With the creation of a single global market in financial services, the effective regulation of banks at the international level has become essential. This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response, beginning with the collapse of the Bretton Woods system of managed exchange rates and the resulting establishment of the Basel Committee on Banking Supervision in 1974. The author describes the structure and operation of the Committee and examines both the content of its core supervisory papers and the development of its more general regulatory programme. The emergence of increasingly complex international banking and financial conglomerates has required a fundamental revision of the traditional sector-based methods of supervision and regulation. The book examines the difficulties associated with the cross-border and cross-sector regulation of such groups and assesses the international response to these problems. Financial crises in Asia and elsewhere during the late 1990s generated further anxiety concerning the stability of the international financial market place. The causes of the crises are accordingly examined and the various responses adopted as part of an international financial architecture analysed in detail. This book addresses all the major factors involved in international banking supervision, conglomerate control and financial stability together in a single text. It should prove a useful reference and analytical tool for all those specializing in international banking and financial market control.

This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.

The question of what constitutes 'fraud in the transaction' with respect to international letters of credit varies considerably among jurisdictions. In proving allegations of fraud, it is crucial for the practitioner to know the relevant jurisdiction's case law, especially if wider defences such as inducement, unconscionable conduct or bad faith must be invoked. In this book, the author argues that, whereas 'fraud in the documents' is generally sufficient in cases involving commercial letters of credit, standby letters of credit demand a wider fraud exception. The central issue - how wide that fraud exception should be - is what this book explores in depth.This author compares and critically examines the application of the fraud exception in four major trade jurisdictions - the United States, England, Canada, and Australia. With an overall focus on how each jurisdiction's fraud tests treat the autonomy of standby letters of credit, she builds her arguments on such relevant sources and concepts as the following: when it can be shown that the beneficiary has 'no bona fide belief' in the validity of its claim demand guarantees; international initiatives (ICC Rules and the UN Convention on Independent Guarantee and Standby Letters of Credit); the Sztejn Rule; parameters of the 'fraud in the transaction' defence 'materiality' standard; prerequisites for injunctive relief; arguing 'fraud in the formation of the contract'; performance bond cases; applying the 'breach of good faith' defence; 'negative stipulation' in the underlying contract; and equitable versus statutory/broader notion of unconscionability. The presentation includes detailed summaries and analyses of leading cases in all four jurisdictions.

Global competition, technological development, and changes in banking laws and regulations are transforming the role of commercial banks and the nature of the banking business within the U.S. financial system. The earlier editions of this work have been revised and expanded to incorporate discussions of these dramatic changes and their results. The discussions of the issues have been kept as current as possible, and a solid background has been supplied to provide perspective. Emphasis has been placed on the management of commercial banks through the formulation and implementation of sound and flexible policies.

The publication of Frederick Abbott's new book could not be more timely. The impact of the NAFTA on the North American marketplace has clearly manifested itself over the past year and the emergence of the World Trade Organization (WTO) as the regulator of global commerce will have a profound influence on the conduct of international trade. This book provides a comprehensive approach to the study of the NAFTA and its implications for the global trading system. It covers the political and legal process of NAFTA approval as well as the NAFTA's potential economic impact. Detailed analysis is given to the NAFTA rule systems, dispute settlement mechanisms, and environmental implications. Perhaps most importantly, this book situates the NAFTA into the broader global multilateral trading system now to be embodied in the WTO. It examines the legal rules of the WTO designed to regulate the activities of regional integration arrangements. It considers the potential for conflict between the rules and trade policies of the WTO and those of the NAFTA. This book holds a strong appeal for practitioners and academics interested in international economic law. This book is the first volume in the new NAFTA LAW AND POLICY series. This series will include high-quality studies of different aspects of NAFTA, including legal analysis and commentary on the Agreement. Among the numerous areas that will be covered in the series are NAFTA topics as diverse as agriculture, dispute settlement, environment, intellectual property rights, investment, and labour.

Since 1979, China has been in the midst of an on-going process of liberalization of financial services, which has been accelerated under its WTO obligations. Such liberalization increases the vulnerability of China to financial crises, with domestic and international implications. In order to reduce its vulnerability, China is seeking to develop a robust financial system by restructuring its financial regulatory and institutional structure in accordance with international standards. This process requires structural choices to be made in respect of financial services liberalization commitments and international financial standards. These choices will have a significant impact upon the development of China's financial system. The reform of China's financial system raises many challenges. At the international level, there is at present no explicit linkage between the required legal infrastructure that must be in place for the development of a robust financial system and financial liberalization under the WTO. At the domestic level, weaknesses remain, which are likely to be brought to the surface by financial liberalization resulting from WTO accession and implementation. China's challenge is to strike an appropriate balance between a robust financial system and WTO compliance. Measures taken in this connection will also be indicative of potential disputes that may arise with other WTO members, including Hong Kong and Taiwan. In December 2006, China's two protective measures of geographical limitation and client limitation will be eliminated. There will be few market access limitations for foreign investors in banking, except capital requirements. In this context, it is interesting to know how Chinese financial regulators will deal with the liberalization issue arising from the WTO, and this is the focus of this authoritative book. This examination of China's financial reform under the WTO is meaningful for other developing and developed countries, as well as for China. This book addresses the on-going process of financial restructuring and reform in post-WTO China from a legal perspective. Chapter 1 provides an overview of the impact of the WTO on China's financial markets and financial law systems. Chapter 2 discusses reform of banking law and regulation in post-WTO China. Chapter 3 addresses the role of the central bank in China's financial system, focusing on issues of independence and accountability of the People's Banking of China (PBOC), China's central bank. Chapter 4 analyses China's compliance with WTO obligations in the area of banking. Chapter 5 discusses the role of asset management companies (AMCs) in China's on-going banking restructuring and liberalization. Chapter 6 analyses the development of securities markets in China, the challenges being faced and the impact of the WTO. Chapter 7 describes insurance and its development in China, focusing on the role of the WTO in liberalization. A new topic in China, i.e., financial conglomerates, is discussed in chapter 8, building upon the discussions in the previous chapters. Chapter 9 in turn studies the issue of financial institution insolvency and restructuring - as noted in previous chapters, key issues in China. Chapter 10 discusses the double impact of the WTO and one of China's regional trade agreements, CEPA, on China's banking law.

The Changing Face of Corruption in the Asia Pacific: Current Perspectives and Future Challenges is a contemporary analysis of corruption in the Asia-Pacific region. Bringing academicians and practitioners together, contributors to this book discuss the current perspectives of corruption's challenges in both theory and practice, and what the future challenges will be in addressing corruption's proliferation in the region.

This textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.

This work examines both the UK and international regulation, as well as the case law and legislation affecting a wide spectrum of modern financial techniques. Within the scope of those financial techniques are the broad range of instruments, structures and contracts deployed by global financial markets in relation to corporate customers, sovereign entities and other public sector bodies. The essays in this collection are concerned with the nature of the modernity of financial products like derivatives, and the particularly acute challenge that they pose both to the control of financial markets by private law and by established means of regulation. Much of the book focuses on derivatives as exemplars of this broader context. The authors analyze practical and theoretical issues as diverse as credit derivatives, dematerialized securities, the ISDA EMU protocol, and the OTC derivatives market, as well as the regulation of financial products, the economics of financial techniques, and the international regulatory framework. They examine issues of private law, including the legal implications of immobilization and dematerialization in collateral transactions, seller liability in credit derivatives markets and fraud. The essays examine the benefits and shortcomings of various legal mechanisms and methods of financial regulation, and suggest new approaches to the questions facing the law of international finance. The essays in this book arose out of the W.G. Hart workshop on Transnational Corporate Finance and the Challenge to the Law held at the Institute of Advanced Legal Studies in London in 1998.

Accounts for Solicitors is a practical introduction to a subject that all practising solicitors need to understand. The text is divided into two parts: the first explains fundamental accounting concepts to allow students to read and interpret end of year accounts; the second deals with the accounts of solicitors and, in particular, the need to account for a clients money. Written in simple, non-technical language, Accounts for Solicitors provides a clear and comprehensive introduction to this complex subject with worked examples, self-test sections and key learning points at the end of each chapter to help illustrate and reinforce the unfamiliar, and often difficult, concepts involved. Part II of the book has been updated to take account of further guidance from the SRA on the SRA Accounts Rules 2019 and incorporates Law Society guidance on the VAT treatment of disbursements.

NAFTA has initiated a procedure for addressing transborder economic problems in a more adequate and predictable fashion, potentially encouraging policy convergence between three disparate political cultures. Rather than addressing economic, social and environmental policy issues separately, trade policy now serves as a vehicle for negotiating policy convergence. Consequently trade officials are being forced to deal with an expanded array of domestic policy isues. This text presents a detailed examination of the initial NAFTA experience and evaluates its long-term implications beyond those of ending trade and tarriff barriers. In particular, it examines the cultural implications of this international arrangement. In addition, environmental protection and conservation issues are increasingly at the forefront of the international political agenda. NAFTA's environmental side agreement has created a way of addressing environmental concerns whilke protecting local standards, illustrating the attempt to achieve policy convergence by means of a trade apparatus. NAFTA now represents the continuing tension between integration and the maintenance of national autonomy.

The crisis of distribution is one of the longest standing and complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result of all these factors. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the Reform and Opening-up Policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. The two volumes examine the crisis of distribution that China faces and proposes policy and economic law methods that can be used to overcome the distribution dilemma. The author discusses the four main concepts and focus points of the crisis of distribution - distribution itself, the crises it faces, the rule of law and development before proposing a theoretical framework of "system-distribution-development" to resolve distribution problems that China faces. The book should be of keen interest to researchers and students of law, economics, and political science.

This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.

Ever since the Great Recession, the global financial regulatory system has undergone significant changes. But have these changes been sufficient? Have they created a new problem of over-regulation? Is the system currently in a better position than in the pre-Recession years, or have we not adequately addressed the basic causes of the financial crisis and resulting Great Recession?These were the questions and issues addressed in the seventeenth annual international banking conference held at the Federal Reserve Bank of Chicago in November 2014. In collaboration with the Bank of England, the theme of the conference was to examine the state of the new global financial system as it has evolved in response to significant market changes and regulatory reforms triggered by the global financial crisis. The papers from that conference are collected in this volume, with contributions from an international array of government officials, regulators, industry practitioners and academics.

With the development of new and more complex forms of business organization, such as multinationals or corporate groups, the question arose as to whether they could still be regarded as a single legal entity. How should the issue of company liability, for instance, be regarded when dealing with the different subsidiary groups of one large enterprise? The question of company liability with regard to multinationals and corporate groups forms one of the central themes of this work, and one which should interest all those active in today's business world.

Among the prominent legal roles Claus-Dieter Ehlermann has played in his career, his leadership of the Legal Service of the European Commission is perhaps the best known. This liber amicorum appears as his term at the Appellate Body of the World Trade Organization draws to a close. In this book 30 of his colleagues offer fresh and provocative insights into many of the areas of international law on which Professor Dr Ehlermann has left his stamp. Topics include: the WTO dispute settlement system; regulation of trade barriers; the first signs of a global jurisprudence; the principle of proportionality; enforcement of competition law; and the place of human rights in European and global integration. This book's evaluations and proposals should find thought-provoking echoes in the minds of all those concerned with any of the integration processes under way in today's interdependent world.

The book renders a basic overview, in the English language, of current issues and problems in international and Swiss finance market law for both an international and national readership. The first part is concerned with basic facts and figures and the international framework upon which Swiss finance market law is based (in particular, the IMF, WTO, GATS, BIS, IOSCO etc., as well as EU law), followed by an overview of the events regarding dormant accounts. The second part elaborates on the SNB, the FBC and the Swiss banking and securities law (including takeover law). Separate chapters are devoted to the securities alliances, the corporation as a finance instrument and investment funds. Finally, the book covers relevant criminal law subjects in the finance field, banking confidentiality and administrative and legal assistance.

Contrasting arbitration of securities disputes with litigation in the courts, this book reviews the interaction of federal securities laws and arbitration in light of caselaw. This review culminates in the recent U.S. Supreme Court cases supporting the validity of predisputed arbitration agreements even when there are claims of fraud and violations of federal securities law. The common law view of arbitration and the Federal Arbitration Act of 1925 are discussed, as are the arbitration process and forums within the securities industry. Procedures (e.g. evaluating the merits of a claim, presenting a securities case to arbitration panels throughout the nation, and appealing an arbitration award) are also examined. It is the only book to date to discuss the new AAA Securities Arbitration Rules.

Ideal for lawyers and securities industry professionals, the book discusses the theories for brokerage firm liability such as securities fraud, churning, the Know Your Customer rule, suitability, problems with trades (e.g. failure of execution or orders), and improper record keeping. It also discusses the use of arbitration to resolve disputes between those working in the industry and reviews the requirements for statements of claims in an arbitration process. Methods of evaluation, statutes, and forms are provided, which will be helpful to both the individual and the lawyer contemplating prosecuting a securities claim in arbitration versus litigation.