International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.

This book brings together thought leadership from academia and leading figures in asset management in key global jurisdictions, to pool together insights regarding the transformative visions and challenges for modern investment management, as well as best practices that realise the policy objectives in regulation and soft law. The world of investment management is being challenged by new legal, regulatory and soft law developments to demonstrate that their practices cohere with the long-term needs of the saving population as well as public interest needs in financing global sustainability and social development. The chapters in this book uniquely bring together the views of academia and practice on the key developments that can transform the law and practice of investment management, including the EU's new sustainable finance reform package, the UK Stewardship Code 2020, and developments in the US regarding the fit between fiduciary law for investment management and modern sustainability concerns. The book brings together the best of both worlds-critical thoughtful perspectives from academia and qualitative insight from the investment management industry. It will be of interest to researchers in law, investment management, business and management, practitioners in the investment management industry and their legal advisers, and policy-makers in the EU, UK and beyond who are grappling with the appropriate governance paradigms for bringing about more sustainable outcomes globally.

The recent financial crisis and associated real estate bubble demonstrated the damage that can be caused by imperfect financial market pricing. On the basis of these imperfections, strong financial returns earned by financial institutions in the run-up to 2008 were, in fact, illusory. Executive Compensation in Imperfect Financial Markets explores the relationship between bank lending, real estate markets and stock market prices. Offering a heterodox view of financial market pricing and its relationship with executive pay, this book offers a competing interpretation of the recent crisis, which emphasizes the role of bank leverage and investor expectations in generating instability - particularly through the interaction of financial institutions with the real estate market. In the process, it reveals that equity-based compensation incentivized increased bank leverage, which was a cardinal cause of the crisis. This timely book will be an essential read for all legal scholars and policy analysts operating in the field of banking and finance, as well as all those seeking a more rounded understanding of the financial crisis. Contents: 1. Introduction 2. An Analysis of the Role of Executive Compensation 3. Theories of Securities Market Operation: Principles and Flaws 4. Minsky and the Financial Instability Hypothesis: Implications for Market Efficiency 5. The Global Financial Crisis and the Complex Relationship between Asset Prices, Leverage, and Financial Instability 6. Post-Crisis Reform to Executive Compensation at Financial Institutions 7. Reconstituting Executive Compensation at Financial Institutions: Proposals for Reform 8. Conclusions Index

With fifty trillion in worldwide assets, the growth of mutual funds is a truly global phenomenon and deserves a broad international analysis. Local political economies and legal regimes create different regulatory preferences for the oversight of these funds, and academics, public officials and legal practitioners wishing to understand the global investing environment will require a keen awareness of these international differences. The contributors, leading scholars in the field of investment law from around the world, provide a current legal analysis of funds from a variety of perspectives and using an array of methodologies that consider the large fundamental questions governing the role and regulation of investment funds. This volume also explores the identity and behavior of investors as well as issues surrounding less orthodox funds, such as money market funds, ETFs, and private funds. This Handbook will provide legal and financial scholars, academics, lawyers and regulators with a vital tool for working with mutual funds. Contributors include: W.A. Birdthistle, M. Bullard, I.H-Y Chiu, B. Clarke, Q. Curtis, D.A. DeMott, J. Fanto, J.E. Fisch, P. Hanrahan, L.P.Q. Johnson, W.A. Kaal, A.K. Krug, A.B. Laby, J.D. Morley, A. Palmiter, I. Ramsay, E.D. Roiter, M. White, D.A. Zetzsche

This book is a major work that focuses exclusively on ship finance and includes contributions on the increasingly complex field of ship finance, which has over the last two decades become a key aspect in the world of shipping and ship owning. The book offers an enlightening mix of theoretical analysis and well-founded practical insights into the daily markets. Given that ship finance continues to develop dynamically around the world, the book covers subjects ranging from the German KG market to Islamic Finance, from loans to legal aspects and from asset pricing to risk management.

International mergers and acquisitions play a vital role behind the growth of a company. This book explores the hurdles involved and how to navigate through the review processes set up by national regulatory agencies such as the US Committee on Foreign Investment (CFIUS), the EU Commission, and the Anti-Monopoly Bureau of State Administration of Market Regulation of China (AMB). This book is unique and showcases how to anticipate, develop, and implement successful strategies to support mergers and acquisitions activities, particularly of interest to finance and law students, researchers, and academics.

Two of the distinguishing features of the law on foreign direct investment (FDI) are its complexity and its creativity. The law on FDI embraces the domestic rules and regulations dealing with foreign controlled business as well as the numerous bilateral and multilateral legal instruments. It is influenced by awards of international arbitration tribunals as well as numerous other sources, and thus undergoes permanent change. The various actors involved, including transnational corporations, investment promotion agencies, and multilateral donors, as well as lawyers advising foreign investors and financial intermediaries, each follow their own interests. By its nature, the FDI involves the interaction, and sometimes the clash, between different legal concepts of the participants and regulators. Counsels to local governments and domestic partners in a joint venture with foreign companies may not always be accustomed to legal documentation in an Anglo-American or continental European style. As a result, dealing with FDI requires a learning process for all the actors to understand and manage legal and business cultures. All this elucidates the need for a multi-author book which covers various areas of the law on FDI from different perspectives. This book undertakes a regulatory, policy and transactional approach both on the international and the domestic level. The authors of the book are all concerned with FDI as both academics and practitioners and come from a variety of legal, academic and geographical backgrounds. The book consists of three parts: first, a general introduction to FDI by Dr. Escher; next, an analysis of the emerging international law on FDI and related areas; and finally, an overview of FDI in a variety of countries in Asia, Africa, Latin America and Europe. This variety of perceptions and topics should provide the reader with useful insights into international transactional and domestic aspects of FDI.

Amid great concern for universal health care is succinct, well documented, accessible review of malpractice liability in health care and related professions. Freedman explores the nature of malpractice using commonly understood codes of ethics and statements of principles promulgated by the major associations of the health care industry itself, and then looks at malpractice liability from the viewpoint of court decisions and the fact patterns on which they are based. He also considers professional malpractice insurance and the right of health care industry professionals to determine for themselves whether the gains to be had from settling a claim out of court might outweigh the potential benefits from a successful litigation. Not just for attorneys but for their clients too, Freedman's book guides professionals through the principles of malpractice law, and in doing so provides them with guidance they need in today's malpractice crazed society.

Since the publication of the first edition in 2006, financial regulation around the world has changed dramatically as a result of the 2008 global financial crisis. As one of the world's leading financial centres, international regulatory reforms have had a significant impact on the legal and regulatory system in Hong Kong. This new second edition provides a comprehensive and authoritative single-volume guide to the main areas of financial regulation and financial law in Hong Kong. Given the massive changes in financial regulation globally and in Hong Kong, the second edition has been substantially rewritten and revised to address changes in markets and their legal and regulatory frameworks, as well as the implications of these changes to future market development. The book is in five parts: The first part considers the evolution of Hong Kong's role as a financial centre and the development of its financial regulatory structure, one that is perhaps unusually complex given the size of the jurisdiction. The second part discusses the regulation of the banking, securities, insurance sectors, including the regulatory powers of the Hong Kong Monetary Authority (HKMA), the Securities and Futures Commission of Hong Kong (SFC), the Office of the Commissioner of Insurance (OCI), and the forthcoming Independent Insurance Authority (IIA). The third part covers regulation of financial products and services, including securities offerings and listings, investment products and asset management, financial derivatives, and takeovers and mergers. The fourth part addresses market conduct and misconduct, including corporate governance, market abuse and financial crime. Finally, the fifth part examines the international context, focusing on the relationship between Hong Kong's financial markets and regulation and mainland China as well as key issues for Hong Kong's role as a major global financial centre.

This work explores the legal issues inherent in resolving troubled banking sectors in transitional economies. Bank failures are a recurrent phenomenon in both developed and developing countries, as shown by the crises in the last 10 years in the USA, Japan, Scandinavian countries, the Baltic countries, Bulgaria, South East Asia and Latin America. Banks in transitional economies face additional challenges as they become intermediaries in lending the publics's savings, rather than mere conduits for the central financing plan. They have to ensure repayment of loans when they no longer receive subsidies to compensate their losses to the same degree as before. As a result of these challenges, almost all these countries have suffered numerous bank failures in the past eight years, with negative consequences for bank owners, managers, depositors and other creditors. The absence, in many situations, of appropriate crisis management procedures and bank insolvency laws hinders the success or pace of the transition process.

With full-service nationwide banking on the verge of becoming a reality in the U.S., here is a thoughtful analysis of how it emerged and what its effects will be. Dr. Rose is frankly skeptical. He sees advantages but he also predicts significant disadvantages, mainly in the form of possibly higher fees and reduced personal attention for consumers of banking services. His book provides the best summary available of the research findings to date and one of the best summaries of new federal interstate banking rules enacted by Congress and signed into law in 1994. This is an important book not only for executives engaged in government-relations work throughout the financial services industry, and for those engaged in marketing and strategic planning, but also for public policy people in the private and public sectors.

Dr. Rose opens his book with an overview of the trend in U.S. banking towards a consolidated banking system similar to those in other industrialized nations, particularly Canada, Great Britain, and Germany. He identifies causes of this movement toward consolidation, attributable to governmental interventions and the exigencies of the private sector marketplace. He reviews the long history of federal and state restrictions against interstate banking and then explains how laws passed in the 1990s are permitting giant nationwide banking companies to emerge. What does this mean for the public, bankers, and investors? Less than what people think and have hoped for. Dr. Rose warns that many of the benefits expected from interstate banking will probably be nonexistent or at best meager. His book will certainly prove to be a vital resource for anyone involved in the banking industry and for those who influence it.

This book proposes a "representational" theory of capital according to which there is a relation between capital goods in the real side of the economy and instruments representative of property claims on those goods in the abstract side. Financial instruments are treated herein as a particularly liquid form of property claim. The relation proposed between these two things is a loose rather than a direct one, and the causes for (and consequences of) the looseness are explored in the book. This book aims not merely to simplify our understanding of the relationship between "things" and "claims to things," but to make explicit and precise what many current researchers assume implicitly and, consequently, imprecisely. This book will be a tool that researchers can apply to their own research, in the form of a standard by which inconsistencies in the literature on Capital Theory can be identified. Understanding what capital is requires delving into its nature on both the real and the abstract sides. In regard to capital goods, what they actually are is made clearer by the thesis that they exist on a spectrum with respect to consumer goods. In going back to the philosophical and economic basics, no claim is made of being comprehensive. The argument is that a crucial idea for our understanding of what capital is that actual capital goods (and processes, and knowledge) are represented in financial instruments and other property claims. A formal treatment that lays out the philosophical and economic basics is necessary to put this idea across, and the model proposed in the book is a first step in that direction. Further, by laying out the philosophical and economic basics of the theory, the book offers the reader the reasons why having a clearer concept of capital is an important tool for wealth creation, and why wealth creation is, more than never, necessary for our individual wellbeing and the flourishing of our civilization.

The book addresses the truly interdisciplinary and highly controversial subject of international financial regulation and supervision, which has been at the center of academic, political, and public attention since the start of the current economic and financial crisis. Drawing on international financial regulatory and supervisory experience and in line with the European Monetary Union's gradual transformation into a Genuine Economic and Monetary Union, it proposes the transformation of the European financial supervisory framework into a hybrid twin-peaks model to create the previously missing necessary legal foundation for the adoption of the so-called Group Support Regime (GSR). The latter is a relatively simple and transparent capital management tool for (re)insurance groups operating in a parent-subsidiary structure proposed by the European Commission under the new Solvency II insurance supervisory framework, which despite lengthy consideration was eventually rejected by Member States.

In the next wave of conduct regulation in financial markets, from 2021 conduct regulators in the UK and elsewhere expect firms to produce evidence on how they are improving behaviour and culture. Facing this, many practitioners are anxious that their current reporting and management information (MI) are irrelevant to meeting as-yet unclear regulatory expectations. This book provides the insights and tools firms need to report on culture, securing both enhanced business value and the regulator's approval. Culture is now seen as a key contributor to good governance, feeding into existing discourse on environmental, social and governance (ESG) factors and the emerging dialogue on 'non-financial (mis)conduct', but conventional measures of business quality are unfit for the new reporting agenda. Culture Audit in Financial Services follows the arc of 'behavioural regulation' to examine what the regulator really wants, before offering guidance on how culture audit differs from conventional auditing, how to put the latest pure-research findings to work, and the key features of well-designed conduct and culture reports. Written by an impartial author and a variety of contributors with extensive experience working with practitioners, regulators, and many of the world's finest academic initiatives, this book is filled with practical, grounded advice on how best to approach this new challenge and avoid infractions.

Registered investment advisers are accustomed to regulatory scrutiny. But the pressure to understand changing compliance regulations and to meet the requirements they impose has never been more intense. A range of scandals and abuses--from the laundering of terrorist funds to mutual fund trading shenanigans--has caused the Securities and Exchange Commission to tighten regulation and step up enforcement. Unfortunately, definitive compliance information--the kind that can save advisers precious time and spare them serious trouble--has not been easy to find. Until now.
"The RIA's Compliance Solution Book" gathers the information needed most and puts it all in one place. Here advisers will find plain-English translations of the rules that regulate such issues as: advisory contracts and feesadvertising and client communicationsRIA compliance programs and codes of ethicscustody of customer accountscompleting, filing, and amending Form ADVselecting brokers and executing trades

This research review selects fifty influential articles published over the past four decades on the regulation and governance of financial institutions. Some contribute by making theoretical advances that enhance the conceptual framework through which economists view financial institutions, and others contribute by assembling data and evaluating the predictions of these different models. The papers provide a foundation for understanding and conducting additional research into the regulation and governance of financial institutions.

This book is the only analysis of the legal regime governing collective investments in the important financial centre of Luxembourg. Written by expert practitioners from a leading funds practice, it provides a detailed, comprehensive, and practical account of the regulation and operation of investment funds under Luxembourg law. Beginning with a definition of undertakings of collective investment funds and a description of the background to the relevant legislation, the authors go on to provide a detailed account of how undertakings for collective investments are classified and how they operate in practice. Covering all relevant EU Directives including the UCITS Directives, Prospectus Directive, MiFID, and the Savings Directive, the authors also consider the application of these Directives under Luxembourg law. The latest developments on the AIFM Directive are also addressed. A comprehensive and systematic account, this new edition is an important reference source for all practitioners and investment managers regularly dealing with Luxembourg investment funds, as well as providing an exceptional introduction to this area of the law.

This work on the law of pension trusts comprehensively fills a gap in the provision of good commentary on pensions law, both from a practical and scholarly perspective. Responding to a paucity of up-to-date publications in this area, David Pollard provides the most detailed treatment available of trust law as it relates to occupational pension schemes. The book provides answers to difficult problems in pensions law often not covered by statute, including trustees' obligations to employers, how spouses and dependents rank as beneficiaries and implied duties owed by employers. Pollard deals with the issues of most concern to practitioners in pensions law, including trustees' investment and amendment powers, and trustee investment duties. This practical guidance is supported and enhanced by incisive academic analysis. Written by a leading pensions practitioner, this book is a must have for all practitioners and scholars in the field.

This book expands upon research into the protection of foreign investments, which is currently an intensively studied area of international law. At the same time, it also examines environmental protection, as well as general areas of debate in international law, including fragmentation, self-contained regimes, the role of interpretation and of principles, and theories of indeterminacy. In this detailed and concise monograph, Saverio Di Benedetto examines the problematic impact of environmental issues on international investment law from the perspective of arbitral dispute settlement and treaty-making. Current debates concerning 'self-contained' regimes and international law form the background to this investigation. By extrapolating insights from the vast and heterogeneous amount of available practice, the book provides an order to the two spheres of values, from internal and fragmentary approaches to systemic forms of integration. Finally, it outlines a possible method for reconciling investor rights and environmental concerns, which is centred around the model of exceptions and highlights the role of legal principles. This book is essential reading for academics of international investment law and related matters, with useful research material for both practitioners and policy-makers. Moreover, the innovative approach of this book makes it appropriate for adoption in specialized undergraduate and postgraduate courses in international economic law. Contents: Preface Part I: Foreign Investments versus the Environment 1. Introduction: The Social and Legal Context 2. International Investment Law and Environmental Protection 3. Theoretical Approaches to International Investment Law 4. Applicable Law and Methods of Interpretation Part II: Integrating Environmental Protection into International Investment Law 5. Internal Arguments: From Ordinary Meanings to Derogatory Logic 6. Systemic Approaches 7. Exceptional Models 8. Environmental Exceptions, Indeterminacy and Legal Principles Bibliography Index

This work contains a selection of key papers presented at the 14th International Symposium on Economic Crime, which had as its central theme the prevention and control of corrupt practices. Whether the major issue centres on the control of economic crime, the protection of developing economies or those in transition, the ever-present threat of corruption remains predominant. Corruption and associated abuses attack from within the integrity and thus the efficiency and efficacy of institutions, both in the public and private sectors. Whilst the threat inevitably has an external aspect the consequences occur within government or the enterprise in question. Therefore the control of corrupt practices requires more than any other threat, an integrated strategy involving preventive and response measures facing both outwards and inwards. All aspects of the problem of corruption are addressed on a multidisciplinary basis and cover a variety of jurisdictions. These proceedings should be of interest to law enforcement officers, lawyers, and bankers.

China, the most populous country in the world, has developed an e-commerce system that is in many ways distinct from the system established in Europe and North America. Understanding the difference is essential for the smooth development of this new channel of distribution, namely e-commerce. Chinese e-commerce platforms are very good examples on how to exploit development in technology, not only to create value for the operators but also contribute to structural changes in the Chinese economy, boosting internal consumption. The success of Alibaba is unique because of the characteristic of the Chinese market and consumers. Their imminent IPO, at or exceeding the offer value of Facebook, will attract more attention to e-commerce in China as a new method to establish a presence in this market. Chinese companies, e-commerce or not, are eager to expand their presence abroad, and they will adopt a more aggressive approach to participate more in the EU through acquisitions.

This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multi-jurisdiction and inter-disciplinary approach and covers a range of issues that are highly topical, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law. Over the last few decades, EU financial law has grown exponentially. Virtually all these new rules and regulations require enforcement. However, the EU legislator generally has been reluctant to regulate enforcement at the national level, and often does not prescribe whether enforcement should take place through national criminal, administrative, or private law. This results in both practical and fundamental questions for the legal practitioner and the academic. This book addresses those questions. With contributions by leading academics and senior members of EU and national institutions, the book will be of interest to professionals dealing with financial law in their daily practice such as lawyers, bankers, policy makers, officers at supervisory authorities, and judges, but also for academics interested in fundamental questions of interaction between legal systems.

For academics, regulators and policymakers alike, it is crucial to measure financial sector competition by means of reliable, well-established methods. However, this is easier said than done. This comprehensive Handbook provides a collection of state-of-the-art chapters to address this issue. Using the latest empirical results from around the world, expert contributors offer a thorough assessment of the quality and reliability of the prevalent measures of competition in banking and finance. The Handbook consists of four parts, the first of which discusses the characteristics of various measures of financial sector competition. The second part includes several empirical studies on the level of, and trends in, competition across countries. The third part deals with the spillovers of market power to other sectors and the economy as a whole. Finally, the fourth part considers competition in banking submarkets and subsectors. This Handbook is an essential resource for students and researchers interested in competition, regulation, banking and finance. Politicians, policymakers and regulators will also benefit from the thorough explanation of the need for anti-trust regulation and identification of the most reliable competition measures. Contributors include: A.N. Berger, J.A. Bikker, W. Bolt, J. Bos, Y.L. Chan, P. Coccorese, M.D. Delis, J. Fernandez de Guevara, Z. Fungacova, R. Gropp, I. Hasan, J.P. Hughes, D. Humphrey, L.F. Klapper, S. Kleimeier, C. Kok, S. Kokas, J.W. Kolari, M. Lamers, L. Liu, J. Maudos, L.J. Mester, C.-G. Moon, N. Mylonidis, S. Ongena, B. Overvest, V. Purice, R.J. Rosen, H. Sander, S. Shaffer, L. Spierdijk, D. Titotto, R. Turk-Ariss, G.F. Udell, L. Weill, J. Yuan, M. Zaouras