|
|
Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law
Gordon Brown was a past-master at sneaking in new taxes by stealth,
but his efforts as Chancellor and then Prime Minister were merely
the latest in a long line of party leaders desperate to extract
more money from reluctant taxpayers. This book challenges the need
for government to resort to such underhand practices which
undermine the economy, killing the goose which lays the golden
eggs, and the integrity of the political process. The author argues
that not only does taxation flout the principle of private
property, but it 'is a primal cause of both inflation and
unemployment. Regardless of this, the freely elected governments of
contemporary trading economies - with the acquiescence of their
electorates - persist in raising the major part, if not all, of
their revenues by means of taxation. The immediate cause of such
action by governments...is ignorance of any acceptable alternative
method of raising sufficient public revenue.' Burgess shows how the
development of Keynes' general theory of employment 'leads to the
conclusion that an open trading economy is likely to be most
competitive, and therefore most prosperous, only when taxation is
abolished' - but government must be funded. How can this be done
without taxation? To provide an answer he refines Alfred Marshall's
distinction between the public and private value of property to
reveal an alternative, peculiarly public source of revenue. Unlike
a tax, defined by a former Labour Chancellor, Hugh Dalton, as 'a
compulsory contribution imposed by a public authority, irrespective
of the exact amount of service rendered to the taxpayer in return',
the 'public value' identified by Marshall would deliver an exact
equivalence between the benefits enjoyed and the amount paid. On
the basis of this widely accepted definition, therefore, it is not
a tax but the price for services rendered like any other
transaction - the price fixed by the market. The author shows how
reform may be introduced with a minimum of disruption, so that
politicians with an eye to re-election can achieve measurable
results during the lifetime of a parliament.
Small jurisdictions have become significant players in cross-border
corporate and financial services. Their nature, legal status, and
market roles, however, remain under-theorized. Lacking a
sufficiently nuanced framework to describe their functions in
cross-border finance - and the peculiar strengths of those
achieving global dominance in the marketplace - it remains
impossible to evaluate their impacts in a comprehensive manner.
This book advances a new conceptual framework to refine the
analysis and direct it toward more productive inquiries. Bruner
canvasses extant theoretical frameworks used to describe and
evaluate the roles of small jurisdictions in cross-border finance.
He then proposes a new concept that better captures the
characteristics, competitive strategies, and market roles of those
achieving global dominance in the marketplace - the
"market-dominant small jurisdiction" (MDSJ). Bruner identifies the
central features giving rise to such jurisdictions' competitive
strengths - some reflect historical, cultural, and geographic
circumstances, while others reflect development strategies pursued
in light of those circumstances. Through this lens, he evaluates a
range of small jurisdictions that have achieved global dominance in
specialized areas of cross-border finance, including Bermuda,
Dubai, Singapore, Hong Kong, Switzerland, and Delaware. Bruner
further tests the MDSJ concept's explanatory power through a
broader comparative analysis, and he concludes that the MDSJs'
significance will likely continue to grow - as will the need for a
more effective means of theorizing their roles in cross-border
finance and the global dynamics generated by their ascendance.
Using a framework of volatile markets Emerging Market Bank Lending
and Credit Risk Control covers the theoretical and practical
foundations of contemporary credit risk with implications for bank
management. Drawing a direct connection between risk and its
effects on credit analysis and decisions, the book discusses how
credit risk should be correctly anticipated and its impact
mitigated within framework of sound credit culture and process in
line with the Basel Accords. This is the only practical book that
specifically guides bankers through the analysis and management of
the peculiar credit risks of counterparties in emerging economies.
Each chapter features a one-page overview that introduces its
subject and its outcomes. Chapters include summaries, review
questions, references, and endnotes.
Public stock markets are too small. This book is an effort to
rescue public stock markets in the EU and the US. There should be
more companies with publicly-traded shares and more direct share
ownership. Anchored in a broad historical study of the regulation
of stock markets and companies in Europe and the US, the book
proposes ways to create a new regulatory regime designed to help
firms and facilitate people's capitalism. Through its comparative
and historical study of regulation and legal practices, the book
helps to understand the evolution of public stock markets from the
nineteenth century to the present day. The book identifies design
principles that reflect prior regulation. While continental
European company law has produced many enduring design principles,
the recent regulation of stock markets in the EU and the US has
failed to serve the needs of both firms and retail investors. The
book therefore proposes a new set of design principles to serve
contemporary societal needs.
The winner of the 2020 British Insurance Law Association Book
Prize, this timely, expertly written book looks at the legal impact
that the use of 'Big Data' will have on the provision - and
substantive law - of insurance. Insurance companies are set to
become some of the biggest consumers of big data which will enable
them to profile prospective individual insureds at an increasingly
granular level. More particularly, the book explores how: (i)
insurers gain access to information relevant to assessing risk
and/or the pricing of premiums; (ii) the impact which that
increased information will have on substantive insurance law (and
in particular duties of good faith disclosure and fair presentation
of risk); and (iii) the impact that insurers' new knowledge may
have on individual and group access to insurance. This raises
several consequential legal questions: (i) To what extent is the
use of big data analytics to profile risk compatible (at least in
the EU) with the General Data Protection Regulation? (ii) Does
insurers' ability to parse vast quantities of individual data about
insureds invert the information asymmetry that has historically
existed between insured and insurer such as to breathe life into
insurers' duty of good faith disclosure? And (iii) by what means
might legal challenges be brought against insurers both in relation
to the use of big data and the consequences it may have on access
to cover? Written by a leading expert in the field, this book will
both stimulate further debate and operate as a reference text for
academics and practitioners who are faced with emerging legal
problems arising from the increasing opportunities that big data
offers to the insurance industry.
The books deals with the questions that really matter for green
finance: Where will the money to finance the transition to a low
carbon environment come from, how far do the banks' balance sheets
stretch and where will the rest of the money come from? How much
can we rely on the capital markets, especially in the EU, to get
money to the parts of the economy which really need it, without
greenwashing? How do governments organize not just a transition,
but a just transition to a low carbon environment? Is it time to
revisit received ideas about the proper role for central banks?
|
|