5,626 research outputs found

    Conflict Minerals Legislation: The SEC’s New Role as Diplomatic and Humanitarian Watchdog

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    Buried in the voluminous Dodd-Frank Wall Street Reform and Consumer Protection Act is an oft-overlooked provision requiring corporate disclosure of the use of “conflict minerals” in products manufactured by issuing corporations. This Article scrutinizes the legislative history and lobbying efforts behind the conflict minerals provision to establish that, unlike the majority of the bill, its goals are moral and political, rather than financial. Analyzing the history of disclosure requirements, the Article suggests that the presence of conflict minerals in an issuer’s product is not inherently material information and that the Dodd-Frank provision statutorily renders nonmaterial information material. The provision, therefore, forces the SEC to expand beyond its congressional mandate of protecting investors and ensuring capital formation by requiring issuers to engage in additional nonfinancial disclosures in order to meet the provision’s humanitarian and diplomatic aims. Further, the Article posits that the conflict minerals provision is a wholly ineffective means to accomplish its stated humanitarian goals and likely will cause more harm than good in the Democratic Republic of the Congo. In conclusion, this Article proposes that a more efficient regulatory model for conflict minerals is the Clean Diamond Trade Act and the Kimberly Process Certification Scheme

    Private Sector Investment and Sustainable Development: The Current and Potential Role of Institutional Investors, Companies, Banks and Foundations in Sustainable Development

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    This paper seeks to provide the Financing for Development process with a perspective on the role institutional investors, companies, and foundations can play in the design and implementation of a financing strategy for global sustainability. This will help bridge the terminology and investment approaches of institutional investors, companies, foundations, and governments. The paper highlights ongoing efforts among private investors to increase the impact of their investments. It concludes with a set of key actions facing investors, companies and foundations in their transition towards investment practices that contribute to sustainable development

    Shifting Paradigms: Institutional Roles in a Changing World

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    Absolute Return Volatility

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    Corporate governance in Turkey: implications for investments and growth

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    Background Paper for Turkey’s Investment Climate Assessment 200

    Pitfalls of a State-Dominated Financial System: The Case of China

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    State-owned financial institutions have been proposed as a way to address market failure, but the recent literature has also highlighted their pathological problems. This paper studies the case of China for pitfalls of a state-dominated financial system, including possible segmentation of the internal capital market due to local government interference and mis-allocation of capital. Even without formal legal prohibition to capital movement across regions, we find that capital mobility within China is low. Furthermore, to the extent some capital moves around the country, the government (as opposed to the private sector) tends to allocate capital systematically away from more productive regions toward less productive ones. In this context, a smaller role of the government in the financial sector might increase economic efficiency and the rate of economic growth.

    Bank relationships: A review.

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    Securities Laws as Foreign Policy

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    Structured Finance: The New Way to Securitize Assets

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