In this era of late-modern capitalism the forces of internationalization and technological innovation are transforming both global and national economies. A key feature of these transformation processes is the increasing strategic economic, political and social importance of the financial services sector to nation states and trading blocs. The increasing size and volatility of the world's financial markets underline the importance of better understanding: how financial markets work; how they should be regulated; and the significance of the problem of white collar crime in the financial services sector. This text addresses these key questions through a synthesis of legal, historical and sociological approaches in its critique of financial services regulation. This strategy integrates perspectives based in structuration theory, censure theory, modernity theory and the literature on legitimacy in its analysis of the actors, structures and processes that construct regulation and deviancy in the financial services sector. Based on a detailed analysis of regulation in the UK, the book examines the global and national forces and processes which interact to produce systems of financial services regulation. The UK regulatory system is contrasted with those of other jurisdictions, in particular the US, demonstrating the role of national and cultural factors in shaping such systems. This work should be of specific interest to financial services professionals, corporate lawyers, regulators and academics.

This text offers a systematic survey of the rules and practice with regard to the place of taxable transactions in European VAT. The author first deals with the relevant theories and principles, in particular the avoidance of double taxation or the absence of taxation in the field of VAT and the territoriality, destination, benefit and equality principles. Four subsequent chapters analyze the rules relating to the place of taxable transactions with regard to supply of goods, supply of services, intra-Community acquisitions including simplification measures for triangulation, and importation, respectively. In each case the legislative history of the relevant provision of the Second Directive, the Proposal for the Sixth VAT Directive and the original Sixth VAT Directive are included. The discussion of existing rules is illustrated by practical examples and the case law of the European Court of Justice. The last chapter deals with the "final system" as proposed by the European Commission, providing for a single place of taxation for VAT purposes within the Community.

Departing from an International Relations perspective, this book inquires how industry self-regulation affects the role of international law in governing global banks. It provides case studies of the Wolfsberg Principles and the Equator Principles.

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel, Switzerland, and is the partner in charge of the sports arbitration practice at Levy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

This book is a comparative study of the tax systems of Germany and Japan. It is a considerably expanded version of Iizuka's previous monograph, Veritable Bookkeeping Records, which was important enough a contribution to comparative tax studies that it was serialized and published in twenty-six parts over three years ('79-'82) in the Japan Society of Accounting's journal, "Accounting."

The present volume includes a good deal of new, revised and updated material not included in the first monograph. Here Iizuka boldly puts forward counterarguments to the opinions of several hundred Japanese, European and North American scholars. One of his chief messages is that Japan needs to look to Germany, to the United States and to other EC nations for guidance in developing fairer accounting principles.

The eminent legal scholar James Willard Hurst's sociological analysis of the relation between law and private business in relation to society at large Hurst argues that law and business support the same goals of efficiency and humanity, and examines their interrelationship toward that end in terms of ethical issues related to public policy, money supply, the impact of incremental change, inflation and deflation, monopoly and competition, and other economic factors. Based on Hurst's lectures at The University of Wisconsin in April, 1981. James Willard Hurst 1910-1997] is widely recognized as the father of modern American legal history. He taught at University of Wisconsin Law School. A prolific scholar and writer, Hurst's major works include The Growth of American Law: The Law Makers (1950), Law and The Conditions of Freedom in The Nineteenth-century United States (1956), Law and Economic Growth: The Legal History of the Wisconsin Lumber Industry 1835-1916 (1964), Law and Social Process in U.S. History (1960) and Law and Social Order in the United States (1977). CONTENTS Introduction: The Market, the Law, and Challenges of Scarcity Chapter 1 Law and the Constitution of the Market Chapter 2 The Market in Social Context Chapter 3 Bargaining through Law and through Markets Notes Sources Cited Index

This book presents the development and reformation of economic law in China and explores the "three relationships" between the government and market, between reform and rule of law, and between the constitution and economic law. On this basis, it subsequently focuses on development theory, distribution theory, risk theory and crisis theory. Further, it addresses effective development, fair distribution, and prevention and resolution of related risks and crises, which are important functions of economic law. In order to achieve the above functions and objectives, the book argues, we must vigorously promote the integration of rule of law in economic law, and constantly refine the theory of economic rule of law employed in China.The book demonstrates that no matter how the "three major relationships" are adjusted or the relevant systems are reformed - i.e., regarding the implementation of the concept of coordinated development or the optimization of economic structures; the solution of distribution problems or the improvement of distribution systems; the prevention of risks or the response to crises - any such changes depend on economic rule of law. The above-mentioned theoretical discussion presents a "new horizon" of contemporary Chinese economic law theory, which will be of great value to the future development of economic law theory.

This volume covers the development of bank supervisory standards for an emerging Chinese Economic Circle (CEC) in which the People's Republic of China, Taiwan and Hong Kong form an informal interdependent relationship through their significant and increasing inter-investment and inter-trade activities. The PRC, Taiwan and Hong Kong have all embarked on definitive plans to liberalize the regulation of their respective banking industries and to develop Shanghai, Taipei and Hong Kong into major regional financial centres. The author suggests that in order to do this successfully, it is necessary that the "core value" of prudential supervision, which is based on banking standards from the UK, USA, EU and the Basle Committee, is fully integrated into Chinese banking law and practice. The author concludes that banking supervision in the CEC should be conferred with a wide degree of discretionary power to take the necessary measures to preserve this "core value" of prudential supervision. The book should be of prime interest to academics and practitioners in the field of banking law, particularly those with a special interest in the Asia-Pacific region.

In the minds of some, complying with the U.S. Foreign Corrupt Practices Act and related laws is easy: 'you just don't bribe.' The reality, as sophisticated professionals should know, is not so simple. This book is for professionals across various disciplines who can assist in risk management and want to learn strategies for minimizing risk under aggressively enforced bribery laws. Written by a leading expert with real-world practice experience, this book elevates knowledge and skills through a comprehensive analysis of all legal authority and other relevant sources of information. It also guides readers through various components of compliance best practices from the fundamentals of conducting a risk assessment, to effectively communicating compliance expectations, to implementing and overseeing compliance strategies. With a focus on active learning, this book allows readers to assess their acquired knowledge through various issue-spotting scenarios and skills exercises and thereby gain confidence in their specific job functions. Anyone seeking an informed and comprehensive understanding of the modern era of enforcement of bribery laws and related risk management strategies will find this book to be a valuable resource including in-house compliance personnel, FCPA and related practitioners, board of director members and executive officers.

This volume aims to discuss the current research, theory, methodology and applications of macropreudential regulation and policy for the Islamic financial industry. Published in cooperation with the Islamic Research and Training Institute (IRTI), this book features contributions from a workshop presented in collaboration with the University College of Bahrain (UCB) in Manama, Bahrain, aimed to bring together experts in Islamic banking and regulation and financial economics. This resulting book sheds light on how macroprudential policy may be implemented in the Islamic financial system, and indicates current challenges and their effects on economic growth, financial stability and monetary regulation. Macroprudential policy is increasingly seen as a way of dealing with the different dimensions of systemic risk. But many central banks, bank supervisors and regulators have limited experience with macroprudential tools, particularly in the Islamic financial industry. Given the complementarities between monetary policy and financial stability, it appears that central banks would always play an important role in macroprudential policy. But how should macroprudential policy best interact with monetary policy? It is becoming more pressing for the central banks to conduct monetary policy in which its conventional banking system operates side by side with Islamic banking system. This question has received increasing attention in the research literature but there is much we still need to learn. This is why new insights from research on macroprudential policy - which has gained important impetus in recent years - are so valuable. Featuring contributions on topics such as macroprudential regulation, policy, tools and instruments; governance, systematic risk, monetary policy, and bank leverage, the editors provide a collection of comprehensive research covering the most important issues on macroprudential policy and regulation for the Islamic financial industry. This volume is expected to be a significant contribution to the literature in the field of Islamic finance and evaluation of public policies to promote the development for Islamic financial industry. It is also served as a key text for students, academics, researchers, policy-makers in the field of Islamic finance.

Outer space is in constant use. Most obviously, billions of "packets" of information travel through it every day, for the infinitely various purposes of countless people and organizations. Space platforms increasingly provide important research data for businesses, institutions, and governments. Taxation issues are inevitable. In fact, tax planners have for several years been engaged in designing tax incentives to enhance the development of space commerce. A significant focus of this book is an in-depth evaluation of the current US discussion of tax rules designed to stimulate space commerce in 2001. The debate is placed squarely in its complete context of historic developments and constraints, prevailing tax law (in this case the US internal revenue code), and the body of international and national space law that began with the 1967 Space Treaty. Comparative analysis is provided by examination of corresponding schemes evolving in Canada, Japan, Australia, and France. Specific events, developments, issues, and probabilities dealt with in "The Taxation of Space Commerce" include the following: the economic significance of the Challenger launch in 1986; the value of F.J. Turner's classic "frontier" thesis for understanding the "new frontier" of space; the Commercial Space Launch Act of 1984 (US); the role of the US internal revenue code's foreign tax credit; the 1979 Moon Treaty; remote-sensing and nuclear power; the 1998 Inter-Governmental Space Station Agreement; case law, especially Smith v. United States; multinational vs. unilateral taxation schemes; benefits of space commerce for society as a whole; and competitiveness and economic efficiency. As a major contribution to the literature of space law and tax law, this text aims to fill an important need. Beyond that, it is a work which should be of value not only for taxation specialists and communications industry executives and their counsel, but for any enterprise with an eye to the not-too-distant future.

Is harmonisation of European securities law a good idea? According to this original analysis, the answer is a qualified yes. If it can be done without undermining the various systems that now govern the custody and transfer of securities in national European jurisdictions, harmonisation will be well received. The author first shows that such an acceptable outcome is indeed possible, and then offers a detailed analysis of the form it might take. Along the way he compares the current infrastructure of securities law in three European countries (Belgium, France, and the Netherlands) with generally accepted standards of modern securities custody and transfer practice, as well as with the harmonisation inherent in the United States Universal Commercial Code.
Among the elements of securities law discussed in this comparative context are the following:
- eligible categories of securities;
- accountholder-intermediary relationship;
- intermediary insolvency;
- shortfalls;
- moment of transfer;
- enforcement of securities rights; and
- conflict of laws.
In approaching the actual form of a European securities instrument, the author considers important relevant initiatives taken by various groups, such as Unidroit, the Hague Convention on Private International Law, and some industry sectors.
As an in-depth contribution to this important aspect of the ongoing debate about the harmonisation of European private law, and as an assessment of the possible impact of harmonisation measures by means of a coherence account, this book will be especially valuable to European policymakers and securities regulatory officials. It will also interest practitioners and academics insuch diverse fields as commercial law, European law, insolvency law, contract law, and property law

This book focuses on the impact of technology on taxation and deals with the broad effect of technology on diverse taxation systems. It addresses the highly relevant eTax issue and argues that while VAT may not be the ultimate solution with regard to taxing electronic commerce, it can be demonstrated to be the most effective solution to date. The book analyzes the application and the effectiveness of traditional income tax principles in contradistinction to VAT principles. Taking into account rapidly ameliorating technology, the book next assesses the compatibility between electronic commerce and diverse systems of taxation. Using case studies of Amazon.com and Second Life as well as additional practical examples, the book demonstrates the effectiveness of VAT in respect of electronic commerce and ameliorating technology in the incalculable and borderless realm of cyberspace.

The major financial scandals of the past decade, which have been discussed exhaustively in corporate offices by corporate attorneys, and in accounting firms, have led to the passage of massive Congressional enactments in the United States that impact the world of finance. The enactment of the Sarbanes-Oxley Act in 2002, with its significant provisions of 20-year imprisonment for certain offenses, and the conviction of Enron's CEO and other senior executives, finally caught the attention of corporate executives. Laws and Regulations in Global Financial Markets presents students, researchers, and practitioners with an in-depth global analysis of the legal and regulative aspects of corporate financial markets. Readers are introduced to international developments concerning rules and regulations impacting investment advisers and broker-dealers, bankruptcy law, important legal changes influencing banks and credit ratings organizations, real estate regulations, and insurance law. The book concludes with a discussion of personal finance, financial literacy, and federal statutes centered around the subject matter.

Contains 13 national reports and the general report on Money Laundering and Banking Secrecy. The reports were written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. As narcotics trafficking exploded in the 1980s, it was realized that money laundering had become a threat to the entire integrity of the financial system. The international trend to regard money laundering as a serious threat to the stability of democracy and the rule of law found expression in the adoption of the 1988 United Nations Drugs Convention. Gradually, the international community diverged from its traditional, narrow approach whereby only the laundering of drug proceeds was considered a threat. In order to combat money laundering efficiently, it soon became clear that criminal law was not sufficient and that it was necessary for banks and other financial institutions to co-operate with law enforcement agencies. The banking community is now obliged to report suspicious transactions, which they often regard as going beyond their role as bankers. The issue of bank secrecy has played an important role in the discussion between law enforcement agencies and the banking community.

The major financial scandals of the past decade have led to the enactment of massive Congressional statutes in the United States that impact the world of finance. The approval of the Sarbanes-Oxley Act in 2002, with its significant provisions of 20-year imprisonment for certain offenses, and the conviction of Enron's CEO and other senior executives, finally caught the attention of corporate executives. Corporate Governance and Finance Law is designed to educate students, researchers, and practitioners on the legal aspects of corporate financial markets within the United States, the Eurozone, and China. Readers are introduced to the basic legal forms of corporate governance, the impact of recent federal legislation on corporate governance, and an examination of other basic forms of corporate governance globally. A brief overview of the major statutes affecting securities is also discussed, with a focus on the Securities Act of 1933 and the Securities Exchange Act of 1934. The book concludes with a discussion of investment swaps made during the 2008 financial crisis.

This book examines a key aspect of the post-financial crisis reform package in the EU and UK-the ratcheting up of internal control in banks and financial institutions. The legal framework for internal controls is an important part of prudential regulation, and internal control also constitutes a form of internal gate-keeping for financial firms so that compliance with laws and regulations can be secured. This book argues that the legal framework for internal control, which is a form of meta-regulation, is susceptible to weaknesses, and such weaknesses are critically examined by adopting an interdisciplinary approach. The book discusses whether post-crisis reforms adequately address the weaknesses in regulating internal control and proposes an alternative strategy to enhance the 'governance' effectiveness of internal control.

The authors of this work are tax specialists representing both high-tax and low-tax jurisdictions. They address tax issues that impact business enterprises as well as individuals, presenting a sampling of issues, each addressed by a commentator whose practice deals directly with such matters on a regular basis. Countries covered are: Austria, France, Germany, Gibraltar, Italy, Liechtenstein, Spain, Switzerland, the Netherlands and the Netherlands Antilles, and the USA. The reader will find a range of useful information, not only on the complexity of international taxation, but also its potential for the resolution of conflicts and the mitigation of unfair tax burdens through amortization and international co-operation.

This work is a multidisciplinary analysis of the issue of insider dealing from the perspective of the applicability of criminal law to regulate it. First, it examines the nature of its prohibition in the European Union and in the United States of America. The text includes a more extensive overview of prohibition in four Member States of the European Union (France, the United Kingdom, Luxembourg and Poland). Then, it summarises the arguments presented by ethicists and economists in favour of and against insider dealing. Further, it analyses the foundations of criminal law and justifications that are given for its application. On the basis of this analysis, it presents a new two-step theory of criminalisation. The first step is based on a liberal theory of wrongfulness that makes reference to protection of the basic human rights. The second step relies on classical but often forgotten principles of criminal law. Finally, it examines possible alternatives to criminal rules.

Risk taking in business contributes towards innovation. Yet excessive risk taking is associated with corporate failure. Many authors have analysed the relationship between personal liability rules of managers and excessive risk taking. In this context, previous researchers have often argued that insurance against personal liability of the manager (D&O insurance) would weaken the manager's incentive to take care.However, little is known about the workings and effects of D&O insurance. This book analyses how D&O insurance should work ideally and how it currently works in the USA, the UK, the Netherlands and Germany.It illustrates how D&O insurance threatens but also benefits society and the economy. In fact, a properly functioning D&O insurance system can more elegantly incentivize adequate risk taking than for example, direct regulation of managerial activity (e.g. disqualification) or the adoption of harsher liability rules.This book provides an overview of the implications of D&O insurance, in particular to:- policy makers who can take concrete reform proposals from this book;- investors who can increase their returns by using the information on corporate D&O insurance policies;- creditors who can better estimate their debtor's default risk by understanding the debtor's D&O insurance policy; and- finally, prospective insurers who can learn in depth about the D&O market, the policy design and the D&O risk.

The property rights "movement," a coalition of mineral industry actors, anti-government propagandists, and local economic interests, is best viewed as a backlash aimed at regulations associated with environmental protection and public lands conservation policy. Using a combination of interviews and archival research, Olivetti and Worsham examine the interplay between attempts to set the property rights agenda in Congress, the Courts, and at the state level. They find that having failed to take control of the congressional agenda, the movement engages in a vertical shift, focusing its efforts on the states and through state level challenges, the federal courts.

This book opens up the secret world of tax havens and offshore finance centres (OFCs), a vast offshore business valued at over one trillion US dollars. It is a timely and original analysis of the role of OFCs in the emerging global economy. The book discusses who uses OFCs, how OFCs work and what drives their development. Extensive use of case study material from Jersey illustrates the growth of a successful OFC and its impact upon a small island.

Prof. Dr. H. C. Klaus Vogel turned 70 in December 2000. For his students, colleagues and friends all around the world he has been not only a teacher and academic, but also a researcher and mentor, and this occasion provided the opportunity to honour him with a Festschrift. This celebratory volume, with contributions in German and in English, is published under the title Staaten und Steuern (States and Taxes) by C.F. Muller Verlag in Heidelberg. With the permission of the publisher, the present volume contains the English language contributions as a separate publication. The following articles are included.