DEVELOPMENT OF ENVIRONMENTAL LIABILITY RISK MANAGEMENT AND INSURANCE IN THE UNITED STATES: LESSONS AND OPPORTUNITIES

Abstract: The United States has the most developed system of environmental laws and regulations in the world. Not surprisingly, its systems for managing and insuring environmental risks are also the most evolved. Lessons can be learned from examining systems in the United States, particularly their considerable problems. The purposes of this paper are (1) to examine the development of U.S. environmental liability risk management and insurance systems, and (2) to present potential opportunities in this area for risk financing groups and other countries.     

AN ECONOMIC APPRAISAL OF SECURITIZING INSURANCE RISK VIA ONSHORE SPECIAL PURPOSE VEHICLES

ABSTRACT: The increased risk from natural disasters in the United States has prompted innovations in alternative forms of risk transfer and financing. Among the mechanisms that have been developed are Special Purpose Reinsurance Vehicles (SPRVs) designed to hold and segregate funds supporting a risk securitization. SPRVs have been principally formed outside the United States for tax and regulatory reasons. The National Association of Insurance Commissioners (NAIC) and the states are considering proposed model legislation that will facilitate the formation of SPRVs in the United States. Proponents also will be seeking federal tax legislation that will facilitate onshore securitization. This article examines important economic and tax issues involved with onshore SPRVs. The authors conclude that properly regulated onshore securitization vehicles could aid the diversification of high-layer catastrophe risks and other risks with similar characteristics. The proposed tax changes may create a modest inequity between special purpose vehicles and traditional reinsurers, depending on one's perspective. However, if governed by an appropriate tax and regulatory framework, onshore securitization used for appropriate purposes should benefit consumers and not erode the demand for conventional reinsurance for the types of risks it is best suited to manage.     

Industrial chemical regulation in the European Union and the United States: a comparison of REACH and the amended TSCA #

Abstract

In June 2016, after decades of debate, the U.S. Congress enacted a major revision to the Toxic Substances Control Act (TSCA) of 1976, the U.S. regulatory law applicable to industrial chemicals. It has been theorized that Europe may seek to export its stricter environmental standards under REACH to the United States. Thus, it is interesting to examine whether the environmental, health, and safety practices – including the values – found in REACH impacted the TSCA reform debate in the U.S. We chose to focus the comparison on the following issues that were central features of REACH: responsibility to develop safety data, priorities for safety assessments, definition of the safety standard, restrictions on chemical use, and preemption of regulatory activity by lower levels of government. There are three major findings. First, the U.S. did not implement the EU’s solution of putting the burden of data generation, risk assessment, and risk management on the industry. Second, REACH is more precautionary in its design than the amended TSCA. Third, the new U.S. law is generally less strict than REACH in their requirements on industry, though it is also less preemptive of lower levels of government than REACH is. Moreover, the U.S. retains a common law approach to chemical-induced injury that is more punitive of industrial errors than is European Union law. The EU’s attempt to export REACH regulation failed in the case of U.S.A., as the U.S. Congress did not reform TSCA based on the REACH model. We conclude that, although the problems identified prior to the enactment of REACH were similar to those identified in the U.S., REACH’s key principles and elements were not adopted in the U.S.     

The Perfect Storm: Hurricanes, Insurance, and Regulation

The intense hurricane seasons of 2004 and 2005 caused considerable instability in property insurance markets in coastal states with the greatest problems occurring in Florida and the Southeast. Insurers have substantially raised rates and decreased their exposures. While no severe hurricanes struck the United States in 2006 and 2007, market pressures remain strong given the high risk still facing coastal states. These developments generate considerable concern and controversy among various stakeholder groups. Government responses have varied. In Florida, political pressures prompted a wave of legislation and regulations to expand government underwriting and subsidization of hurricane risk and constrain insurers' rates and market adjustments. Other states' actions seem more moderate. In this context, it is important to understand how property insurance markets have been changing and governments have been responding to increased catastrophe risk. This article examines important market developments and evaluates associated government policies. We comment on how regulation is affecting the equilibration of insurance markets and offer opinions on policies that are helpful and harmful.     

The Public Pension Reform Debate in the United States and International Experience

This article describes the recent debate on Social Security in the United States. To provide some perspectives on the U.S. system, comparisons with public pension systems in other countries are made throughout the article. The article is organized as follows. The first section discusses financing problems in the U.S. Social Security system. Following this, the U.S. Social Security system is described. Options for fixing public pension systems are discussed next. The topic of individual accounts appears in its own section.     

Tax risk management and the multinational enterprise

The financial scandals in the United States and other countries ushered in financial reporting and corporate governance reforms that extend beyond the U.S. Sarbanes-Oxley Act of 2002 (SOX). These initiatives have increased the international financial community's awareness of the importance of risk management and internal controls. Tax risk management and related internal controls have been accorded less focus than risk management generally. The purpose of this research is to describe the current state of tax risk management of multinational enterprises (MNEs) by reporting survey responses from chief financial officers (CFOs) of U.S. and non-U.S. MNEs. The research shows that significant progress has been made by large MNEs in developing and implementing both general and tax risk management policies. The results provide guidance in identifying the loci and impact of organizational tax risk and indicate that respondents do not perceive alarming degrees of tax risk in their organizations. The study reveals a remarkable degree of similarity in U.S. and foreign firm responses and demonstrates, unexpectedly, that existing reporting structures enable CFOs to shift a significant degree of tax risk management to heads of tax.     

Taper Tantrum and Emerging Equity Market Slumps

In the post-global financial crisis period, the central banks of the advanced economies pursued unconventional monetary policies, such as the United States (U.S.) Federal Reserve’s quantitative easing (QE). Those policies and their unwinding may significantly affect cross-border capital flows and thus destabilize the financial systems of emerging markets. For example, emerging markets experienced substantial financial instability during the taper tantrum triggered by U.S. Federal Reserve Chairman Ben Bernanke’s May 2013 announcement of the potential unwinding of QE. In this article, we examine the spillovers from the taper tantrum on emerging markets more rigorously by using econometric analysis to empirically assess the effect on equity markets in emerging markets. Our central finding that virtually all emerging-market equity markets were affected by the taper tantrum highlights the need for emerging-market authorities to remain vigilant about the effects of advanced-economy monetary policies on their financial stability.     

Enforced Standards Versus Evolution by General Acceptance: A Comparative Study of E-Commerce Privacy Disclosure and Practice in the United States and the United Kingdom

We present data on privacy practices in e‐commerce under the European Union's formal regulatory regime prevailing in the United Kingdom and compare it with the data from a previous study of U.S. practices that evolved in the absence of government laws or enforcement. The codification by the E.U. law, and the enforcement by the U.K. government, improves neither the disclosure nor the practice of e‐commerce privacy relative to the United States. Regulation in the United Kingdom also appears to stifle development of a market for Web assurance services. Both U.S. and U.K. consumers continue to be vulnerable to a small number of e‐commerce Web sites that spam their customers, ignoring the latter's expressed or implied preferences. These results raise important questions about finding a balance between enforced standards and conventions in financial reporting. In the second half of the 20th century, financial reporting has been characterized by both a preference for legislated standards and a lack of faith in its evolution as a body of social conventions. Evidence on whether this faith in standards over conventions is justified remains to be marshaled.     

Comparing precaution in the United States and Europe

The regulation of health and environmental risks has generated transatlantic controversy concerning precaution and the precautionary principle (PP). Conventional wisdom sees the European Union endorsing the PP and proactively regulating uncertain risks, while the United States opposes the PP and waits for evidence of harm before regulating. Without favouring either approach, this paper critically analyses the conventional depiction of transatlantic divergence. First, it reviews several different versions of the PP and their different implications. Second, it broadens the transatlantic comparison of precaution beyond the typical focus on single-risk examples, such as genetically modified foods. Through case studies, including hormones in beef and milk production and mad cow disease in beef and in blood donations, as well as reference to a wider array of risks, the paper demonstrates that relative precaution varies enormously. Sometimes the EU is more precautionary than the US (such as regarding hormones in beef), while sometimes the US is more precautionary than the EU (such as regarding mad cow disease in blood). Thus, neither the EU nor the US can claim to be categorically 'more precautionary' than the other. The real pattern is complex and risk-specific. Third, the paper seeks explanations for this complex pattern in five sets of hypotheses: optimal tailoring on the merits, political systems, risk perceptions, trade protectionism, and legal systems. None of these hypotheses fully explains the observed complex pattern of relative transatlantic precaution. The paper concludes that differences in relative precaution depend more on the context of the particular risk than on broad differences in national regulatory regimes.     

An Empirical Examination of Cash Flow Measures

In recent years in the United States and Canada, there has been an increasing interest in cash flow reporting and a strengthening belief that information on cash flows is valued in the marketplace. However, little research has been devoted to the issue. Regulatory bodies in the U.S. (Financial Accounting Standards Board) and Canada(Canadian Institute of Chartered Accountants) require that an enterprise should disclose separately cash flows from operating, financing and investing activities in their cash flow statements. The data in the cash flow statements are expected to help investors assess the firm's liquidity, financial flexibility and risk. On the other hand, the British Accounting Standards Committee (ASC) does not require a statement of cash flows. This study employs a cross-sectional equity valuation model to examine the association of cash flows from operating, financing and investing activities with security prices. A sample of 403 U.S. firms is used for the ten-year period of 1976–85. The results of this study indicate that there exists a strong association between the various cash flow components included in the cash flow statements and the market value of the firm.     

美欧规制大型科技企业不正当竞争行为举措简析

近几年,美欧围绕搜索引擎、社交媒体、在线零售服务等领域,聚焦垄断、侵犯数据隐私、规避税款等问题,频频对谷歌、苹果、脸书、亚马逊等科技巨头开展调查.近期,为维护消费者等利益相关方合法权益,促进市场公平竞争,美欧加紧推进立法,明确在线平台责任,加大对科技巨头规制力度.本文分析了美欧针对大型科技企业采取的相关规制举措,指出由于科技巨头商业模式复杂隐蔽,以及监管立场差异性,美欧相关规制措施成效仍有待观察.鉴于我国数字经济整体仍处于大而不强阶段,不宜照搬美欧监管模式,而应平衡规范与发展二元目标,既要加强规制,坚决反对垄断和不正当竞争行为,又应支持数字经济发展壮大,推动平台经济、共享经济平稳健康发展.     

Recent Changes in the Regulation of Financial Markets and Reporting in Canada*

The regulation of financial reporting and financial markets has undergone significant change in both the United States and Canada since 2000. In Canada, the regulatory regime is particularly complex and politically controversial, with much speculation about possible future directions. This paper's purpose is to explain the current regulatory environment as it stands in mid‐2006 to assist those who teach or conduct research in this domain. On the basis of a review of existing regulations and related studies, this paper first provides an explanation of the major jurisdictional issues that affect financial reporting and regulation in Canada, including identifying the roles of the key players. Second, it identifies specific reporting changes that might be of particular relevance to prospective capital market researchers. Where relevant, comparisons are made with regulatory provisions in the United States, because the majority of capital markets research concerns U.S. securities exchanges regulation, and the Canadian regulations themselves often refer to U.S. regulations as a point of comparison. We find that the lack of a single national securities regulator in Canada and overlaps in federal and provincial jurisdiction and among regulatory bodies mean there is a large range of players involved in financial markets regulation. Ongoing efforts to improve integration include the new passport system, improved harmonization of securities regulation, and consideration of mergers between some of the involved organizations. Other changes have led to a greater emphasis in Canada on the regulation of continuous disclosure and corporate governance than was previously the case. Changes in specific reporting regulations and guidelines since 2002 have generally increased the amount of disclosure.     

How Do Capital Structure Policies of Emerging Markets Differ from Those of Developed Economies? Survey Evidence from Korea

We examine the capital structure policies of Korean firms using survey data for business group (chaebol) firms and independent firms. Our results are compared with findings in earlier studies for developed economies: Graham and Harvey (2001) for the United States and Brounen et al. (2004, 2006) for Europe. Korean chief financial officers are concerned about financial flexibility and volatility of earnings when issuing debt; they are concerned about target debt ratio maintenance and recent stock price increases when issuing equity. In contrast to independent firms, chaebol firms are more concerned about differences in corporate tax rates between foreign and domestic markets and the risk of refinancing in bad times. Chaebol firms are less likely to issue debt when faced with insufficient internal funds, which indicates that active internal capital markets are at work among the firms in a business group. Our results suggest that, compared to U. S. and European firms, Korean firms are under more pressure from their peers in formulating capital structure policies, consider equity a cheap source of financing, are less concerned with the dilution of earnings per share, and less frequently provide shares to employees as compensation.     

Earnings conservatism: panel data evidence from the European Union and the United States

This paper focuses on earnings conservatism, and provides new evidence based on procedures that account for variability at the firm level, drawing a comparison between the European Union and the United States. A key finding is that the estimated responsiveness of earnings to bad news is substantially higher when unobserved firm-specific effects are modelled. Furthermore, it is shown that accounting has become more conservative not only in the U.S. but also in the EU when taken as a whole, and there is little evidence of marked differences in the asymmetric timeliness of earnings between the two. Indeed, any changes in this property of earnings are likely to be attributable to a common factor that influences firms similarly in both locations, and not necessarily to the process of economic convergence that has taken place in the EU.     

美欧场外衍生品交易监管的制度改革

危机后美欧均将加强场外衍生品交易监管作为金融监管改革的一个重要领域，2014年以来纷纷加快了改革进度。在此背景下，本文对美欧场外衍生品交易监管改革的政策内容进行专题研究，分析了其在加强集中清算、严格风险防控措施、强制信息列报等方面的主要监管要求，并探讨了其对于国内金融机构衍生品业务发展的启示。     

保险公司破产的国际经验与借鉴

本文结合国外保险公司破产的具体案例,综合分析了保险公司破产的原因,这些原因既有保险公司内部的原因,也有外部的竞争和经济环境因素,而这些破产的历史教训是预防保险公司破产、及时甄别出有破产风险保险公司的宝贵经验。本文还介绍了英国、美国和日本的保险监管措施,以及RBC、IR IS、FAST、动态财务分析四种偿付能力监管系统。最后总结了国外保险公司破产对我国的启示。     

Are U.S. Multinational Corporations Becoming More Aggressive Income Shifters?

This paper examines income shifting of U.S. multinational companies over the past two decades. Domestic and foreign policy makers are increasingly concerned with the effect of income shifting on dwindling tax revenues, however, extant research on income shifting by U.S. multinational enterprises is mixed. We address the disconnect between the academic literature and the policy maker's perceptions by examining the extent of multijurisdictional income shifting by U.S. multinational companies. We directly address conflicting results in extant literature and show that using either multiperiod proxies or instrumental variables overcomes weaknesses of annual proxies in this setting. Our tests show that U.S. companies have become more active at shifting income out of the United States as the regulatory costs of shifting have changed. Holding tax rate differences between U.S. and foreign jurisdictions constant, our empirical estimates suggest that our sample of 380 corporations with low average foreign tax rates collectively shifts approximately $10 billion of additional income out of the United States annually during 2005–2009 relative to 1998–2002 due to varying regulatory costs of shifting.     

Single-payer health care systems: the roles and responsibilities of the public and private sectors

Health care systems all over the world are experiencing some change as they look for a new balance between supply and demand. This article provides context for the U.S. health care financing debate by examining the health care systems of five other countries: Canada, the United Kingdom, Australia, China and India. The authors show that, with few exceptions, countries around the world have seen an increase in both government and private health care spending between 1998 and 2002. The authors also demonstrate that employers throughout most of the world are becoming more, rather than less, involved in the funding and delivery of health care to employees and their dependents-even among nations with so-called single-payer health systems.     

REGIME CHANGES IN STOCK RETURNS

This paper studies three sources of instability in parameter estimates of stock return models (1) time-varying expected mean returns, (2) time-varying return volatility and (3) changing institutional factors. We model United States stock returns as a function of a constant expected return and financing costs resulting from an institutional feature, delayed delivery. We examine two eight-year periods and find that both contain a regime shift driven by an abrupt change in volatility. The first occurs during an international monetary crisis amid important Watergate developments. The second is on the first trading day after the reappointment of Paul Volcker as the chairman of the United States Federal Reserve Board.     

The role of transparency in regulatory governance: comparing US and EU regulatory systems

The United States and European Union have focused on improving the practices used to develop and implement legal requirements as a way to improve the quality of regulations themselves. Transparency in the regulatory process, from determining regulatory goals, to evaluating alternative means to achieve those goals, to enforcing regulatory requirements, features high on the agenda of cross-cutting government reform programs that address the issue of ‘regulatory quality.’ This article examines the transparency of procedures in the US and the EU related to impact analysis and public comment. It examines the importance of transparency for ensuring the effectiveness of these two regulatory practices, summarizes regulatory procedures in the US and the EU, compares the different approaches, and highlights the relative merits of each.