原文1:Market Volatility and Perception of Risk
Experts highlighted the plight of CDDCs, particularly those in sub-Saharan Africa. It was pointed out that volatile markets have made it difficult for these countries to benefit from globalization. The reasons outlined included rent-seeking behaviour, weak institutions and weak macroeconomic management, which have increased the vulnerability of several countries to the Dutch disease. The underperformance of these economies could also be attributed to the failure of the prevailing international economic system to resolve outstanding commodity-related problems, in particular ensuring that trade takes place on a much more level playing field.
One expert stated that the issue is not of volatility, per se, but of “excess” volatility and the degree to which this places pressure on the most vulnerable. It was suggested that countries could become less vulnerable by reducing exposure to price fluctuations by improving market intelligence and forecasting, risk management and regional economic integration. Countries could also become more resilient to volatility by implementing measures such as “just in time'" delivery, building foreign exchange reserves and identifying new markets or moving up the value chain.
Experts pointed out that it is important to analyse the impact of the financialization in commodity markets in order to take stock of the effects it had on the efficiency of the commodity markets and examine why markets behaved irrationally, so that lessons can be drawn from this. It was observed that traders in financial markets are making more money at the expense of poor farmers.
Experts suggested ways to manage market risk by proposing regulatory measures to control speculation. Proposals included applying controls on aggregate contract position limits, increasing transparency in some futures markets, assessing margin requirements and looking at the effectiveness of some market-based instruments. However, it was pointed out that markets should work “holistically'" to ensure that tradable risk management instruments are effective.
译文1:市场波动和风险认识
专家们强调了依赖初级商品出口的发展中国家的困境,特别是在撒哈拉以南非洲的那些国家的困境。他们指出,因市场波动,这些国家很难从全球化中受益。专家们所概括的原因包括寻租行为、机构薄弱、宏观经济管理薄弱等。这些原因都促使好几个国家更容易遭受“荷兰病”之害。这些国家经济表现不佳,也可归因于目前的国际经制度未能解决与初级商品有关的现存问题,特别是未能保障在更为公平的竞争条件下进行贸易。
一位专家说,问题不在波动本身,而是在于波动的“过分”性质,在于这种波动给最脆弱的经济体造成的巨大压力。这位专家提到,各国可以通过改善市场情报和预测工作,加强风险管理以及区域经济一体化,少受价格波动的影响,减少脆弱性。各国还可以通过其他措施提高抵御波动的能力,如实施“按时交货”等措施,建立外汇储备,寻找新的市场或提升在价值链中的位置。
专家们指出,有必要分析初级商品市场的金融化所产生的后果,以查明这种现象对于初级商品市场的效率的影响,并分析为何市场出现非理性行为,从而能够吸取这方面的教训。有的专家指出,金融市场的交易员赚钱很多,而为此遭受损害的是那些贫苦的农民。
专家们提议设法通过监管措施控制投机活动,从而对市场风险加以管理。具体措施包括:对持有的合约总量规定限制,提高一些期货市场的透明度,评估保证金要求,审查一些基于市场的工具是否有效。然而有的专家指出,市场应当以“整体的”方式发挥作用,以确保可交易的风险管理工具发挥效用。
原文2:Law of Embezzlement
Embezzlement is the act of dishonestly appropriating or secreting assets, usually
financial in nature, by one or more individuals to whom such assets have been entrusted. For instance, a clerk or cashier handling large sums of money can embezzle cash from his or her employer, a lawyer can embezzle funds from clients' trust accounts, a financial advisor can embezzle funds from investors, or a spouse can embezzle funds from his or her partner.
Embezzlement may range from the very minor in nature, involving only small amounts, to the immense, involving large sums and sophisticated schemes. More often than not, embezzlement is performed in a manner that is premeditated, systematic and/or methodical, with the explicit intent to conceal the activities from other individuals, usually because it is being done without their knowledge or consent. Often it involves the trusted person embezzling only a small proportion or fraction of the funds received, in an attempt to minimize the risk of detection. If successful, embezzlements can continue for years (or even decades) without detection. It is often only when the funds are needed, or called upon for use, that the victims realize the funds or savings are missing and that they have been duped by the embezzler.
Embezzlement differs from larceny in two ways. First, in embezzlement, an actual conversion must occur; second, the original taking must not be trespassory. To say that the taking was not trespassory is to say that the person(s) performing the embezzlement had the right to possess, use, and/or access the assets in question, and that such person(s) subsequently secreted and converted the assets for an unintended and/or unsanctioned use.
Conversion requires the secretion with the property, rather than just relocate it. As in larceny, the measure is not the gain to the embezzler, but the loss to the asset stakeholders. An example of conversion is when a person logs checks in a check register or transaction log as being used for one specific purpose and then explicitly uses the funds from the checking account for another and completely different purpose.
译文2:侵占法
侵占罪,通常本质上是经济犯罪,是指一个或多个人将他人交给自己保管的财物,盗用或藏匿的欺诈行为。比如,一名保管着大笔现金的店员或出纳员,能够侵占其雇主的钱财;一名律师可以通过其委托人的信托账户侵占专款;财务顾问可以侵占投资者的资金;配偶能够侵占他的妻子/她的丈夫的钱财。
侵占罪范围广泛,从仅仅涉及小额数目的轻微犯罪到数目巨大计划复杂的严重犯罪,尽在其列。在多数情况下,侵占罪是目的明确、有预谋、有条理的系统化行动,常常需要隐人耳目,因为这种活动往往是在他人不知情或不同意的情况下进行的。它经常涉及这样的情况,托管人为了降低被发现的风险,仅仅侵占所接收资金的一小部分。如果成功了,侵占行为可以持续数年(或数十年)而不被发现。通常,只有当需要或用到这笔资金时,受害者才意识到这笔资金或储蓄不见了,他们被侵占者欺骗了。
侵占罪与盗窃罪有两点不同。第一,在侵占罪中,必须发生了实际的侵占行为;第二,最初行为必须不是非法盗窃。说此行为不是非法盗窃是指侵占罪行为人对所涉及的财产享有占有、使用和/或支配权,而且,行为人随后藏匿转移该财产,用于非计划中和/或未经批准的目的。
侵犯罪必须擅自使用藏匿财产,而不仅是转移财产。与盗窃罪一样,此行为不能增加侵占行为人的收益,但造成了财产所有人的损失。比如,当一个人在支票登记簿或事务记录上登记,某张支票被用于某一特定用途,但是,这笔资金从经常账户中取出后却明确地被用在其他截然不同的用途上,这便是侵占行为。