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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law
During and after the 2007-2009 global financial crisis, emerging
market economies displayed remarkable resilience and maintained
robust rates of economic growth. Learning from the lessons of the
crises of the past 15 years, developing countries have adopted
measures to become less vulnerable to the external shocks that are
likely to emerge from more developed countries. Academics and
policymakers have focused on the construction of an appropriate
regulatory and supervisory framework for the banking sector. During
the 2007-2009 global crisis, banks were engaging in excessive risk
taking. Prudential banking regulation and supervision aim to curb
excessive risk taking by banks because engaging in excessive risky
transactions is the ultimate source of instability. Hence, banking
regulation is needed to deal with the failure of markets to police
banks' risky behaviours.This book discusses the impact of
regulations and supervision on banks' performance, focusing on two
emerging market economies, Turkey and Russia. It examines the way
in which regulations matter for financial stability and banking
performance from a law and economics perspective. Some of the
regulations contribute to banks' performance by reducing the
incentive for banks to take risks, hence supporting financial
stability; others however may have a detrimental effect on
financial stability. Moreover, banks react differently to
regulation under different institutional settings. Therefore, this
book takes up the debate on the efficiency of certain solutions and
approaches to banking regulation in the context of emerging
countries.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
The third edition of EU Customs Law provides a fully updated
treatment of legislation, new treaties and cases in the two courts
of the EU especially but also in Member States. This volume also
includes commentary on the Union Customs Code and secondary
legislation, and increased coverage of areas such as the wider role
of customs authorities apart from the collection of customs duty,
such as security of goods and post 9/11 developments generally, the
history of customs unions and their implications for governments,
non-EU customs unions to which EU law is relevant, and the
inter-relation between customs duty and direct tax.
If a dispute between commercial parties reaches the stage of
arbitration, the cause is usually ambiguous contract terms. The
arbitrator often resolves the dispute by applying trade usages,
either to interpret the ambiguous terms or to determine what the
given contract's terms really are. This recourse to trade usages
does not create many problems on the domestic level. However,
international arbitrations are far more complex and confusing.
Trade Usages and Implied Terms in the Age of Arbitration provides a
clear explanation of how usages, and more generally the implicit or
implied content of international commercial contracts, are
approached by some of the most influential legal systems in the
world. Building on these approaches and taking account of arbitral
practice, this book explores possible conceptual frameworks to help
shape the emerging transnational law of trade usage. Part I covers
the treatment and conceptual grounding of usages and implied terms
in the positive law of influential jurisdictions. Part II defines
the approach to usages and implied terms adopted in the design and
implementation of important uniform law instruments dealing with
international business contracts, as well as in the practice of
international commercial arbitration. Part III concludes the book
with an outline of what the conceptual grounding of trade usages
could be in the transnational law of commercial contracts.
These are papers from the 10th Cambridge Tax Law History
Conference, which took place in July 2020. The papers fall within
the following basic themes: - UK tax administration issues - UK tax
reforms in the 20th century - History of tax in the UK - The UK's
first double tax treaty - The 1982 Australia-US tax treaty - The
legacy of colonial influence - Reform of Dutch excises, and -
Canadian tax avoidance.
This book assesses the role of the doctrine of insurable interest
within modern insurance law by examining its rationales and
suggesting how shortcomings could be fixed. Over the centuries,
English law on insurable interest - a combination of statutes and
case law - has become complex and unclear. Other jurisdictions have
relaxed, or even abolished, the requirement for an insurable
interest. Yet, the UK insurance industry has overwhelmingly
supported the retention of the doctrine of insurable interest. This
book explores whether the traditional justifications for the
doctrine - the policy against wagering, the prevention of moral
hazard and the doctrine's relationship with the indemnity principle
- still stand up to scrutiny and argues that, far from being
obsolete, they have acquired new significance in the global
financial markets and following the liberalisation of gambling. It
is also argued that the doctrine of insurable interest is an
integral part of a system of insurance contract law rules and
market practice. Rather than rejecting the doctrine, the book
recommends a recalibration of insurable interest to afford better
pre-contractual transparency to a proposer as to the suitability of
the policy to his or her interest in the subject-matter to be
insured. Providing a powerful defence for the retention of
insurable interest, this book will appeal to both academics and
practitioners working in the field of insurance law.
"At the end of the Trail of Tears there was a promise," U.S.
Supreme Court Justice Neil Gorsuch wrote in the decision issued on
July 9, 2020, in the case of McGirt v. Oklahoma. And that promise,
made in treaties between the United States and the Muscogee (Creek)
Nation more than 150 years earlier, would finally be kept. With the
Court's ruling, the full extent of the Muscogee (Creek) Reservation
was reaffirmed-meaning that 3.25 million acres of land in Oklahoma,
including part of the city of Tulsa, were recognized once again as
"Indian Country" as defined by federal law. A Promise Kept explores
the circumstances and implications of McGirt v. Oklahoma, likely
the most significant Indian law case in well over 100 years.
Combining legal analysis and historical context, this book gives an
in-depth, accessible account of how the case unfolded and what it
might mean for Oklahomans, the Muscogee (Creek) Nation, and other
tribes throughout the United States. For context, Robbie Ethridge
traces the long history of the Muscogee (Creek) Nation from its
inception in present-day Georgia and Alabama in the seventeenth
century; through the tribe's rise to regional prominence in the
colonial era, the tumultuous years of Indian Removal, and the Civil
War and allotment; and into its resurgence in Oklahoma in the
twentieth and twenty-first centuries. Against this historical
background, Robert J. Miller considers McGirt v. Oklahoma,
examining important related cases, precedents that informed the
Court's decision, and future ramifications-legal, civil,
regulatory, and practical-for the Muscogee (Creek) Nation, federal
Indian law, the United States, the state of Oklahoma, and Indian
nations in Oklahoma and elsewhere. Their work clarifies the stakes
of a decision that, while long overdue, raises numerous complex
issues profoundly affecting federal, state, and tribal relations
and law-and will continue to do so for the foreseeable future.
Following many months of debate and lobbying, the new Bills of
Exchange Amendment Act became law on 1 March 2001. This Act seeks
to amend the Bills of Exchange Act in order to simplify and clarify
the law relating to cheques and to accommodate the advances of
technology, as well as to reduce the high incidence of cheque
fraud. The Commentary deals specifically with each amendment, and
gives a clear analysis of its legal effect.;(Supplement to the
Handbook on the Law of Negotiable Instruments - 2nd ed, 1997)
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