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Author : William A. Klein,John C. Coffee
Publisher : Unknown
Page : 437 pages
File Size : 51,6 Mb
Release : 2004
Category : Business enterprises
ISBN : 1587787091
Author : Rainer Grote,Thilo Marauhn
Publisher : Cambridge University Press
Page : 358 pages
File Size : 52,9 Mb
Release : 2006-02-16
Category : Law
ISBN : 9781139450348
International financial relations have become increasingly important for the development of global and national economies. At present these relations are primarily governed by market forces, with little regulatory interference at the international level. In the light of numerous financial crises, this abstinence must be seriously questioned. Starting with an analysis of the regulatory problems at the international level, with only minimal powers entrusted to international organisations, this book develops various possibilities for reform. On the basis of an historical analysis, the book first adopts a comparative approach to national attempts to regulate international financial markets, then outlines the potential of relevant institutions and finally develops a policy perspective. It seeks to provide a framework for analysing options for the regulation of international financial markets from a public international law and comparative law perspective.
Author : Thomas Cottier,John H. Jackson,Rosa M. Lastra
Publisher : Oxford University Press
Page : 470 pages
File Size : 40,5 Mb
Release : 2012-10-04
Category : Business & Economics
ISBN : 9780199668199
Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.
Author : Hal S. Scott
Publisher : Unknown
Page : 696 pages
File Size : 49,9 Mb
Release : 2004
Category : Business & Economics
ISBN : STANFORD:36105063671643
Analysis of all areas of the law and regulation of international finance including banking, securities, derivatives and foreign exchange.
Author : Philip R. Wood
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2018-10-31
Category : Electronic
ISBN : 0414044738
This book covers the essential principles of the regulation of international finance. The regulatory regimes of the UK, US and EU are considered in detail, alongside surveys of the regimes in 200 jurisdictions worldwide. The author sets out a comprehensive analysis of the history, development, principles and policies of financial regulation.
Author : Uzma Ashraf Barton
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 47,7 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041189189
Why have financial standards and institutions almost always failed to effectively predict and respond to real-world financial crises? The answer, this challenging book shows, is that international financial law suffers from a persistent lack of judicial or quasi-judicial enforcement mechanisms, leaving flaws in the structure of the international financial system that lead inevitably to excesses that threaten the public good of global financial stability. The author, an internationally renowned legal expert on financial and fiscal reforms, responds to the increasingly urgent call for rethinking the structure and the functioning of international financial law. Centering on the concept of enforcement – which continues to be an unresolved issue in the discipline of international financial law – the analysis describes the likely contours of hard-law regulatory reform. It weighs the pros and cons of much-talked-about regulatory and policy issues like the following and more: – policy implications from the transformation of finance from a domestic to an international concept; – new or revised supervisory and regulatory bodies with redefined mandate, jurisdictions and powers; – possibility of a treaty-based structure similar to the European Union’s integration framework; and – consolidation of crisis-prevention and crisis-management policies; The analysis takes into account instances from trade and monetary systems pertinent to the development of the discipline of international financial law. A concluding chapter explores possibilities for putting in place an asset-backed resilient financial system based on risk-sharing and empowered to legislate reform and authorized to seek compliance from its members. With its provision of unconventional alternatives for further development of international financial law to realize stable, predictable and robust international markets – including early-warning systems and fully primed crisis-prevention mechanisms – the book explores the essential link between global financial stability, effective regulation and institutional development that will engender realistic global policy solutions. It will prove to be of great importance to regulatory and legal practitioners as well as to academic and think-tank scholars.
Author : Howard Davies,David Green
Publisher : John Wiley & Sons
Page : 180 pages
File Size : 55,6 Mb
Release : 2013-05-08
Category : Business & Economics
ISBN : 9780745655888
As international financial markets have become more complex, so has the regulatory system which oversees them. The Basel Committee is just one of a plethora of international bodies and groupings which now set standards for financial activity around the world, in the interests of protecting savers and investors and maintaining financial stability. These groupings, and their decisions, have a major impact on markets in developed and developing countries, and on competition between financial firms. Yet their workings are shrouded in mystery, and their legitimacy is uncertain. Here, for the first time, two men who have worked within the system describe its origins and development in clear and accessible terms. Howard Davies was the first Chairman of the UK's Financial Services Authority, the single regulator for the whole of Britain's financial sector. David Green was Head of International Policy at the FSA, after spending thirty years in the Bank of England, and has been closely associated with the development of the current European regulatory arrangements. Now with a revised and updated introduction, which catalogues the changes made since the credit crisis erupted, this guide to the international system will be invaluable for regulators, financial market practitioners and for students of the global financial system, wherever they are located. The book shows how the system has been challenged by new financial instruments and by new types of institutions such as hedge funds and private equity. Furthermore, the growth in importance of major developing countries, who were excluded for far too long from the key decision-making for a has led to a major overhaul. The guide is essential reading for all those interested in the development of financial markets and the way they are regulated. The revised version is only available in paperback.
Author : Ross P. Buckley,Emilios Avgouleas,Douglas W. Arner
Publisher : Cambridge University Press
Page : 467 pages
File Size : 48,8 Mb
Release : 2016-03-11
Category : Law
ISBN : 9781316462607
The current global financial system may not withstand the next global financial crisis. In order to promote the resilience and stability of our global financial system against future shocks and crises, a fundamental reconceptualisation of financial regulation is necessary. This reconceptualisation must begin with a deep understanding of how today's financial markets, regulatory initiatives and laws operate and interact at the global level. This book undertakes a comprehensive analysis of such diverse areas as regulation of financial stability, modes of supply of financial services, market infrastructure, fractional reserve banking, modes of production of global regulatory standards and the pressing need to reform financial sector ethics and culture. Based on this analysis, Reconceptualising Global Finance and its Regulation proposes realistic reform initiatives, which will be of primary interest to regulatory and banking legal practitioners, policy makers, scholars, research students and think tanks.
Author : Hyoung-kyu Chey
Publisher : Routledge
Page : 228 pages
File Size : 42,5 Mb
Release : 2014-01-02
Category : Business & Economics
ISBN : 9781134500871
It is often argued that international financial regulation has been substantially strengthened over the past decades through the international harmonization of financial regulation. There are, however, still frequent outbreaks of painful financial crises, including the recent 2008 global financial crisis. This raises doubts about the conventional claims of the strengthening of international financial regulation. This book provides an in-depth political economy study of the adoptions in Japan, Korea and Taiwan of the 1988 Basel Capital Accord, the now so-called Basel I, which has been at the center of international banking regulation over the past three decades, highlighting the domestic politics surrounding it. The book illustrates that, despite banks’ formal compliance with the Accord in these countries, their compliance was often cosmetic due to extensive regulatory forbearance that allowed their real capital soundness to weaken. Domestic politics thus ultimately determined national implementations of the Accord. This book provides its novel innovative study of the Accord through scores of interviews with bank regulators and analysis of various primary documents. It suggests that the actual effectiveness of international financial regulation relies ultimately on the domestic politics surrounding it. It implies as well that the past trend of international harmonization of financial regulation may be illusory, to at least some extent, in terms of its actual effectiveness. This book may interest not only political economists but also scholars working on the intersection of law, economics and institutions.
Author : Kern Alexander,Rahul Dhumale
Publisher : Edward Elgar Publishing
Page : 469 pages
File Size : 52,7 Mb
Release : 2012
Category : Law
ISBN : 9780857930453
The globalisation of financial markets has attracted much academic and policymaking commentary in recent years, especially with the growing number of banking and financial crises and the current credit crisis that has threatened the stability of the global financial system. This major new Research Handbook sets out to address some of the fundamental issues in financial regulation from a comparative and international perspective and to identify some of the main research themes and approaches that combine economic, legal and institutional analysis of financial markets. Specially commissioned contributions represent diverse viewpoints on the financial regulation debate and cover a number of new and controversial topics not yet adequately addressed in the literature. Specifically, these include; financial innovation particularly in the context of the credit risk transfer market, securitization and the systemic importance of the over-the-counter trading markets; the institutional structure of international financial regulation; and risk management and corporate governance of financial institutions. This Handbook will provide a unique and fully up-to-date resource for all those with an interest in this critical issue including academic researchers in finance and regulation, practitioners working in the industry and those involved with regulation and policy.
Author : Richard J. Herring,Robert E. Litan
Publisher : Brookings Institution Press
Page : 224 pages
File Size : 44,6 Mb
Release : 1994-12-01
Category : Business & Economics
ISBN : 0815791550
In recent years, the major industrialized nations have developed cooperative procedures for supervising banks, harmonized their standards for bank capital requirements, and initiated cooperative understanding about securities market supervision. This book assesses what further coordination and harmonization in financial regulation will be required in an era of increased globalization. A volume of Brookings' Integrating National Economies Series
Author : Georges Ugeux
Publisher : John Wiley & Sons
Page : 240 pages
File Size : 50,6 Mb
Release : 2014-06-04
Category : Business & Economics
ISBN : 9781118829615
As the global market expands, the need for internationalregulation becomes urgent Since World War II, financial crises have been the result ofmacroeconomic instability until the fatidic week end of September15 2008, when Lehman Brothers filed for bankruptcy. The financialsystem had become the source of its own instability through acombination of greed, lousy underwriting, fake ratings andregulatory negligence. From that date, governments tried to puttogether a new regulatory framework that would avoid using taxpayermoney for bailout of banks. In an uncoordinated effort, theyproduced a series of vertical regulations that are disconnectedfrom one another. That will not be sufficient to stop finance frombeing instable and the need for international and horizontalregulation is urgent. This challenge is the focus of GeorgesUgeux’s book. International Finance Regulation: The Quest for FinancialStability focuses on the inspirations behind regulation, andexamines the risks and consequences of fragmentation on a globalscale. Author Georges Ugeux has four decades of experience in thelegal and economic aspects of international business operations. Hecreated and run the New York Stock Exchange’sinternationalgroup in charge of developing the NYSE’s reach to non-UScompanies, including relationships with regulators and governments. Ugeux teaches European Banking and Finance of the ColumbiaUniversity School of Law. Ugeux is uniquely positioned to providerecommendations and suggestions from the perspective of a topglobal authority. In the book, he explores international regulationwith topics such as: • Laws, regulations, and risks of overregulation • Transformation of the U.S. market and creation of theEurozone • Development of a global framework and stability of thebanking system • In-depth examination of Basel III, the Dodd-Frank Act, theEuropean Banking Union, and the Volcker Rule The book also contains case studies from real-world scenarioslike Lehman, CDS, Greece, the London Whale, and Libor to illustratethe concepts presented. Finance consistently operates within anincreasingly global paradigm, and an overarching regulation schemeis becoming more and more necessary for sustainable growth.International Finance Regulation: The Quest for FinancialStability presents an argument for collaboration toward acomprehensive global regulation strategy.
Author : Thomas Cottier,John H. Jackson,Rosa M. Lastra
Publisher : OUP Oxford
Page : 470 pages
File Size : 41,6 Mb
Release : 2012-10-04
Category : Law
ISBN : 9780191645211
The early twenty-first century has seen a conspicuous absence of formal international law concerning money and finance. This book argues that this lack of formal international regulation was a significant contributing factor to the global financial crisis that began in 2007. It focuses on this lack of global substantive principles and 'hard law' rules in the field of financial regulation and monetary affairs, and analyses the emerging framework within international law that aims to govern financial institutions and markets. The global financial crisis has demonstrated the essential need for financial and monetary regulatory reform, and for the establishment of appropriate mechanisms for the settlement of financial disputes and for the regulation of cross-border financial institutions. This book therefore presents the foundations of solutions that could fill these critical gaps in international financial law. It addresses cross-border issues, financial regulation, and provides detailed analyses of monetary policies and regulation. This book is an updated collection of papers first published in the Special Edition of the Journal of International Economic Law on 'The Quest for International Law in Financial Regulation and Monetary Affairs' (Volume 12, Number 3, September 2010), which also show that the regulatory hands-off approach was not replicated in other areas of international economic law. International trade regulation witnessed an increased number of international rules and the reinforcement of a rule-oriented, if not rule-based, approach. Judicial dispute settlement and retaliation, exclusively based upon international ruling and authorization, was reinforced. Given the importance of trade regulation and WTO law, which has an established institutional and legal framework, the book therefore provides a much-needed comparative approach.
Author : Fabrizio Cafaggi,Geoffrey P. Miller
Publisher : Edward Elgar Publishing
Page : 220 pages
File Size : 55,7 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780857939487
ÔThe publication of this book could hardly be more timely; it fills a gap in present-day discussion of the reasons for the recent ongoing financial crises, and who was responsible. The balance between the governance and regulation of the international finance market underpins how securely we proceed into the future. At a time when sovereign defaults dominate public discussion, this issue is of quintessential importance. The editors are to be congratulated for this important publication.Õ Ð Christoph Paulus, Humbolt University of Berlin, Germany This thought-provoking book adds a new perspective to the analysis of how regulation should respond to the global financial crisis of 2008Ð2009. It focuses on the ÔprivateÕ as opposed to ÔpublicÕ aspect of regulation, and highlights the works of the publicÐprivate dialectic in regulation and enforcement. The expert authors examine what is perhaps the single most important sector in which public and private regulation and enforcement intersect: the arena of banking and global finance. The detailed analysis of these particular areas of finance thus provides a means for investigating aspects of the important topic of private regulation and enforcement in financial markets. A number of pertinent questions are addressed, including: How does private regulation and enforcement enhance or detract from the legitimacy of the process by which these market segments are managed and controlled? How does private regulation and enforcement manifest independence of action and judgment, as compared with public regulation? How does private regulation and enforcement measure up along dimensions of quality, relative to public regulation? and, finally, What forms of accountability characterize private as opposed to public regulation and enforcement? Illustrating the works of the publicÐprivate dialectic in regulation and enforcement, this challenging book will prove a fascinating read for academics, scholars and practitioners with an interest in regulation and governance issues, and in financial and banking law.
Author : Kern Alexander,Rahul Dhumale,John Eatwell
Publisher : Oxford University Press on Demand
Page : 329 pages
File Size : 51,5 Mb
Release : 2006
Category : Business & Economics
ISBN : 9780195166989
The book sets forth the economic rationale for international financial regulation and what role, if any, international regulation can play in effectively managing systemic risk while providing accountability to all affected nations. The book suggests that a particular type of global governance structure is necessary to have more efficient regulation of the international financial system.