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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.
What is the future of banking and money? The road passes through
data and digitalization at all levels of activity, from personal
banking through publicly and privately issued digital currencies.
But who is winning and losing ground in the banking sector? Do we
really need central bank digital currencies and how should they and
private digital currencies be designed and regulated to yield the
maximum benefits while reducing the obvious dangers? How should we
regulate the new digital technologies? This book brings you the
answers of senior public sector offi cials, industry leaders and
leading academics. It is the tenth title in the Institute for Law
and Finance's series on the future of the financial sector.
"The richness, clarity and nuances of the structure and methodology
followed by the contributors make the book a very valuable tool for
students... seeking to obtain a general understanding of the market
and how it is regulated." - Ligia Catherine Arias Barrera, Banking
& Finance Law Review The fully updated edition of this
user-friendly textbook continues to systematise the European law
governing capital markets and examines the underlying concepts from
a broadly interdisciplinary perspective. The 3rd edition deals with
3 central developments: the project of the capital markets union;
sustainable finance; and the further digitalisation of financial
instruments and securities markets. The 1st chapter deals with the
foundations of capital markets law in Europe, the 2nd explains the
basics, and the 3rd examines the regime on market abuse. Chapter 4
explores the disclosure system and chapter 5 short-selling and
high-frequency trading. The role of intermediaries, such as
financial analysts, rating agencies, and proxy advisers, is
described in chapter 6. Chapter 7 explains compliance and corporate
governance in investment firms and chapter 8 illustrates the
regulation of benchmarks. Finally, chapter 9 deals with public
takeovers. Throughout the book emphasis is placed on legal
practice, and frequent reference is made to the key decisions of
supervisory authorities and courts. This is essential reading for
students involved in the study of capital markets law and financial
law.
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.
The history of customs duties reflects the development of the Qing
fiscal system, especially in its transition from a rather
traditional to a more modern economy. Mainly based on Qing
archives, this book, the first research monograph on this subject
in the English language, not only gives a brief introduction of
each customs post's transformation over time, but also provides the
complete statistical data of each of these post over the Qing
dynasty. Contributors are: Bas van Leeuwen, Bozhong Li, Maaten
Duijvendak, Martin Uebele, Peter Foldvari, Yi Xu.
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.
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