‐border mergers and acquisitions (M&As), and (2) fDi Intelligence fDi Markets database providing greenfield (GF) foreign direct investments (FDIs). We highlight the changing role of China and compare its M&A and GF FDI activities to those of the United States, Germany, UK, Japan and others during this period. We analyze the investments along each segment of the energy supply chain of these countries to highlight the geographical origin and destination, sectoral distribution, and cross‐border M&As and GF FDI activities. Our paper shows that while energy accounts for nearly 25% of all GF FDI, it only accounts for 4.82% of total M&A FDI activity in the period 1996-2016. China's outbound FDI in the energy sector started its ascent around the time of the global recession and had accelerated in the post-recession phase. In the energy sector, the development of China's outbound cross‐border M&As is similar to USA or UK, located mostly in the developed countries in the west, while their outbound GF investments are spread across many countries around the world. Also, China's outbound energy M&As are concentrated in certain segments (extraction, and electricity generation) while their GF covers all segments of the energy supply chain.


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