The volume is a collection of articles based on presentations given at a conference titled "Too Big to Fail III: Structural Reform Proposals - Should We Break Up the Banks ?" hosted by the Institute for Law and Finance on January 21, 2014 - the third session of a series on the topic "too big to fail" with the previous conferences "Too Big to Fail - Brauchen wir ein Sonderinsolvenzrecht fur Banken" and "The Bank Recovery and Resolution Directive".

The impressive development of the Brazilian stock market over the past few years is reason enough to reflect on such a fundamental economic and regulatory topic by means of a country study. Which macroeconomic factors, institutional changes, and party interaction (market players and government) have to come together in order to successfully reform a national capital market in the age of globalization? Various regulatory techniques and institutional arrangements are examined in the scope of a comparative analysis of institutions.

This is a history-though, intentionally, a brief history-of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field's relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field-Ronald Coase, Guido Calabresi, and Richard Posner-and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.

On September 11, 2001, 19 terrorists committed the largest and deadliest terrorist attack in the United States of America. The response from the inter-national community, and in particular the US, was swift. President George Bush declared what has commonly been referred to as either the 'War on Terror' or the 'Global War on Terror' on September 20, 2001. Four days later, he instigated the 'Financial War on Terrorism'. This book defines and identifies the so-called 'Financial War on Terrorism'. It provides a critical review of the impact of counter-terrorist financing strategies enacted by both individual jurisdictions and international organisations. Taking a comparative approach, the book highlights the levels of compliance in each selected jurisdiction and organisation with the requirements of the 'Financial War on Terrorism'. The book analyses measures introduced by the United Nations, including the UN sanctions against terrorists and the operation of its anti-terrorist sanctions committees, and the Recommendations of the Financial Action Task Force. It also reviews the counter-terrorist financing measures of the European Union and the Council of Europe, paying particular attention to the Framework Decisions on Combating Terrorism, the Council Common Positions on Combating Terrorism and the EU Anti-Terrorism Sanctions Regime. The book goes on to review the measures put in place in the US following September 11, 2001. Offering a much-needed legal analysis of the measures enacted under the 'Financial War on Terrorism', this book is a valuable resource for those researching in law, terrorism studies, criminal justice, and finance.

"Read this book. It explains so much about the moment...Beautiful, heartbreaking work." -Ta-Nehisi Coates "A deep accounting of how America got to a point where a median white family has 13 times more wealth than the median black family." -The Atlantic "Extraordinary...Baradaran focuses on a part of the American story that's often ignored: the way African Americans were locked out of the financial engines that create wealth in America." -Ezra Klein When the Emancipation Proclamation was signed in 1863, the black community owned less than 1 percent of the total wealth in America. More than 150 years later, that number has barely budged. The Color of Money seeks to explain the stubborn persistence of this racial wealth gap by focusing on the generators of wealth in the black community: black banks. With the civil rights movement in full swing, President Nixon promoted "black capitalism," a plan to support black banks and minority-owned businesses. But the catch-22 of black banking is that the very institutions needed to help communities escape the deep poverty caused by discrimination and segregation inevitably became victims of that same poverty. In this timely and eye-opening account, Baradaran challenges the long-standing belief that black communities could ever really hope to accumulate wealth in a segregated economy. "Black capitalism has not improved the economic lives of black people, and Baradaran deftly explains the reasons why." -Los Angeles Review of Books "A must read for anyone interested in closing America's racial wealth gap." -Black Perspectives

Over the last few decades, banks, insurers, pension funds, investments firms and other financial institutions have become subject to sometimes dramatically new, but always substantially more, legislation. This is especially true for the EU. Moreover, Brexit has already caused profound changes to the dynamics of EU financial regulation, and its effects will likely become ever-more significant in the years to come. This book serves as a comprehensive introduction to these developments, and, more generally, to European banking and financial law. It is organised around the three economic themes that are central to the financial industry: (i) financial markets, (ii) banking and financial institutions and (iii) financial transactions. It covers not only regulatory law but also commercial law that is relevant for the most important financial transactions. This Second Edition has been completely revised. The basic structure of the First Edition has been maintained, but all chapters have been thoroughly rewritten and restructured. Attention is now also given to topics such as shadow banking and credit rating agencies. As a matter of course, all new relevant legislation and case law has been included. In addition, on the basis of real-life classroom experience, student questions and further reading suggestions have been updated and expanded.

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.

Despite abundant literature on transaction costs, there is little to no in-depth analysis regarding what the transaction is or how it works. Drawing on both Old and New Institutional Economics and on a variety of interdisciplinary sources, this monograph traces the history of the meaning of transaction in institutional economics, mapping its topicality and use over time. This manuscript treats the idea of 'transaction' as a construct with legal, competitive and political dimensions, and connects different approaches within institutional economics. The book covers the contributions of key thinkers from different schools, including (in alphabetical order) Ronald H. Coase, John R. Commons, Robert Lee Hale, Oliver Hart, Mancur Olson, Thorstein Veblen and Olver E. Williamson. This book will be of interest to advanced students and researchers of institutional economics, law and economics, and economics, and the history of economic thought.

Over the last ten years mobile payment systems have revolutionised banking in some countries in Africa. In Kenya the introduction of M-Pesa, a new financial services model, has transformed the banking and financial services industry. Giving the unbanked majority access to the financial services market it has attracted over 18 million subscribers which is remarkable given that fewer than 4 million people in Kenya have bank accounts. This book addresses the legal and regulatory issues arising out of the introduction of M-Pesa in Kenya and its drive towards financial inclusion. It considers the interaction between regulation and technological innovation with a particular focus on the regulatory tools, institutional arrangements and government decisional processes through the examination as a whole of its regulatory capacity. This is done with a view to understanding the regulatory capacity of Kenya in addressing the vulnerabilities presented by technological innovation in the financial industry for consumers after financial inclusion. It also examines the way that mobile payments have been regulated by criticising the piecemeal approach that the Central Bank of Kenya has taken in addressing the legal and regulatory issues presented by mobile payments. The book argues there are significant gaps in the regulatory regime of mobile banking in Kenya.

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.

This book is a rare addition to the literature on reforms in banking regulation. It brings together discussion and commentary from distinguished scholars covering the key area of bank corporate governance. The volume is as much reflective as forward looking and would appeal to students, academics and practitioners who wish to keep abreast of developments in this critical field and develop a more in-depth understanding of the complex and challenging nature of bank corporate governance.' - Emilios Avgouleas, University of Edinburgh, UK'This timely and thought-provoking collection explores a number of aspects of the current system of corporate governance in banks, probes their limitations and makes suggestions for further reform. It will be of particular interest to postgraduate students and researchers, academics and policy makers in the fields of banking or corporate governance.' - Andrew Johnston, University of Sheffield, UK Corporate governance in financial institutions has come under the spotlight since the banking crisis in the UK in 2008-9. In many respects, the banking business raises unique problems for corporate governance that are not found in other corporate sectors. The Law on Corporate Governance in Banks is the first work to provide a detailed survey and practical examination of key topical issues in the corporate governance of banks and financial institutions. Combining the insight and expertise of leading corporate lawyers in the field with rigorous academic analysis, the book unpicks and clarifies the legal issues that confront corporate and banking law practitioners when advising banks and financial institutions, including; governance structure, collective board responsibility, directors liability, the role of shareholders, corruption control mechanisms, remuneration, corporate accountability, and risk management. With its practical focus and strong theoretical platform, this book will be an important resource for corporate and financial lawyers seeking to understand and advise on the changing and dynamic legal landscape. Key features of the book include: - An author team of senior practitioners and leading academic experts - Detailed treatment of all the key corporate governance issues in financial sector - Comprehensive and up-to-date legislative analysis of latest reforms.

E-Commerce is a phenomenon that threads through the whole economy. Its rapid development and the increasing importance of the Internet have led to fundamental changes in the whole services sector. This applies in particular to financial services. The work deals with the legal aspects of this development, as well as those pertaining to legal policy.

Rapid growth in financial services regulation in many countries has led to demand for high quality data about agencies and institutions involved in national and international regulation of banking. This major new publication provides detailed, consistently presented information for some 300 institutions globally. It covers organizations with regulatory responsibilities, whether primary or secondary, for the banking sector on both national and international levels.
Invaluable data provided for each institution include:
- Scope of Regulation
- Legal Basis
- Financing
- Key Personnel and Organizational Structure
- History
- Current Regulatory Developments
- Regulatory Objectives
- Activities and Implementation
- Measures to Ensure Compliance
- Accountability
- Complaints and Redress
- Relationships with other Regulatory Bodies
- Principal Publications
The information provided for each regulatory body has been reviewed by a leading law firm in each jurisdiction.

Law and economics is the field of study devoted to understanding laws and legal institutions using the tools of economic theory. This growing subject has become a mainstream area of study in both law schools and economics departments and this book explores the "law and economics" approach to some of the most interesting questions, issues, and topics in law, order, and justice. Contemporary Issues in Law and Economics considers what economists call the "positive" analysis of the law - that is, using economic theory to explain the nature of the law as it actually exists. As part of this approach the author examines questions such as, what is the economic basis for the predominance of negligence rules in tort law? And, what is the explanation for the illegality of blackmail? Furthermore, another set of questions arises where the law seems to depart from the prescriptions of economic theory, and these issues are also examined in this volume. For example, the deeply rooted norm of proportionality between punishments and crimes, and the use of escalating penalties for repeat offenders, are both explored. With self-contained chapters written in a non-technical style, this book offers a rigorous discussion of the above themes while remaining accessible to those without formal legal or economic training. It offers the ideal introduction to the field of law and economics while also providing a basis for students in more advanced courses.

The volume is a collection of articles based on presentations given at a conference titled "The Crisis Management Directive - Europe's Answer for Too Big to Fail?" hosted by the Institute for Law and Finance on May 3, 2012.

The Economics of Crime presents a review of economic scholarly research in the ever-growing field of crime and punishment. Without using graphs or mathematical equations, Winter combines theory and empirical evidence relating to public policy concerns over a wide range of controversial topics such as the death penalty, racial bias in the criminal justice system, gun control, the war on drugs, fines versus imprisonment, policing tactics, and shaming punishments. In addition to offering an updated and expanded coverage of these, and other topics, this second edition is more international in scope, with the inclusion of studies that use data from Italy, Australia, the U.K., Singapore, Brazil, and others. Also included is a brand-new chapter on the application of behavioral economics to crime and punishment, providing readers with a succinct introduction to this modern and increasingly important approach to economic issues. By requiring no previous knowledge of economics, this book continues to be the perfect choice for students new to the study of economics and public policy, whether it is in the discipline of economics, political science, criminology, law, or any other field that is concerned with issues in crime and punishment. Furthermore, due to its accessibility, The Economics of Crime can be enjoyed by anyone who follows current public policy debate over some of society's most contentious issues.

Since the passage of the Prospectus Directive and the Prospectus Regulation by the European authorities in 2003, that legislation has been carefully observed by the capital markets until today. The aim of these regulations is to establish an integrated, efficient and liquid European capital market in order to protect the investors.The author describes in detail the regulations (including the annexes) starting with the genesis of the legislation by using the comitology procedure and interprets them on the basis of the CESR recommendations. He discusses numerous practical examples (e.g. the definition of a public offering, secondary placements or employee stock option schemes) and applies his interpretation.The research on hand is an extensive description and analysis of the Prospectus Directive and the Prospectus Regulation and provides a profound evaluation of one of the key issues of the European legislation of the past years.

In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.

With the extension of activities by banks and building societies, it is now difficult to demarcate between them. The differences that do still exist are largely due to the historical development of building societies and the purposes for which they were established. Many of the restrictions imposed on building societies have now been removed, but many prefer the freedom afforded to banks and have sought to register themselves under the Banking Act 1987. This book examines the law relating to banks and building societies, highlighting the differences in the regulation process and activities of the two institutions. It takes a close look at the extent to which they are both governed by the same systems of law, particularly in respect of banker and customer relationships.

This is a history-though, intentionally, a brief history-of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field's relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field-Ronald Coase, Guido Calabresi, and Richard Posner-and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.

This book defines and identifies the so-called "financial war on terror." It provides a critical review of the impact of counter-terrorist financing strategies and measures in a number of jurisdictions as well as those enacted by international organizations.

The book analyses the measures introduced by the United Nations, including the UN sanctions against terrorists and the operation of its anti-terrorist sanctions committees. The Special Recommendations of the Financial Action Task Force are also considered. Detailed commentary of the counter-terrorist financing measures of the European Union and the Council of Europe is included. Particular attention is paid to the Framework Decisions on Combating Terrorism, the Council Common Positions on Combating Terrorism and the EU Anti-Terrorism Sanctions Regime.

The book then goes onto to review the measures put in place in the US following September 11th 2001. The roles of the of the Department of Treasury, the Financial Crimes Enforcement Network and the Office of Foreign Assets Control are assessed along with the merger of its anti-money laundering and counter-terrorist financing policies. Looking to the UK Nicholas Ryder considers the UK s history of implementing counter-terrorist financing measures which were used against terrorist groups in Northern Ireland. He then goes on to explore the evolution of the UKs counter-terrorist financing measures to the recent measures against Islamic terrorist groups. The book also explores the counter-terrorist financing measures adopted in Switzerland and the impact of the financial war on terror in Saudi Arabia. The book highlights the levels of compliance in each of the selected jurisdictions with the requirements of the "financial war on terror."

Offering a much-needed legal analysis of the measures enacted under the "financial war on terror" this book is a valuable resource for those researching in law, terrorism studies, criminal justice, and finance."

Bank Regulation, Risk Management, and Compliance is a concise yet comprehensive treatment of the primary areas of US banking regulation - micro-prudential, macroprudential, financial consumer protection, and AML/CFT regulation - and their associated risk management and compliance systems. The book's focus is the US, but its prolific use of standards published by the Basel Committee on Banking Supervision and frequent comparisons with UK and EU versions of US regulation offer a broad perspective on global bank regulation and expectations for internal governance. The book establishes a conceptual framework that helps readers to understand bank regulators' expectations for the risk management and compliance functions. Informed by the author's experience at a major credit rating agency in helping to design and implement a ratings compliance system, it explains how the banking business model, through credit extension and credit intermediation, creates the principal risks that regulation is designed to mitigate: credit, interest rate, market, and operational risk, and, more broadly, systemic risk. The book covers, in a single volume, the four areas of bank regulation and supervision and the associated regulatory expectations and firms' governance systems. Readers desiring to study the subject in a unified manner have needed to separately consult specialized treatments of their areas of interest, resulting in a fragmented grasp of the subject matter. Banking regulation has a cohesive unity due in large part to national authorities' agreement to follow global standards and to the homogenizing effects of the integrated global financial markets. The book is designed for legal, risk, and compliance banking professionals; students in law, business, and other finance-related graduate programs; and finance professionals generally who want a reference book on bank regulation, risk management, and compliance. It can serve both as a primer for entry-level finance professionals and as a reference guide for seasoned risk and compliance officials, senior management, and regulators and other policymakers. Although the book's focus is bank regulation, its coverage of corporate governance, risk management, compliance, and management of conflicts of interest in financial institutions has broad application in other financial services sectors. Chapter 6 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. https://tandfbis.s3-us-west-2.amazonaws.com/rt-files/docs/Open+Access+Chapters/9780367367497_oachapter6.pdf

The depositor run on the Northern Rock bank in September 2007, which led to the bank's subsequent nationalization was the first run on a UK bank for nearly 150 years and was a seminal moment in the unfolding global financial crisis.This book provides a detailed legal analysis of the role played by financial law and regulation during this event, and the impact the episode made on the law. The contributors to the book explore and elaborate upon the legal technique of securitization, and how Northern Rock itself created and employed securitized financial assets. There is also in-depth discussion and analysis of the origin of the problems experienced in the wholesale interbank markets surrounding the Northern Rock crisis. Chapters focus on risk-based financial regulation, depositor protection, and bank rescue and resolution mechanisms in the UK before and after the Northern Rock crisis. State aid implications of the nationalization of Northern Rock, and the future of financial regulation are also considered. This timely new book will appeal to academics, postgraduate and undergraduate students in law and business schools as well as practitioners, regulators and lawmakers. Contributors include: O. Akseli, A. Campbell, F. De Cecco, J. Gray, J. Hamilton Contents: Introduction; 1. Securitisation: Was Securitisation the Culprit?; 2. Risk-based Financial Regulation Before and After Northern Rock; 3. Depositor Protection in the UK Before and After the Run on Northern Rock; 4. Bank Rescue Mechanisms in the UK: Before and After Northern Rock; 5. State Aid Implications of the Nationalisation of Northern Rock

Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.