Innovation After the Revolution: Foreign Sovereign Bond Contracts Since 2003

For over a decade, contracts literature has focused on standardization. Scholars asked how terms become standard, and why they change so rarely. This line of inquiry painted a world where a standard term persists until it is dislodged by another standard term, perhaps after a brief window of ferment before the second term takes hold. It also overshadowed the early insights of boilerplate theories, which described contracts as a mix of standard and customized terms, and asked why the mix might be suboptimal. This article brings the focus back to the mix. It examines the development of selected provisions in sovereign bond contracts after a widely publicized boilerplate shift in 2003. The adoption of collective action clauses in sovereign bonds five years ago moved the documentation standard in New York closer to the prevailing practice in London. However, contrary to expectations, the shift away from old boilerplate did not lead to convergence around new boilerplate. Issuers in London and, to a lesser extent, in New York, have been experimenting with diverse formulations and institutional arrangements, including trustees and creditor committees. The contracts we study, as well as our interviews with practitioners and officials, suggest that standardization may be a matter of degree, that the degree of standardization may vary across different markets, and that a shock of the sort that led the 2003 shift may dislodge a previously standard term without replacing it with a new standard - erstwhile boilerplate becomes a platform for customization

The Determinants of the Global Mobile Telephone Deployment: An Empirical Analysis

This study aims to analyze the global mobile phones by examining the instruments stimulating the diffusion pattern. A rigorous demand model is estimated using global mobile telecommu-nications panel dataset comprised with 51 countries classified in order to World Bank income categories from 1990-2007. In particular, the paper examines what factors contribute the most to the deployment of global mobile telephones. To construct an econometric model, the number of subscribers to mobile phone per 100 inhabitants is taken as dependent variable, while the following groups of variables (1) GDP per capita income and charges, (2) competition policies (3) telecom infrastructure (4) technological innovations (5) others are selected as independent variables. Estimation results report the presence of substantial disparity among groups. Additionally GDP per capita income and own-price elasticity comprised with call rate, subscription charges, are reported. The analysis of impulse responses for price, competition policies, and technological innovations such as digitalization of mobile network, mobile network coverage indicates that substantial mobile telephone growth is yet to be realized especially in developing countries. A new and important empirical finding is that there are still many opportunities available for mobile phone development in the world pro-poor nations by providing better telecom infrastructure.Mobile Phone Adoption, 3G, Technological Innovations, Competition Policy, Panel Data Analysis, Digital Divide

The Dynamics of Contract Evolution

Contract scholarship has given little attention to the production process for contracts. The usual assumption is that the parties will construct the contract ex nihilo, choosing all the terms so that they will maximize the surplus from the contract. In fact, parties draft most contracts by slightly modifying the terms of contracts that they have used in the past, or that other parties have used in related transactions. A small literature on boilerplate recognizes this phenomenon, but little empirical work examines the process. This Article provides an empirical analysis by drawing on a data set of sovereign bonds. The authors show that exogenous factors are key determinants in the evolution of these contracts. We find an evolutionary pattern that roughly separates into three stages. Stage one where a particular standard form dominates; stage two where there are external shocks and marginal players experiment with deviations from the standard form; and stage three where a new standard emerges. The pattern confirms roughly to the S curve commonly described in the product innovation literature. The authors also find that more marginal law firms are likely to be leaders in innovation at early stages of the innovation cycle but that dominant law firms are the leaders at later stages

Front office: Role positions and risks of maintaining standards of service quality

Studies show that one of the key reasons for this development lays in the fact, that the effects of the value added and customer satisfaction appears in the process of communicating with the so-called contact personnel. This article observes the role repertoire used by contact personnel during a service, formulates the requirements for standardization procedures and define the risks that arise at various stages of the process from development to implementation.Standards, competencies, services, risks of service quality, role repertoire of contact staff., Consumer/Household Economics, L80, M12,

Information Technologies in Ensuring Continuous Wellbeing of the Person

Formation of continuous wellbeing of the person in the Russian economy can be a real prospect in case innovative technologies will be required by all economic and social entities. The accelerated development of information technologies should be based on a progressive regulatory and technical base which contains leading standards, rules, regulations for product testing and its certification, warranty, insurance conditions and standards for the protection of intellectual property and information support of products and services. Socialization of technologies promotes growth of social and emotional wellbeing

Credit derivatives: an overview

Arising from financial institutions' need to hedge and diversify credit risk, credit derivatives have now become a major investment tool. Almost all credit derivatives take the form of the credit default swap, which transfers default risk from one party to another. Most credit default swaps were once written on single names, but since 2004 the major impetus to growth and market liquidity has been credit default swaps on indexes. ; This paper examines the mechanics, risks, and market for credit default swaps, provides an overview of pricing and dealers' risk-management role, discusses the costs and benefits of credit derivatives, and outlines some recent policy issues. ; The author notes that, in the early years of credit derivatives, the major challenges facing these instruments involved resolving ambiguities in reference entities and defining credit events. Since the introduction of index trading and the widespread entry of hedge funds, however, the challenges have been settlement after credit events and addressing operational backlogs stemming from an increase in novations. Now that hedge funds are an established part of the market, the next important issue is likely to be whether credit derivatives activity will move to exchanges.Credit derivatives

Rational Regulatory Policy for the Digital Economy: Theory and EU Policy Options

Telecommunications is a key element of the ICT sector which has been shaped by strong innovation dynamics since the 1990s. Market dynamics in selected OECD telecommunications markets are analyzed. We present new ideas about efficient regulation, emphasizing the need to adopt a broader international perspective. Analytical innovations also include the discussion of an adequately-modified Hitch-Sweezy oligopoly model. Moreover, we suggest differentiated two-part tariffs as an ideal welfare-maximizing approach in both wholesale and end-product markets. From a theoretical point-of-view, the need to avoid regulatory uncertainty is also emphasized. Theoretical progress is contrasted with regulations in the EU and the US. The EU offers a broad range of different regulatory approaches where the link between framework regulation and national regulation is rather complex. The internationalization of telecommunications requires a broader cooperation among regulators in the OECD.Digital Economy, Regulatory Policy, European Union

Global Economic Sustainability Indicator: Analysis and Policy Options for the Copenhagen Process

Summary: The traditional discussion about CO2 emissions and greenhouse gases as a source of global warming has been rather static, namely in the sense that innovation dynamics have not been considered much. Given the global nature of the climate problem, it is natural to develop a more dynamic Schumpeterian perspective and to emphasize a broader international analysis, which takes innovation dynamics and green international competitiveness into account: We discuss key issues of developing a consistent global sustainability indicator, which should cover the crucial dimensions of sustainability in a simple and straightforward way. The basic elements presented here concern genuine savings rates – covering not only depreciations on capital, but on the natural capital as well -, the international competitiveness of the respective country in the field of environmental ("green") goods and the share of renewable energy generation. International benchmarking can thus be encouraged and opportunities emphasized - an approach developed here. This new EIIW-vita Global Sustainability Indicator is consistent with the recent OECD requirements on composite indicators and thus, we suggest new options for policymakers. The US and Indonesia have suffered from a decline in their performance in the period 2000-07; Germany has improved its performance as judged by the new composite indicator whose weights are determined from factor analysis. The countries covered stand for roughly 91% of world GDP, 94% of global exports, 82% of global CO2 emissions and 68% of the population.CO2 Emission, Global worming, Sustainability, International country competitiveness