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This first book of its kind discusses in particular the role of investor protection as regards disclosure when issuers are offering securities to the public, with full descriptions of the securities markets and stock exchanges in seventeen Arab jurisdictions. In two interrelated parts it examines both the regional macroeconomic matrix and a detailed case study (that of Jordan) in order to analyse the development and characteristics of an Arab regulatory model. Among the important issues and topics arising in the course of the analysis are the following: relevance of international regulatory standards to Arab securities markets; mandatory versus voluntary securities disclosure; the fundamentals of the Islamic financial system, role of riba and gharar, nature and impact of Shari’a’s unquantifiable juridical risks on the modus operandi of Arab securities markets; macroeconomic adjustment policies and structural adjustment programmes in several Arab countries; recent economic and Arab capital markets impact in the wake of the ‘Arab Spring’; extent of different countries’ reliance on Shari’a as a constitutional source; constitutional challenges to the imposition of interest; the need for the positive law to compel securities disclosure under Shari’a; shareholders’ remedies when suing for fraud or negligent misstatements; liability for misleading or inaccurate disclosure (under the general law of the UK and a selected Arab jurisdiction); prospectus liability under the statutory regime of the UK and an Arab regulatory regime; bars to rescission of contract: Comparative UK and Shari'a aspects; and Arab, UK regulatory agencies' enforcement, prosecutorial, administrative and civil remedies. The author closely examines various instruments deployed for conveying securities disclosure and dissemination of information, and looks extensively at relevant rulings as enunciated by an Arab court of cassation. He then constructs a model of an effective securities disclosure regime in order to provide better investor protection for shareholders under Shari’a. 'Among the strengths of Dr Lu’ayy Minwer Al-Rimawi’s book is the fact that at all times he adopts a comparative approach, not only as between different Arab systems, but also with an appreciation of the legal position in the UK and the European Union and elsewhere’ [The Hon. Mr Justice Sir William Blair Q.C., High Court Judge in the UK and Chairman of the Qatar Financial Centre Regulatory Tribunal]. As the first in-depth discussion of the regulation of Arab capital markets in English, with an eye to international standards and the policy issues involved – and with attention focused on the central question of how the law can properly protect investors – this book will commend itself to all those with an interest in securities markets in the Arab world.
IFC Discussion Paper No. 39.During the period 1980-95, the level of activity increased dramatically for funds raised domestically via issues of debt and equity securities in public capital markets in 32 countries. There were also substantial differences in the level of activity across markets and countries. This paper examines aggregate domestic primary capital market activity in a cross section of countries, including 24 emerging markets. It defines exactly how important a role financial markets have played in raising capital for investment.In this pioneering work, the authors compile aggregate data on primary market activity for a recent period of time, which allows them to quantify the size of the markets and how they have evolved over time. Through their analysis, the authors document the rapidly increasing importance of primary capital markets in many developing countries, where, relative to GDP, these markets now source as much private capital as their developed country counterpart.
The Future of Domestic Capital Markets in Developing Countries addresses the challenges that countries face as they develop and strengthen capital markets. Based on input from the world's most prominent capital market experts and leading policymakers in developing countries, this volume represents the latest thinking in capital market development. It captures the views of a global gathering of experts, with perspectives from developing and developed countries, from all regions of the world, from the public and private sector. This volume should be of interest to senior financial sector policymakers from developed and developing countries in securities and exchange commissions, regulators, central banks, ministries of finance, and monetary authorities; private sector executives in stock exchanges, bond markets, venture capital markets, and investment funds; and researchers and academicians with an interest in capital market development in emerging markets. What are the key factors threatening the development and survival of stock exchanges in developing countries? What domestic strategies are needed to protect the future of local markets? Should exchanges consider linkages or alliances? Merging with, or buying up, other exchanges? Demutualization? The volume provides practical guidance on strategies such as nurturing issuers, improving rules and institutions, addressing regulatory challenges, and sequencing reforms. The contributors address a variety of country experiences, and suggest steps that policymakers and practitioners in emerging markets can take to promote an orderly transition toward efficient, well-regulated, and accessible capital markets. Contributors include Reena Aggarwal (Georgetown University), Alexander S. Berg (World Bank), Alan Cameron (Sydney Futures Exchange), Olivier Fremond (PSACG), Amar Gill (Credit Lyonnais Securities Asia), Gerd Hausler (IMF), Jack Glen (International Finance Corporation), Peter Blair Henry (Stanf
Since 1964, Brazilian policy-makers have actively promoted financial market growth through a combination of more traditional interest rate liberalization schemes (indexing) and the creation of institutions which did not exist or restructuring those which did not function in an efficient way. This book traces the evolution of the Brazilian capital markets before and after the 1964-66 reforms and evaluates their role in economic growth and stability. The main conclusion of the study is that Brazil's experience with financial market development was a qualified success. Although the resulting strong financial market helped Brazil avoid the large capital flight experienced by its neighbors in the Southern Cone, the working relationships which developed over this period have become significant barriers to the achievement of economic growth and stability.
Markets in Third World countries are growing rapidly and in the next several decades will offer tremendous business opportunities. Firms aspiring to be a part of this growth must establish their presence in these markets today or lose the opportunity forever. Market Evolution in Developing Countries illustrates how these markets are likely to evolve as mass markets along the lines of advanced nations and examines conditions that affect this evolution. The author develops a model of market evolution based on a general overview of all evolving markets which is then applied and thoroughly discussed with reference to India, a burgeoning market of some 200 million people. Through a conceptual framework of market evolution, this groundbreaking book describes how markets at various stages of development offer different opportunities and thus require different strategies for success. Author Jain outlines strategic moves that American businesses may make to capitalize on such opportunities. He also covers information on policy initiatives developing countries themselves can take to help in the smooth evolution of their markets and specific steps leaders of these countries may take to enable greater growth in their markets. While Market Evolution in Developing Countries uses India as a case study, the strategies for doing business successfully there are equally relevant and easily adaptable for use in other developing countries. Some of the many topics addressed include India’s government and politics, corporate environment, international competitiveness, and changing market behavior, as well as U.S. direct investment in India, Indo-U.S. business relations, and political-legal differences between the U.S. and India. This informative guide also contains a brief historical overview of India, a profile of a middle-class Indian family, and a handy section of cultural tips and other advice for business persons traveling to India to help them cope with business negotiations there. In a readable style, this book provides comprehensive information for all business professionals interested in the vast opportunities available in many Third World countries. Market Evolution in Developing Countries is ideal for international business executives and consultants who wish to review opportunities in these countries and learn how to take advantage of them effectively. It is a basic resource on economic opportunities in developing countries.
Abstracts of dissertations available on microfilm or as xerographic reproductions.
Back in the early 1990s, economists and policy makers had high expectations about the prospects for domestic capital market development in emerging economies, particularly in Latin America. Unfortunately, they are now faced with disheartening results. Stock and bond markets remain illiquid and segmented. Debt is concentrated at the short end of the maturity spectrum and denominated in foreign currency, exposing countries to maturity and currency risk. Capital markets in Latin America look particularly underdeveloped when considering the many efforts undertaken to improve the macroeconomic environment and to reform the institutions believed to foster capital market development. The disappointing performance has made conventional policy recommendations questionable, at best. 'Emerging Capital Markets and Globalization' analyzes where we stand and where we are heading on capital market development. First, it takes stock of the state and evolution of Latin American capital markets and related reforms over time and relative to other countries. Second, it analyzes the factors related to the development of capital markets, with particular interest on measuring the impact of reforms. And third, in light of this analysis, it discusses the prospects for capital market development in Latin America and emerging economies and the implications for the reform agenda.