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'History has a way of repeating itself in financial matters because
of a kind of sophisticated stupidity,' John Kenneth Galbraith once
wrote. In this superb new book, Ross Buckley suggests that the
stupidity identified by Galbraith can be traced to the persistence
of an inadequate legal system for the regulation of international
finance − a system rooted in the failure of economists and
investors to take the legal demands of real-world finance
seriously. Everywhere, trade is glorified while finance tends to be
taken for granted. Yet financial flows far exceed trade flows, by a
factor of over sixty to one; international financial transactions
represent a far greater proportion of the practice of most major
law firms than do trade transactions; and international finance,
when it goes wrong, brings appalling suffering to the poorest
citizens of poor countries. In a powerful demonstration of how we
can learn from history, Professor Buckley provides deep analyses of
some of the devastating financial crises of the last
quarter-century. He shows how such factors as the origins and
destinations of loans, bank behaviour, bad timing, ignorance of
history, trade regimes, capital flight, and corruption coalesce
under certain circumstances to trigger a financial crash. He then
offers well-thought out legal measures to regulate these factors in
a way that can prevent the worst from happening and more adequately
protect the interests of vulnerable parties and victims. In the
course of the discussion he covers such topics as the following:A*
the roles of the Bretton Woods institutions in the globalisation
process;A* global capital flows;A* debtor nation policies;A* the
effects of the Brady restructurings of the 80s and 90s;A* fixed
versus floating exchange rates;A* the social costs of IMF
policies;A* debt-for-development exchanges; andA* the national
balance sheet problem.Professor Buckley's far-reaching
recommendations include details of tax, regulatory, banking, and
bankruptcy regimes to be instituted at a global level.As a general
introduction to the international financial system and its
regulation; as a powerful critique of the current system's
imperfections; and most of all as a viable overarching scheme for
an international finance law framework soundly based on what
history has taught us, International Financial System: Policy and
Regulation shows the way to amending a system that repeatedly
sacrifices the lives of thousands and compromises the future of
millions.
In this comprehensive, accessible work, Ross P. Buckley, Douglas W.
Arner, and Dirk A. Zetzsche offer an ideal reference for anyone
seeking to understand the technological transformation of finance
and the role of regulation: the world of FinTech. They consider
FinTech technologies including artificial intelligence, blockchain,
BigData, cloud computing, cryptocurrencies, central bank digital
currencies, and distributed ledger technology, and provide a unique
perspective on FinTech as an interactive system involving finance,
technology, law, and regulation. Starting with an evolutionary
perspective, the authors then consider the major technologies
transforming finance, arguing for approaches to balance the risks
and challenges of innovation. They address the central role of
infrastructure in digital financial transformation, highlighting
lessons from China, India, and the EU, as well as the impact of
pandemics and other sustainability crises, while considering the
risks generated by FinTech. They conclude by offering
forward-looking regulatory strategies to address the challenges
facing our world today.
Among the specific issues researched and analysed here are:
- the U.S.-led return to a unilateralist and interventionist
approach to global problems;
- the importance of the rules-based WTO system to developing
nations as a crucial alternative to power politics;
- the failure to achieve enhanced access to developed world markets
for agricultural products, textiles, clothing, and footwear;
- the relevance of GATS and TRIPS to the developing world;
- internal WTO governance issues, including the important role of
the Secretariat as negotiator and mediator;
- the implementation phase of the dispute settlement understanding;
- the continuing resistance to linking trade and environment;
- the place of human rights in the international trading system;
and
- the likely impact of the double scourge of AIDS and terrorism on
flows of trade, capital, people, and knowledge.
The emerging markets have attained prominence of late as the recent
troubles in the principal emerging markets in Asia, Russia and
Latin America have threatened global stability. This book is the
first detailed study of emerging markets debt and offers a unique
insight into one of the world's more significant, and less
understood, financial markets. It offers a comprehensive analysis
of the evolution of the market in emerging markets debt from 1983
to date. In the aftermath of the debt crisis of the 1980s the
banking community discovered the first disposal technique for the
sovereign debt of less developed countries -- a secondary market in
that debt. This market played a major role in the history and
amelioration of the debt crisis, the Mexican problems in the
mid-1990s, and the recent Asian economic crisis. The market focus
of this study is on the indebtedness of Latin American nations,
which has fanned the backbone of secondary market activity, and the
recent developments in Asia. The regulatory focus is on U.S. banks
and banking regulation. This book is essential reading for anyone
involved with emerging markets debt: bankers, traders, investors,
corporate and sovereign issuers, finance lawyers and banking
regulators.
This book analyzes recent developments and likely future paths for
trade and financial integration in East Asia. It suggests a more
coherent, balanced way forward for regional economic integration
and analyses implications for institution building in East Asia.
East Asia has achieved a high degree of intra-regional trade,
investment and GDP correlation, through an expanding web of free
trade agreements and production networks. However, financially,
most regional economies are linked more closely to North America
and Europe than to each other. As trade integration has
accelerated, financial and monetary integration has not kept pace.
East Asian Economic Integration analyzes potential reasons and
remedies for this phenomenon through a multidisciplinary framework
of law, politics and economics. This comprehensive book will appeal
to researchers and students in political science, international
relations, trade law, international finance law, and regional
studies generally. It will also be of great interest to regional
policy makers. Contributors include: H. Gao, P. Lejot, C.L. Lim, B.
Mercurio, M. Mushkat, R. Mushkat, J. Nakagawa, C.-Y. Park, I. Sohn,
L. Toohey, N. Vu, T.H. Yen
In this comprehensive, accessible work, Ross P. Buckley, Douglas W.
Arner, and Dirk A. Zetzsche offer an ideal reference for anyone
seeking to understand the technological transformation of finance
and the role of regulation: the world of FinTech. They consider
FinTech technologies including artificial intelligence, blockchain,
BigData, cloud computing, cryptocurrencies, central bank digital
currencies, and distributed ledger technology, and provide a unique
perspective on FinTech as an interactive system involving finance,
technology, law, and regulation. Starting with an evolutionary
perspective, the authors then consider the major technologies
transforming finance, arguing for approaches to balance the risks
and challenges of innovation. They address the central role of
infrastructure in digital financial transformation, highlighting
lessons from China, India, and the EU, as well as the impact of
pandemics and other sustainability crises, while considering the
risks generated by FinTech. They conclude by offering
forward-looking regulatory strategies to address the challenges
facing our world today.
Debt-for-development exchanges are an important financing tool for
development. They make debt relief more politically and practically
attractive to donor countries, and serve the development of
recipient countries through the cancellation of external debt and
the funding of important development projects. This book commences
by chronicling the emergence of debt-for-development exchanges from
their forebears, debt-equity exchanges, and analyzes why debt for
development suffers from very few of the problems that plagued debt
equity. The book analyzes the different types of
debt-for-development exchanges and the different ways they have
been used by all donor nations that have made use of them. The book
then explores a range of critical perspectives on exchanges and
concludes by considering a wide range of new and innovative uses
for the funds generated by exchanges.
The current global financial system may not withstand the next
global financial crisis. In order to promote the resilience and
stability of our global financial system against future shocks and
crises, a fundamental reconceptualisation of financial regulation
is necessary. This reconceptualisation must begin with a deep
understanding of how today's financial markets, regulatory
initiatives and laws operate and interact at the global level. This
book undertakes a comprehensive analysis of such diverse areas as
regulation of financial stability, modes of supply of financial
services, market infrastructure, fractional reserve banking, modes
of production of global regulatory standards and the pressing need
to reform financial sector ethics and culture. Based on this
analysis, Reconceptualising Global Finance and its Regulation
proposes realistic reform initiatives, which will be of primary
interest to regulatory and banking legal practitioners, policy
makers, scholars, research students and think tanks.
The current global financial system may not withstand the next
global financial crisis. In order to promote the resilience and
stability of our global financial system against future shocks and
crises, a fundamental reconceptualisation of financial regulation
is necessary. This reconceptualisation must begin with a deep
understanding of how today's financial markets, regulatory
initiatives and laws operate and interact at the global level. This
book undertakes a comprehensive analysis of such diverse areas as
regulation of financial stability, modes of supply of financial
services, market infrastructure, fractional reserve banking, modes
of production of global regulatory standards and the pressing need
to reform financial sector ethics and culture. Based on this
analysis, Reconceptualising Global Finance and its Regulation
proposes realistic reform initiatives, which will be of primary
interest to regulatory and banking legal practitioners, policy
makers, scholars, research students and think tanks.
Debt-for-development exchanges are an important financing tool for
development. They make debt relief more politically and practically
attractive to donor countries, and serve the development of
recipient countries through the cancellation of external debt and
the funding of important development projects. This book commences
by chronicling the emergence of debt-for-development exchanges from
their forebears, debt-equity exchanges, and analyzes why debt for
development suffers from very few of the problems that plagued debt
equity. The book analyzes the different types of
debt-for-development exchanges and the different ways they have
been used by all donor nations that have made use of them. The book
then explores a range of critical perspectives on exchanges and
concludes by considering a wide range of new and innovative uses
for the funds generated by exchanges.
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