The Oxford Handbook of Banking, Second Edition provides an overview and analysis of developments and research in banking written by leading researchers in the field. This handbook will appeal to graduate students of economics, banking and finance, academics, practitioners, regulators, and policy makers. Consequently, the book strikes a balance between abstract theory, empirical analysis, and practitioner, and policy-related material.
The Handbook is split into five parts. Part I, The Theory of Banking, examines the role of banks in the wider financial system, why banks exist, how they function, and their corporate governance and risk management practices. Part II deals with Bank Operations and Performance. A range of issues are covered including bank performance, financial innovation, and technological change. Aspects relating to small business, consumer, and mortgage lending are analysed together with securitization, shadow banking, and payment systems. Part III entitled Regulatory and Policy Perspectives discusses central banking, monetary policy transmission, market discipline, and prudential regulation and supervision. Part IV of the book covers various Macroeconomic Perspectives in Banking. This part includes a discussion of systemic risk and banking and sovereign crises, the role of the state in finance and development as well as how banks influence real economic activity. The final Part V examines International Differences in Banking Structures and Environments. This part of the Handbook examines banking systems in the United States, European Union, Japan, Africa, Transition countries, and the developing nations of Asia and Latin America.

The field of consumer credit law has undergone major and fundamental change in the recent past, due in part to the regulation since 1 April 2014 of consumer credit by the Financial Conduct Authority, and this book provides a clear and complete guide to this difficult area of law. Fully updated for the second edition, the author considers new developments including: the new authorisation process under the Financial Services and Markets Act 2000, including the interim permission regime, and its consequences; the new regime for financial promotions as applied to credit and hire advertising; the new rules controlling high cost short term lending and peer to peer lending; the new provisions of the recently released Consumer Credit Sourcebook (CONC); the new requirements governing mortgage lending as contained in MCOB; the requirements for distance selling and off-premises contracts as applied to consumer credit and consumer hire including the impact of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; the jurisdiction of the financial ombudsman service on consumer credit. Also considered is the recent case law on the powerful unfair relationships jurisdiction. This comprehensive and practical guide is essential reading for legal practitioners, finance houses, credit reference agencies and retail organisations.

Children's Rights and Business: Governing Obligations and Responsibility is a comprehensive legal inquiry into children's rights and business. Relying on insights from various disciplines, the book illustrates the need for a children-focused inquiry on business and human rights. An analysis of the norm legalization process around the regulation of business and human rights, particularly of children's rights follows the inquiry into existing hard and soft law regulatory frameworks on children's rights and business. The book goes on to evaluate the promise of these frameworks in light of globalized business transactions through the lens of in-depth case illustrations on children's rights in cotton and mineral supply chains and children's rights in large-scale energy and transport investment projects. Finally, it concludes with a normative outlook on governing the children's rights obligations of businesses and responsibility when violations occur, drawing on global governance approaches.

Over the past two decades, the banking industry has expanded and consolidated at a stunningly unprecedented speed. In this time banks have also moved from focusing purely on commercial banking activities to being heavily involved in market-based and transaction-oriented wholesale and investment banking activities. By carrying out an all-encompassing set of activities, banks have become large, complex, interconnected, and inclined to levels of risk-taking not previously seen. With the onset of the 2008 global financial crisis it became apparent that there was an issue of institutions being too big to fail. This book analyses the too-big-to-fail problem of banks in the EU. It approaches the topic from an interdisciplinary perspective using behavioural finance as a tool to examine the occurrence of the global financial crisis and the emergence of the structural problem in large banking institutions. The book draws a comparison between the EU, the US and the UK and the relevant rules to assess the effectiveness of various approaches to regulation in a global context. Chen Chen Hu goes on to use behavioural analyses to provide new insights in evaluating the current structural reform rules in the EU Proposal on Bank Structural Regulation and the newly adopted bank recovery and resolution regime in the EU Bank Recovery and Resolution Directive and the Single Resolution Mechanism (SRM) in the Single Resolution Regulation.

Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leading jurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question. This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in these countries highlighting the absence of uniformity in this area of law despite the implementation of MiFID in Europe. The section on European law provides an overview of the regulation in this field regionally and provides the context in which the national chapters explore the regulation at country level. The comparative evaluation at the end of the book provides a thoughtful assessment of the impact of regulatory frameworks on asset managers private law duties and liabilities. The Introduction situates the country-by-country material within the broader context of questions about regulatory design and effectiveness.

Scores of lawsuits have pushed retirement plan sponsors to shorter, easier-to-navigate menus, but - as Ian Ayres and Quinn Curtis argue in this work - we've only scratched the surface of retirement plan design. Using participant-level plan data and straightforward tests, Ayres and Curtis show how plan sponsors can monitor plans for likely allocation mistakes and adapt menus to encourage success. Beginning with an overview of the problem of high costs and the first empirical evidence on retirement plan fee lawsuits, they offer an overview of the current plan landscape. They then show, based on reforms to a real plan, how streamlining menus, eliminating pitfalls, and adopting static and dynamic limits on participant allocations to certain risky assets or 'guardrails' can reduce mistakes and lead to better retirement outcomes. Focusing on plausible, easy-to-implement interventions, Retirement Guardrails shows that fiduciaries need not be limited to screening out funds but can design menus to actively promote good choices.

The Oxford Handbook of Banking provides an overview and analysis of state-of-the-art research in banking written by leading researchers in the field. This handbook will appeal to graduate students of economics, banking and finance, academics, practitioners and policy makers. Consequently, the book strikes a balance between abstract theory, empirical analysis, and practitioner and policy-related material.
The handbook is split into five parts. Part I, The Theory of Banking, examines the role of banks in the wider financial system, why banks exist, how they function, and their legal and governance structures. Part II entitled Regulatory and Policy Perspectives discusses monetary policy, prudential regulation and supervision, and antitrust policy. Part III deals with Bank Performance. A number of issues are assessed including efficiency, financial innovation and technological change, globalization and ability to deliver small business, consumer, and mortgage lending services. Part IV of the book provides an overview of Macroeconomic Perspectives in Banking. This part includes a discussion of the determinants of bank failures and crises, and the impact on financial stability, institutional development, and economic growth. Part V examines International Differences in Banking Structures and Environments. This part of the handbook examines banking systems in the United States, Western Europe, Transition countries, Latin America, Japan and the developing nations of Asia.

In Legislating International Organization, Kathryn Lavelle argues against the commonly-held idea that key international organizations are entities unto themselves, immune from the influence and pressures of individual states' domestic policies. Covering the history of the IMF and World Bank from their origins, she shows that domestic political constituencies in advanced industrial states have always been important drivers of international financial institution policy. Lavelle focuses in particular on the U.S. Congress, tracing its long history of involvement with these institutions and showing how it wields significant influence. Drawing from archival research and interviews with members and staff, Lavelle shows that Congress is not particularly hostile to the multilateralism inherent in the IMF and World Bank, and has championed them at several key historical junctures. Congress is not uniformly supportive of these institutions, however. As Lavelle illustrates, it is more defensive of its constitutionally designated powers and more open to competing interest group concerns than legislatures in other advanced industrial states. Legislating International Organization will reshape how we think about how the U.S. Congress interacts with international institutions and more broadly about the relationship of domestic politics to global governance throughout the world. This is especially relevant given the impact of 2008 financial crisis, which has made the issue of multilateralism in American politics more important than ever.

The Independence Principle of Letters of Credit and Demand Guarantees offers a comprehensive and authoritative analysis of the principle of independence, a fundamental element of Letters of Credit and Demand Guarantees. It examines the key issues involved in the practical application of this principle and the increasing exceptions to it, including a detailed account of the rules in this area. Beginning with an elementary account of the law of Letters of Credit and Demand Guarantees, the following chapters guide practitioners on the parameters of the Independence Principle. It will discuss the limitations of the principle, and assess whether new exceptions should be introduced. With English law and practice as the main focus of the work, comparisons to other major common law jurisdictions (including Australia, Canada, USA and Singapore) will be made where relevant and instructive. The landscape of the law in this area has changed markedly as a result of judicial decisions within the last five years,and revisions of the ICC Uniform Customs and Practice for Documentary Credits (2007) and ICC Uniform Rules for Demand Guarantees (2010). The fully updated analysis takes into account all the important developments that have taken place in this field in recent years and will prove a valuable reference tool to practitioners and academics alike.

This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees.
It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferred payment letters of credit, fraud as no honest belief, unconscionable conduct and illegality. Vitally, the book provides analysis of the relevant judicial decisions and offers clear practical guidance on which defences are most suitable for each instrument.
As the instruments are heavily used in international trade, this work is particularly suited to financial and commercial law practitioners who draft agreements, as well as those who advise on disputes concerning these instruments. Accessible and engaging, the book is also relevant for academics and students.

This new edition of The Law of Trusts provides comprehensive and up to date coverage of both the general principles and the application of trust law in specific areas of legal practice.
The book has been fully revised and updated to take into account recent legislation and case law from key trust jurisdictions, and to include new material on the rule in Hastings-Bass; different applications of the constructive trust; trustees' liability for breach of trust; the taxation of trusts and estate planning; trusts of pension schemes and financial regulation. It also contains expanded material on areas that have recently grown in importance, such as the emergence of shams and retention of control of trust assets by the settlor; and the growing use of Special Purpose Vehicles in offshore commercial dealings.
The book is helpfully split into two parts along these lines: Part One considers the general principles involved and includes coverage of: all aspects of express private trusts; the duties and powers of trustees; the variation of trusts; trusts implied by law; and breach of trusts. Part Two puts the general principles to work by covering key practice areas including: insolvency; private client trusts; international trusts; pension funds; financial transactions; commercial transactions; and trusts of land. This is a substantial work written by expert academics who also have experience of practice, supported by contributions from key specialists.

The Oxford Handbook of Banking provides an overview and analysis of state-of-the-art research in banking written by leading researchers in the field. This handbook will appeal to graduate students of economics, banking and finance, academics, practitioners and policy makers. Consequently, the book strikes a balance between abstract theory, empirical analysis, and practitioner and policy-related material.
The handbook is split into five parts. Part I, The Theory of Banking, examines the role of banks in the wider financial system, why banks exist, how they function, and their legal and governance structures. Part II entitled Regulatory and Policy Perspectives discusses monetary policy, prudential regulation and supervision, and antitrust policy. Part III of the book deals with bank performance. A number of issues are assessed including efficiency, financial innovation and technological change, globalization and ability to deliver small business, consumer, and mortgage lending services. Part IV of the book provides an overview of macroeconomic perspectives in banking. This part of the book includes a discussion of the determinants of bank failures and crises, and the impact on financial stability, institutional development, and economic growth. Part V examines International Differences In Banking Structures And Environments. This part of the handbook examines banking systems in the United States, Western Europe, Transition countries, Latin America, Japan and the Developing nations of Asia.

A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the "Chicago school," the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.

The European Takeover Directive and Its Implementation describes the history and the political and economic objectives of the Directive. Paul Van Hooghten offers detailed commentary on the text of the Directive including a discussion and explanation of each article. He provides insight on national takeover legislation as amended by the Directive in a number of key jurisdictions.
This publication also addresses the optional agreements provided for in the Directive and all of the different provisions that may apply in the various member states. Particular attention is given to new provisions resulting from the Directive, with analysis from attorneys in each member state. Key issues covered include a discussion of the rights of employees under the Directive, a timetable for implementation, the sanctions for not implementing on schedule, and analysis of whether the Directive is compatible with the WTO obligations of the EU. Special attention in given to the Directive's impact on US companies bidding on companies established in the EU.

This book outlines the financial services regulatory framework in 16 countries in the Asia Pacific region. Contributors from leading commercial law firms across the region provide a clear explanation of the relevant regulatory bodies and their powers, with consideration of the effects of each jurisdiction's national legislation.
This title is supported by two companion volumes covering Europe and the Middle East. The series describes the principle regulatory authorities that oversee the banking, insurance and securities activities within each country. A highly practical Questions and Answers section highlights the key issues of practical importance: What enforcement powers do the relevant authorities in each country have? What scope is there for foreign entities to conduct banking, insurance, securities activities and fund marketing activities in or into each country? What is the authorization and registration process in each jurisdiction? Supporting commentary examines the nature and scope of the current regulation and prospective market developments.
The complete three volume series covers over 60 countries and is an essential reference point for those needing a practical insight into international financial services regulation and the regimes operating within jurisdictions other than their own.

This book outlines the financial services regulatory framework in 11 countries in the Middle East. Contributors from leading commercial law firms across the region provide a clear explanation of the relevant regulatory bodies and their powers, with consideration of the effects of each jurisdiction's national legislation.
This title is supported by two companion volumes covering Europe and Asia Pacific. The series describes the principle regulatory authorities that oversee the banking, insurance and securities activities within each country. A highly practical Questions and Answers section highlights the key issues of practical importance: What enforcement powers do the relevant authorities in each country have? What scope is there for foreign entities to conduct banking, insurance, securities activities and fund marketing activities in or into each country? What is the authorisation and registration process in each jurisdiction? Supporting commentary examines the nature and scope of the current regulation and prospective market developments.
The complete three volume series covers over 60 countries and is an essential reference point for those needing a practical insight into international financial services regulation and the regimes operating within jurisdictions other than their own.

McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by our greatest Chief Justice. Much of this praise is merited for it is brilliantly argued, far reaching in its implications, and unusually eloquent. While Marshall, dedicated to the vision of a powerful and growing nation, ultimately laid the foundation for the living constitution, the impact of the opinion in his own time was short-lived. Almost all treatments of the case consider it from the vantage point of Chief Marshall's decision in which he famously declared the act creating the Second Bank of the United States constitutional and Maryland's attempt to tax it unconstitutional. Yet a careful examination of the context in which the case emerged reveals other, even more important issues involved that Marshall chose to ignore: the private profit making nature of the Second Bank of the United States; the power of the Bank to create branches in the states without their consent, which many people viewed as a direct assault upon the sovereignty of the states; and the differences between a tax levied by a state for the purposes of raising revenue and one which was meant to destroy the operations of the branches of the Bank. Addressing these issues most likely would have undercut Marshall's extreme nationalist view of the constitution, and his unwillingness to adequately deal with them produced immediate, widespread, yet varied dissatisfaction among the States. These issues are particularly important as the Supreme Court was forced to rehear them in Osborn et. al. v. Bank of the United States (1824) and they also formed the basis for Andrew Jackson's famous veto for the re-chartering of the Bank in 1832. Not only the first in-depth examination of McCulloch v. Maryland, but also a new interpretation of this familiar and landmark decision, this sharply argued book provides much new information and fresh insight into a source of constant division in American politics, past and present.

Subrogation: Law and Practice provides a clear and accessible account of subrogation, explaining when claimants are entitled to the remedy, how they should formulate their claims, and what practical difficulties they might encounter when attempting to enforce their subrogation rights. Although subrogation is a remedy that is frequently claimed in Chancery and commercial practice, the reasons why it is awarded and the way it works can often be misunderstood. In this text authors aim to present the subject in clear and simple terms through a structure that is readily accessible and of benefit to practitioners. Following an introductory overview, and discussion of the rules which determine the discharge of obligations by payment, the book is divided into three parts. Part II considers subrogation to extinguished rights, and explains all the consequences of the House of Lords' finding in Banque Financiere de la Cite v Parc (Battersea) Ltd that this form of subrogation is a remedy for unjust enrichment. The discussion examines the requirements that the defendant has been enriched, and that this enrichment has been gained at the claimant's expense. It also considers the most important reasons why a court might find that a defendant's enrichment is unjust, the defences which can be raised to a claim, the form of the remedy, and additional practical issues. Part III looks at insurers' claims to be subrogated to their insureds' subsisting rights, and carefully analyses the substantial body of case law on this subject which has built up over the past two hundred years. Finally, Part IV concerns the special insolvency rules which entitle claimants to acquire an insolvent party's subsisting indemnity rights against a third party. The discussion takes in claims under the Third Parties (Rights against Insurers) Act 1930 and claims by the creditors of trustees to be indemnified out of the trust estate. This work explains the underlying principles and practical operation of subrogation and is a readily accessible guide for the busy professional.

The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Department of Trade and Industry has been conducting a major revision of consumer credit law over the past few years. Its proposals on substantial changes to existing law were contained in its White Paper published in December 2003: Fair, Clear and Competitive - The Consumer Credit Market in the 21st Century. Since then, this programme has been implemented by a series of new statutory instruments and a major new Consumer Credit Act which runs to 70 sections and revolutionises the present law and practice of consumer credit. The new Act principally amends the Consumer Credit Act 1974, which is the statute governing the licensing of, and other controls on, traders concerned with the provision of credit or the supply of goods on hire or hire-purchase to individuals. Significant changes brought in by the new Act include the following; * The re-definition of "consumers" whose agreements are to be regulated by the Act and financial ceilings on consumer credit and hire agreements removed * The consequences of trading without a license are to be made more severe and the whole process of licensing to be modernised * Consumer credit is to be brought within the remit of the Financial Ombudsman This Guide covers all of these new provisions, together with the growing importance of the internet and electronic technology to this area of the law, whilst also placing the new Act in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require.

This book addresses the legal background of the derivative business. The author analyses existing rules and comes to the conclusion that further regulation is superfluous. The European legal systems are aware of substantiated principles that are applicable to this type of business, such as those from the insurance and gambling fields. Established instruments of the law of obligations and criminal law offer better protection than the mere expansion of supervisory authorities.

Countries around the world are facing pressing needs to enhance financial planning mechanisms for individuals with cognitive impairment. The book provides the first comparative study of the three most common of such mechanisms in Asia and the West, namely guardianship, enduring/lasting powers of attorney, and special needs trusts. It involves not only scholarly overviews of the mechanisms in the jurisdictions studied, but also thorough, structured and critical reviews of their operational experiences. This book will have broad appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law. It is widely recognised in the field that books like this one are needed. This book will also be of interest to undergraduate and graduate students in mental health, disability law and elder law.

This book focuses on the legal implications of how assets are held on behalf of investors by other parties (such as brokers, investment managers, specialist custodians and central depositaries) and in particular how the chosen method affects the legal rights of the investor over the assets in question. The impact of immobilisation, dematerialisation, fungible holdings and settlement practices are all considered. The book also covers the effect of the use of custody assets for security, the duties of custodians, the remedies of investors, cross-border custody and the regulatory response to custody business. An authoritative work for practitioners, academics and reference libraries specializing in financial services, banking and investment law, both in the UK and internationally, it provides one of the clearest and most up to date analyses of these subjects available.