The problem of corruption, however described, dates back thousands of years. Professionals working in areas such as development studies, economics and political studies, were the first to most actively analyse and publish on the topic of corruption and its negative impacts on economies, societies and politics. There was, at that time, minimal literature available on corruption and the law. The literature and discussion on bribery and corruption, as well as on the negative impact of each and what is required to address them, particularly in the legal context, are now considerable. Corruption and anti-corruption are multifaceted and multi-disciplinary. The focus now on the law and compliance, and perhaps commercial incentives, is relatively easy. However, corruption, anti-corruption and the motivations for them are complex. If we continue to discuss, debate, engage, address corruption and anti-corruption in our own disciplinary silos, we are unlikely to significantly progress the fight against corruption. What do terms such as 'culture of integrity', 'demand accountability', 'transparency and accountability' and 'ethical corporate culture' dominating the anti-corruption discourse mean, if anything, in other disciplines? If they are meaningless, what approach would practitioners in those other disciplines suggest be adopted to address corruption. What has their experience been in the field? How can the work of each discipline contribute to the work of whole and, as such, improve our work in and understanding of anti-corruption? This book seeks to answer these questions and to understand the phenomenon more comprehensively. It will be of value to researchers, academics, lawyers, legislators and students in the fields of law, anthropology, sociology, international affairs, and business.

Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.

Now in its third edition, The Law of Private Investment Funds provides the clearest and most concise dual US/UK and pan-asset analysis available on the legal and regulatory issues that arise in connection with private investment funds. The book advises legal practitioners on the structuring, formation, and operation of a range of asset classes, including hedge funds, private equity funds, real estate funds, and other non-retail collective investment vehicles. This edition has been thoroughly revised to reflect the numerous and significant developments in financial services regulation on both sides of the Atlantic since the publication of the second edition. More elements of the Dodd Frank financial regulatory reforms, which increased the scope and reach of regulation applicable to private funds, have been implemented and commented on in this edition. In relation to European regulation, the impact of the commencement of the Alternative Investment Fund Manager Directive (AIFMD) has also now been analysed. The US/UK approach is maintained, but this edition now also includes consideration of third countries, particularly the Middle East and Asia. An entirely new chapter is dedicated to litigation and regulatory enforcement, and significant treatment is given to the effects of the Global Financial Crisis, in particular the regulatory response and the changes to negotiating leverage of fund managers and fund investors. The potential impact of 'Brexit' on the United Kingdom private funds industry and the future of the AIMFD and European private funds is also examined.

International organizations and other global governance bodies often make rules and decisions without input from many of the individuals, groups, firms, and governments that are affected by them. The standards of the Basel Committee on Banking Supervision, for instance, developed by a small number of states, govern financial markets and the safety of bank deposits in over a hundred jurisdictions. Historically, the interests of developing countries, as well as non-commercial and diffuse interests within countries, have been excluded or disregarded in global governance. Scholars and practitioners have criticised this democratic deficit and called for greater participation of such marginalized stakeholders. Against this background, international institutions have introduced a variety of reforms with the goal of increasing and facilitating the participation of these excluded stakeholders. This book brings together an expert group of scholars and practitioners to investigate the consequences of stakeholder participation reforms in the global governance of health and finance: What reforms have been introduced? Have these reforms given previously marginalized stakeholders a voice in global governance bodies? What effect have these reforms had on the legitimacy and effectiveness of global governance? To answer these questions, the book examines treaty-based intergovernmental organizations alongside newer forms of global governance such as trans-governmental regulatory networks, multi-stakeholder partnerships, and private standard setting bodies. Through a series of paired comparative analyses, the book provides insights into the experiences of large emerging and smaller or lower income developing countries (Brazil v. Argentina, China v. Vietnam, India v. the Philippines) in a diverse set of organizations, including the World Bank and the World Health Organization, the Basel Committee on Banking Supervision, the Global Fund to Fight AIDS, Tuberculosis and Malaria, the International Accounting Standards Board, Codex Alimentarius Commission and more.

Everyone deserves to be able to retire with dignity, but this core feature of the social contract is in jeopardy. Companies have swerved away from pensions, and most of the workforce has woefully inadequate retirement savings. If we don't act to fix this broken system, rates of impoverishment for senior citizens threaten to skyrocket, and tens of millions of Americans reaching retirement age in the coming decades will be forced to delay retirement and will experience a dramatic drop in their standard of living. In Rescuing Retirement, Teresa Ghilarducci and Tony James offer a comprehensive yet simple plan to help workers save for retirement, increase retirement savings by earning higher returns, and guarantee lifelong income for everyone. Built on people's own money in individual Guaranteed Retirement Accounts, the plan requires no new taxes, no more bureaucracy, and no increase in the deficit. Speaking to Americans' growing anxiety about their ability to retire, Rescuing Retirement provides answers to anyone wanting to understand the growing movement to protect a period of life once considered a deserved time of rest and creativity and offers a practical guide to the future of secure retirement.

Everyone deserves to be able to retire with dignity, but this core feature of the social contract is in jeopardy. Companies have swerved away from pensions, and most of the workforce has woefully inadequate retirement savings. If we don't act to fix this broken system, rates of impoverishment for senior citizens threaten to skyrocket, and tens of millions of Americans reaching retirement age in the coming decades will be forced to delay retirement and will experience a dramatic drop in their standard of living. In Rescuing Retirement, Teresa Ghilarducci and Tony James offer a comprehensive yet simple plan to help workers save for retirement, increase retirement savings by earning higher returns, and guarantee lifelong income for everyone. Built on people's own money in individual Guaranteed Retirement Accounts, the plan requires no new taxes, no more bureaucracy, and no increase in the deficit. Speaking to Americans' growing anxiety about their ability to retire, Rescuing Retirement provides answers to anyone wanting to understand the growing movement to protect a period of life once considered a deserved time of rest and creativity and offers a practical guide to the future of secure retirement.

Written by two experts in the field, the Business Law LPC manual provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law. The manual provides all of the required material students need to understand the latest legal developments affecting business law transactions, with a particular focus on relevant taxation law and business accounts. Examples are used throughout the manual to enable students to contextualize their learning effectively. Extensive and updated statutory references allow students both to cross-refer to appropriate primary sources, and to use the guide to interpret such sources. The book's depth of coverage, accessible format, and clear structure make it an ideal reference for students on the Legal Practice Course. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024.

The past two decades has witnessed unprecedented changes in the corporate governance landscape in Europe, the US and Asia. Across many countries, activist investors have pursued engagements with management of target companies. More recently, the role of the hostile activist shareholder has been taken up by a set of hedge funds. Hedge fund activism is characterized by mergers and corporate restructuring, replacement of management and board members, proxy voting, and lobbying of management. These investors target and research companies, take large positions in `their stock, criticize their business plans and governance practices, and confront their managers, demanding action enhancing shareholder value. This book analyses the impact of activists on the companies that they invest, the effects on shareholders and on activists funds themselves. Chapters examine such topic as investors' strategic approaches, the financial returns they produce, and the regulatory frameworks within which they operate. The chapters also provide historical context, both of activist investment and institutional shareholder passivity. The volume facilitates a comparison between the US and the EU, juxtaposing not only regulatory patterns but investment styles.

The past two decades has witnessed unprecedented changes in the corporate governance landscape in Europe, the US and Asia. Across many countries, activist investors have pursued engagements with management of target companies. More recently, the role of the hostile activist shareholder has been taken up by a set of hedge funds. Hedge fund activism is characterized by mergers and corporate restructuring, replacement of management and board members, proxy voting, and lobbying of management. These investors target and research companies, take large positions in `their stock, criticize their business plans and governance practices, and confront their managers, demanding action enhancing shareholder value. This book analyses the impact of activists on the companies that they invest, the effects on shareholders and on activists funds themselves. Chapters examine such topic as investors' strategic approaches, the financial returns they produce, and the regulatory frameworks within which they operate. The chapters also provide historical context, both of activist investment and institutional shareholder passivity. The volume facilitates a comparison between the US and the EU, juxtaposing not only regulatory patterns but investment styles.

Emerging market countries are currently facing the dual challenge of incorporating transnational regulations into their societies while building their own versions of regulatory capitalism. This raises a multitude questions and challenges. Will the diffusion of international public and private regulations of developed countries, benefit a few and marginalize less developed countries? Or, can these regulations foster transnational public-private experiments to improve local regulatory capacities and social conditions? What kinds of strategies might facilitate or impede both transnational regulatory integration and local institutional upgrading? This book offers a fresh perspective in reconciling the seemingly incompatible goals of transnational integration and development. It offers a new analytical framework and a set of case studies that help forge a comparative analysis of integration and development. It offers both the identification of the mechanisms that can foster lasting transnational integration settlements and broad based domestic institutional and economic upgrading. This multidisciplinary study draws on current research from many leading scholars. They analyse issues in a variety of regions around the world and in industries and domains ranging from food safety, manufacturing, telecommunications, finance, as well as labour and environmental rights. The chapters reveal concrete lessons for scholars and practitioners alike, around the different roles and strategies that governments, the multilaterals, firms, and NGOs can take, to facilitate the integration of international standards, improve domestic institutions, and expand the benefits to a great variety of local groups.

This book is about fiduciary law's influence on the financial economy's environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of 'nature's trust' to metaphorically signal how fiduciary responsibility should accommodate society's dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature's capital. We should expect everyone to act in nature's trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.

This book presents a systematic and contextualised account of Chinese securities and capital markets law, giving readers nuanced and practical understandings of law and practice in this field in China. It is structured to cover topics specific to foreigner investors in China such as foreign investment enterprises and cross-border mergers and acquisitions in China. The cultural and political background to doing business in China is very significant when seeking to understand the current law in the country and it can be difficult to access information on that background. This book provides an explanation of the law and practice by setting the current law in the context of its development. Part I of the book provides an overview of the capital markets in China, a contextual discussion of the market development and its characteristics, and a critical analysis of the regulatory framework and possible reform routes. Part II is dedicated to the regulation of securities offerings and listings in China. It looks at both government approval requirements and information disclosure requirements. Part III addresses the securities enforcement structure comprising the government regulator and self-regulatory bodies such as stock exchanges. It examines various forms of market misconduct including market manipulation and insider training. Part IV focuses on mergers and acquisitions in China. It discusses domestic takeovers and cross-border mergers.

The European Union and Global Financial Regulation examines the influence of the European Union (EU) in regulating global finance, addressing several inter-related questions. Why does the EU 'upload' international financial regulation in some cases, 'download' it in other cases, and 'cross-load' either actively or passively in other instances? Has this changed over time, especially after the third stage of Economic and Monetary Union and the completion of the single financial market, or after the global financial crisis? Under what conditions is the EU more or less likely to upload, download or cross load rules? Through which mechanisms does this take place? Overall, does the EU act as a pace setter in regulating global finance, or is it mainly a follower? Why? The key explanatory variable used in this research is the concept of 'regulatory capacity', applied to the EU and the US, distinguishing between 'strong' and 'weak' regulatory capacity. The influence of the EU in global financial regulation depends on the combinations of EU and US regulatory capacities. When EU regulatory capacity is weak and US regulatory capacity is strong, the US will mainly upload its domestic rules internationally and/or actively cross load them to the EU, whereas the EU will mainly download international rules. When the EU regulatory capacity is strong and US regulatory capacity is weak, the EU is able to upload its rules internationally and/or actively cross load them to third countries. When the EU and the US regulatory capacities are weak, private sector governance prevails. When the EU and US regulatory capacities are strong, both jurisdictions seek to upload and cross load their domestic rules.

This book provides the first comprehensive examination of the regulation of the money market fund sector. In consideration of the current regulatory uncertainties in the sector, this book provides practical help to legal and market practitioners by setting out regulations governing money market funds in the EU and in the US. Providing a comparative approach, analyzing the regulatory environment in the EU and in the US, the book outlines what is required to determine portfolio management and regulatory compliance issues. In doing so, it determines whether a particular analytical approach is sufficiently credible vis-a-vis comparative benchmarks, which is increasingly pivotal in the contemporary setting of the global financial market. Contributing authors offer their interpretations of legal rules and relevant guidelines as well as commentaries, checklists, and practice examples. Divided into three parts; parts one and two cover money market fund development and regulation in the EU and in the US, respectively. Part three provides a comparative analysis of US and EU regulatory models, money market fund ratings, money market funds outside the US and EU and systemic risk regulation. Given the current issues surrounding money market fund regulation, this book is a vital and timely resource offering a comprehensive comparative analysis and rigorous account of money market funds on both sides of the Atlantic.

In Foreclosed, Christopher K. Odinet gives voice to the stories of homeowners that have been neglected, particularly those facing foreclosure and deep financial distress. The book reveals the powerful and often invisible mortgage servicing industry, the tremendous discretionary power it wields over the housing lives of most Americans, and the servicing problems that still persist today. In doing so, it unveils a quiet and dangerous market shift in mortgage servicing - namely, an ongoing move toward a shadow banking sector where regulation is weak - that threatens the stability of our housing finance system. Ultimately, the book demonstrates how the law does not afford homeowners the protection most think and how regulation of these mortgage middlemen remains weak. Foreclosed should be read by anyone concerned with the state of housing and home ownership in the United States.

Constitutional Change through Euro-Crisis Law contains a comparative constitutional analysis of the impact of a very broad range of euro-crisis law instruments on the EU and national constitutions. It covers contrasting assessments of the impact of euro-crisis law on national parliaments, various types of criticism on the EU economic governance framework, different views on what is needed to improve the multilevel system of economic governance, and valuable insights into the nature of emergency discourse in the legislative arena and of the spillover from the political to the judicial sphere. In addition, it deals with how bailout countries, even if part of the same group of euro area Member States subject to a programme, have reacted differently to the crisis.

This index volume completes the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides complete lists of not only all articles and authors contained within the ten volumes, but also full citations for every document referenced in each article; full tables of cases and legistlation; and a detailed, analytical, A-Z index for the ten volumes. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses. The Encyclopedia will be a primary resource for all students and scholars of international law; counsel, judges, and arbitrators involved in international law cases; and government legal advisers.

The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia. This commentary will be of interest to all actors involved in investment arbitrations, especially practitioners, counsels, NGOs and scholars in the fields of international law, commercial arbitration and investor-state arbitration.

This comprehensive account of financial regulation and supervision in times of crisis analyses the complex changes under way regarding the new financial regulatory structures in the EU. Focusing on the organisation of financial supervision, it deals with the background to the reforms, the architecture of the regulatory system, the likely implications for the financial institutions and the challenge of international co-operation. Changes in the US have been heavily criticised and in Europe a brand new regulatory system with three new regulatory agencies and a systemic risk board has been developed. National systems are in the process of being updated. International cooperation, although still difficult, has made progress, with the Financial Stability Board now acting on behalf of the G.20. Central bank cooperation has improved significantly and in the meantime, sectoral regulations are being adapted in full speed, such as Basel III, AIDMD, MiFID and many others. This book gives an overall view of these complex changes. The first section of the book provides an assessment of the reforms and considers the background to their making. In the section on regulatory structure there is analysis of the new regulatory bodies, their complex competences and actions. The book also takes a critical look at their likely effectiveness. The final section of the work considers the actual implementation of the new rules in a cross-border context.

The Bank of England and the Government Debt recounts the surprising history of the Bank of England's activities in the government securities market in the mid-twentieth century. The Bank's governor, Montagu Norman, had a decisive influence on government debt management policy until he retired in 1944, and established an auxiliary market in government securities outside the Stock Exchange during the Second World War. From the early 1950s, the Bank, concerned about inadequate market liquidity, became an increasingly active market-maker in government securities, rescuing the commercial market-makers in the Stock Exchange several times. The Bank's market-making activities often conflicted with its monetary policy objectives, and in 1971, it curtailed them substantially, while avoiding the damaging effects on liquidity in the government securities market that it had feared. Drawing heavily on archival research, William A. Allen sheds light on little-known aspects of central banking and monetary policy.