Implementing new financial regulation: actuaries and UK with-profits funds

One feature of the UK Financial Services Authority's (FSA) approach to regulation is the involvement of private actors in the regulatory process. This paper explores the introduction of ‘Principles and Practices of Financial Management’ (PPFM) for the management of with-profits funds of UK life insurers, and reports the experience of actuaries as private actors having a key role in implementing the FSA's PPFM framework. Actuaries reported experiencing considerable challenges in implementing the PPFM framework and, while accountability had increased, actuaries expressed scepticism about the ability of consumers and policyholders to make use of the increased amount of publicly available information.     

Can the “Single Point of Entry” strategy be used to recapitalize a systemically important failing bank?

The Single Point of Entry (SPOE)—the FDIC strategy to implement its new Dodd–Frank Orderly Liquidation Authority (OLA)—promises to reduce the financial market turmoil caused by the failure of a large complex financial institution by using parent holding company resources to recapitalize its large failing subsidiary banks. We identify legal and financial impediments that may prevent the use of a SPOE strategy for this purpose. Dodd–Frank does not authorize bank recapitalizations through SPOE or otherwise, and the OLA cannot be invoked unless the failure of a subsidiary puts the parent in danger of default. The imprecise legislative language that authorizes OLA creates a new source of systemic risk. Regulations required to operationalize SPOE will require bank holding companies to issue a substantial volume of new subordinated debt, increasing these institutions’ leverage and financial fragility. Unless the Dodd–Frank Act is amended, OLA could well magnify and not reduce market instability in the next financial crisis.     

制度创新遏制行政不作为

行政的关键在于"行".而当今社会,行政不作为却成为行政执法中的"幽灵".从理论上廓清行政不作为的形成原因,从实践上扫除行政不作为的恶劣表现,对于强化中央权威,推进科学发展观的进一步实现意义重大.本文在对行政不作为的形成原因作简要概述之后,重点讨论如何通过制度创新来有效遏制行政不作为.     

SeMS and sensibility: Security management systems and the management of risk in the Canadian Air Transport Security Authority

Following International Air Transportation Association requirement for all member airlines and airports to have a security management system (SeMS) beginning 1 March 2007, many organizations are looking to learn from safety and quality management systems. Without specific guidelines or best practices, organizations are forced to imitate these processes designed for different goals. Since safety, quality, and security environments operate on radically different principles, SeMS implementation must take a different tack. The case of the Canadian Air Transport Security Authority illustrates the importance of a custom-designed program that meets public and corporate needs. The Authority is responsible for security screening of passengers, non-passengers, and baggage within selected airports. As a crown corporation with a precise statutory mandate and regulatory environment, the development of a SeMS illustrates some of the key problems for the application of SeMS to larger organizations.     

The dark side of organizational improvisation: Lessons from the sinking of Costa Concordia

High-reliability organizations operate in highly regulated sectors in which the main concern is ensuring the safety of people and goods. Despite high levels of formalization, organizations have to be sensitive to contingent situations and ready to face the unexpected, so the role of the people in command remains crucial. When unanticipated events and contingencies arise, organizational improvisation comes into its own. Improvisation is the deliberate fusion of design and execution in a novel production entailing the cognitive, rational, and event intuitive interpretation of prescribed rules and standards of conduct at various levels of aggregation. Standardization and improvisation are often represented as two conflicting demands rather than as necessarily interdependent; hence, the possible presence of improvisation in high-reliability organizations has been left underexplored. While most of the extant studies on improvisation have stressed the wisdom of improvised choices, not all improvisations are so successful. In this article we illuminate the dark side of organizational improvisation by analyzing the notorious case of the sinking of the Costa Concordia. The case shows how conformity to the formal adoption of standards and compliance to them can provide a shelter under which impromptu adaptation can be pursued, expressing the negative side of improvisation.     

US imperialism in action: An audit-based appraisal of the Coalition Provisional Authority in Iraq

This paper drawing from audit reports reflects upon the post-Iraq war administration the Coalition Provisional Authority (CPA). It argues that the CPA's compliance with basic levels of decent public administration were akin to Guantanamo's compliance with basic levels of natural justice. The audit reports demonstrate that the CPA was a chaotic administration which spent billions without proper controls or procedures and left precious Iraqi oil revenues open to fraudulent acts. The CPA failed to comply with its obligations under UN resolutions. It identifies the geopolitical/economic implications of the US government which was partly motivated by economic concerns but it was also motivated by political concerns—the imposition of US hegemony. It then turns to the broader economic imperatives of the falling rate of profit and the imposition of neoliberalism (market fundamentalism).     

Deregulating the electricity industry in Nigeria: Lessons from the British reform

The Federal Republic of Nigeria has set out the modalities for launching a competition policy regime in its electricity industry in 2006. By analysing the factors that may inhibit a smooth transition to contestable regimes in generation (commodity and capacity) and in supply (metering, billing and customer services), this paper lays the foundation for the policy advisors to begin to re-think whether unbundling and deregulation is the best way for Nigeria to improve power supply. The paper concludes that, consistent with some of the other countries in sub-Saharan Africa, implementing a hastily convened competition policy will be a huge transaction cost, and one that will yield the country very little (if any) economic benefit.     

Taking notice of risk culture – the regulator’s approach

Following the financial crisis and a series of mis-selling and ‘rigging’ scandals in the financial services, organisational culture, and particularly the risk culture of organisations, has come to be regarded as a key issue for both financial firms and their regulators This paper considers the extent to which regulatory published notices, ‘Final Notices’ (FNs), relating to breaches of the regulatory Handbook, are able to provide lessons, or pointers, in the development of ‘appropriate’ cultures. By undertaking a qualitative content analysis of all the FNs in 2012, we examine the extent to which FNs draw attention to issues of culture, and to the regulator’s analysis of the drivers of culture published as part of its treating customers fairly (TCF) initiative. The analysis finds that, although not easy to extract, there are important learning points in FNs relating to organisational culture, and in particular to the factors driving behaviours and outcomes that are signs of poor culture. This paper suggests that, whilst it may not be for a regulator to dictate firms’ culture, it could do much more to make use of the content of FNs as a learning tool for firms; particularly in the context of its cultural framework for TCF. This would support the ‘outcomes-based’ approach being espoused by the UK’s regulators.     

Commercialisation and airport performance: The case of Ireland's DAA

Airport performance has been the subject of an increasing volume of empirical research in recent years. This paper bridges a gap in the existing literature through an in-depth case study analysis of the process of commercialisation in the Dublin Airport Authority (DAA), Ireland's state-owned airport company, and the corresponding impact on performance over the 1994–2014 period. We use a model of commercialisation to examine changes in the DAA's internal and external environments that show evidence of a more commercial focus. The DAA's economic performance is then analysed using total factor productivity (TFP) and labour productivity indicators, as well as basic financial indicators. Our analysis highlights the significant internal and external changes experienced by the DAA over the past two decades that have driven a continuous process of commercialisation. While TFP growth was positive or stable in half of the years that we examined, the overall level of TFP declined over our timeframe of analysis. Much of this decline was due to two considerable programmes of investment in long-lived infrastructure assets where a return in the short-term would not be expected.