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Global Securities Litigation and Enforcement provides a clear and
exhaustive description of the national regime for the enforcement
of securities legislation in cases of misrepresentation on
financial markets. It covers 29 jurisdictions worldwide, some of
them are important although their law is not well known. It will be
an invaluable resource for academics and students of securities
litigation, as well as for lawyers, policy-makers and regulators.
The book also provides a comprehensive contribution debate on
whether public or private enforcement is preferable in terms of
development of securities markets. It will appeal to those
interested in the legal origins theory and in comparative
securities law, and shows that the classification of jurisdictions
within legal families does not explain the differences in legal
regimes. While US securities law often serves as a model for
international convergence, some of its elements, such as securities
class actions, have not been adopted worldwide.
In today's financial markets, investors no longer hold securities
physically. Instead, securities such as shares or bonds are mostly
held through intermediaries and transferred by way of book-entries
on securities accounts. However, there are remarkable conceptual
differences between the various jurisdictions with regard to the
legal treatment of intermediated securities. It is widely agreed
that this patchwork creates considerable legal risks, especially in
cross-border situations. Two initiatives are in place to reduce
these risks. In 2009, the UNIDROIT Convention on Substantive Rules
for Intermediated Securities (the 'Geneva Securities Convention')
was adopted, aimed at harmonisation on the international level. The
EU Commission is also running a legislative project, to achieve
harmonisation at the regional level. This book compares both
initiatives and analyses their impact on the securities laws of
selected European jurisdictions.
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