Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in terms of the novel types of dispute that have emerged. Traditionally, investor-state disputes resulted from straightforward incidences of nationalisation or breach of contract. In contrast, modern disputes frequently revolve around government measures taken to further public policy goals, such as the protection of the environment. This book explores the outcomes of several investor-state disputes over environmental policy. In addition to examining the pleadings of parties and decisions of arbitral tribunals in disputes that have been resolved in arbitration, the influence that investment arbitration has had in negotiated outcomes to conflicts is also explored.

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.
The book has been extensively revised and updated to take into account the significant developments and events of the past decade. Containing several new chapters, it has been completely restructured into seven parts, covering: the fundamental issues regarding regulation; different types of regulatory strategies; rules and enforcement; quality and evaluation; regulation at different levels of government; network issues; and concluding thoughts.
Drawing on cross-sectoral and cross-national examples, this book reviews the central questions of regulation, and reflects upon those contentious issues that affect the design and operation of regulatory institutions. Amongst other topics, it discusses "better regulation," enforcement, self-regulation, risk regulation, cost-benefit analysis, and more utility regulation-oriented topics, such as price-setting. It will be an essential resource for academics, researchers, and graduates across the social sciences studying regulation.

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.

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.

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.

The comprehensive "bible" for financial experts providing litigation support The Litigation Services Handbook is the definitive guide for financial experts engaged in litigation services. Attorneys require financial experts now more than ever, and this book provides the guidance you need to provide a high level of service as witness and consultant. Enhance your litigation skills as you delve into the fine points of trial preparation, deposition, and testimony; project authority under examination, and hold up to tough questions under cross-examination. Fraud investigations are a major component of litigation support services, and this book delves deep into Sarbanes-Oxley compliance and other relevant topics to give you a foundational understanding of how these cases are prosecuted, and your role as the financial services expert. This updated sixth edition includes new coverage of technology's role in the financial expert's practice, and the focus on investigations provides practical insight from leading experts in the field. From the process itself to proving damages, this indispensable reference covers all aspects of litigation services. Providing litigation support requires more than just your financial expertise; you also need a working knowledge of relevant case law, and a deep understanding of both the litigation process and the finer points of courtroom appearances. This book provides the insight and perspective you need to provide superior service to attorneys and their clients. * Understand your role in trial preparation and testimony presentation * Provide authoritative responses to direct and cross examination * Examine and analyze Sarbanes-Oxley rulings * Lend financial expertise to fraud investigations The growing demand for financial expert litigation services has created a niche market for CPAs, creating a lucrative opportunity for qualified accountants who also possess the specialized knowledge the role requires. The Litigation Services Handbook is THE essential guide for anyone involved in financial litigation.

The turmoil in financial markets that resulted from the 2007 subprime mortgage crisis in the United States indicates the need to dramatically transform regulation and supervision of financial institutions. Would these institutions have been sounder if the 2004 Revised Framework on International Convergence of Capital Measurement and Capital Standards (Basel II accord)-negotiated between 1999 and 2004-had already been fully implemented? Basel II represents a dramatic change in capital regulation of large banks in the countries represented on the Basel Committee on Banking Supervision: Its internal ratings-based approaches to capital regulation will allow large banks to use their own credit risk models to set minimum capital requirements. The Basel Committee itself implicitly acknowledged in spring 2008 that the revised framework would not have been adequate to contain the risks exposed by the subprime crisis and needed strengthening.This crisis has highlighted two more basic questions about Basel II: One, is the method of capital regulation incorporated in the revised framework fundamentally misguided? Two, even if the basic Basel II approach has promise as a paradigm for domestic regulation, is the effort at extensive international harmonization of capital rules and supervisory practice useful and appropriate? This book provides the answers. It evaluates Basel II as a bank regulatory paradigm and as an international arrangement, considers some possible alternatives, and recommends significant changes in the arrangement.

This study traces the history of the law of bills and notes in England from medieval times to the period in the late eighteenth and early nineteenth centuries when bills played a central role in the domestic and international financial system. It challenges the traditional theory that English commercial law developed by incorporation of the concept of negotiability and other rules from an ancient body of customary law known as the law merchant. Rogers shows that the law of bills was developed within the common law system itself, in response to changing economic and business practices. This account draws on economic and business history to explain how bills were actually used and to examine the relationship between the law of bills and economic and social controversies.

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.

Argyle Publishing's Handbook on the Law of Small Business is a guide for small firm attorneys, general practitioners, and attorneys providing legal representation for small businesses. It can also be used by businessmen and entrepreneurs seeking more in-depth coverage on legal and tax issues. The Handbook on Small Business contains thorough practice guides on issues commonly faced by small business law practitioners, as well as templates, forms, checklists, and other resources for providing excellent legal representation to small businesses and their owners. All purchasers receive access to bonus content online, including all forms in the book, bonus operating agreements and other forms. This Handbook on Small Business shows you how to: Select the most advantageous business entity for the client's purpose Choose between and LLC, S Corporation, C Corporation, and other structures. Draft effective partnership, shareholder, and member agreements. Organize a small business corporation Effectively operate a small business corporation and LLC to avoid potential liability. Terminating, converting, and liquidating corporations and LLCs. Includes a state-by-state summary of business organization laws. Bonus content available at www.argylepub.com, including: Searchable, electronic version of the Handbook. Forms from the Handbook in editable format. Bonus forms not included in the Handbook. Operating Agreements. Bylaws. Director and Member Resolutions, Proxies, and More. This expanded and updated 2014 edition includes 400 pages of practical advice for small business attorneys.

Alastair Hudson's The Law of Finance brings together, for the first time, in a single volume, the whole of international finance, as understood in English law. The volume is divided into two halves with section one considering the principles of the law of finance and section two considering the full range of modern financial techniques in their legal context. By explaining key concepts and practical issues, examining core principles and analysing the key areas of financial practice and the effects of the global meltdown, Professor Hudson provides an unparalleled work of breadth of scope and wealth of detail.

The globalization of financial markets has attracted much academic and policymaking commentary in recent years, especially with the growing number of banking and financial crises and the current credit crisis that has threatened the stability of the global financial system. This major new Research Handbook sets out to address some of the fundamental issues in financial regulation from a comparative and international perspective and to identify some of the main research themes and approaches that combine economic, legal and institutional analysis of financial markets. Specially commissioned contributions represent diverse viewpoints on the financial regulation debate and cover a number of new and controversial topics not yet adequately addressed in the literature. Specifically, these include; financial innovation - particularly in the context of the credit risk transfer market, securitization and the systemic importance of the over-the-counter trading markets; the institutional structure of international financial regulation; and risk management and corporate governance of financial institutions. This Handbook will provide a unique and comprehensive resource for all those with an interest in this critical issue - including academic researchers in finance and regulation, practitioners working in the industry and those involved with regulation and policy. Contributors: K. Alexander, I. Alfon, I. Argimon, P. Bascunana-Ambros, T. Burns, A. Cornford, R. Dhumale, J. Eatwell, M. Fujii, I. Hasan, K.R. Ilmonen, E.J. Kane, M. Kawai, D. Masciandaro, D.G. Mayes, A. Nesvetailova, C. Papathanassiou, A. Persaud, D. Pesendorfer, G. Riccio, X. Roduner, C.A. Russo, A. Singh, M. Waisman

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.

This book provides a compelling account of the rigging of benchmarks during and after the financial crisis of 2007-08. Written in clear language accessible to the non-specialist, it provides the historical context necessary for understanding the benchmarks - LIBOR, FOREX and the Gold and Silver Fixes - and shows how and why they have to be reformed in the face of rapid technological changes in markets. Though banks have been fined and a few traders have been jailed, justice will not be done until senior bankers are made responsible for their actions. Provocative and rigorously argued, this book makes concrete recommendations for improving the security of the financial services industry and holding bankers to account. -- .

Credit rating agencies (CRAs) are expected to provide investors with an informed and unbiased view on securities' debt risk; the risk that issuers will fail to make promised interest or principal payments when they are due. The agencies provide judgements on the creditworthiness of bonds issued by a wide spectrum of entities, including corporations, non-profit firms, special purpose entities, sovereign nations and state and municipal governments. This book explores the regulation and reform of credit rating agencies with a focus on their performance and failures in recent years.

This book explains how the self regulatory system for U.S. securities firms works with three tiers of supervision. Overseeing the whole system is the U.S. Securities and Exchange Commission, which directly supervises the self-regulatory organizations such as the New York Stock Exchange and the National Association of Securities Dealers. In turn, these self-regulatory organizations oversee the broker-dealers who conduct the daily business of buying and selling securities. The system relies heavily on the firms' internal supervisory systems to prevent violations of securities laws, since they are in the best position to track their own internal activities. Firms may be fined, or subject to even more stringent penalties, if their supervisory systems fail. This book is an in-depth examination of how this regulatory system works, the types of regulatory problems with which broker-dealer firms must deal, why some firms have more problems than others, and what the experience with the system suggests about ways of improving self regulatory systems generally.

Law Reform and Financial Markets addresses how law reform can be used to support strong financial markets and draws on the Global Financial Crisis as a case study. This edited collection reflects recent developments, including the EU institutional reforms and Dodd-Frank Act 2010. The different contributions adopt a range of theoretical, contextual, and substantive perspectives, examine different domestic, regional, and international contexts and assess public and private law frameworks in considering how legal and regulatory reforms can be most effectively designed for strong financial markets. This comprehensive book will appeal to academics and postgraduates in the field of financial regulation and in cognate fields, including finance and economics, as well as to regulators and policy makers. Contributors include: K. Alexander, E. Avgouleas, J. Black, M.A.H. Dempster, N. Dorn, C.A. Johnson, E.A. Medova, P. Morris, I. Ramsay, J. Roberts, A. Waclawik-Wejman, T. Williams, S. Zhu

The Nordic tax systems have recently undergone dramatic changes. Tax bases have been broadened, marginal tax rates have been cut, and the Nordic countries have abandoned the traditional income tax in favour of a 'dual' income tax combining progressive taxation of labour income with a low flat tax rate on capital income. Nordic governments have also experimented with new innovative methods of taxing business income. This book evaluates the Nordic tax reforms in the light of recent advances in the theory of taxation.

This book introduces a dynamic, new framework for using law, litigation, regulation and lobbying as part of competitive business strategy. Every business strategist, entrepreneur, and corporate lawyer needs to understand a basic truth of the modern market -- you must make the legal rules that govern your products and services or one of your competitors will. And it is much easier to stay in business if you are the one writing the rules. Written in a lively style with a host of stories and examples drawn from business history as well as contemporary events, professor G. Richard Shell of the world-famous Wharton School of Business shows how business leaders from Henry Ford and Bill Gates and corporate rivals from Coke to Pepsi have fought and won the battle for legal supremacy.

Collection of Articles on Business Development, Marketing, and Sales for Lawyers