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Development Law And International Finance
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Book Synopsis International Development Law by : Rumu Sarkar
Download or read book International Development Law written by Rumu Sarkar and published by Oxford University Press. This book was released on 2009-10-29 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This theoretical and practical overview of the international legal architecture between developing countries and advanced nations is divided into two parts, the first providing a theoretical overview of the philosophical implications of international development law principles; the second deals with international financial architecture.
Book Synopsis Development Law and International Finance by : Rumu Sarkar
Download or read book Development Law and International Finance written by Rumu Sarkar and published by Springer. This book was released on 2002-06-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Development law has increasingly gained in importance for the international law practitioner in a world where unprecedented global interdependence has raised numerous legal and practice-oriented questions. Development Law and International Finance presents a comprehensive analytical framework for understanding development law issues from both a theoretical and practical viewpoint. The book analyzes this growing body of law in the context of the policy framework of 'Rule of Law' programs aimed at legal reform and structural legal change. The text also examines emerging constitutional and substantive principles of development law and the institutional framework in which it is unfolding. The author further discusses structural legal reform in the financial sector, and the extent to which private international transactions act as a catalyst for such legal reforms. In addition, the text critically reviews the changing role of capital markets. Finally, "Development Law and International Finance addresses the international human rights dimension of development and, in particular, the question of whether there is a human right to development. The book constitutes a valuable contribution to this emerging legal discipline and is essential reading for international legal practitioners, public international law experts, and policy makers involved in the development process. The author is the Assistant General Counsel for Administrative Affairs with the Overseas Private Investment Corporation, and an Adjunct Law Professor at the Georgetown University Law Center in Washington, D.C.
Book Synopsis International Financial Institutions and International Law by : Daniel D. Bradlow
Download or read book International Financial Institutions and International Law written by Daniel D. Bradlow and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors - whose work spans the academic, policy, and activist spectrum - suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.
Book Synopsis The World Bank Legal Review by : Hassane Cissé
Download or read book The World Bank Legal Review written by Hassane Cissé and published by World Bank Publications. This book was released on 2011-11-04 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.
Book Synopsis International Development Law by : Rumu Sarkar
Download or read book International Development Law written by Rumu Sarkar and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the Bright to development within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context. This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the authors professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.
Book Synopsis Liber Amicorum Ibrahim F.I. Shihata by : Sabine Schlemmer-Schulte
Download or read book Liber Amicorum Ibrahim F.I. Shihata written by Sabine Schlemmer-Schulte and published by BRILL. This book was released on 2021-10-25 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Liber Amicorum is dedicated to an exceptional lawyer who laid many foundations of international finance and development law - Ibrahim F.I. Shihata - in commemoration of his retirement from the World Bank after 15 years of service as Vice-President (later Senior Vice-President) and General Counsel, and Secretary-General of the International Centre for Settlement of Investment Disputes. Ibrahim F.I. Shihata's groundbreaking contributions to the theory and practice of international law arose out of his service in major international finance and development institutions. Among the positions he held prior to his service at the World Bank and ICSID were: Legal Adviser, Kuwait Fund for Arab Economic Development; Executive Director, International Fund for Agricultural Development; Director-General, OPEC Fund for International Development; and Chairman, International Development Law Institute. He shaped these institutions' legal architecture, and advanced these institutions' contribution to development. This Liber Amicorum brings together essays of incumbent or former general counsels or heads of the World Bank, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, the Islamic Development Bank, the Nordic Investment Bank, the International Fund for Agricultural Development, the OPEC Fund, the Arab Fund for Economic and Social Development, and other international finance and development institutions. Collectively with distinguished academics, jurists, and arbitrators in international tribunals, such as the International Court of Justice, World Trade Organization's Appellate Body, and the International Centre for Settlement of Investment Disputes, well-known practitioners and colleagues of Dr. Shihata at the World Bank's Legal Department, they write about current and emerging issues in international finance and development law. These include issues such as the various institutions' special development assistance profile, the settlement of international investment disputes, foreign investment law, legal and judicial reform, the environment, the rule of law, corruption, accountability of international financial institutions, etc., reflecting the broad spectrum of the part of law to the development of which Ibrahim Shihata contributed tremendously.
Book Synopsis Comparative Law of Security Interests and Title Finance by : Philip R. Wood
Download or read book Comparative Law of Security Interests and Title Finance written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 935 pages. Available in PDF, EPUB and Kindle. Book excerpt: W Green has brought together leading figures from both academia and domestic and international practice to write this book, which features a comprehensive commentary on the Arbitration (Scotland) Act 2010
Book Synopsis Transnational Business Law by : Rumu Sarkar
Download or read book Transnational Business Law written by Rumu Sarkar and published by . This book was released on 2003 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: In developing countries, because of economic development pressures that deeply pervade all aspects of enterprise, international business transactions give rise to crucial issues that practitioners cannot afford to ignore. In this new book Rumu Sarkar, whose Development Law and International Finance has quickly taken its place as the preeminent theoretical analysis of the new legal discipline of development law, at last gives busy lawyers engaged in international business as practical a text as they could desire. Transnational Business Law shows that the decisions and strategies of lawyers involved in the hectic daily routines of creating and executing cross-border transactions can serve the best interests not only of their businesses but of economic development as well. In essence, this is a classic international business transactions handbook, with the overarching dimension of development law added. It offers detailed principles for structuring transactions, negotiating the underlying finance and related documents, and navigating dispute resolution mechanisms. It provides annotated forms, negotiating exercises, hypothetical examples, and actual case summaries and analyses. It presents economic development issues as they arise in such areas of activity as the following: cross-border financing of goods and services, technology transfers, and intellectual capital; structuring cross-border transactions through private equity, corporate debt, and multilateral development bank financing; managing commercial risks; negotiating debt work-outs for non-performing loans; mitigating non-commercial risks through credit enhancement strategies such as obtaining political risk insurance; and contracting for arbitration or other dispute resolution methods. Important factors such as 'long-arm' U.S. law, international legal regulation of business conduct, and relevant underlying local law and local legal traditions are all brought to bear on the issues when appropriate. Transnational Business Law will be especially useful to practitioners in developing countries whose legal decisions in relation to cross-border transactions often involve critical economic and political ramifications. Through her detailed exploration of how international transactions unfold within the context of economic development, Professor Sarkar greatly enhances the growth of a commitment among the international business community to achieve mutually constructive ways to conduct business between developed and developing countries.
Book Synopsis The Law of International Financial Institutions by : Bradlow
Download or read book The Law of International Financial Institutions written by Bradlow and published by Oxford University Press. This book was released on 2023-09-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new volume in the Elements series, Daniel D. Bradlow traces the history and development of international law and international financial institutions from 1918 to today, providing a detailed overview of the legal frameworks within which such institutions were established and operate, and which structure their relationships with their member states and their citizens. The book opens with the inter-war years, the Bretton Woods Conference, and background on the treaties establishing the IMF and the World Bank. It then discusses the Articles of Agreement of the IMF and the IBRD, providing information on their governance arrangements, mandates, and operating principles. The international legal status of these two international financial institutions, their international legal rights, responsibilities and obligations, and their privileges and immunities are also examined. In later chapters, the book explores how the structure, functions, and operations of the World Bank and IMF have evolved since their establishment and examines the regional development banks and the regional financial arrangements that were created after them. The book concludes by exploring the challenges that international financial institutions are currently facing, and the contributions that international law can make to help them successfully meet these challenges.
Book Synopsis International Law in Financial Regulation and Monetary Affairs by : Thomas Cottier
Download or read book International Law in Financial Regulation and Monetary Affairs written by Thomas Cottier and published by Oxford University Press. This book was released on 2012-10-04 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.
Book Synopsis McKnight, Paterson, and Zakrzewski on the Law of International Finance by : Andrew McKnight
Download or read book McKnight, Paterson, and Zakrzewski on the Law of International Finance written by Andrew McKnight and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This acclaimed and comprehensive work analyses the legal issues involved in international finance transactions operating under English law. The second edition thoroughly updates the book to take account of major developments in regulation, practice, and case law since the first edition published in 2008. The most notable development in the intervening period has been the global financial crisis of 2008-9, whose effects have profoundly changed the nature of international finance, and the new edition has been updated by a team of expert editors and contributors to reflect the post-crisis legal framework of international transactions. The new edition covers the many significant changes to Bank Regulation which have occurred since 2008. Major developments in conflicts of laws and cross-border insolvency are addressed, including the consequences of the decision in Rubin v Eurofinance. This edition also takes account of major litigation in the sovereign debt field, significant developments in the loan markets, and recent challenges with the provision of legal opinions, including the increasing need to provide opinions in cross-border transactions. Developments in financing structures in the aftermath of the financial crisis are examined. Significant litigation in the derivatives field (partly as a response to the collapse of Lehman Brothers Holdings Inc.) and amendments proposed by the International Swaps and Derivatives Association are also addressed. There is also coverage of further work on secured transactions following the Law Commission's and the City of London Law Society's Working Party's proposals. Providing detailed transaction-led analysis of all aspects of international finance practice, this work is a must-have reference source for all practitioners and academics working in the field.
Book Synopsis International Insolvency and Finance Law by : Daniele D'Alvia
Download or read book International Insolvency and Finance Law written by Daniele D'Alvia and published by Routledge. This book was released on 2022-01-31 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.
Book Synopsis Rethinking Regulation of International Finance by : Uzma Ashraf Barton
Download or read book Rethinking Regulation of International Finance written by Uzma Ashraf Barton and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why have financial standards and institutions almost always failed to effectively predict and respond to real-world financial crises? The answer, this challenging book shows, is that international financial law suffers from a persistent lack of judicial or quasi-judicial enforcement mechanisms, leaving flaws in the structure of the international financial system that lead inevitably to excesses that threaten the public good of global financial stability. The author, an internationally renowned legal expert on financial and fiscal reforms, responds to the increasingly urgent call for rethinking the structure and the functioning of international financial law. Centering on the concept of enforcement – which continues to be an unresolved issue in the discipline of international financial law – the analysis describes the likely contours of hard-law regulatory reform. It weighs the pros and cons of much-talked-about regulatory and policy issues like the following and more: – policy implications from the transformation of finance from a domestic to an international concept; – new or revised supervisory and regulatory bodies with redefined mandate, jurisdictions and powers; – possibility of a treaty-based structure similar to the European Union’s integration framework; and – consolidation of crisis-prevention and crisis-management policies; The analysis takes into account instances from trade and monetary systems pertinent to the development of the discipline of international financial law. A concluding chapter explores possibilities for putting in place an asset-backed resilient financial system based on risk-sharing and empowered to legislate reform and authorized to seek compliance from its members. With its provision of unconventional alternatives for further development of international financial law to realize stable, predictable and robust international markets – including early-warning systems and fully primed crisis-prevention mechanisms – the book explores the essential link between global financial stability, effective regulation and institutional development that will engender realistic global policy solutions. It will prove to be of great importance to regulatory and legal practitioners as well as to academic and think-tank scholars.
Book Synopsis International Financial Law by : Robert S. Rendell
Download or read book International Financial Law written by Robert S. Rendell and published by . This book was released on 1983 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Practice of International Finance by : Philip R. Wood
Download or read book Law and Practice of International Finance written by Philip R. Wood and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Financial and Monetary Law by : Rosa María Lastra
Download or read book International Financial and Monetary Law written by Rosa María Lastra and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a leading authority on central banking and financial regulation, including detailed legal and policy analysis of the institutions that safeguard monetary stability and financial stability nationally, at the EU level and globally. The new edition has been renamed (previously 'Legal Foundations of International Monetary Stability') to better reflect the book's breadth of coverage, which includes an in-depth study of central banking, a fresh look at supervision, regulation and crisis management after the global financial crisis. It also includes updated material on the law of the European Central Bank and banking union, the law of the IMF and work undertaken by international standard-setters, in particular the FSB and the Basel Committee. Part I focuses on national developments, Part II deals with EU developments and Part III examines international developments. Each of these sections commences with a historical chapter, then analyses the framework of the 'monetary architecture'. Finally, each part considers the 'financial architecture' with regard to the functions of financial supervision (micro and macro) and surveillance, regulation and crisis management, including lender of last resort and resolution.
Book Synopsis Global Finance in the 21st Century by : Steve Kourabas
Download or read book Global Finance in the 21st Century written by Steve Kourabas and published by Routledge. This book was released on 2021-09-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Finance in the 21st Century: Stability and Sustainability in a Fragmenting World explains finance and its regulation after the global financial crisis. The book introduces non-finance scholars into the wider debate regarding the conduct and regulation of finance to encourage broader discussion on important societal issues that relate to finance. The book also explores the ineffectiveness of the current approach to global prudential governance and places this discussion within the more expansive context of global governance and nationalism in the twenty-first century. The book argues that fragmentation and the growing trend of promoting informality and voluntarism has facilitated a return to nationalism as a primary form of global governance that acts contrary to post-crisis reforms that seek to promote stability and sustainability in the conduct of finance. As a remedy, Kourabas suggests that we need more, not less, of what we have traditionally conceived as international law – treaties and treaty-based international organisations. In the field of finance, this means not only pursuing financial liberalisation through free trade and investment treaties, but also the inclusion of provisions in these treaties that promotes systemic financial stability and sustainable development objectives. Of interest to legal and non-legal academics and students, legal professionals and policy-makers, this book offers a nuanced defence of international law as an approach to global governance in finance and beyond, as well as reform of international law to meet the needs of twenty-first century society.
