Regulating Fraud Across Borders

Author : Edgardo Rotman
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 48,5 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509943210

Get Book

Regulating Fraud Across Borders by Edgardo Rotman Pdf

At a time when financial crime routinely crosses international boundaries, this book provides a novel understanding of its spread and criminalisation. It traces the international convergence of financial crime regulation with a uniquely comparative approach that examines key institutional and state actors including the European Union, the International Organization of Securities Commissions, as well as the United States, the United Kingdom, Switzerland, France, Italy and Germany, all countries that harbour some of the most influential stock exchanges in the Western world. The book describes and documents the phenomenon of internationalisation of securities frauds – such as insider trading and market manipulation – and the laws criminalising those acts, most notably those responding to recent dramatic transformations in securities markets, high frequency trading, and benchmark manipulation. At the European level, it shows the progressive uniformisation of laws culminating in the 2014 European Union Market Abuse Regulation. The book argues that criminal prohibitions against internationalised market abuse must be understood as an economic and legal imperative to protect financial markets against activities that imperil its integrity, compromising the confidence of investors and thus affecting the economy as a whole. The book is supported by an extensive review of the most significant scholarship in each country.

Author : Group of Ten. Committee on Payment and Settlement Systems
Publisher : Unknown
Page : 80 pages
File Size : 40,7 Mb
Release : 2004
Category : Clearing of securities
ISBN : IND:30000116787171

Get Book

Recommendations for Central Counterparties by Group of Ten. Committee on Payment and Settlement Systems Pdf

Author : Mahmood Bagheri
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 46,6 Mb
Release : 2000-12-06
Category : Business & Economics
ISBN : 9789041198105

Get Book

International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration by Mahmood Bagheri Pdf

The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

Author : Christian Twigg-Flesner
Publisher : Springer Science & Business Media
Page : 91 pages
File Size : 51,9 Mb
Release : 2011-11-16
Category : Law
ISBN : 9781461420477

Get Book

A Cross-Border-Only Regulation for Consumer Transactions in the EU by Christian Twigg-Flesner Pdf

For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This Brief argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. The author considers the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. He argues that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods and services across borders, while not upsetting domestic law unnecessarily—in particular in the context of e-commerce, with implications for industry, policymaking, and regional development. The Brief concludes by suggesting that a successful EU measure on cross-border consumer transactions could create a template for global initiatives for transnational consumer law.

Author : Roberts, M.T., Viinikainen, T., Bullon, C.
Publisher : Food & Agriculture Org.
Page : 68 pages
File Size : 45,8 Mb
Release : 2022-04-05
Category : Political Science
ISBN : 9789251359044

Get Book

International and national regulatory strategies to counter food fraud by Roberts, M.T., Viinikainen, T., Bullon, C. Pdf

Food fraud has beset governments for centuries, and the legal responses to it have been uniquely suited to the sensibilities of the time. This publication follows the concept of food fraud described to occur when a fraudster intentionally deceives a customer about the quality and/or contents of the foods they wish to purchase, and such act is done to obtain an undue advantage, most often economic, for the fraudster. The vastness and complexity of food fraud, and the versatility in regulatory approaches can challenge national governments in their attempts to develop a coherent, focused approach to food fraud. To respond to this challenge, this paper introduces the available international regulatory guidance and the potential legal strategies at the national and regional level. It identifies and analyses some of the regulatory approaches to food fraud that countries have chosen and pays attention to the role of the private sector in food fraud regulation.

Author : Eilís Ferran,Niamh Moloney,Jennifer G. Hill,John C. Coffee, Jr
Publisher : Cambridge University Press
Page : 433 pages
File Size : 47,5 Mb
Release : 2012-11-15
Category : Law
ISBN : 9781139851787

Get Book

The Regulatory Aftermath of the Global Financial Crisis by Eilís Ferran,Niamh Moloney,Jennifer G. Hill,John C. Coffee, Jr Pdf

The EU and the US responded to the global financial crisis by changing the rules for the functioning of financial services and markets and by establishing new oversight bodies. With the US Dodd–Frank Act and numerous EU regulations and directives now in place, this book provides a timely and thoughtful explanation of the key elements of the new regimes in both regions, of the political processes which shaped their content and of their practical impact. Insights from areas such as economics, political science and financial history elucidate the significance of the reforms. Australia's resilience during the financial crisis, which contrasted sharply with the severe problems that were experienced in the EU and the US, is also examined. The comparison between the performances of these major economies in a period of such extreme stress tells us much about the complex regulatory and economic ecosystems of which financial markets are a part.

Author : Anna Pratt
Publisher : University of British Columbia Press
Page : 290 pages
File Size : 41,5 Mb
Release : 2005
Category : Law
ISBN : 0774811552

Get Book

Securing Borders by Anna Pratt Pdf

Anna Pratt takes a close look at the laws, policies, and practices of detention and deportation in Canada since the Second World War. She demonstrates that although the desire to fortify the border against risky outsiders has long been prominent in Canadian immigration penality, the degree to which concerns about security, crime, and fraud have come to govern the process is unprecedented. Securing Borders traces the connections between seemingly disparate concerns - detention, deportation, liberalism, law, discretion, welfare, criminal justice, refugees, security, and risk - to consider them in relation to the changing modes of Canadian governance.

Author : Manuel Kellerbauer,Marcus Klamert,Jonathan Tomkin
Publisher : Oxford University Press
Page : 2463 pages
File Size : 49,9 Mb
Release : 2019-05-16
Category : Law
ISBN : 9780192513410

Get Book

The EU Treaties and the Charter of Fundamental Rights by Manuel Kellerbauer,Marcus Klamert,Jonathan Tomkin Pdf

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

Author : Anonim
Publisher : Unknown
Page : 1932 pages
File Size : 54,8 Mb
Release : 2010
Category : Electronic
ISBN : UOM:39015085459579

Get Book

Financial Services and General Government Appropriations for 2011, Part 4, February 2010, 111-2 Hearings by Anonim Pdf

Author : Ravi Rajcoomar
Publisher : Xlibris Corporation
Page : 295 pages
File Size : 49,8 Mb
Release : 2012-07-17
Category : Law
ISBN : 9781477137529

Get Book

A Guide to Money Laundering Law and Regulation by Ravi Rajcoomar Pdf

Ravi Rajcoomar, one of the Caribbean’s leading attorneys, was born in Trinidad, WI, and spent his early years in the United Kingdom. An academic scholar, he studied law at the UWI, Cavehill and Hugh Wooding Law School before starting his prodigious practice in criminal and civil law from1987 in Trinidad and Tobago, working in some of the country’s most prestigious law firms, alongside legal luminaries such as Karl Hudson Phillips, QC and the late Desmond Allum, QC. A married father of four, he’s currently attached to Trinity Chambers in Port of Spain. Known for his unique legal acumen, he has litigated in some of the region’s most prominent and groundbreaking criminal and civil cases, many of which set legal precedent in the Caribbean and Commonwealth region in the past 25 years. As a founding member and executive officer of the Criminal Bar Association of T&T, he pioneered several domestic legal initiatives, including reform in the Magisterial Courts, legislation for DNA, paper committals and copyright infringement, use of witnesses statements in trials, visual recordings of police interviews, the Financial Investigation Unit and compliance and competition economics in the Caricom region. As a former senior member of the Council of the Law Association of Trinidad and Tobago, he spearheaded major national legal initiatives aimed at protecting the public’s interest, including the review of prisoners’ rights and Constitutional Reform. Rajcoomar has also authored publications in Lawyer on Abuse of Process in Criminal Law and DNA and the Criminal Law, as well as ‘A guide for Money Laundering Law & Regulation in Trinidad and Tobago.’ He’s also lectured at the Hugh Wooding Law School since 2005, and currently serves as a Commissioner of the Trinidad and Tobago Securities Exchange Commission.

Author : Antonio Marcacci
Publisher : Springer Nature
Page : 518 pages
File Size : 47,5 Mb
Release : 2022-11-25
Category : Law
ISBN : 9783031180637

Get Book

Transnational Securities Regulation by Antonio Marcacci Pdf

The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.

Author : Ángeles Gutiérrez Zarza
Publisher : Springer
Page : 505 pages
File Size : 51,8 Mb
Release : 2014-09-08
Category : Law
ISBN : 9783642402913

Get Book

Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe by Ángeles Gutiérrez Zarza Pdf

In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.

Author : United States. Congress. House. Committee on Appropriations. Subcommittee on Financial Services and General Government
Publisher : Unknown
Page : 892 pages
File Size : 49,8 Mb
Release : 2012
Category : Administrative agencies
ISBN : IND:30000145425777

Get Book

Financial Services and General Government Appropriations for 2013 by United States. Congress. House. Committee on Appropriations. Subcommittee on Financial Services and General Government Pdf

Author : OECD
Publisher : OECD Publishing
Page : 206 pages
File Size : 46,5 Mb
Release : 2004-07-27
Category : Electronic
ISBN : 9789264015104

Get Book

Quality and Recognition in Higher Education The Cross-border Challenge by OECD Pdf

This book gives an updated overview of how a number of countries are dealing with cross-border education as well as examining international frameworks on recognition of qualifications including UNESCO Regional Conventions and trade agreements.

Author : Anonim
Publisher : Unknown
Page : 668 pages
File Size : 54,5 Mb
Release : 2005
Category : Asia
ISBN : UOM:39015079677921

Get Book

Journal of International and Area Studies by Anonim Pdf