Using case studies ranging from cross-border bank resolution to sovereign debt, the author analyzes the role of international law in protecting financial sovereignty, and the risks for the global financial system posed by the lack of international cooperation. Despite the post-crisis reforms, the global financial system is still mainly based on a logic of financial nationalism. International financial law plays a major role in this regard as it still focuses more on the protection of national interests rather than the promotion of global objectives. This is an inefficient approach because it encourages bad domestic governance and reduces capital mobility. In this analysis, Lupo-Pasini discusses some of the alternatives (such as the European Banking Union, Regulatory Passports, and international financial courts), and offers a new vision for the role of international law in maintaining and fostering global financial stability. In doing so, he fills a void in the law and economics literature, and puts forward a solution to tackle the problems of international cooperation in finance based on the use of international law.

Why and in what ways have lawyers been importing economic theories into a legal environment, and how has this shaped scholarly research, judicial and legislative work? Since the financial crisis, corporate or capital markets law has been the focus of attention by academia and media. Formal modelling has been used to describe how capital markets work and, later, has been criticised for its abstract assumptions. Empirical legal studies and regulatory impact assessments offered different ways forward. This book presents a new approach to the risks and benefits of interdisciplinary policy work. The benefits economic theory brings for reliable and tested lawmaking are contrasted with important challenges including the significant differences of research methodology, leading to misunderstandings and problems of efficient implementation of economic theory's findings into the legal world. Katja Langenbucher's innovative research scrutinises the potential of economic theory to European legislators faced with a lack of democratic accountability.

The global shift from the direct holding of securities by investors to the current intermediated holding system raises many important legal issues. These include the impact of the intermediated holding system on the rights of investors, and the enforcement of those rights against intermediaries and issuers. The cross-border nature of many holding patterns adds another layer of complexity to these issues, and reduces legal certainty. Against this, intermediation offers benefits for many investors, including the ability to hold a cross-border portfolio with one intermediary, a reduction in costs and the facilitation of the use of securities in the collateral, repo, and securities lending markets. This book covers a number of legal topics relating to intermediated securities including the history of intermediation, the benefits and problems in the current intermediated holding system, and how future legal and technological developments could help to resolve these problems while retaining the benefits of intermediation. It also examines the possible impact of FinTech on this area, in particular the potential for Blockchain to be used in the issuing, holding and settlement of securities, the extent to which this will solve some of the difficulties that currently exist, and whether the use of Blockchain will create new difficulties that will need to be overcome. This book, which originated in a series of workshops organised by the Commercial Law Centre at Harris Manchester College, Oxford, will appeal to those interested in financial and corporate law, including academics, practitioners, policy makers and students.

If a broker-dealer liquidates in federal bankruptcy court, why does an insurance company liquidate in state court, and a bank outside of court altogether? Why do some businesses re-organize under state law 'assignments', rather than the more well-known Chapter 11 of the Bankruptcy Code? Why do some laws use the language of bankruptcy but without advancing policy goals of the Bankruptcy Code? In this illuminating work, Stephen J. Lubben tackles these questions and many others related to the collective law of business insolvency in the United States. In the first book of its kind, Lubben notes the broad similarities between the many insolvency systems in the United States while describing the fundamental differences lurking therein. By considering the whole sweep of these laws - running the gamut from Chapter 11 to obscure receivership provisions of the National Bank Act - readers will acquire a fundamental understanding of the 'law of failure'.

The 2018 Edition contains the major chapters of title 12 of the United States Code covering the National Bank Act, the Federal Reserve Act, the Federal Deposit Insurance Corporation Act, the Home Owners Loan Act, the Federal Credit Union Act, the Bank Holding Company Act, the Bank Service Company Act, and the International Banking Act. The supplement reflects the changes made by the Dodd-Frank Act. Additions made by Dodd-Frank to existing statutory provisions are underlined so the reader may easily locate the Dodd-Frank changes. In addition, each statutory provision includes a citation to the section of Dodd-Frank which amends it. New statutory provisions of Dodd-Frank codified in Chapter 53 of Title 12 (including provisions relating to the FSOC, CFPB, and the Orderly Liquidation Authority) are included as well. Relevant provisions of the Securities Exchange Act, federal provisions relating to insurance, and the Gramm-Leach-Bliley Act's provisions related to privacy are also included. Excerpts from the New York banking statutes provide a sample of state regulation of banking. The supplement also contains selected regulatory provisions from the Comptroller of the Currency, the Federal Reserve System Board of Governors, the Federal Deposit Insurance Corporation, as well as the table of contents of regulations issued by the Consumer Financial Protection Bureau.

Many infrastructure projects around the world are funded through the project finance method, which combines private financing with public sector backing from multilateral finance institutions such as the World Bank. This examination of the theoretical and practical implications of such funding begins with a discussion of the relationship between the financial structuring of these projects and finance, policy and legal disciplines, especially in the form of investment law, human rights and environmental law. A number of case studies are then examined to provide practical insights into the application (or otherwise) of human rights and sustainable development objectives within such projects. While these theoretical perspectives do not conclude that the project finance method detracts from the application or implementation of human rights and sustainable development objectives, they do highlight the potential for the prioritisation of investment returns at the expense of human rights and environmental protection standards.

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 current global financial system may not withstand the next global financial crisis. In order to promote the resilience and stability of our global financial system against future shocks and crises, a fundamental reconceptualisation of financial regulation is necessary. This reconceptualisation must begin with a deep understanding of how today's financial markets, regulatory initiatives and laws operate and interact at the global level. This book undertakes a comprehensive analysis of such diverse areas as regulation of financial stability, modes of supply of financial services, market infrastructure, fractional reserve banking, modes of production of global regulatory standards and the pressing need to reform financial sector ethics and culture. Based on this analysis, Reconceptualising Global Finance and its Regulation proposes realistic reform initiatives, which will be of primary interest to regulatory and banking legal practitioners, policy makers, scholars, research students and think tanks.

Dieses zweisprachige Buch gilt inzwischen als Standardwerk. Es liegt nunmehr in 6. Auflage mit Rechtsstand Juni 2010 vor. Der Ratgeber ist aus der praktischen Arbeit der beiden Autoren entstanden. Beide befassen sich seit mehr als 20 Jahren mit der Bearbeitung von deutsch-spanischen Rechts- und Steuerrechtsf llen. Sie stellen - wo immer n tig - die Probleme nach spanischem und deutschem Recht dar. Das Buch gibt viele praktische Hinweise und behandelt u.a. das relevante Kaufrecht, Erbrecht und Steuerrecht aus beiden Staaten. Er rtert werden Themen mit praktischer Relevanz, z.B. wie kann die Sicherheit bei Immobilientransaktionen erh ht werden, welche Steuerwirkungen treten in Spanien und gegebenenfalls verzahnt in Deutschland auf oder was ist zivilrechtlich, steuerrechtlich und notariell zu bedenken, wenn Deutsche in Spanien Immobilieneigentum erwerben oder halten. Es wird in erster Linie f r deutsche K ufer und Verk ufer ver ffentlicht. Weil es praxisorientiert ist, kann es aber auch Verbraucherverb nden, Kreditinstituten und Versicherungen, Rechtsanw lten, Notaren und Steuerberatern n tzliche Dienste erweisen. Die vollst ndige Zweisprachigkeit des Buches dient au erdem der Kommunikation bei Immobilientransaktionen zwischen der deutschen und der spanischen Seite (K ufer/Verk ufer/Erben) und erleichtert den Umgang mit den spanischen Beh rden und Institutionen.

This is the first major casebook devoted to international banking law. It examines cutting edge legal and regulatory developments in international banking law, as focused through the business and structural means by which banks conduct international activities-the business of international banking. In doing so, the book highlights the fact that, as international banking has grown and increasingly plays a key role in the international economy, so have practical and policy concerns arisen that have caused an increasing need and support for international banking laws and regulation. The book presents the practical aspects of legal issues that arise in the most common international banking transactions, including the legal role of international banks in letters of credit transactions, international loan syndications and international deposit transactions-so called "ringfencing" of deposits. In so doing, the book seeks to engage the student to understand the respective roles, responsibilities and liabilities of banks associated with these transactions, and the related regulatory concerns reflected in banking laws, regulations and policies. This book also explores international banking regulation, including an analysis of the international principles of bank supervision and the evolving work and influence of the Basel Committee on Bank Regulation and Supervision and regulation of U.S. banks in foreign markets. Significantly, it examines critical international banking legal issues and policies in the context of the recent global financial crisis, government "bailouts" and global financial regulatory reform initiatives responding to the crisis, the causes of the global financial crisis, government reactions and perceived weaknesses in the international financial regulatory system, and regulatory reform covering the Dodd-Frank Act, G-10 and Basel Committee reform initiatives. The book also examines the regulation of foreign banking organizations in the U.S. under the Federal Reserve Board's Regulation K and International Banking Act, Foreign Bank Supervision and Enhancement Act and related laws and regulations. Also, the book analyzes current legal and regulatory developments in anti-terrorism, money laundering, and embargo laws as relates to international banking operations. Finally, the book covers the "single rulebook" banking regulation of the European Monetary Union-the first transnational regulation of international banking. The book also presents emerging ethical considerations in international banking law practice, and the implications of relevant ethical guidance by the American Bar Association and the International Bar Association.

The current global financial system may not withstand the next global financial crisis. In order to promote the resilience and stability of our global financial system against future shocks and crises, a fundamental reconceptualisation of financial regulation is necessary. This reconceptualisation must begin with a deep understanding of how today's financial markets, regulatory initiatives and laws operate and interact at the global level. This book undertakes a comprehensive analysis of such diverse areas as regulation of financial stability, modes of supply of financial services, market infrastructure, fractional reserve banking, modes of production of global regulatory standards and the pressing need to reform financial sector ethics and culture. Based on this analysis, Reconceptualising Global Finance and its Regulation proposes realistic reform initiatives, which will be of primary interest to regulatory and banking legal practitioners, policy makers, scholars, research students and think tanks.