Die Arbeit behandelt die Rechtsprechung des Bundesgerichtshofs zu wettbewerbsbeschrankenden Dienstbarkeiten. Nach einer umfassenden Darstellung dieser Rechtsprechung werden die Ergebnisse zusammengefasst und weiter analysiert. Das Ergebnis ist eine geschlossene Systematik der verschiedenen Dienstbarkeitstypen. Dabei wird zum einen eine begriffliche Klarung des Begriffs der "Sicherungsdienstbarkeit" angestrebt, zum anderen wird der Begriff der "sichernden Dienstbarkeit" zur Abgrenzung vorgeschlagen. Letztlich wird die Problematik der "Verewigung" schuldrechtlicher Bezugspflichten durch Dienstbarkeiten untersucht. Es wird dargestellt, dass es sich hierbei um ein wettbewerbsrechtliches Problem handelt.

Der Welthandel wird durch Ursprungsregeln gesteuert und kanalisiert. Einen bedeutenden Anteil am internationalen Warenaustausch haben Freihandelsabkommen. Deren Signifikanz wird in der Zukunft noch zunehmen: APEC, ASEAN, Mercosur und NAFTA sind hierfur Beispiele. Diese voelkerrechtliche Untersuchung stellt die Ursprungsregeln des Nordamerikanischen Freihandelsabkommens NAFTA dar und pruft deren Konformitat mit dem multilateralen Regelwerk der WTO. Naherhin untersucht sie, ob der NAFTA-Vertrag mit Art. XXIV GATT in Einklang steht. Die Arbeit wirft ein Licht auf den Warenaustausch unter bedeutenden Teilnehmern am Welthandel. Die NAFTA-Ursprungsregeln haben paradigmatische Bedeutung; insbesondere da sie als Grundlage fur ein etwaiges, zukunftiges Freihandelsabkommen zwischen Nord-, Mittel- und Sudamerika (FTAA) dienen koennten. Die Auswirkungen der NAFTA-Ursprungsregeln werden anhand der Automobil- und Textilwarensektoren illustriert.

Das Buch gibt einen umfassenden UEberblick uber die gesamten verfassungsrechtlichen und einfachgesetzlichen Haftungsinstitute bei der Einschaltung privater Krafte zur Erfullung oeffentlicher Aufgaben. Die Autorin stellt die Werkzeugtheorie des Bundesgerichtshofs dar und zeigt ihre Schwachen auf. Auf der Grundlage der neuesten Rechtsprechung des Bundesgerichtshofs zur Haftung bei der Einschaltung privater Krafte im Bereich der Eingriffsverwaltung werden neue Loesungsansatze aufgezeigt und entwickelt. In einem zweiten Teil wird die Haftung des Staates bei der Indienstnahme Privater behandelt. Hierbei handelt es sich um den Sonderfall einer nicht freiwilligen Hilfeleistung durch Private. Vor dem Hintergrund der verfassungsrechtlichen Rechtsprechung werden dogmatische Grundlagen entwickelt.

Im Zuge dieser Arbeit wird anhand der Kartellrechtsordnungen der fuhrenden Industriestaaten die hervorgehobene Bedeutung des Auswirkungsprinzips fur die Anwendung nationaler Rechtsordnungen auf internationale Sachverhalte dargestellt und eine Abgrenzung zu anderen Anknupfungskriterien vorgenommen. Im Hauptteil der Arbeit wird das umfangreiche US-amerikanische Fallmaterial im Hinblick auf die verwendeten Anknupfungsmethoden umfassend untersucht. Hierbei werden Kriterien zur Begrenzung des Auswirkungsprinzips herausgearbeitet, um die in der Vergangenheit immer wieder aufgetretenen Staatenkonflikte im Zusammenhang mit der extraterritorialen Anwendung nationaler Rechtsordnungen zu entscharfen.

The International Accounting Standards Board (IASB) and its International Financial Reporting Standards (IFRSs), have acquired a central position in the practice and regulation of financial reporting around the world. As a unique instance of a private-sector body setting standards with legal force in many jurisdictions, the IASB's rise to prominence has been accompanied by vivid political debates about its governance and accountability. Similarly, the IASB's often innovative attempts to change the face of financial reporting have made it the centre of numerous controversies. This book traces the history of the IASB from its foundation as successor to the International Accounting Standards Committee (IASC), and discusses its operation, changing membership and leadership, the development of its standards, and their reception in jurisdictions around the world. The book gives particular attention to the IASB's relationships with the European Union, the United States, and Japan, as well as to the impact of the financial crisis on the IASB's work. By its in-depth coverage of the history of the IASB, the book provides essential background information that will enrich the perspective of everyone who has to deal with IFRSs or the IASB at a technical or policy-making level.

Berichtspflichten sind mittlerweile ein gebrauchliches Informationsmittel des Bundestages und der Landerparlamente. Insbesondere die Bundesregierung wird durch Gesetz oder "schlichten" Parlamentsbeschluss zu Berichten aufgefordert. Aber auch andere Organe, wie der Wehrbeauftragte oder der Bundesrechnungshof, haben Berichtspflichten zu erfullen. - In der Praxis ist festzustellen, dass Berichtsgesetze und -beschlusse oftmals in Inhalt und Funktion identisch sind. Trotzdem weisen beide Handlungsformen erhebliche rechtliche Unterschiede hinsichtlich Verfahren, Verbindlichkeit und Grenzen auf, die hier untersucht werden.

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.

Part of the Oxford EU Financial Regulation Series, The EU Crowdfunding Regulation provides an in-depth and timely analysis of the EU Crowdfunding Regulation, which is intended to make it easier for crowdfunding platforms to operate throughout the EU, and which came into force on 10 November 2021. The book answers legal questions raised by the Regulation, and assesses its impact on legal practice, considering the position of the various types of crowdfunding. The analysis is divided into six parts. The first two parts describe how the Regulation came into being and the role of the Regulation in European capital markets, before defining and assessing the scope of the Regulation. Parts three to five explain how the Regulation applies to the three main players in crowdfunding: the crowdfunding service providers; the project owners; and the investors who form the 'crowd', examining the relevant applicable obligations and safeguards. The final part looks at managing, preventing, and resolving crowdfunding-related disputes. Providing a balance between academic scrutiny and practical context (including consideration of how the Regulation interacts with UK law after Brexit) and drawing upon various aspects of financial law, consumer law, and dispute prevention/resolution, this book is invaluable for legal practitioners and academics looking for a single resource to elucidate this rapidly expanding mode of financing.

Das Buch untersucht den Einfluss des Gesellschaftszwecks auf die Wirksamkeit der etablierten Glaubigerschutzinstrumente. Im Mittelpunkt stehen die GmbH und die Frage, welchen Einfluss die Verfolgung eines gemeinnutzigen Zwecks auf die Wirksamkeit des Glaubigerschutzsystems des GmbH-Rechts hat.

Following the recent financial crisis, regulators have been preoccupied with the concept of systemic risk in financial markets, believing that such risk could cause the markets that they oversee to implode. At the same time, they have demonstrated a certain inability to develop and implement comprehensive policies to address systemic risk. This inability is due not only to the indeterminacy inherent in the term 'systemic risk' but also to existing institutional structures which, because of their existing legal mandates, ultimately make it difficult to monitor and regulate systemic risk across an entire economic system. Bringing together leading figures in the field of financial regulation, this collection of essays explores the related concepts of systemic risk and institutional design of financial markets, responding to a number of questions: In terms of systemic risk, what precisely is the problem and what can be done about it? How should systemic risk be regulated? What should be the role of the central bank, banking authorities, and securities regulators? Should countries implement a macroprudential regulator? If not, how is macroprudential regulation to be addressed within their respective legislative schemes? What policy mechanisms can be employed when developing regulation relating to financial markets? A significant and timely examination of one of the most intractable challenges posed to financial regulation.

The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.

New investment techniques and new types of shareholder activists are shaking up the traditional ways of equity investment that informs much of our present-day corporate law and governance. Savvy investors such as hedge funds are using financial derivatives, securities lending transactions, and related concepts to decouple the financial risk from shares. This leads to a distortion of incentives and has potentially severe consequences for the functioning of corporate governance and of capital markets overall. Taking stock of the different decoupling strategies that have become known over the past several years, this book then provides an evaluation of each from a legal and an economic perspective. Based on several analytical frameworks, the author identifies the elements of equity deconstruction and demonstrates the consequences for shareholders, outside investors, and capital markets. On this basis, the book makes the case for regulatory intervention, based on three different pillars and comprising disclosure, voting right suspension, and ex-post litigation. The book concludes by developing a concrete, comprehensive proposal on how to address the regulatory problem. Overall, this book contributes to the debate about activist investment and the role of shareholders in corporate governance. At the same time it raises a number of important considerations about the role of equity investment more generally.

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 financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state-of-the-art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three Parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the major reoccurring objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability; market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation will be an invaluable resource for scholars and students of financial regulation, and for economists, policy-makers and regulators.

The euro area sovereign debt crisis has been the greatest threat to the euro since its inception, but the consequences of the crisis go well beyond the realm of macroeconomics: the crisis has cast doubt on the viability of a mechanism of integration such as the one envisaged in Economic and Monetary Union (EMU), and on the future of the European Union as a political project in the face of citizens' growing disaffection. The various responses to the crisis have not only altered the principles underlying EMU; they have also had a profound impact on the constitutional orders of the EU and its Member States. This book focuses on the euro area crisis and its aftermath from a constitutional perspective. It provides a critical analysis of the workings and evolution of Economic and Monetary Union, the changes brought by the crisis and their broader effects, and the constitutional obstacles to integration in this area. Looking forward, it tackles the uncertain future of economic and fiscal integration and the challenges posed. This is a compelling and incisive account of some of the most significant developments and dilemmas facing the European Union since its creation.

The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.

The long-awaited guide for modern hedge fund compliance program development Hedge Fund Compliance + Website provides straightforward, practical guidance toward developing a hedge fund compliance program, drawn from the author's experience training financial regulators, consulting with government entities, and analyzing hedge fund compliance structures across the globe. In-depth explanations of compliance principles are backed by illustrative case studies and examples. Highly in-demand templates of popular hedge fund compliance documentation provide actionable illustrations of key compliance policies. Designed to assist investors, fund managers, service providers, and compliance job seekers directly, this book describes the fundamental building blocks of the hedge fund compliance function. Compliance is one of the fastest growing areas in the hedge fund space. This reference book provides an essential foundation in modern hedge fund compliance, reflecting the recent changes of this dynamic field. * Design and run a hedge fund compliance program * Access templates of core compliance documentation and checklists * Discover how investors can evaluate and monitor compliance programs * Interviews with hedge fund compliance practitioners A steady stream of regulatory changes, combined with the enhanced enforcement efforts of regulators, ensure that hedge funds' compliance-related expenditures will continue to grow. While hedge fund compliance legislation continues to evolve globally, little practical guidance exists for those tasked with the boots-on-the-ground aspects of developing an actual compliance program to comply with best practices and regulatory guidance from leading hedge fund regulators including the US Securities and Exchange Commission, the National Futures Association, the Commodity Futures Trading Commission and the United Kingdom's Financial Conduct Authority. Hedge fund professionals and investors need a fundamental framework for establishing and evaluating an effective program, and when compliance is the issue, trial and error carries too much risk. Hedge Fund Compliance + Website provides clear guidance and practical tools to meet today's compliance professional needs.

This book is a leading authority on central banking and financial regulation, including detailed legal and policy analysis of the institutions that safeguard monetary stability and financial stability nationally, at the EU level and globally. The new edition has been renamed (previously 'Legal Foundations of International Monetary Stability') to better reflect the book's breadth of coverage, which includes an in-depth study of central banking, a fresh look at supervision, regulation and crisis management after the global financial crisis. It also includes updated material on the law of the European Central Bank and banking union, the law of the IMF and work undertaken by international standard-setters, in particular the FSB and the Basel Committee. Part I focuses on national developments, Part II deals with EU developments and Part III examines international developments. Each of these sections commences with a historical chapter, then analyses the framework of the 'monetary architecture'. Finally, each part considers the 'financial architecture' with regard to the functions of financial supervision (micro and macro) and surveillance, regulation and crisis management, including lender of last resort and resolution.

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 new book analyses the challenge of how money (including coins, notes, credit, and virtual currency) should be defined from both a legal and an economic perspective. As new electronic payment mechanisms proliferate, this question of definition is likely to become an important issue in global legal, commercial, economic, macro-prudential and fiscal policymaking. The book re-examines money in this context by identifying the role it plays in various transactions and to what extent, for example, cryptocurrencies and quasi-money are interchangeable with, analogous to, or different from traditional monetary systems. Beginning with a summary of the legal nature of money, the book explains the distinction between money and payment obligations, as well as providing an overview of the fundamental characteristics of money. It analyses how the law identifies money by pinpointing characteristics of particular transactions such as sale of goods transactions, including the position where the exchange of goods is for e-currency. Other situations or transactions examined include the recovery of stolen money, claims for non-delivery of money, and how obligations to pay operate. The book also considers the role of money in the banking system, exploring how various currencies can be used as claims on financial institutions, examining whether the systemic stability of the industry is threatened by non-traditional currency forms. Finally, the book addresses, and seeks to develop a conceptual framework for how alternative currencies might work in place of money as a medium for saving.