Law and courts are often neglected in finance. The discipline is so permeated by economic analysis - the enforcement of its rules so based on regulatory authorities - that it often seems more natural to speak of financial regulation rather than financial law, de-emphasizing the role of courts. Authored by leading experts in commercial law, Finance, Law, and the Courts goes beyond this limited perspective. The book demonstrates that law and courts are essential in providing finance with the certainty it needs to operate, and the elasticity it needs to evolve. As explored in Part I of the book, these benefits result from law's status as an interpretative construct formed by rules and principles, a construct shaped by a need for consistency. When principles collide, courts are often called to solve "hard cases", and in doing so the Law of Finance evolves. Examining such hard cases, Parts II and III analyze courts' roles in influencing finance's key concepts and principles. For Public Law this includes the impact of sovereign immunity, separation of powers or individual rights on the justiciability of financial acts, central banks' mandates, and the interplay between regulatory concepts and fundamental rights. For Private Law, these include the foundations of liability for misstatements, the validity and interpretation of financial contracts, and creditor-creditor conflict. The book further explores the interplay between specialist and generalist courts and other bodies in Part IV, concluding with a case for limited specialization of finance justice in the EU. Offering a comprehensive legal treatment of finance's regulatory sources, this book is an unparalleled resource for law academics, practitioners, and policymakers seeking to better understand the complex financial cases that they may encounter.

Part of the Oxford EU Financial Regulation Series, this book analyses the harmonised legislative framework for capital adequacy and liquidity supervision in the Single Rule Book for European banks. It brings together leading experts in the field of prudential banking regulation and accounting to provide an in-depth analysis of the regulatory framework. Capital and Liquidity Requirements for EU Banks goes far beyond the existing rules and standards, not only by looking into the historical realisation of the European Single Rule Book (SRB) for capital adequacy and liquidity supervision, but also by going deeply into the background of the standards put forward by the Basel Committee for Banking Supervision, the global rule-maker for the financial sector. The insights provided into the historical and normative background are essential in order to facilitate a more constructive interpretation of the extensive rules of the SRB The book also delivers a deeper understanding of the various policy choices that Europe has made in the transposition of the Basel standards. An important reference source for all legal practitioners and scholars researching European financial regulation, this new volume provides an extensive representation of the key topics, affording the reader unique insights into the interrelation and the interplay of the various prudential rules and standards in Europe.