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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Banking law
At a time when financial crime routinely crosses international
boundaries, this book provides a novel understanding of its spread
and criminalisation. It traces the international convergence of
financial crime regulation with a uniquely comparative approach
that examines key institutional and state actors including the
European Union, the International Organization of Securities
Commissions, as well as the United States, the United Kingdom,
Switzerland, France, Italy and Germany, all countries that harbour
some of the most influential stock exchanges in the Western world.
The book describes and documents the phenomenon of
internationalisation of securities frauds - such as insider trading
and market manipulation - and the laws criminalising those acts,
most notably those responding to recent dramatic transformations in
securities markets, high frequency trading, and benchmark
manipulation. At the European level, it shows the progressive
uniformisation of laws culminating in the 2014 European Union
Market Abuse Regulation. The book argues that criminal prohibitions
against internationalised market abuse must be understood as an
economic and legal imperative to protect financial markets against
activities that imperil its integrity, compromising the confidence
of investors and thus affecting the economy as a whole. The book is
supported by an extensive review of the most significant
scholarship in each country.
The Oxford Handbook of Banking, Third Edition provides an overview
and analysis of developments and research in this rapidly evolving
field. Aimed at graduate students of economics, banking, and
finance; academics; practitioners; regulators; and policy makers,
it strikes a balance between abstract theory, empirical analysis,
and practitioner and policy-related material. Split into five
distinct parts The Oxford Handbook of Banking is a one-stop source
of relevant research in banking. It examines the theory of banking,
bank operations and performance, regulatory and policy
perspectives, macroeconomic perspectives in banking, and
international differences in banking structures and environments.
Taking a global perspective it examines banking systems in the
United States, China, Japan, Australia and New Zealand, Africa, the
European Union, transition countries of Europe, and Latin America.
Thematic issues covered include financial innovation and
technological change; consumer and mortgage lending; Islamic
banking; and how banks influence real economic activity. Fully
revised and now including brand new chapters on a range of
geographical regions, bank bailouts and bail-ins, and behavioral
economics amongst many other topics, this third edition of The
Oxford Handbook of Banking provides readers with insights to
seminal and contemporary research in banking and an opportunity to
learn about the diversity of financial systems around the world.
The Oxford Handbook of Banking, Third Edition provides an overview
and analysis of developments and research in this rapidly evolving
field. Aimed at graduate students of economics, banking, and
finance; academics; practitioners; regulators; and policy makers,
it strikes a balance between abstract theory, empirical analysis,
and practitioner and policy-related material. Split into five
distinct parts The Oxford Handbook of Banking is a one-stop source
of relevant research in banking. It examines the theory of banking,
bank operations and performance, regulatory and policy
perspectives, macroeconomic perspectives in banking, and
international differences in banking structures and environments.
Taking a global perspective it examines banking systems in the
United States, China, Japan, Australia and New Zealand, Africa, the
European Union, transition countries of Europe, and Latin America.
Thematic issues covered include financial innovation and
technological change; consumer and mortgage lending; Islamic
banking; and how banks influence real economic activity. Fully
revised and now including brand new chapters on a range of
geographical regions, bank bailouts and bail-ins, and behavioral
economics amongst many other topics, this third edition of The
Oxford Handbook of Banking provides readers with insights to
seminal and contemporary research in banking and an opportunity to
learn about the diversity of financial systems around the world.
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 last few decades, many countries have reformed their
secured transactions law. One of the main reasons has been the
clear link between reform and the availability of credit, and the
drive to improve access to finance, particularly for micro, small
and medium-sized enterprises. This book focuses particularly on
developing economies in Africa, which have legal frameworks
influenced by English, French, Belgian, Roman-Dutch and other laws.
Reform in this area of law across African countries has taken a
number of forms, which are explored and discussed in this book.
Secured Transactions Law Reform in Africa is a mixture of a
critical description of the pre-reform law and practice, and the
reform process itself. It also includes a comparative analysis of
the legal provisions and an examination of the early results of the
reforms. The book sets out a road map for the future of secured
transactions reform; primarily in Africa, but also in other
countries that have undertaken or are contemplating similar
reforms. This book is the second in a series of books about Secured
Transactions Law in countries around the world, and its reform,
both on a national and an international scale. The first book,
Secured Transactions Law Reform: Principles, Policies and Practice,
was published in 2016.
This book provides a detailed analysis and critical assessment of
the EU and US resolution regimes for banks and financial
institutions on a comparative basis. The book analyses the EU legal
framework under the Bank Recovery and Resolution Directive, and
considers the challenges in national implementation through the two
largest economies within the EU, Germany and the UK. The very
influential laws of the US, (Securities Investor Protection Act
1970, and the Wall Street Reform and Consumer Protection Act:
Dodd-Franck) are used as a comparative reference point. Through
analysis of the new EU framework and of the more mature system in
the US, the book considers whether and to what extent the EU
framework and national regimes contribute to ensuring resolvability
of financial institutions, how their efficacy may be increased with
a view, in particular, to the resolution of cross border groups,
and what the future may hold, especially in respect of a single
European resolution authority.
In recent years, an increasing number of clients and third parties
have filed claims against banks such as for mis-selling financial
products, poor financial advice, insufficient disclosure of and
warning about financial risks. The scope of a bank's duty of care
seems to expand, not only to include protection of consumers
against unclear risks of complicated products but also protection
of professional parties against more obvious risks of relatively
straightforward products. This topic raises many questions, both at
a theoretical and practical level. This book provides a rich source
of information about how various jurisdictions (Germany, Austria,
France, Italy, Spain, the Netherlands, England and Wales, Ireland,
and the United States of America) deal with these questions and how
answers are found or embedded in their national legal systems. The
book also contains a detailed chapter on the MiFID I and II
conduct-of-business provisions. Finally, the book provides a
thorough comparative analysis and perspective.
The multilateral development banks cumulatively channel billions of
dollars annually in development assistance to borrower countries.
This finance is usually spent through processes that incorporate
the public procurement regulations of the banks and it is often a
condition of this finance that the funds must be spent using the
procurement regulations of the lender institution. This book
examines the issues and challenges raised by procurement regulation
in the multilateral development banks. The book examines the
history of procurement regulation in the banks; the tripartite
relationship created between the banks, borrowers and contractors
in funded procurements; the procurement documents and procurement
cycle; as well as how the banks ensure competition and value for
money in funded procurements. The book also examines the banks'
approach to sustainability concerns in public procurement such as
environmental, social or industrial concerns; as well as how the
banks address the issue of corruption and fraud in funded
contracts. Another issue that is addressed by this book is how the
banks have implemented the aid effectiveness agenda. It will be
seen that the development banks have undertaken steps to harmonise
their policies and practices, increased borrower procurement
capacity, taken steps to reduce the tying of aid, and play an
important role in the reform of borrower procurement systems, all
in an effort to improve the effectiveness of development finance.
The book also considers the contractual and other remedies that are
available to parties that may be aggrieved as a result of a funded
procurement. The book analyses, compares and contrasts the legal,
practical and institutional approaches to procurement regulation in
the World Bank, the Inter-American Development Bank, the African
Development Bank, the Asian Development Bank and the European Bank
for Reconstruction and Development.
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