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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > General
This book attempts to address why central bank independence still
lacks certain vital attributes which embody adequate governance and
accountability mechanisms - which are necessary if better results
in relation to longer term economic and political objectives, in
particular, are to be achieved. As well as a consideration of why
the lender of last resort facility should be used for emergency
situations and systemically relevant institutions in particular, an
interesting point which will be considered in this publication is
the comparison between the European Central Bank (ECB)
Recommendation and its application by the Commission in the Re
capitalisation Communication, specifically with its Annex, where
the Commission explains how it determines the price of equity or
own funds (ordinary or common shares) - balancing the "real value"
with the "market value" within a crisis context. This publication
will also consider how to transform financial crises into
opportunities whereby tax burdens to taxpayers are minimised - as
well as making financial markets more efficient. Given the scale of
government intervention and State rescues which occurred during the
recent crisis - as well as the prominence accorded to measures
aimed at preventing and limiting distortions of competition, calls
have been made for competition authorities to take on more
formidable roles in designing and implementing exit strategies. In
order to foster competition as much as possible, it is proposed
that "governments should provide financial institutions with
incentives to prevent them from depending on government support
once the economy begins to recover."
The financial system and its regulation have undergone exponential
growth and dramatic reform over the last thirty years. This period
has witnessed major developments in the nature and intensity of
financial markets, as well as repeated cycles of regulatory reform
and development, often linked to crisis conditions. The recent
financial crisis has led to unparalleled interest in financial
regulation from policymakers, economists, legal practitioners, and
the academic community, and has prompted large-scale regulatory
reform. The Oxford Handbook of Financial Regulation is the first
comprehensive, authoritative, and state of the art account of the
nature of financial regulation. Written by an international team of
leading scholars in the field, it takes a contextual and
comparative approach to examine scholarly, policy, and regulatory
developments in the past three decades. The first three parts of
the Handbook address the underpinning horizontal themes which arise
in financial regulation: financial systems and regulation; the
organization of financial system regulation, including regional
examples from the EU and the US; and the delivery of outcomes and
regulatory techniques. The final three Parts address the perennial
objectives of financial regulation, widely regarded as the anchors
of financial regulation internationally: financial stability,
market efficiency, integrity, and transparency; and consumer
protection. The Oxford Handbook of Financial Regulation is an
invaluable resource for scholars and students of financial
regulation, economists, policy-makers and regulators.
Poor public resource management and the global financial crisis
curbing fundamental fiscal space, millions thrown into poverty, and
authoritarian regimes running successful criminal campaigns with
the help of financial assistance are all phenomena that raise
fundamental questions around finance and human rights. They also
highlight the urgent need for more systematic and robust legal and
economic thinking about sovereign finance and human rights. This
edited collection aims to contribute to filling this gap by
introducing novel legal theories and analyses of the links between
sovereign debt and human rights from a variety of perspectives.
These chapters include studies of financial complicity, UN
sanctions, ethics, transitional justice, criminal law, insolvency
proceedings, millennium development goals, global financial
architecture, corporations, extraterritoriality, state of
necessity, sovereign wealth and hedge funds, project financing,
state responsibility, international financial institutions, the
right to development, UN initiatives, litigation, as well as case
studies from Africa, Asia and Latin America. These chapters are
then theorised by the editors in an introductory chapter. In July
2012 the UN Human Rights Council finally issued its own guidelines
on foreign debt and human rights, yet much remains to be done to
promote better understanding of the legal and economic implications
of the interface between finance and human rights. This book will
contribute to that understanding as well as help practitioners in
their everyday work. The authors include world-renowned lawyers and
economists, experienced practitioners and officials from
international organisations.
Capital Markets Union in Europe analyses the legal and economic
implications of the European Commission's plans to form a Capital
Markets Union (CMU) in Europe, which will have a major impact on
financial markets and institutions both in the region and beyond. A
detailed introductory chapter provides a broad overview of the
various aspects and challenges of the CMU proposals, whilst
thematically grouped chapters cover the following areas: (i)
general aspects, (ii) Brexit, (iii) financing innovation, (iv)
raising capital on the capital markets, (v) fostering retail and
institutional investment, (vi) leveraging banking capacity to
support the wider economy, (vii) facilitating cross-border
investing, and (viii) comparative aspects of capital market
integration. Written by world renowned experts in the fields of
banking and capital markets, including respected academics, with
broad practical experience, and leading practitioners, Capital
Markets Union in Europe provides high-quality analysis of the legal
and economic issues in a practical context.
Companion website: www.oup.com/dewar Now in its third edition,
International Project Finance is the definitive guide to legal and
practical issues relating to international projects. The book
considers the application of English and New York law in
cross-border documentation and legal and practical matters
associated with running financing projects in civil law
jurisdictions. Different sources of funding are also examined, such
as banking and international bond documentation, and Islamic
financing practice, in particular the use of Murabaha financing
techniques and Sukuk (Islamic bond) market. This includes the legal
and documentation issues arising from the use of such financing
techniques and how they interact with each other from a legal and
contractual perspective. Equally significant, the book provides
analysis of project defaults and work-outs giving guidance on how
to manage projects when these circumstances arise. The book also
contains extensive coverage of dispute resolution in international
projects. New to this edition is a chapter on development finance
institutions covering the work of bodies such as the World Bank and
the African Development Bank. This chapter explains the key roles
played by these institutions in international project finance,
especially in emerging markets. It covers the key policy issues and
the impact of such policies on project finance documentation. As
well as addressing the basic principles which affect the
structuring and documentation of project financings, the book also
explains structural, legal and contractual differences between the
various sectors such as transportation, infrastructure/Public
Private Partnerships, conventional, renewable and nuclear power,
mining, and oil and gas. Telcommunications, including broadband,
are covered in more detail in a separate section for this edition
This book provides the context of international project finance
which underpins the understanding of legal analysis in this area.
It includes detailed guidance on practical issues such as the
identification and assessment of project risk, together with
relevant documentation such as risk matrices and checklists
covering both key project contracts and the major terms of a
project financing. With its focus on international projects and
emphasis on the practical application of the law, this book is an
essential reference work for all practitioners in the field.
International Project Finance 3e Digital Pack includes a copy of
the hardback and a digital version available on PC, Mac, Android
devices, iPad or iPhone for quick and easy access wherever you are.
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