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The last decade has seen the increasing integration of European
financial markets due to a number of factors including the creation
of a common regulatory framework, the liberalisation of
international capital movements, financial deregulation, advances
in technology and the introduction of the Euro. However, the
process of integration has proceeded largely in the absence of any
comprehensive legal regulation, and has rather been constructed on
the basis of sectorial provisions dictated by the needs of
cross-border transactions. This has meant that many legal barriers
still remain as obstacles to complete integration. This book
considers the discipline of monetary obligations within the wider
context of financial markets. The book provides a comparative and
transnational examination of the legal rules which form the basis
of transactions on financial markets. Analysing the integration of
the markets from a legal point of view provides an opportunity to
highlight the role of globalisation as the key element favouring
the circulation of rules, models, and especially the development of
new regulatory sources. The book examines market transactions and
the institutes at the root of these transactions, including the
type of legislative sources in force and the subjects acting as
legislators. The first part of the book concentrates on the
micro-discipline of money, debts, payments and financial
instruments. The second part goes on to analyse the macro-context
of integration of the markets, looking at the persistence of legal
barriers and options for their removal, as well as the development
of new legal sources as a consequence of the transfer of monetary
and political sovereignty. Finally, the book draws links between
the two parts and assesses the consequences of the changes at the
macro-level of regulation on the micro-level of legal discipline of
monetary obligations, particularly focusing on the emergence and
growing importance of soft law.
The last decade has seen the increasing integration of European
financial markets due to a number of factors including the creation
of a common regulatory framework, the liberalisation of
international capital movements, financial deregulation, advances
in technology and the introduction of the Euro. However, the
process of integration has proceeded largely in the absence of any
comprehensive legal regulation, and has rather been constructed on
the basis of sectorial provisions dictated by the needs of
cross-border transactions. This has meant that many legal barriers
still remain as obstacles to complete integration. This book
considers the discipline of monetary obligations within the wider
context of financial markets. The book provides a comparative and
transnational examination of the legal rules which form the basis
of transactions on financial markets. Analysing the integration of
the markets from a legal point of view provides an opportunity to
highlight the role of globalisation as the key element favouring
the circulation of rules, models, and especially the development of
new regulatory sources. The book examines market transactions and
the institutes at the root of these transactions, including the
type of legislative sources in force and the subjects acting as
legislators. The first part of the book concentrates on the
micro-discipline of money, debts, payments and financial
instruments. The second part goes on to analyse the macro-context
of integration of the markets, looking at the persistence of legal
barriers and options for their removal, as well as the development
of new legal sources as a consequence of the transfer of monetary
and political sovereignty. Finally, the book draws links between
the two parts and assesses the consequences of the changes at the
macro-level of regulation on the micro-level of legal discipline of
monetary obligations, particularly focusing on the emergence and
growing importance of soft law.
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