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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Banking law

Value Making in International Economic Law and Regulation - Alternative Possibilities (Paperback): Donatella Alessandrini Value Making in International Economic Law and Regulation - Alternative Possibilities (Paperback)
Donatella Alessandrini
R1,456 Discovery Miles 14 560 Ships in 12 - 17 working days

This book examines the contemporary production of economic value in today's financial economies. Much of the regulatory response to the global financial crisis has been based on the assumption that curbing the speculative 'excesses' of the financial sphere is a necessary and sufficient condition for restoring a healthy economic system, endowed with real values, as distinct from those produced by financial markets. How, though, can the 'intrinsic' value of goods and services produced in the sphere of the so-called real economy be disentangled from the 'artificial' value engineered within the financial sphere? Examining current projects of international legal regulation, this book questions the regulation of the financial sphere insofar as its excesses are juxtaposed to some notion of economic normality. Given the problem of neatly distinguishing these domains - and so, more generally, between economy and society, and production and social reproduction - it considers the limits of our current conceptualization of value production and measurement, with specific reference to arrangements in the areas of finance, trade and labour. Drawing on a range of innovative work in the social sciences, and attentive to the spatial and temporal connections that make the global economy, as well as the racial, gender and class articulations of the social reproductive field within it, it further asks: what alternative arrangements might be able to affect, and indeed alter, the value-making processes that underlie our current international regulatory framework?

Controlling Capital - Public and Private Regulation of Financial Markets (Paperback): Nicholas Dorn Controlling Capital - Public and Private Regulation of Financial Markets (Paperback)
Nicholas Dorn
R1,473 Discovery Miles 14 730 Ships in 12 - 17 working days

Controlling Capital examines three pressing issues in financial market regulation: the contested status of public regulation, the emergence of 'culture' as a proposed modality of market governance, and the renewed ascendancy of private regulation. In the years immediately following the outbreak of crisis in financial markets, public regulation seemed almost to be attaining a position of command - the robustness and durability of which is explored here in respect of market conduct, European Union capital markets union, and US and EU competition policies. Subsequently there has been a softening of command and a return to public-private co-regulation, positioned within a narrative on culture. The potential and limits of culture as a regulatory resource are unpacked here in respect of occupational and organisational aspects, stakeholder connivance and wider political embeddedness. Lastly the book looks from both appreciative and critical perspectives at private regulation, through financial market associations, arbitration of disputes and, most controversially, market 'policing' by hedge funds. Bringing together a distinguished group of international experts, this book will be a key text for all those concerned with issues arising at the intersection of financial markets, law, culture and governance.

The Governance and Regulation of International Finance (Hardcover): Geoffrey P. Miller, Fabrizio Cafaggi The Governance and Regulation of International Finance (Hardcover)
Geoffrey P. Miller, Fabrizio Cafaggi
R2,846 Discovery Miles 28 460 Ships in 12 - 17 working days

This thought-provoking book adds a new perspective to the analysis of how regulation should respond to the global financial crisis of 2008 2009. It focuses on the 'private' as opposed to 'public' aspect of regulation, and highlights the works of the public-private 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 public-private 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. Contents: Preface 1. Private Regulation of Internationally Active Financial Services Firms 2. Private Regulation in the Credit Default Swaps Market: The Role of ISDA in the New Regulatory Scenario of CDSs 3. Private Regulation and Enforcement in Microfinance: A Multilayered and Polycentric Puzzle 4. Governing Global Payments Markets: International Payments Forum - A New Actor on the Scene 5. The Legitimacy and Accountability of the IASB as an International Standard Setter 6. The Internal Ratings-based and Advanced Measurement Approaches for Regulatory Capital under the 'Basel Regime' ndex

Derivatives Regulation - Rules and Reasoning from Lehman to Covid (Hardcover): David Murphy Derivatives Regulation - Rules and Reasoning from Lehman to Covid (Hardcover)
David Murphy
R3,105 Discovery Miles 31 050 Ships in 10 - 15 working days

Derivatives Regulation - Rules and Reasoning from Lehman to Covid provides an indepth examination of the changes made to the regulation of derivatives that were enacted following the global financial crisis of 2008, considering the motivations behind these changes and including insights from the Covid pandemic. Key areas of derivatives regulatory reform are examined, including bank capital and leverage rules, the clearing mandate, uncleared margin rules, and the principles for the regulation of central counterparties. After providing an overview of the global financial crisis, the motivations for these reforms in its immediate aftermath are considered, as well as the impact of these rules on the financial system, using insights from the market stress around the onset of the Covid pandemic in 2020. The book analyses the construction of financial regulation, as well as its nature and how this should be assessed, using tools from the law, economics, and regulatory theory. Global administrative law, cost benefit analysis, and the results of regulatory interventions in other areas throw light on the legitimacy, efficiency, and effectiveness of derivatives regulation. Insights from international political economy are also discussed, situating financial regulation within the regulatory state, while showing how its institutional arrangements shape regulatory outcomes. Suggestions for improving both rules and regulatory processes are considered in the conclusion of the book.

Law and Economics - Philosophical Issues and Fundamental Questions (Paperback): Aristides Hatzis, Nicholas Mercuro Law and Economics - Philosophical Issues and Fundamental Questions (Paperback)
Aristides Hatzis, Nicholas Mercuro
R1,463 Discovery Miles 14 630 Ships in 12 - 17 working days

The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.

Research Handbook on Cross-Border Bank Resolution (Hardcover): Matthias Haentjens, Bob Wessels Research Handbook on Cross-Border Bank Resolution (Hardcover)
Matthias Haentjens, Bob Wessels
R5,312 Discovery Miles 53 120 Ships in 12 - 17 working days

Since the great financial crisis, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for resolving cross-border bank crises and proposes avenues for improvement. This cutting edge Research Handbook includes a broad range of perspectives of the regulatory and economic infrastructure of the banks themselves, third parties, and real life case studies, on both a domestic and, in particular, an international level. Chapters are authored by eminent experts in the field with contributions from the US, EU, Japan and China. With its comprehensive and rounded analysis of cross-border bank resolution, this wide-ranging Research Handbook will be of value to academics and researchers across the globe. The practical issues and policy recommendations included will also be of benefit for policy makers within the banking sector and bankers and lawyers alike.

Law and Finance after the Financial Crisis - The Untold Stories of the UK Financial Market (Hardcover): Abdul Karim Aldohni Law and Finance after the Financial Crisis - The Untold Stories of the UK Financial Market (Hardcover)
Abdul Karim Aldohni
R4,195 Discovery Miles 41 950 Ships in 12 - 17 working days

The 2008 financial crisis has become one of the defining features of the twenty first century's first decade. The series of events which unfolded in the aftermath of the crisis has exposed major structural flaws in many of the financial systems around the globe, triggering a global call for legal and regulatory reforms to address the problems that have been uncovered. This book deals with a neglected angle of the 2008 financial crisis looking in-depth at the implicit effects of the 2008 crisis on the UK financial market. The book considers new trends in finance which have emerged since the crisis as well as the challenges faced by some older practices in the UK financial markets. After providing a reflective account of the history of law and creditors in the UK the book investigates the proliferation of certain forms of financing that have recently become very visible parts of the UK financial market's structure, such as high cost short term lending and peer to peer lending. It provides legal and economic accounts of these forms of alternative lending, charting their developments, current status and critically assesses their impact on the UK financial market. Also examined are the ongoing funding difficulties faced by Small and Medium Enterprises (SMEs) and the suitability of the UK current legal framework to support these institutions. The book goes on to look at the viability and safety of some other post crisis trends such as banks use of Contingent Convertible Bonds (CoCos) to improve their resilience.

Controlling Capital - Public and Private Regulation of Financial Markets (Hardcover): Nicholas Dorn Controlling Capital - Public and Private Regulation of Financial Markets (Hardcover)
Nicholas Dorn
R4,359 Discovery Miles 43 590 Ships in 12 - 17 working days

Controlling Capital examines three pressing issues in financial market regulation: the contested status of public regulation, the emergence of 'culture' as a proposed modality of market governance, and the renewed ascendancy of private regulation. In the years immediately following the outbreak of crisis in financial markets, public regulation seemed almost to be attaining a position of command - the robustness and durability of which is explored here in respect of market conduct, European Union capital markets union, and US and EU competition policies. Subsequently there has been a softening of command and a return to public-private co-regulation, positioned within a narrative on culture. The potential and limits of culture as a regulatory resource are unpacked here in respect of occupational and organisational aspects, stakeholder connivance and wider political embeddedness. Lastly the book looks from both appreciative and critical perspectives at private regulation, through financial market associations, arbitration of disputes and, most controversially, market 'policing' by hedge funds. Bringing together a distinguished group of international experts, this book will be a key text for all those concerned with issues arising at the intersection of financial markets, law, culture and governance.

Regulating China's Shadow Banks (Hardcover): Qingmin Yan, Jianhua Li Regulating China's Shadow Banks (Hardcover)
Qingmin Yan, Jianhua Li
R4,788 Discovery Miles 47 880 Ships in 12 - 17 working days

China's shadow banking has been a top issue in the past few years. Scholars, policymakers, and professionals around the world are seeking deeper insight into the subject, and the authors had unique insight into the sector through their positions high up in the regulatory apparatus. "Regulating China's Shadow Banks" focuses on the regulation of shadow banks in China and provides crucial information to demystify China's shadow banking and associated regulatory challenges. This book defines "shadow banking" in the Chinese context, analyzes the impact of shadow banking on the Chinese economy, includes a full-scale analysis on the current status of Chinese financial regulation, and provides valuable advice on the regulation of China's shadow banks.

Redefining the Market-State Relationship - Responses to the Financial Crisis and the Future of Regulation (Paperback): Ioannis... Redefining the Market-State Relationship - Responses to the Financial Crisis and the Future of Regulation (Paperback)
Ioannis Glinavos
R1,350 Discovery Miles 13 500 Ships in 12 - 17 working days

This book offers an interdisciplinary overview of the role of law in modern capitalism in the context of financial crisis. In this work, the reader will find a discussion of key issues relevant to the crisis that have occupied the pages of the financial press since 2007 including an assessment of the meltdown of the sub-prime mortgage market, the credit crunch, the European debt crisis and the turmoil in Greece, plus a series of theoretical contributions that are aimed to challenge perceptions of the market-state relationship and the place of law within it. The book includes a methodological defence of the state-market dichotomy, a critique of the tenets of neoclassical economics, and an evaluation of what the financial crisis heralds for the future of the political economy of western democracies. Ioannis Glinavos argues that it is a mistake to associate markets with freedom and states with oppression, and suggests that more choice for consumers can -and does- mean less choice for citizens. The book suggests that a new social contract is needed to ensure the survival of both capitalism and democracy. In contributing a unique, legal perspective to the underlying dynamics of the financial crisis, this book will be valuable to scholars and students of regulation, financial markets and economic development.

Counter-Terrorist Financing Law and Policy - An analysis of Turkey (Paperback): Umut Turksen, Burke Ugur Basaranel Counter-Terrorist Financing Law and Policy - An analysis of Turkey (Paperback)
Umut Turksen, Burke Ugur Basaranel
R1,279 Discovery Miles 12 790 Ships in 12 - 17 working days

Since the 9/11 attacks the world has witnessed the creation of both domestic and international legal instruments designed to disrupt and interdict the financial activities of terrorists. This book analyses the counter-terrorist financing law (CTF), policy and practice at the national level, focusing on Turkey. The work examines the limits and capabilities of CTF efforts on terrorism threats and determines the effectiveness of CTF efforts in Turkey, a country which has a pivotal role in terms of countering terrorism regionally and internationally. The Turkish case-study is supported by an empirical study involving 37 semi-structured interviews with CTF practitioners and law enforcement experts with different affiliations and backgrounds. The findings illustrate that Turkey's CTF system has not obtained an adequate level of effectiveness as a result of lack of proper implementation of its policy in the bureaucratic, legal and operational spheres. It is evident that the administrative and legal systems in Turkey are established according to the 'one-size-fits-all' international CTF standards and thus are compliant with the international CTF benchmarks, yet the interviews reveal significant challenges at the implementation level including lack of training and financial security, heavy handed bureaucracy, inadequate coordination and communication between international and national levels. The book will be an invaluable resource for academics, students and policy-makers working in the areas of financial crime and terrorism.

International Harmonization of Financial Regulation? - The Politics of Global Diffusion of the Basel Capital Accord... International Harmonization of Financial Regulation? - The Politics of Global Diffusion of the Basel Capital Accord (Paperback)
Hyoung-kyu Chey
R1,348 Discovery Miles 13 480 Ships in 12 - 17 working days

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.

Fraud and Carbon Markets - The Carbon Connection (Paperback): Marius-Christian Frunza Fraud and Carbon Markets - The Carbon Connection (Paperback)
Marius-Christian Frunza
R1,548 Discovery Miles 15 480 Ships in 12 - 17 working days

The VAT Carousel Fraud has seriously undermined the financial integrity of the European Union Emissions Trading Scheme (EU ETS). This timely book is the first to give an overview of fraud in the carbon market. Written by a former broker, it presents unique material on the carbon fraud mechanics and analyses the missing trader fraud (VAT fraud) on European carbon allowances markets with a focus on financial and organised crime issues. Fraud and Carbon Markets: The Carbon Connection assesses the weaknesses of the Kyoto Protocol and environmental markets, using statistics as a forensic tool on the capital markets. It describes specific cases, the court investigations and various mechanisms. It addresses issues of money laundering and international fraud on capital markets, such as stock manipulation, by exploring the financial mechanisms of the fraud, their impact on the market behaviour and the consequences on their econometric features. Researchers and students in climate change policy, environmental finance, financial law, organised crime, forensic statistics, financial regulation and risk management as well as financial regulators and policy makers will find this book of great interest.

Corruption in the Global Era - Causes, Sources and Forms of Manifestation (Paperback): Lorenzo Pasculli, Nicholas Ryder Corruption in the Global Era - Causes, Sources and Forms of Manifestation (Paperback)
Lorenzo Pasculli, Nicholas Ryder
R1,281 Discovery Miles 12 810 Ships in 12 - 17 working days

Corruption is a globalising phenomenon. Not only is it rapidly expanding globally but, more significantly, its causes, its means and forms of perpetration and its effects are more and more rooted in the many developments of globalisation. The Panama Papers, the FIFA scandals and the Petrobras case in Brazil are just a few examples of the rapid and alarming globalisation of corrupt practices in recent years. The lack of empirical evidence on corrupt schemes and a still imperfect dialogue between different disciplinary areas and between academic and practitioners hinder our knowledge of corruption as a global phenomenon and slow down the adoption of appropriate policy responses. Corruption in the Global Era seeks to establish an interdisciplinary dialogue between theory and practice and between different disciplines and to provide a better understanding of the multifaceted aspects of corruption as a global phenomenon. This book gathers top experts across various fields of both the academic and the professional world - including criminology, economics, finance, journalism, law, legal ethics and philosophy of law - to analyze the causes and the forms of manifestation of corruption in the global context and in various sectors (sports, health care, finance, the press etc.) from the most disparate perspectives. The theoretical frameworks elaborated by academics are here complemented by precious insider accounts on corruption in different areas, such as banking and finance and the press. The expanding links between corrupt practices and other global crimes, such as money laundering, fraud and human trafficking, are also explored. This book is an important resource to researchers, academics and students in the fields of law, criminology, sociology, economics and ethics, as well as professionals, particularly solicitors, barristers, businessmen and public servants.

The Fundamental Interrelationships between Government and Property (Paperback): Nicholas Mercuro, Warren J. Samuels The Fundamental Interrelationships between Government and Property (Paperback)
Nicholas Mercuro, Warren J. Samuels
R917 Discovery Miles 9 170 Ships in 12 - 17 working days

This collection of 22 commissioned essays from scholars across numerous fields responded to the question: What are the most fundamental things you can say concerning the interrelations between the institutions of government and property? Contributing authors were asked to address this question in a positive analysis and that their essay penetrate to the deepest (most fundamental) levels of property-government organization. Their contributions are illuminating.

Bank Insolvency Law in Developing Economies (Paperback): Kayode Akintola, Folashade Adeyemo Bank Insolvency Law in Developing Economies (Paperback)
Kayode Akintola, Folashade Adeyemo
R1,182 Discovery Miles 11 820 Ships in 9 - 15 working days

The subject of bank stability has been under a great amount of political and legislative scrutiny since the mid-2007 to late-2009 global financial crisis. However, these efforts have centred on developed economies. Little coverage is given to strategies adopted by many developing economies. While there is a global discourse on the subject of insolvency generally, there is ample scope to contribute to the growing body of work on the narrow subject of bank insolvencies. This book provides a unique perspective on an emerging theme in at least two respects. First is the focus on selected developing economies and selected developed economies in the EMEA region alongside cross-border developments, with the objective of deciphering the regulatory approach to bank insolvencies. The second is the analytical consideration of methods that may be implemented to preclude or resolve bank insolvencies in developing economies. This book explores the nexus between developing economies and their banking institutions. Developing economies are acutely dependent on their banks for the functioning of their cash-based economies. Recent events, however, suggest a weakness in the long-term viability of some of their banks and a mixed-bag regulatory approach to redress this weakness. This book evaluates the effectiveness of regulatory frameworks in selected developing economies that are designed to prevent or resolve the insolvency of banks. At a time of global economic uncertainty, this book will prove to be a valuable resource to the discourse on the viability of banks, businesses, and economies in developing States.

Routledge Handbook of Financial Technology and Law (Hardcover): Iris Chiu, Gudula Deipenbrock Routledge Handbook of Financial Technology and Law (Hardcover)
Iris Chiu, Gudula Deipenbrock
R6,448 Discovery Miles 64 480 Ships in 12 - 17 working days

Financial technology is rapidly changing and shaping financial services and markets. These changes are considered making the future of finance a digital one.This Handbook analyses developments in the financial services, products and markets that are being reshaped by technologically driven changes with a view to their policy, regulatory, supervisory and other legal implications. The Handbook aims to illustrate the crucial role the law has to play in tackling the revolutionary developments in the financial sector by offering a framework of legally enforceable principles and values in which such innovations might take place without threatening the acquis of financial markets law and more generally the rule of law and basic human rights. With contributions from international leading experts, topics will include: Policy, High-level Principles, Trends and Perspectives Fintech and Lending Fintech and Payment Services Fintech, Investment and Insurance Services Fintech, Financial Inclusion and Sustainable Finance Cryptocurrencies and Cryptoassets Markets and Trading Regtech and Suptech This Handbook will be of great relevance for practitioners and students alike, and a first reference point for academics researching in the fields of banking and financial markets law.

The Financial Crisis and White Collar Crime - The Perfect Storm? (Hardcover, UK ed.): Nicholas Ryder The Financial Crisis and White Collar Crime - The Perfect Storm? (Hardcover, UK ed.)
Nicholas Ryder
R3,483 Discovery Miles 34 830 Ships in 12 - 17 working days

Scholarly analysis of the principal causes of the global economic crash of 2008 has largely ignored any investigation of a part played by white-collar crime in precipitating the collapse. Ryder is one of the few who is not content to let the blame lie with sub-prime mortgages and the inherent risks of the markets. He enquires into the relationship between the latter-day economic chaos and crime, particularly mortgage fraud and the examination he offers is compelling. Through a distillation of massive amounts of materials drawn from two critical global financial centers, the United States and the United Kingdom, Ryder concludes, reliant on tangible empirical examples, that the prevalence of white-collar fraud was an important constituent contributor to the financial crisis.' - Michelle Gallant Ph.D, Faculty of Law, University of Manitoba'In this well-researched and thoughtful new book, Nic Ryder makes a strong case for thinking more about the role of white collar crime in causing the financial crisis, and why prosecution has not been a bigger part (particularly in the UK) of the authorities' responses to it.' - Peter Cartwright, School of Law, University of Nottingham Concentrating on the relationship between the 2007 financial crisis and white-collar crime in both the United States of America and the United Kingdom this unique book asserts that such activity was an important variable that contributed towards the crisis. It also reveals a number of similarities and differences in the approach towards white-collar crime emanating from the financial crisis. Offering an important analysis of the factors which contributed to the global financial crisis and the role played by economic crime, the author provides an insightful critique of the legislative, regulatory and enforcement responses on both sides of the Atlantic. Specific examples include mortgage fraud, predatory lending, Ponzi fraud schemes, market misconduct and the manipulation of LIBOR. Nicholas Ryder's conclusions are powerful, and those responsible for policing the financial markets should take careful note of the recommendations he puts forward. This timely book will be of great use to both teachers and students of financial crime relevant modules. It will also appeal to policy-makers in government departments, law enforcement agencies and financial regulatory agencies, as well as professionals within the financial services sector, law and accountancy. Contents: 1. Introduction 2. The Financial Crisis an Alternative Interpretation - Part I 3. The Financial Crisis an Alternative Interpretation Part II 4. United States of America Policy, Legislative, Regulatory and Enforcement Responses 5. United Kingdom - Policy, Legislative, Regulatory and Enforcement Responses 6. Conclusions and Recommendations Bibliography Index

Banking and Debt Recovery in Emerging Markets - The Law Reform Context (Paperback): Sonali Abeyratne Banking and Debt Recovery in Emerging Markets - The Law Reform Context (Paperback)
Sonali Abeyratne
R732 Discovery Miles 7 320 Ships in 12 - 17 working days

This title was first published in 2001. A developing country that is pursuing free market economic policies requires a modern commercial law infrastructure, which enables the emerging economy to have in place properly functioning credit and other financial systems which stimulate domestic and foreign investment. This book provides a comparative analysis of the law and practice of debt recovery in India, Sri Lanka and Malaysia, demonstrating that a suitable debt-recovery system for a developing economy requires not only good laws and judicial remedies, but also appropriate financial industry practices such as credit and loan supervision policies.

Banking Law - Private Transactions and Regulatory Frameworks (Hardcover): Andreas Kokkinis, Andrea Miglionico Banking Law - Private Transactions and Regulatory Frameworks (Hardcover)
Andreas Kokkinis, Andrea Miglionico
R4,082 Discovery Miles 40 820 Ships in 12 - 17 working days

Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007-2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.

The Foundations and Future of Financial Regulation - Governance for Responsibility (Paperback): Mads Andenas, Iris H-Y Chiu The Foundations and Future of Financial Regulation - Governance for Responsibility (Paperback)
Mads Andenas, Iris H-Y Chiu
R1,842 Discovery Miles 18 420 Ships in 12 - 17 working days

Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective.

The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance.

This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

Redefining the Market-State Relationship - Responses to the Financial Crisis and the Future of Regulation (Hardcover, New):... Redefining the Market-State Relationship - Responses to the Financial Crisis and the Future of Regulation (Hardcover, New)
Ioannis Glinavos
R4,207 Discovery Miles 42 070 Ships in 12 - 17 working days

This book offers an interdisciplinary overview of the role of law in modern capitalism in the context of financial crisis. In this work, the reader will find a discussion of key issues relevant to the crisis that have occupied the pages of the financial press since 2007 including an assessment of the meltdown of the sub-prime mortgage market, the credit crunch, the European debt crisis and the turmoil in Greece, plus a series of theoretical contributions that are aimed to challenge perceptions of the market-state relationship and the place of law within it. The book includes a methodological defence of the state-market dichotomy, a critique of the tenets of neoclassical economics, and an evaluation of what the financial crisis heralds for the future of the political economy of western democracies. Ioannis Glinavos argues that it is a mistake to associate markets with freedom and states with oppression, and suggests that more choice for consumers can -and does- mean less choice for citizens. The book suggests that a new social contract is needed to ensure the survival of both capitalism and democracy. In contributing a unique, legal perspective to the underlying dynamics of the financial crisis, this book will be valuable to scholars and students of regulation, financial markets and economic development.

International Harmonization of Financial Regulation? - The Politics of Global Diffusion of the Basel Capital Accord (Hardcover,... International Harmonization of Financial Regulation? - The Politics of Global Diffusion of the Basel Capital Accord (Hardcover, New)
Hyoung-kyu Chey
R4,797 Discovery Miles 47 970 Ships in 12 - 17 working days

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.

The Legal and Regulatory Aspects of Islamic Banking - A Comparative Look at the United Kingdom and Malaysia (Paperback): Abdul... The Legal and Regulatory Aspects of Islamic Banking - A Comparative Look at the United Kingdom and Malaysia (Paperback)
Abdul Karim Aldohni
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

During the last ten years the Islamic banking sector has grown rapidly, at an international level, as well as in individual jurisdictions including the UK. Islamic finance differs quite substantially from conventional banking, using very different mechanisms, and operating according to a different theory as it is based on Islamic law. Yet at the same time it is always subject to the law of the particular financial market in which it operates. This book takes a much-needed and comprehensive look at the legal and regulatory aspects which affect Islamic finance law, and examines the current UK and international banking regulatory frameworks which impact on this sector. The book examines the historical genesis of Islamic banking, looking at how it has developed in Muslim countries before going on to consider the development of Islamic banking in the UK and the legal position of Islamic banks within English law. The book explores company, contract, and some elements of tax law and traces the impact it has had on the development of Islamic banking in the UK, before going on to argue that the current legal and regulatory framework which affects the Islamic banking sector has on certain occasions had an unintended adverse impact on Islamic banking in the UK. The book also provides an overview of the Malaysian experience in relation to some of the main legal and regulatory challenges in the context of Islamic banking and finance.

Transitional Justice in South Asia - A Study of Afghanistan and Nepal (Hardcover, New): Tazreena Sajjad Transitional Justice in South Asia - A Study of Afghanistan and Nepal (Hardcover, New)
Tazreena Sajjad
R4,214 Discovery Miles 42 140 Ships in 12 - 17 working days

Offering a comparative case study of transitional justice processes in Afghanistan and Nepal, this book critically evaluates the way the "local" is consulted in post-conflict efforts toward peace and reconciliation. It argues that there is a tendency in transitional justice efforts to contain the discussion of the "local" within religious and cultural parameters, thus engaging only with a "static local," as interpreted by certain local stakeholders. Based on data collected through interviews and participant observation carried out in the civil societies of the respective countries, this book brings attention to a "dynamic local," where societal norms evolve, and realities on the ground are shaped by shifting power dynamics, local hierarchies, and inequalities between actors. It suggests that the "local" must be understood as an inter-subjective concept, the meaning of which is not only an evolving and moving target, but also dependent on who is consulted to interpret it to external actors. This timely book engages with the divergent range of civil society voices and offers ways to move forward by including their concerns in the efforts to help impoverished war-torn societies transition from a state of war to the conditions of peace.

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