The Financial Services Authority’s (FSA) proposals to revise best execution obligations will involve an extensive departure from existing practices. In particular, achieving the…
Abstract
The Financial Services Authority’s (FSA) proposals to revise best execution obligations will involve an extensive departure from existing practices. In particular, achieving the ‘best price’ will no longer be paramount. Firms will have to factor into the best execution equation other direct and indirect costs of trading which are relevant to achieving ‘the best outcome’ or ‘quality of execution’ for the consumer. This will make the assessment far more complex. The existing timely execution rule, making immediacy of execution the benchmark, is likely to be scrapped, to be replaced by an obligation to deal at a time best calculated to deliver the desired result for the customer. The existing SETS ‘safe harbour’ may also be removed and there will be extensive new customer disclosure obligations in relation to firms’ execution policies and procedures, including information as to deal flow through potential individual execution venues, and execution specific disclosures of conflicts of interest. Firms will also be obliged to review at least annually their execution arrangements and make changes if in the interests of their customers, and the FSA proposes rigorous transaction monitoring obligations to ensure that the revised best execution requirements are being met in practice.
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The new single regulator for financial services, which acquires its main powers under the new Financial Services and Markets Act 2000, brings together nine regulatory and…
Abstract
The new single regulator for financial services, which acquires its main powers under the new Financial Services and Markets Act 2000, brings together nine regulatory and supervisory bodies operating under a broad range of existing statutory or contractual arrangements across all financial services sectors. In January 2000, the Financial Services Authority (FSA) published a policy report on its new approach to regulation, aimed at focusing its regulatory effort on the risks to its statutory objectives. The proposals rely to a significant extent upon a new risk assessment process, outlined in the paper, which is intended to identify those areas of greatest risk. The paper considers how the new approach is likely to be implemented and looks at the issues involved in applying a risk‐based approach consistently across the industry sectors. The paper includes a review of the supervisory arrangements adopted by four of the predecessor regulators.
David Capps, Simon Firth and Alix Prentice
The past year has seen a flurry of activity from the major international regulators around issues with a common theme: conflicts of interest. The Financial Services Authority…
Abstract
The past year has seen a flurry of activity from the major international regulators around issues with a common theme: conflicts of interest. The Financial Services Authority (FSA), the UK regulator, is no exception. On the sell side, the FSA has consulted twice in 2003 directly on conflicts of interest in the context of investment research and the issuance of securities, as well as making new rules in this area. On the buy side, the FSA shocked the fund management industry with its proposals to limit goods and services that can be bought with commissions and to limit the costs to customers’ funds of acquiring bundled and “softed” services, as well as less explicitly attempting to address conflicts in this area. The issues thrown up by these proposals are considered in this article.
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Evans LJ, Ward LJ, Mummery LJ and David Capps
In a 1999 Court of Appeal decision it was held that s.47 of the Financial Services Act 1986 (the Act) did not create a new, wider duty of disclosure than that already existing at…
Abstract
In a 1999 Court of Appeal decision it was held that s.47 of the Financial Services Act 1986 (the Act) did not create a new, wider duty of disclosure than that already existing at common law or in equity.
Lianne M. Lefsrud and Eero Vaara
Despite research on legitimacy, fairness, and justice, there is a paucity of knowledge of how moral legitimacy becomes institutionally constructed in relation to and between…
Abstract
Despite research on legitimacy, fairness, and justice, there is a paucity of knowledge of how moral legitimacy becomes institutionally constructed in relation to and between stakeholders – both evaluators and those evaluated, human or non-human, in time and space. To understand the microfoundations of these processes, the authors examine transcripts from Alberta oil sands regulatory review hearings and associated media coverage from the 1960s to present day. The authors find six framings of fairness that respond to broader challenges to the moral legitimacy of this industry, while also dynamically evolving its regulatory framework.
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Lianne M. Lefsrud, Heather Graves and Nelson Phillips
This study illuminates how organizational actors use images in their struggle to define a contested industry. By leveraging social semiotics and visual rhetoric, we examine how…
Abstract
This study illuminates how organizational actors use images in their struggle to define a contested industry. By leveraging social semiotics and visual rhetoric, we examine how multimodal texts (combining words and images) are used to label and reframe an industry using technical, environmental, human-rights, and preservation-of-life criteria. Building on theories of legitimation, we find that for this industry, contesting attempts at legitimacy work are escalated along a moral hierarchy. We offer an approach for examining how actors draw from broader meaning systems, use visual rhetoric in multimodal texts, and employ dual processes of legitimation and de-legitimation.
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Chika Ejike, Grace Lartey, Randy Capps and David Ciochetty
Refugees resettle in the USA every year to escape genocide, famine, civil wars and crises in their countries. The diverse cultural identities of the refugee population in…
Abstract
Purpose
Refugees resettle in the USA every year to escape genocide, famine, civil wars and crises in their countries. The diverse cultural identities of the refugee population in south-central Kentucky make it essential to research into their health-care usage patterns. The purpose of this study is to examine the health-seeking patterns of refugees in relation to their culture and the usage of available health services.
Design/methodology/approach
This is a descriptive correlational study that culled 110 refugees who completed self-administered or interviewer-administered semi-structured questionnaires. Questionnaires were translated into four different languages. T-tests and ANOVA assessed differences between variables.
Findings
Findings indicate that a demographic factor such as refugees’ nationality plays a role in both the access and use of health services [F (5, 98) = 4.29, p < 0.001]. Refugees’ beliefs and social factors such as acculturation (t = −2.03, p < 0.04) and having health insurance (t = −3.35, p <0.001) also affect the use of health services. The level of cultural competency of the health-care facility or provider as depicted by the presence of interpreters (t = 1.92, p < 0.05) was associated with increased use of the health services provided.
Research limitations/implications
The sample of refugees is only representative of the general refugee population in south-central Kentucky; hence, there is inadequate generalization.
Originality/value
Cultural diversity should be included in the health and policymaking debates that surround the refugee population of south-central Kentucky to ensure their well-being.
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Sonia Pedro Sebastiao and Isabel Soares
The concept of environmental diplomacy appears associated with events (conventions) promoted between states and transnational organisations to discuss aspects related to…
Abstract
Purpose
The concept of environmental diplomacy appears associated with events (conventions) promoted between states and transnational organisations to discuss aspects related to regulating the use of natural resources and regulating pollution. In this study, the authors intend to highlight the contribution brought to environmental diplomacy by leading television figure David Attenborough and his focus on the destruction of biodiversity by humans (the problem). It is intended to analyse the frames of his public interventions, comparing them with the prevailing frames in the UNFCCC policies.
Design/methodology/approach
A predominantly inductive method of qualitative and interpretative nature is used. In epistemological terms, the framing analysis stems from a social constructivist perspective. A theoretical model for frame analysis was defined by combining the frameworks proposed by Entman (1993) and Semetko and Valkenburg (2000) and considering previous studies (Anholt, 2015; Seelig, 2019). Analysis scrutinised a two-fold corpus comprising articles regarding actions and statements by David Attenborough published in The Guardian between 2018 and 2020, and the UN's legal framework for climate change.
Findings
The most prominent frames regarding climate crisis in transnational policies are responsibilities. Attenborough's calls for action highlight the frames of “morality”, “responsibilities” and “problems”. However, it is necessary to make a distinction between the discourse used in transnational treaties and that by Attenborough. In the former, discourse is more technical and impersonal, presented in a structure of legal diplomas and barely accessible to the public. In contrast, Attenborough's speech is more emotional, appealing and sometimes dramatic. His message is transmitted straightforwardly to the public in a pedagogical, personal tone.
Social implications
The choice of high-profile personalities like David Attenborough as ambassadors has implications in the visibility of the environmental cause, and in the multiplication of initiatives that denounce environmental degradation.
Originality/value
This study explores and analyses the narrative construct regarding climate change as carried out by a trusted and respected media voice. The authors intend to contribute to understanding the amplification role of public figures in controversial issues and diplomatic matters. The main contribution of this study is to highlight the strategic nature of the choice of SDA by political powers to voice the drama of climate emergency.
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David C. Wyld, Sam D. Cappel and Daniel E. Hallock
Years ago, Henry D. Lloyd defined religion as being the “conscience in action.” The concept of religion is one which is indeed completely individualised in both perspective and…
Abstract
Years ago, Henry D. Lloyd defined religion as being the “conscience in action.” The concept of religion is one which is indeed completely individualised in both perspective and importance. However, as Bailey (1983) observed, the very basis for theology lies in the explanatory power of religion when examined through the perspective of psychology. Byron (1988) saw a theological basis to the functions of management and entrepreneurship, linking these activities to the religious duty of stewardship.
Airports are crucial channels of mobility for the global citizens of the twenty‐first century. They are points of entry and exit for tourists, business persons, workers, students…
Abstract
Airports are crucial channels of mobility for the global citizens of the twenty‐first century. They are points of entry and exit for tourists, business persons, workers, students and of course, for some refugees as well. The scale of operations is huge ‐ international passenger travel increased twelve‐fold in the second half of the twentieth century (Urry, 2000: 50) and the vast majority of this is accounted for in air travel. In the USA alone there are two million daily airtravelers on 20,000 flights (Gottdiener,2001: 1). Airports are ‘placeless’ sites of temporary sojourn, air‐lock chambers for nomadic executives or sun‐seekers. But they have profound social and political significance, particularly in personal data handling.