...Article XII: Organization and Management Section 1. Structure of the Fund The Fund shall have a Board of Governors, an Executive Board, a Managing Director, and a staff, and a Council if the Board of Governors decides, by an eighty-five percent majority of the total voting power, that the provisions of Schedule D shall be applied. Section 2. Board of Governors * (a) All powers under this Agreement not conferred directly on the Board of Governors, the Executive Board, or the Managing Director shall be vested in the Board of Governors. The Board of Governors shall consist of one Governor and one Alternate appointed by each member in such manner as it may determine. Each Governor and each Alternate shall serve until a new appointment is made. No Alternate may vote except in the absence of his principal. The Board of Governors shall select one of the Governors as Chairman. * (b) The Board of Governors may delegate to the Executive Board authority to exercise any powers of the Board of Governors, except the powers conferred directly by this Agreement on the Board of Governors. * (c) The Board of Governors shall hold such meetings as may be provided for by the Board of Governors or called by the Executive Board. Meetings of the Board of Governors shall be called whenever requested by fifteen members or by members having one-quarter of the total voting power. * (d) A quorum for any meeting of the Board of Governors shall be a majority of the Governors having not...
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...Nationalization &; Expropriation Nationalization is defined as the concept of a government seizing the private property of foreign nationals. In other words, nationalization is the alteration or assumption of control or ownership of private property by the state. It is historically a more recent development and differs in motive and degree from “expropriation” or “eminent domain,” which is the right of government to take property for particular public purposes (such as the construction of roads, reservoirs, or hospitals), normally accompanied by the payment of compensation. Nationalization may occur through the transfer of a company’s assets to the state or through the transfer of the share capital, leaving the company in existence to carry on its business under state control. Nationalization has often accompanied the implementation of communist or socialist theories of government, history tells us, as was the case in the transfer of industrial, banking, and insurance enterprises to the state in Russia after 1918. More recently, a further impetus has been resentment of foreign control over industries upon which the state may be largely dependent, as in the nationalization of the oil industries in Mexico in 1938 and Iran in 1951, and in the nationalization of foreign businesses in Cuba in 1960. In my view, another motivating factor for recent nationalizations may be the belief in some developing countries that state control of various industrial operations is at least temporarily...
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...outside their scope of authority if the state provided the means or facilities to accomplish the act. States are not responsible for the acts of private persons, acts of officials of other states or international organizations, or acts of insurrectionaries within their own territories. (4) Classical Case: Sandline International Inc. v. Papua New Guinea (5) Conclusion – What is your stand? Expropriations Question 4. (1) Summary of case in Question 4. (2) Concept to be used: Imputability, Terrorism (3) Discuss the case: This is a case of expropriation post the major political change in Ruraltania. Expropriation or nationalization is the state’s taking or deprivation of the property of foreigners. The right of states to expropriate foreign property is universally recognized. Expropriation is regarded as proper so long as it is done for a legitimate public purpose and the state pays prompt, adequate, and effective compensation. By “adequate” compensation is meant the...
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... Julia Lemon's versus Eminent Domain Devaira Welch Social Studies Mrs. Chidester March11, 2015 Abstract What would you do and how would you feel if someone stole your property and home. In most cases this would be unlawful theft. But the government and big companies uses lawful theft under the eminent domain law. Eminent Domain is a legal way for the government and big companies to steal your property and home. How would you feel if someone stole your property and home? In most cases this would be unlawful theft. But the government uses lawful theft to do just that. Eminent domain also known as the right for the government to take your property and home for the public good, it is the power of the state to snatch a person’s land for public good or use. They have to pay you something for stealing from you even if it does not meet your needs. What they don’t need however is your consent. This law lets the government and big companies to steal from the poor and give to the rich. Now isn’t this something Robin Hood stole from the rich and gave it to the poor and they wanted to hang him for it. Just as many people that you have for eminent domain there is just as many people that are also against eminent domain. Mrs. Julia Lemon’s a 93 year old woman in Georgia had the place she lived for 26 years stolen off from under her by a big hospital in Georgia. Mrs. Lemon fought for her rights. There is always people for and people against eminent domain. There are pros and cons to eminent...
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...investment law, the initial meaning of protecting foreign investors equals to protecting them from illegal expropriation by the host countries. The trend of investment liberalization is marked with and resulted from the conclusion of most BITs and some important regional investment treaties since nineties of the 20th Century, the existing of all the stereotype expropriation clauses have confirmed the principle that host countries must compensate the foreign investors due to expropriation. The problem concerning compensation standard, which is once sensitive and disputable, has also led to a specific and unanimous answer. The composition and finding of expropriation are much clear for a long period of time. However the answer becomes unclear again with the rapid expansion of expropriation concept. The modern investment treaties define the expropriation clause in three forms, direct expropriation, indirect expropriation and any measure equivalent to or similar to expropriation. Although it is held that the so called “equivalent to or similar to” do not create the third form of expropriation, the expression of indirect or similar expropriation will continue to be widely used and will expand the concept of expropriation in an effective way. The expropriation clause has become the first choice for the investors to claim the host country for compensation. The claims of indirect expropriation have been regarded as a threat to the regulation power of host country in the current international...
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...Description In the midst of the financial crisis, Barclays (the world's 4th largest bank by assets) is forced by UK regulators to raise more capital. Should it take up the UK government's offer to invest, or take funding from investors from the Middle East? Students may price the two deals to determine which is more expensive, and must decide whether avoiding the constraints of government ownership is worth the extra cost. Learning objective: The class begins with a discussion of why, if the bank is required to raise capital, none of the instruments being offered look like equity? Why do regulators force banks to hold a certain amount of equity against their assets? Why do these instruments (which are more like preference shares and convertible debt) count as equity? Should they? We then discuss the pros and cons of accepting government versus private investment. Students generally conclude that other things being equal, it would be better to avoid government ownership, leading nicely to a discussion of... What is the relative cost of the two deals? Students must lay out the cash flows to the government preference shares versus the ""reserve capital instruments"" (debt) instruments, and the ordinary shares versus the ""Mandatory convertible notes"" (convertible debt) that the government and private deal will entail, respectively. The private deal involves granting various warrants for free, and these must also be priced using option pricing. Conclusion: Case teaches: Why is...
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...DWU(K) mobilized members of parliament to support its call to stop port privatization but it took a lot of effort to get them. First we mapped which constituencies have interest at the port in that they border it and we found four that is Likoni, Changamwe ,Mvita and kisauni. Then we mobilized our members against these MPs because all were government ministers and port privatization had been discussed in the cabinet. We also mobilized the community by organizing public meetings in those constituencies and giving other politicians a forum to speak and the local MPs felt threatened by their rivals talking against port privatization and they were forced to support our call. So that to get international support we were to do a lot of research so that union not to be seen as stubborn and blocking developments. We sort audience we the US labor attaché to whom we explained to her that we were only opposed to where port that was built with public fund to be transferred to private hands but we support government giving a private developer land and built private port so that we can compete. Mearsk Shipping line being one of the interested party to get part of the port sent Denmark ambassador to Kenya to convince DWU(K) to agree to privatization but we explained to him of our stand not to let port go to private hands. Having worked very closely with ITF(Africa) regional office on this issue, every time we were called to explain any issue we always called the Nairobi office and...
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...INTRODUCTION The participation of the state in enterprises in Nigeria dates back to the colonial era. The task of providing infrastructural facilities such as railway, road, bridges, water, electricity and port facilities fell on the colonial government due to the absence of indigenous companies with the required capital as well as the inability or unwillingness of foreign trading companies to embark on these capital-intensive projects(Iheme 1997).This involvement was expended and consolidated by the colonial welfare development plan (1946 – 56) that was formulated when the labour party came to power in the United Kingdom. This trend continued after independence such that by 1999, it was estimated that successive Nigeria Governments have invested up to 800 billion Naira in public owned enterprises (Obasanjo, 1999). THE CONCEPT OF PRIVATIZATION Although the concept of privatization is an is an emotive, ideological and controversial one evoking sharp political reactions, its political origins, meaning and objectives are not ambiguous. Iheme (1997).defines privatizations as: …any of a variety of measurers adopted by government to expose a public enterprise to competition or to bring in private ownership or control or management into a public enterprise and accordingly to reduce the usual weight of public ownership or control or management. However, in a strict sense, privatization means the transfer of the ownership (and all the incidence of ownership, including...
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...| UNIVERSITY OF TECHNICAL EDUCATION | |BTEC HND IN BUSINESS (MANAGEMENT) | | | |ASSIGNMENT COVER SHEET | |NAME OF STUDENT | | |REGISTRATION NO. | | |UNIT TITLE |Unit 3: Business Environment | |ASSIGNMENT TITLE |Organisations in their Environment | |ASSIGNMENT NO |1 of 2 | |NAME OF ASSESSOR |Dr. Willibeth C. Candol | |SUBMISSION DEADLINE |June 13, 2011 ...
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...PRIVATISATION Definition of Privatisation Privatisation means inducing private ownership, management and control into public sector undertakings. It is opposite of nationalising private firms. It implies disinvestment in public sector units and passing of management rights to private entrepreneurs. In some cases the management and control of public undertakings may be transferred to private sector without transferring the ownership. Importance of Privatisation * Improvement in efficiency: -The motive of private enterprises is to maximise profits. Therefore, they have to improve efficiency and performance without the competitive forces. * Raising Funds: -By selling government equity to private sector it is possible to raise funds for public investment. * No political influence: - Once a public sector is privatised it becomes free from political, ministerial and government intervention. * Quick Decisions: - In private sector organisation quick decisions can be taken to respond to changing circumstances. * Better Service to the customers: -The survival and growth of private sector enterprises depends on consumer satisfaction. Therefore they try to provide better quality goods and services to their customers. * Quick remedial measures: -In private sector enterprises quick remedial measures must be taken to avoid wastages, losses and to secure benefits from business opportunities. There is no scope for red tapism. * Easy to fix responsibility:...
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...[pic] BBA Program Dept. of Business Administration International Islamic university Chittagong Dhaka campus INTERNSHIP REPORT ON PRODUCTION & FINANCIAL PERFORMANCE OF STATE OWNED ENTERPRISES (SOEs) IN BANGLADESH Supervised by: Mohd. Mohsin Assistant professor in Finance Dept. of Business Administrative International Islamic university Chittagong Dhaka campus Prepared by: Mukter Hossain ID: B071515 24th Batch, BBA Major in Finance & Banking Dept. of Business Administration International Islamic university Chittagong Dhaka campus Letter of Transmittal May 22, 2011 To Mohd. Mohsin Assistant Professor in Finance Department of Business Administration International Islamic University Chittagong Dhaka Campus Subject: Submission of internship Report. Dear Sir, Here is my report on “Production & Financial Performance of State Owned Enterprises in Bangladesh” It has been a pleasure as well as a challenge on my part to work on this report that has enabled me to know about Production of State Owned Enterprises and their Financial Performance. I wish you would be to kind to accept my internship without placement report and help me to complete my degree. Sincerely your’s, Mukter Hossain ID. No. B071515 Major in Finance & Banking IIUC, DC Letter of Acceptance Mukter Hossain, ID. B071515, Batch 24th, BBA program has submitted the report on “Production & Financial Performance of State owned...
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...International Journal of Advanced System and Social Engineering Research ISSN 2278-6031, Vol 3, Issue 1, 2013, pp18-22 http://www.bipublication.com ADVANTAGES AND DISADVANTAGES OF PRIVATISATION IN INDIA Anant Kousadikar and Trivender Kumar Singh* *Jatan Swaroop PostGraduate College, Kayasthwada,Sikandrabad(U.P.), Distt: Bulandshar [Received-05/12/2012, Published-17/01/2013] ABSTRACT Privatization in generic terms refers to the process of transfer of ownership, can be of both permanent or long term lease in nature, of a once upon a time state-owned or public owned property to individuals or groups that intend to utilize it for private benefits and run the entity with the aim of profit maximization. In other words, it is a route from public or state ownership to private players or a group. From the other point of view, it is a strategy that provides advantages to a few at the price of many. However, this is always subjected to the circumstances involved. In this paper, the aim is to understand the major advantages and disadvantages of privatization in this country. Index Terms: Privatisation, advantages, Public administration. I. INTRODUCTION Privatization is a managerial approach that has attracted the interest of many categories of peopleacademicians, politicians, government employees, players of the private sector, and public on the whole. As per the opinion by the subject experts, privatization can be advantageous in terms of the higher flexibility and scope of innovation...
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...In 2008 the British government decided to nationalize struggling lender Northern Rock, dashing Sir Richard Branson’s plans to buy the bank, and drawing fire from politicians and shareholders. This decision was made after considering two private-sector bids to bail out the bank–one from Northern Rock’s management team, the other from Sir Richard Branson’s Virgin consortium. Changes in top management of NRB were planned in the way that former Lloyd’s of London head Ron Sandler would be Northern Rock’s new chief executive, while Ann Godbehere–formerly with Swiss Re –has been appointed chief financial officer. Britain’s finance minister Alistair Darling talking about these changes named it a “temporary period” of nationalization. He didn’t believe that the two proposals deliver sufficient value-for-money for the taxpayer. He explained that under Virgin’s ownership, Northern Rock would only offer a return on taxpayers’ investments if the company’s value reached at least 2.7 billion pounds ($5.3 billion). There was also opinion that main disadvantage of this management bit was that it did not inject enough new capital into the business. Reaction was swift and fierce. George Osborne, the Conservative party shadow finance minister, said the Labour party’s reputation for economic competence was now dead, and that a better solution would have been to take the bank into receivership, with the Bank of England as creditor. The reaction from shareholders was equally critical; they face...
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...State versus Private Ownership Andrei Shleifer Department of Economics Harvard University Cambridge, Massachusetts. Abstract Private ownership should generally be preferred to public ownership when the incentives to innovate and to contain costs must be strong. In essence, this is the case for capitalism over socialism, explaining the "dynamic vitality" of free enterprise. The great economists of the 1930s and 1940s failed to see the dangers of socialism in part because they focused on the role of prices under socialism and capitalism, and ignored the enormous importance of ownership as the source of capitalist incentives to innovate. Moreover, many of the concerns that private firms fail to address “social goals” can be addressed through government contracting and regulation, without resort to government ownership. The case for private provision only becomes stronger when competition between suppliers, reputational mechanisms, the possibility of provision by private not-for-profit firms, as well as political patronage and corruption, are brought into play. 1 What kinds of goods and services should be provided by government employees as opposed to private firms? Should government workers make steel and cars in government-owned factories? Should teachers and doctors be publicly employed or should they work for private schools and practices? Should garbage be picked up by civil servants or employees of private garbage haulers? Should the whole economy be "socialized"? Although...
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...Nationalization of banks in India generated a controversy which was meaningless. In fact the public deposits in the banks have increased so much that it is unsafe to leave them in the private hands. Banks by advancing loans to the speculators and non- priority sectors can play havoc with the economy of the country. So banks were nationalized in the larger interests of the nation. Banks are the custodians of the public money but they were in private hands. Some directors of the banks used to utilize funds for their personal benefit By entering into partnership with some business they would sanction loans and get profits. Thus public money was used for personal profit. In a welfare state a government cannot sleep over the matters that do harm to the public interest. Banks, thus, used to advance loans to the individuals or non- priority sectors. Planned economy cannot work till all the factors influencing economy are geared up in that direction. Agriculture and cottage industries were to be financed in order to give a fillip to them. This could be done if the government had a control over the disbursement of Banks' loans. Nationalization is in accordance with our national policy of adopting socialistic pattern of society. Some may say that industries which provide proper place for exploitation should have been nationalized first They forget that the control of the capital is necessary because it gives power to exploit. Another objection raised against nationalization...
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