Bücher von Ahmad Swaiss

Essay from the year 2024 in the subject Law - Miscellaneous, grade: -, , language: English, abstract: This article delves into the International Monetary Fund's (IMF) evolving role in the global financial system, analyzing its impact through a legal Len. It highlights key areas of concern, including the balance between financial stability and national sovereignty, the effectiveness and fairness of loan conditionality, and the need for greater transparency and accountability. The article proposes concrete reforms to ensure the IMF operates ethically and responsibly, adhering to its legal obligations and upholding ethical principles. These reforms include strengthening legal frameworks, enhancing independent review mechanisms, promoting participatory decision-making, and focusing on systemic solutions that prioritize human rights, sustainable development, and social justice. By embracing inclusivity, transparency, and ethical considerations, the IMF can become a force for good in addressing the complex challenges of our time. The article concludes with a call to action, urging stakeholders from governments and civil society to academics and the private sector to work collectively to hold the IMF accountable and advocate for a more just and equitable global financial system.

Essay from the year 2024 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, , language: English, abstract: The Enterprise Act 2002 revolutionized English insolvency law, prioritizing business rescue over liquidation. This article comprehensively analyzes the act's impact, particularly on secured creditor rights, and its effectiveness in achieving this objective. While acknowledging the positive strides made, it argues for further development to create a truly flourishing rescue culture. Drawing on international best practices and targeted reforms, the article explores potential solutions to enhance transparency, information sharing, and fairness in restructuring processes. Success stories like JJB Sports and Virgin Atlantic are examined alongside challenges presented by data privacy and algorithmic bias. Ultimately, the article advocates for continuous evaluation and a commitment to fostering a robust rescue culture that benefits all stakeholders.The news buzzed with anxiety as yet another beloved retail chain teetered on the brink of collapse. Images of shuttered stores and lost jobs flashed across screens, a stark reminder of the ever-present threat of business failure. For decades, English insolvency proceedings mirrored this grim reality, often prioritizing swift liquidation over potentially life-saving company rescues. Recognizing the devastating consequences of this approach, the EA 2002 emerged as a beacon of hope, its mission: to cultivate a "rescue culture" ¿ a philosophy prioritizing the preservation of viable businesses and the jobs they provide. But did this legislative landmark truly deliver on its promise? This article delves deep into the heart of the EA 2002, dissecting the effectiveness of its reforms and, more importantly, advocating for further evolution in key areas to ensure a truly resilient and compassionate business landscape.

Essay from the year 2024 in the subject Law - Miscellaneous, grade: -, , language: English, abstract: Sovereign Wealth Funds (SWFs), currently wielding over $10 trillion in assets, navigate a complex legal landscape during cross-border investments (International Monetary Fund (IMF), 2023). This intricate tapestry, lacking explicit treaty protections and riddled with diverse domestic frameworks, exposes them to unique challenges (Deutser & Kotsch, 2022). This Article delves into this labyrinth, offering a critical analysis interwoven with practical solutions, sophisticated legal considerations, and an exploration of emerging technologies' impact. Recognizing the multifaceted nature of SWFs and the legal tapestry surrounding them, the analysis dissects existing frameworks' limitations (Fidler, 2019), proposes potential legal reforms and harmonized investment treaties (Drezner, 2022), and examines dispute resolution mechanisms for fostering trust (Schmitthoff, 2018). Exploring the applicability of customary international law (Cassese, 2010), emerging legal doctrines (Miles & Rajwani, 2023), and investor-state arbitration (Shearer & Grimmer, 2020), the Article navigates the evolving legal landscape. Further, it examines the impact of blockchain and artificial intelligence on SWF investments and legal frameworks (Chen & Lu, 2023). Ultimately, this Article aims to weave a more resilient tapestry of international investment protection for SWFs, promoting responsible investment, and economic growth, and safeguarding the interests of both SWFs and host countries.

Essay from the year 2024 in the subject Law - Miscellaneous, grade: -, , language: English, abstract: The "too big to fail" (TBTF) doctrine, where implicit or explicit government bailouts prop up systemically important financial institutions (SIFIs), has long been a subject of intense debate due to its profound legal, economic, and ethical implications. This Article examines the TBTF phenomenon, tracing its historical roots and dissecting its multifaceted impact on competition, systemic risk, and responsible risk-taking within the financial system. By meticulously analyzing domestic and international legal frameworks, regulatory challenges, and diverse stakeholder viewpoints, the Article provides a nuanced understanding of TBTF's complexities. Acknowledging the inherent dangers posed by TBTF, the Article proposes a multi-pronged mitigation strategy aimed at fostering a more resilient and sustainable financial system for all stakeholders. This strategy encompasses, amongst other things, refined resolution mechanisms, dynamic capital requirements, empowered regulators, responsible risk-taking incentives, and others. Furthermore, this Article emphasizes the need to address the root causes of TBTF. This includes empowering citizens through financial literacy initiatives to make informed investment decisions and redefining the purpose of finance to prioritize societal well-being over narrow profit motives. This multifaceted approach aims to build a more resilient, equitable, and sustainable financial system that serves the interests of all stakeholders, not just a select few. The Article concludes with a call to action, urging readers to engage in constructive dialogue and contribute their voices towards shaping a brighter financial future.

Essay from the year 2024 in the subject Law - Miscellaneous, grade: -, , language: English, abstract: The Salomon v Salomon & Co Ltd [1897] decision established the principle of separate legal personality, granting duly incorporated companies distinct identities from their owners. This landmark judgement hailed as a cornerstone of modern business, empowered companies to attract investment and expand through limited liability protections for shareholders. This "corporate veil" fostered economic growth and entrepreneurial spirit. However, concerns emerged about potential abuse and limitations on accountability. Unlimited liability shielded individuals from responsibility for their actions, potentially enabling injustice and even fraud. Recognizing these concerns, courts have developed exceptions to pierce the veil in specific situations, such as injustice, unfairness, agency, group enterprise, tax evasion, and concealment 'façade or sham'. Legislations, such as the Companies Act and Insolvency Act offer additional frameworks regarding fraudulent trading and wrongful trading. This Article critically analyzes the principle, exploring its benefits and drawbacks. It proposes reforms to address emerging issues, such as human rights abuses, environmental damage, and algorithmic bias while striving for a balance between promoting responsible corporate conduct and fostering a dynamic economy. Ultimately, this Article advocates for ongoing dialogue and nuanced solutions to ensure the principle serves the interests of businesses, investors, and society at large.

Essay from the year 2024 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, , language: English, abstract: Credit Rating Agencies (CRAs) remain pivotal gatekeepers in the financial system, yet their methodologies, conflicts of interest, and data security vulnerabilities have repeatedly sparked legal and regulatory challenges. This article, encompassing ten case studies including the global financial crisis, delves into these complexities. Beyond dissecting these legal battles, it examines the impact of evolving technologies like AI, blockchain, and Explainable Artificial Intelligence (XAI) on the CRA landscape. Exploring the European Union's General Data Protection Regulation (GDPR) and Central Bank Digital Currencies (CBDCs), the analysis navigates the intricate dance between innovation, legal compliance, and ethical considerations. It proposes a multi-pronged approach: fostering responsible practices, promoting competition, embracing risk-based regulation, and prioritizing data transparency and standardization. This multifaceted strategy aims to build a robust and resilient CRA ecosystem that upholds legal frameworks, safeguards consumer privacy, and fosters an inclusive financial future.