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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > General
A team of scholars with backgrounds in criminology, sociology,
economics, business, government regulation, and law examine the
historical, social, and cultural causes of the 2008 economic
crisis. Essays probe the workings of the toxic subprime loan
industry, the role of external auditors, the consequences of Wall
Street deregulation, the manipulations of alpha hedge fund
managers, and the "Ponzi-like" culture of contemporary capitalism.
They unravel modern finance's complex schematics and highlight
their susceptibility to corruption, fraud, and outright
racketeering. They examine the involvement of enablers, including
accountants, lawyers, credit rating agencies, and regulatory
workers, who failed to protect the public interest and enforce
existing checks and balances. While the United States was "ground
zero" of the meltdown, the financial crimes of other countries
intensified the disaster. Internationally-focused essays consider
bad practices in China and the European property markets and draw
attention to the far-reaching consequences of transnational money
laundering and tax evasion schemes. By approaching the 2008 crisis
from the perspective of white collar criminology, contributors
build a more general understanding of the collapse and crystallize
the multiple human and institutional factors preventing capture of
even the worst offenders.
Der anhaltende Strukturwandel in der Landwirtschaft hat
insbesondere in dem vergangenen Jahrzehnt zu einer VerAnderung des
agrarpolitischen Leitbildes gefA1/4hrt. Der bAuerliche
Familienbetrieb wird unter betriebswirtschaftlichen Gesichtspunkten
seine Bedeutung zunehmend verlieren. Dagegen wird das leistungs-
und wettbewerbsfAhige Unternehmen im lAndlichen Raum in den
Mittelpunkt der zukA1/4nftigen Agrarpolitik von Nationalstaaten und
EuropAischer Gemeinschaft treten. Diese Entwicklung wird durch die
haushaltspolitischen ZwAnge sowie den handelspolitischen Druck im
Rahmen der WTO noch verstArkt. Vor diesem Hintergrund
A1/4berprA1/4ft der Autor, ob das nach wie vor zur Anwendung
kommende Agrarsonderrecht obsolet geworden oder aufgrund seiner
Aoebereinstimmung mit dem fA1/4r die Unternehmen der A1/4brigen
Wirtschaftsbereiche geltenden Recht durch diese zu ersetzen ist.
States' efforts to reform the international investment regime have
triggered an arbitral backlash. In response to shortcomings of
earlier investment agreements, states concluded a new generation of
investment treaties that actively balances investment protection
obligations with host country policy space. These new-generation
agreements are more comprehensive, more precise, and include novel
features such as general public policy exceptions. This book
reviews the first set of awards rendered under those agreements and
finds that new treaties have produced old interpretive outcomes in
investment arbitration, and undermine state-driven investment
reforms. Adopting a systemic, evidence-based, and interdisciplinary
perspective, the book leverages new data that comprehensively
reflects regime dynamics, employs state-of-the-art technology
including legal data science to treat the text of more than 3000
investment agreements as data, and draws from a range of
theoretical frameworks spanning from law and economics to
complexity science. The result is a new and authoritative empirical
account of the evolution and current state of the international
investment regime.
Effectively implement comprehensive anti-money laundering
regulations Handbook of Anti-Money Laundering details the most
up-to-date regulations and provides practical guidance toward
implementation. While most books focus on the regulations
themselves, this useful guide goes further by explaining their
meaning to bank operations, and how the rules apply to real-life
scenarios. The international perspective provides a broader
understanding of the anti-money laundering controls that are in
place worldwide, with certain country-specific details discussed
in-depth. Coverage includes the Wolfsberg Principles, Financial
Action Task Force guidance, the U.S. Patriot Act, and the latest
from both the EU and Bank for International Settlements. The IMF
estimates that two to five per cent of the global GDP $590 billion
to $1.5 trillion is laundered every year. Globally, banks and other
financial institutions have been required to put in place specific
arrangements to prevent and detect money laundering and the
criminal activity that underlies it. This book provides the latest
regulations and guidance toward application. * Understand what
money laundering regulations mean in practice * Reference
international and country-specific rules and regulations * Get up
to speed on the most current regulations and practices * Implement
the most effective anti-money laundering measures In response to
the increased monitoring and regulation, money launderers have
become more sophisticated at disguising the source of their funds.
Financial institutions' employees must be ever more aware of what
they're facing, and how to deal with it, making actionable guidance
a critical companion to any regulatory information. For financial
institutions seeking more thorough understanding and practical
advice, the Handbook of Anti-Money Laundering is a comprehensive
guide.
RA und Notar Peter Leonhardt, Berlin; Prof. Dr. Stefan Smid, Kiel;
RA Prof. Dr. Mark Zeuner (Hrsg.), Hamburg; RA Katrin Amberger,
Berlin. Mit der Aufhebung oder Einstellung des Insolvenzverfahrens
endet die Tatigkeit des Insolvenzverwalters, der dann seine
Vergutung als Verfahrenskosten nach Massgabe der
Insolvenzrechtlichen Vergutungsverordnung (InsVV) geltend machen
kann. Die Vergutung wird nach sog. "Regelsatzen" gewahrt, die sich
nach dem Wert der Insolvenzmasse zur Zeit der Beendigung des
Insolvenzverfahrens berechnet. Mittlerweile ist die Bedeutung der
InsVV auch abseits der spektakularen Falle ("Funf Millionen Euro
fur zehnwochige Tatigkeit " - "50 Millionen fur
Kaufhaus-Insolvenzverwalter ") weiter gestiegen, da es um die
angemessene Vergutung der Verwalter geht und entsprechend hart
"gekampft" wird. Der Kommentar erlautert die InsVV praxisorientiert
unter Berucksichtigung der neuesten Rechtsprechung und Literatur.
Lex Petrolea and International Investment Law: Law and Practice in
the Persian Gulf offers readers a detailed analysis of
jurisprudence on the settlement of upstream petroleum disputes
between host states in the Persian Gulf and foreign investors. Dr
Nima Mersadi Tabari considers the historical, political, and
socio-economic roots of the existing frameworks and levels of
protection offered to foreign investors. With particular focus on
petroleum-related disputes, he initially delivers a comprehensive
survey of the jurisprudence of international investment law and
investment treaty arbitration. Following on from this, in three
dedicated chapters, the author provides in-depth analysis of the
legal regimes governing the matter in the major producers of the
region: Saudi Arabia, Iraq, and Iran. A key resource for all
professionals working on legal issues arising from foreign direct
investments in natural resources, this book draws a detailed
picture of the legal regime governing the upstream sector in the
most important geographical region for the international oil and
gas sector.
This book is the first to draw together the numerous different
regulations which affect how commodities are traded in the EU.
Having long been a largely deregulated industry, intense scrutiny
in the aftermath of the global financial crisis has left
commodities trading subject to a raft of harmonized regulations,
many of which have yet to be finalized. Regulation of both the
physical and the financial commodities markets is undergoing
significant change and participants and their advisors are
struggling to understand the changes in each jurisdiction as well
as the cross-border implications. The book pulls together these
various pieces of EU legislation and examines how they influence
the way that commodities are traded in Europe. It also provides
coverage of regulation at domestic level in key jurisdictions
active in the marketplace, namely the UK, USA, Switzerland, and
Singapore. Divided into eight sections, the book includes analysis
of the commodities trading houses (including their motives and
methods), the main trading venues, trading practices, and potential
illicit practices and market abuses. Each section has a detailed
transnational component in which the position in each specific
jurisdiction is explained, drawing parallels and setting out the
differences between these countries. This extremely topical
publication is an essential reference work for all those advising
on or researching the increasingly complex and globalized field of
commodities trading.
Mirroring the long-established structure of the financial industry,
EU financial regulation as we know it today approaches banking,
insurance and investment services separately and often divergently.
In recent decades however, the clear separation between financial
sectors has gradually evaporated, as business lines have converged
across sectors and FinTech solutions have emerged which do not fit
traditional sector boundaries. As the contours of the traditional
tripartition in the financial industry have faded, the diverging
regulatory and supervisory treatment of these sectors has become
increasingly at odds with economic reality. This book brings
together insights developed by distinguished researchers and
industry professionals in a series of articles analysing the main
areas of EU financial regulation from a cross-sectoral perspective.
For each specific research theme - including prudential regulation,
corporate governance and conduct of business rules - the
similarities, as well as gaps, overlaps and unjustifiable
differences between banking, securities and insurance regulation,
are clearly presented and discussed. This innovative research
approach is aimed at informing lawmakers and policymakers on
potential improvements to EU financial regulation whilst also
supporting legal and compliance professionals applying the current
framework or looking to streamline compliance processes.
The spate of mis-selling episodes that have plagued the financial
services industries in recent years has caused widespread detriment
to investors. Notwithstanding numerous regulatory interventions,
curtailing the incidence of poor investment advice remains a
challenge for regulators, particularly because these measures are
taken in a 'fire-fighting' fashion without adequate consideration
being given to the root causes of mis-selling. Against this
backdrop, this book focuses on the sale of complex investment
products to corporate retail investors by drawing upon the
widespread mis-selling of interest rate hedging products (IRHP) in
the UK and beyond. It brings to the fore the relatively
understudied field concerning the different degrees of investor
protection mechanisms applicable to individual retail investors -
as opposed to corporate retail investors - by taking stock of past
regulatory reforms and forthcoming regulatory initiatives as well
as, more importantly, the conclusions reached by the judiciary in
IRHP mis-selling claims. The conclusions are particularly
interesting: corporate retail investors are in a vulnerable
position when compared to individual retail investors. The former
are exposed to a heightened risk of mis-selling, meaning that
regulatory intervention should be targeted accordingly. The
recommendations made as a result of these findings are further
supported by insights emerging from behavioural law and economic
theories. This book is aimed at researchers, lawyers and students
with an interest in the financial regulation field who are keen to
explore potential regulatory reforms to the investment services
regime that address the root causes of mis-selling, and restore a
level playing field amongst all retail investors.
The climate surrounding foreign investment law is one of
controversy and change, and with implications for human rights and
environmental protection, foreign investment law has gained
widespread public attention and visibility. This fully updated
edition of Sornarajah's classic text offers thought-provoking
analysis of the law in historical, political and economic contexts,
capturing leading trends and charting the possible course of future
developments. It takes into account the newer types of treaties
that establish a regulatory space for states and moves away from
inflexible investment protection, exploring the newly created
defences relating to environment, human rights, indigenous rights
and other areas ending the fragmentation of the law. It looks at
the current debates on legitimacy of the system and current efforts
at reform. Suitable for postgraduate and undergraduate students,
The International Law on Foreign Investment is essential reading
for anyone specialising in the law of foreign investments.
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