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Derivatives trading is now the world's biggest business, with an
estimated daily turnover of over US$2.5 trillion and an annual
growth rate of around 14 per cent. Derivatives markets have ancient
origins, and a long and complex history of trading and regulation.
This work examines the history of derivative contracts, their
assignability and the regulation of derivatives markets from
ancient Mesopotamia to the present day. The author concludes with
an analysis of future regulatory prospects and of the implications
of the historical data for derivatives trade and regulation.
With the collapse of Barings, the expulsion of Dalwa Bank from the
US, and the bankruptcy of Orange County California, derivatives are
increasingly intruding into the public consciousness. Key issues
are whether derivatives are sufficiently understood and how they
can be effectively regulated. These are increasingly acute because,
as recent statistics show, derivatives, with a turnover of more
than $2 trillion a day, constitute the world's biggest business
activity. For lawyers, regulators and compliance officers operating
in the international market, it is increasingly important to have a
firm grasp of where derivatives fit in the financial services
spectrum and how they are regulated in major market centres. This
book provides critical information on these issues. It draws on a
broad spectrum of legal regulatory, tax, and clearing and exchange
trading expertise from both sides of the Atlantic. Consequently, it
provides a resource for the views of leading experts from a variety
of disciplines. It includes chapters by the market counsel of one
of the world's leading exchanges, a managing director of one of the
world's most important clearing houses, and the former chief
derivatives regulator of the US, in addition to legal analysis and
explication of a number of important derivatives issues by UK and
US legal experts. Along with Swan's previous volume, "Derivative
Instruments", it should help newcomers learn about derivative
instruments and help experienced practitioners expand their
understanding of the key issues involved.
Market Abuse Regulation is a wide-ranging and insightful analysis
of the market abuse regime and the applications of the regulations
in the UK and European Union. It provides detailed discussion of
the implementation and interpretation of the regulation, the
conduct of investigations, the defences and appeals available
against a finding of market abuse, and overlapping United States
regulation. The new edition explains and evaluates the changes
introduced by the Markets in Financial Instruments Directive , the
Market Abuse Directive, the Market Abuse Regulation, and the
implementation of the Regulation on Wholesale Market Integrity and
Transparency, which have resulted in dramatic expansion of the
coverage of EU market abuse regulation. It addresses the regulation
of additional financial instruments, the expansion to include new
markets and trading facilities, and changes to the coverage of
commodity derivatives and physical commodities. It discusses the
dramatic changes to the format of regulation as a result of the
restructuring of UK regulators; as well as the addition of new EU
supervisory bodies with revised powers over national regulation
within the EU. Beyond the EU, it discusses international protocols
and treaties which have also added to the regulatory structure.
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