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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > General
International financial relations have become increasingly important for the development of global and national economies. At present these relations are primarily governed by market forces, with little regulatory interference at the international level. In the light of numerous financial crises, this abstinence must be seriously questioned. Starting with an analysis of the regulatory problems at the international level, with only minimal powers entrusted to international organisations, this book develops various possibilities for reform. On the basis of an historical analysis, the book first adopts a comparative approach to national attempts to regulate international financial markets, then outlines the potential of relevant institutions and finally develops a policy perspective. It seeks to provide a framework for analysing options for the regulation of international financial markets from a public international law and comparative law perspective.
This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.
As Baby Boomers plan for their retirements, finance their children's educations, and provide for their families' medical expenses, they confront a fundamental reality: America today is a defined contribution society. We save for retirement, health care and educational savings through IRAs, 401(k) accounts, 529 programs, FSAs, HRAs, HSAs and other individual accounts which did not exist a generation ago. In its own way, the emergence of these accounts has been a revolution which has, step-by-step, without fanfare, cumulatively transformed tax and social policy in fundamental ways. The Origins of the Ownership Society describes the defined contribution revolution, its causes, and implications. For lawyers, the book provides useful insights into the network of individual accounts which are now central features of the U.S. income tax for retirement, medical, and health savings. For those concerned about public policy, the book provides useful guidance regarding our options in providing for the retirement of the mass numbers of Baby Boomers, and in preparing young Americans for the medical costs of their older years. The defined contribution format will, for good or for ill, be the framework governing the Baby Boomers' choices. For everyone else, including the Baby Boomers themselves, the book explains where we are, how and why we got there, and what our options are for the future.
Across the EU, services are the cornerstone of the modern economy, accounting for over 70% of national GDPs and over 90% of new jobs created. Fostering trade in services has, accordingly, become central to the EU's vision for developing the internal market. Yet regulating services and their international trade is notoriously complex, and controversial. For years the EU's efforts were limited to sector-specific regulation in key areas, until the adoption of the general Services Directive in 2006. Since then, confronted by the limited success of traditional legal intervention, the EU's attentions have shifted to alternative forms of regulation. This book looks back on the historical development of services law, discusses the nature of impediments to trade in services in the EU, and explains the basic rules and principles applicable to such trade. It also examines the recent development of alternative regulatory methods, such as networking, the use of common standards, private regulation, self-regulation, open methods of coordination, and administrative cooperation. Taking a broad perspective and placing services regulation within its economic context, the author offers a thorough evaluation of current regulatory methods alongside the alternative methods which could be deployed. The book is the first to provide an overview of the regulation of services in the EU.
The Prospectus Directive of 4 November 2003 sets the rules on the publication of a prospectus in the event that securities are offered to the public or admitted to trading on a stock exchange in the European Union. These rules apply in all 30 member states of the European Economic Area. Since member states decide to a large extent how to implement the Directive in their law, the rules in the different member states will differ substantially. It is therefore important not only to have an understanding of the rules laid down in the Directive but also to obtain knowledge of the rules applicable in the different states. As an English book it provides an understanding for non-Europeans of the rules applicable on the publication of a prospectus. A comprehensive table of contents, text of the European Directive and a list of national implementing laws are also included.
Regulation is a key concern of industries, consumers, citizens, and
governments alike. Building on the success of the first edition,
Understanding Regulation, Second Edition provides the reader with
an introduction to key debates and discussions in the field of
regulation from a number of disciplinary perspectives, looking
towards law, economics, business, political science, sociology, and
social administration.
Retirement risk management must be dramatically overhauled if workers and retirees are to better prepare themselves to meet future retirement challenges. Recent economic events including the global financial crisis have upended expectations about what pension and endowment fund managers can do. Employers and employees have found it difficult to make pension contributions, despite drops in retirement plan funding. In many countries, government social security systems are also facing insolvency. These factors, coupled with an aging population and rising longevity, are giving rise to serious questions about the future of retirement in America and around the world. This volume explores how workers and firms can reassess the risks associated with retirement saving and dissaving, to identify creative adjustments to adapt to these new risks and realities. One area explored is the key role for financial literacy and education programs. In addition, those acting as plan sponsors and fiduciaries must reconsider pension design to help them better address the new realities. Also novel financial products are described that can help with the design of retirement plans. Experts provide new research and offer policy recommendations, illustrating how retirement plans can be amended to better meet the retirement needs of workers and firms. This volume is an important addition to the Pensions Research Council / Oxford Univeristy Press series and to the current debate on retirement security.
The Blackstone's Guide Series delivers concise and accessible books
covering the latest legislative changes and amendments. Published
soon after enactment, they offer expert commentary by leading names
on the extent, scope, and effects of the legislation, plus a full
copy of the Act itself. They offer a cost-effective solution to key
information needs and are the perfect companion for any
practitioner needing to get up to speed with the latest changes.
Advanced praise for Transfer Pricing Methods "Feinschreiber and a team of renowned executives have provided
the definitive transfer-pricing guide to this challenging area. At
a time when many companies are reviewing documents, policies, and
procedures, it's wonderful to have a concise, clearly written
reference focused on what may be the most critical corporate tax
issue." "It is refreshing to find a treatise on transfer pricing that
combines practical business considerations, economic theory, and a
discussion of technical tax rules in a way that is meaningful not
only for large corporate enterprises but also small and
medium-sized businesses." "This well-written book will be useful both to attorneys new to
the practice area and to older hands. It includes very helpful
discussions on valuation issues that will be particularly useful
for in-house counsel and accountants." "Feinschreiber and his contributors have cogently explained
hundreds of useful facets in the transfer pricing field that have
taken others volumes to articulate. The busy professional should
consider this book in his or her quest for knowledge in the
scintillating tax specialty." "Transfer Pricing Methods . . . should become a standard tool
for every owner-managed and mid-cap multinational." "Bob's vast experience in transfer pricing matters has again
been captured between the covers of a book. Thank you, Bob, and
your contributing colleagues, for producing another valuable
helpmate." "Feinschreiber's current publication is a practical handbook
that presents transfer pricing tools that can assist tax
professionals of mid-sized companies to optimize profits, manage
cash flows, and moderate taxes in a defensible manner."
'This is a most useful book which nicely combines theory and practice. In it the authors provide a framework which helps us better understand the nature of modern financial crises and how monetary and regulatory policies interact in delivering price and financial stability. Certainly worth reading by academics, policymakers and all those interested in deepening their knowledge of how modern financial systems work in both good and bad times.' - Jose Vinals, Standard Chartered, UK 'This collection of papers is a remarkable tour de force. Goodhart and Tsomocos have made pioneering steps toward understanding the causes of financial crises and showing how the financial system can be regulated to reduce and mitigate them. A must-read for anyone interested in financial stability.' - Doyne Farmer, University of Oxford, UK 'Today almost everyone realizes the crucial importance of liquidity, a painful lesson taught by the global financial crisis. This collection records that Goodhart and Tsomocos were early and persistent voices, initially in the wilderness but now almost mainstream, showing the way forward by clothing old wisdom in new modelling.' - Perry G. Mehrling, Columbia University, US Charles Goodhart and Dimitrios P. Tsomocos examine the interaction of monetary and regulatory policy to achieve the important goals of price and financial stability. Their focus is on the relationship between liquidity and default in the post-crisis context, with special emphasis on macroprudential regulation. Exploring how financial stability can be continually assessed and measured, Financial Regulation and Stability discusses the interrelationships between liquidity and default. Without default there would be no concern about liquidity. But the financial crisis was not just a liquidity problem, it requires a general equilibrium model. The authors' model delineates all the potential interrelationships between the real and financial sectors of the economy, with special emphasis on the interaction between liquidity and default. Economists and central bankers will greatly benefit from the practical advice offered in this book to aid financial stability. Advanced students of financial economics will also find this a vital read to understand the consequences of the 2007-8 financial crisis in more depth and the lessons to be learnt.
Americans have always loved risktakers. Like the Icarus of ancient
Greek lore, however, even the most talented entrepreneurs can
overstep their bounds. All too often, the very qualities that make
Icaran executives special-- self-confidence, visionary insight, and
extreme competitiveness--spur them to take misguided and even
illegal chances. The Icaran failure of an ordinary entrepreneur
isn't headline news. But put Icarus in the corporate boardroom and,
as David Skeel vividly demonstrates, the ripple effects can be
profound.
Beginning 30 years ago American citizens were allowed to own and exchange gold in any form, something they had not been able to do for the previous 40 years. Restrictions on gold began with a series of actions intended to buttress the collapsing economy of the 1930s, including executive and legislative action forbidding the private ownership of and trading in gold and abrogating "gold clauses" in contracts--obligations payable in gold or in dollars measured by gold. All of these actions were subsequently upheld by the U.S. Supreme Court. They have profound implications for us today. This book provides a full and thoughtful consideration of all these issues, including the economic and legal history of the events of the 1930s, the effects of those events on government and private practices since that time, the economics of gold clauses and other indexing devices, and the anticipated impact of the legalization of gold ownership. It includes chapters by James M. Buchanan and T. Nicolaus Tideman, Milton Friedman, Harry G. Johnson, Ralph K. Winter, and Gerald T. Dunne, as well as discussions by Allan Meltzer, Karl Brunner, Armen Alchian, Lester Chandler, and David Meiselman among others. The diverse points of view represented make this book valuable to a broad spectrum of people concerned with the relationship between legal and economic policy; with the role of money in times of depression or inflation; and with the importance of gold itself in international and domestic economic systems. It will be important to economists concerned with international trade, macroeconomics, monetary economics; legal scholars concerned with problems of constitutional law, international trade, and the theory of contracts; and to that large group of people who are interested in precious metal that has long been central to human affairs. "Henry G. Manne" is dean and university professor emeritus at George Mason University. He has published many books and articles and is an Honorary Life Member of the American Law and Economics Association. He is considered an expert in insider trading, legal education, law and economics. "Roger LeRoy Miller" is associated with the Institute for University Studies in Arlington, Texas. Some of his most recent books include "Money, Banking and Financial Markets" (with David D. VanHoose), "Business Law Today: The Essentials" (with Gaylord A. Jentz) and "Economics Today."
Over the last decade, the U.S., UK Israel and other states have begun to use Unmanned Aerial Vehicles (UAVs) for military operations and for targeted killings in places like Pakistan, Yemen and Somalia. Worldwide, over 80 governments are developing their own drone programs, and even non-state actors such as the Islamic State have begun to experiment with drones. The speed of technological change and adaptation with drones is so rapid that it is outpacing the legal and ethical frameworks which govern the use of force. This volume brings together experts in law, ethics and political science to address how drone technology is slowly changing the rules and norms surrounding the use of force and enabling new, sometimes unprecedented, actions by states. It addresses some of the most crucial questions in the debate over drones today. Are drones a revolutionary form of technology that will transform warfare or is their effect merely hype? Can drone use on the battlefield be made wholly consistent with international law? How does drone technology begin to shift the norms governing the use of force? What new legal and ethical problems are presented by targeted killings outside of declared war zones? Should drones be considered a humane form of warfare? Finally, is it possible that drones could be a force for good in humanitarian disasters and peacekeeping missions in the near future? This book was previously published as a special issue of The International Journal of Human Rights.
Scandals in financial institutions, weakness in the world economy, and volatility in financial markets bring to the fore issues of regulation and consumer protection. This comparative survey of how investors are currently protected in a range of European countries and the USA is set in an accessible theoretical framework. It will be invaluable for academics and students involved in the analysis of financial markets and regulation as well as practitioners in financial institutions and regulatory authorities.
Scandals in financial institutions, weakness in the world economy, and volatility in financial markets bring to the fore issues of regulation and consumer protection. This comparative survey of how investors are currently protected in a range of European countries and the USA is set in an accessible theoretical framework. It will be invaluable for academics and students involved in the analysis of financial markets and regulation as well as practitioners in financial institutions and regulatory authorities.
Contemporary Issues in Economic and Financial Analysis 99 includes fourteen studies on contemporary issues within governance and regulations by authors invited from various universities and institutions. The chapters are a mix of discussion-based studies and empirical research studies aimed at understanding particular aspects of governance and regulations. Some refer to a particular country-specifically Malta, Indonesia, and India-and others are more generic and/or European-focused. These chapters include studies of the following: the challenges of corporate governance in small family-owned firms; a credit institution's perspective for managing conduct risk in the boardroom; the implications of the regulation and governance of financial advice in Europe for the retail financial advice sector and its consumers; the barriers to the development of Maltese cooperatives; corporate governance and cash holdings in Indian firms; whether good governance fosters trust in the government; the impact of takeover bids on European law and corporate governance; the developments and outcomes of the reform of the doctrine of "utmost good faith" in the UK; whether corporate decisions in Indonesia are a result of corporate governance requirements; earning management and audit reports; the European deposit insurance scheme; product intervention of supervisory authorities in financial services; the teaching of financial services regulation; how to link the human element to the risk management process, which is one of the internal control processes in governance of an organisation; and whether the transparency regime on the financial institutions market really works.
With Economic and Monetary Union, the European Union has embarked on one of the biggest projects in its history. Previous literature has focused on how EMU came into being and on the policy issues that it raises. European States and the Euro seeks to move the discussion forwards by offering the first systematic evaluation of how it is affecting EU states, both members and non-members of the Euro-Zone. It is the first book to explicitly situate EMU in the growing literature on Europeanization. It examines the effects on public policies, political structures, discourses, and identities. The book seeks to identify the scope of EMU's effects, the direction that it imparts to political and policy changes, the mechanisms by which it produces its effects, and the role of domestic institutions, political leadership and specific forms of discourse in shaping responses. In addition, the book assesses how, and with what effects, EMU is affecting key policy sectors labour markets and wages, welfare states, and financial market governance. What conditions the degree of convergence discernible in these sectors? Finally, the book seeks to 'contextualize' EMU by assessing its effects both in comparison with other variables like globalization and in a historical perspective of the European Monetary System as a 'training ground'. The book combines sectoral and country case studies with a thematic treatment by recognized experts in their fields. It moves from globalization, through EU-level changes, to member states and finally to specific sectors. The main conclusions are that EMU is most important in affecting the timing, tempo and rhythm of domestic change that these changes are experienced pre-eminently at the level of policy; that it strengthens pressures for convergence; but that different domestic institutional arrangements and discourses lead to variations in policy processes and effects and in the way change is 'framed'. In particular, whilst EMU contains a neo-liberalizing tendency exhibited most clearly in financial market effects, it is not to be characterized as a neo-liberal project by means of which the EU is becoming an economic and social space simply converging around Anglo-American market capitalism.
This book relates the development of economic and monetary union in the EC to the development of the single market for financial services. The new edition fully reflects the institutional and legal consequences of the achievement of economic and monetary union in 1999, while taking account also of the continuing flow of Community legislation and case-law in the area of financial services. The transparency resulting from monetary union has shown problems of taxation to be a barrier to market integration, and this is reflected in a new Chapter. On the other hand, this an area in which variable geometry has become a legal reality, and this also is reflected in a new Chapter of the book.
CARlA BODO Board Member of the Cultural Information and Research Centres liaison in Europe (CIRCLE) and Director of the Observatory for the Performing Arts at the Department of the Performing Arts of the Italian Prime Minister's Office, Roma The relation between the public and the private sector in the field of culture, the central theme of this publication, was thoroughly debated during the 1997 CIRCLE Round Table in Amsterdam. It was not the first time CIRCLE addressed this issue. In 1988 CIRCLE'S Bureau was invited to participate in a seminar in Budapest on The State, the Market and Culture. I will never forget the emotional impact of Sacha Rubinstein's demonization of state sup port and his apotheosis of the role of the market in the cultural field in Russia. So, in ad vance of actual events, we suddenly had a premonition of what was going to happen, ofthe turmoil which was about to radically change the socio-political scene of Central and East ern Europe. Six years later, in 1994, we met again in Budapest for a Conference on The Distribu tion of Roles between Government and Arts Councils, Associations and Foundations."
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Tax Havens for International Business is a special management report that shows how the establishment of a tax haven operation, in any of many locations worldwide, can save more money than any internal tax-shelter programme. This volume provides a comprehensive, step-by-step plan that simplifies the myriad complexities surrounding the formation and incorporation of branch offices and subsidiary companies within such tax havens as the Bahamas, Bermuda, the Cayman Islands, Greece, Hong Kong, Luxembourg, Malta, The Netherlands, Panama, Puerto Rico, and Switzerland. In addition, it presents detailed information on each tax haven's economic, legal, political, cultural and geographical aspects, which must be considered if such an enterprise is to operate successfully.
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