Enforcing International Financial Regulatory Reforms

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Enforcing International Financial Regulatory Reforms

Author : Bin Gu
Publisher :
ISBN 13 :
Total Pages : 35 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Enforcing International Financial Regulatory Reforms by : Bin Gu

Download or read book Enforcing International Financial Regulatory Reforms written by Bin Gu and published by . This book was released on 2017 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: International finance law keeps the tradition of “soft law” standards even after the 2008 financial crisis. This status quo derives from concerns over sovereignty and regulatory uncertainty. Although soft law has merits in pragmatic rule making and flexible rule implementation, soft law is not an efficient design for international financial regulation. The soft-law tradition led to difficulties in implementing G20-led international financial regulatory reforms against the 2008 financial crisis. Inconsistent implementation and potential regulatory arbitrage across borders have swamped all sectors of international financial regulatory reforms. The implementation problem tends to induce states to race to the bottom, making international financial regulatory reforms in vain, and even laying the ground for the next financial crisis. This article calls for keeping the right momentum of hardening international finance law along possible dimensions of obligation, stringency, delegation, and enforcement. This article proposes that a stronger institution of the Financial Stability Board (FSB) will help facilitate the reforms, and a credible dispute settlement mechanism is a necessary design for enforcement.

Rethinking Regulation of International Finance

Author : Uzma Ashraf Barton
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189181
Total Pages : 280 pages
Book Rating : 4.0/5 (411 download)

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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.

The Regulation of International Financial Markets

Author : Rainer Grote
Publisher : Cambridge University Press
ISBN 13 : 1139450344
Total Pages : 358 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Regulation of International Financial Markets by : Rainer Grote

Download or read book The Regulation of International Financial Markets written by Rainer Grote and published by Cambridge University Press. This book was released on 2006-02-16 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: International financial relations have become increasingly important for the development of global and national economies. At present these relations are primarily governed by market forces, with little regulatory interference at the international level. In the light of numerous financial crises, this abstinence must be seriously questioned. Starting with an analysis of the regulatory problems at the international level, with only minimal powers entrusted to international organisations, this book develops various possibilities for reform. On the basis of an historical analysis, the book first adopts a comparative approach to national attempts to regulate international financial markets, then outlines the potential of relevant institutions and finally develops a policy perspective. It seeks to provide a framework for analysing options for the regulation of international financial markets from a public international law and comparative law perspective.

Law & Financial Stability

Author : International Monetary Fund. Legal Dept.
Publisher : International Monetary Fund
ISBN 13 : 1513523007
Total Pages : 312 pages
Book Rating : 4.5/5 (135 download)

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Book Synopsis Law & Financial Stability by : International Monetary Fund. Legal Dept.

Download or read book Law & Financial Stability written by International Monetary Fund. Legal Dept. and published by International Monetary Fund. This book was released on 2020-01-21 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises a selection of papers prepared in connection with a high-level seminar on Law and Financial Stability held at the IMF in 2016. It examines, from a legal perspective, the progress made in implementing the financial regulatory reforms adopted since the global financial crisis and highlights the role of the IMF in advancing these reforms and charting the course for a future reform agenda, including the development of a coherent international policy framework for resolution and resolution planning. The book’s unique perspective on the role of the law in promoting financial stability comes from the contribution of selected experts and representatives from our membership who share their views on this subject.

International Law in Financial Regulation and Monetary Affairs

Author : Thomas Cottier
Publisher : OUP Oxford
ISBN 13 : 0191645214
Total Pages : 470 pages
Book Rating : 4.1/5 (916 download)

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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 OUP Oxford. This book was released on 2012-10-04 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The early twenty-first century has seen a conspicuous absence of formal international law concerning money and finance. This book argues that this lack of formal international regulation was a significant contributing factor to the global financial crisis that began in 2007. It focuses on this lack of global substantive principles and 'hard law' rules in the field of financial regulation and monetary affairs, and analyses the emerging framework within international law that aims to govern financial institutions and markets. The global financial crisis has demonstrated the essential need for financial and monetary regulatory reform, and for the establishment of appropriate mechanisms for the settlement of financial disputes and for the regulation of cross-border financial institutions. This book therefore presents the foundations of solutions that could fill these critical gaps in international financial law. It addresses cross-border issues, financial regulation, and provides detailed analyses of monetary policies and regulation. This book is an updated collection of papers first published in the Special Edition of the Journal of International Economic Law on 'The Quest for International Law in Financial Regulation and Monetary Affairs' (Volume 12, Number 3, September 2010), which also show that the regulatory hands-off approach was not replicated in other areas of international economic law. International trade regulation witnessed an increased number of international rules and the reinforcement of a rule-oriented, if not rule-based, approach. Judicial dispute settlement and retaliation, exclusively based upon international ruling and authorization, was reinforced. Given the importance of trade regulation and WTO law, which has an established institutional and legal framework, the book therefore provides a much-needed comparative approach.

The Role of Law and Regulation in Sustaining Financial Markets

Author : Niels Philipsen
Publisher : Routledge
ISBN 13 : 131775039X
Total Pages : 368 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis The Role of Law and Regulation in Sustaining Financial Markets by : Niels Philipsen

Download or read book The Role of Law and Regulation in Sustaining Financial Markets written by Niels Philipsen and published by Routledge. This book was released on 2014-11-13 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of law and regulation in sustaining financial markets in both developed and developing countries, particularly the European Union, United States and China. The central argument of this book is that law matters for the operation of financial markets, which, in turn, significantly influences the performance of firms, industries, and economies. The Role of Law and Regulation in Sustaining Financial Markets is divided into four parts. Part one addresses the connection between law, financial development, and economic growth. Part two deals with the role of financial regulation, which can be used to correct market failures, such as negative externalities, information asymmetries, and monopolies. Part three focuses on the design, functioning, and performance of different financial instruments. Part four examines the topic of Corporate Social Responsibility. This book contributes to the ‘law and finance’ literature by studying certain conventional issues, such as the relationship between finance and economic growth, and the effects of regulatory quality on financial development, from new perspectives and/or with new evidence, data, and cases. It also explores novel topics, such as project finance contracts, insurance and climate change, the shadow banking system, that have been overlooked in current literature. This book is meaningful not only for the EU and the US, which have suffered considerably from the financial crisis of 2008, but also for China, which is struggling to build a sound institutional infrastructure to govern its increasingly complicated financial system. By comparing the regulatory philosophies and practices of the EU, the US and China, this book will help the reader to understand the diverse nature of the global ‘law and finance’ nexus and avoid succumbing to the myth of "one size fits all".

Regulation and the Global Financial Crisis

Author : Daniel Cash
Publisher : Routledge
ISBN 13 : 0429578644
Total Pages : 264 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Regulation and the Global Financial Crisis by : Daniel Cash

Download or read book Regulation and the Global Financial Crisis written by Daniel Cash and published by Routledge. This book was released on 2020-11-24 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Financial Crisis was a cross-sector crisis that fundamentally affected modern society. Regulation, as a concept, was both blamed for allowing the crisis to happen, but also tasked with developing and implementing solutions in the wake of the crash. In this book, a number of specialists from a range of fields have contributed their insights into the effect of the Financial Crisis upon the regulatory frameworks affecting their fields, how regulators have responded to the Crisis, and then what this may mean for the future of regulation within those industries. These analyses are joined by a picture of past financial crises – which reveals interesting patterns – and then analyses of architectural regulatory models that were fundamentally affected by the Crisis. The book aims to allow sector specialists the freedom to share their insights so that, potentially, a broader picture can be identified. Providing an interesting and thought-provoking account of this societally impactful era, this book will help the reader develop a more informed understanding of the potential future of financial regulation. The book will be of value to researchers, students, advanced level students, regulators, and policymakers.

Prioritising the Implementation of International Financial Regulation

Author : John Armour
Publisher :
ISBN 13 : 9781849291408
Total Pages : 0 pages
Book Rating : 4.2/5 (914 download)

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Book Synopsis Prioritising the Implementation of International Financial Regulation by : John Armour

Download or read book Prioritising the Implementation of International Financial Regulation written by John Armour and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a risk-based framework for implementing international financial regulation within national economies, in particular in small states. It includes case studies to illustrate how the framework can be integrated with standard setting processes to improve outcomes for small states.

Financial Regulatory Reform

Author :
Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.:/5 (3 download)

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Book Synopsis Financial Regulatory Reform by :

Download or read book Financial Regulatory Reform written by and published by . This book was released on 2009 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report details the proposed reforms by the US Dept of Treasury to meet the following five key objectives: (1) Promote robust supervision and regulation of financial firms, (2) Establish comprehensive supervision of financial markets, (3) Protect consumers and investors from financial abuse, (4) Provide the government with the tools it needs to manage financial crises (5) Raise international regulatory standards and improve international cooperation.

Institutional Structure of Financial Regulation

Author : Robin Hui Huang
Publisher : Routledge
ISBN 13 : 131791063X
Total Pages : 284 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Institutional Structure of Financial Regulation by : Robin Hui Huang

Download or read book Institutional Structure of Financial Regulation written by Robin Hui Huang and published by Routledge. This book was released on 2014-06-20 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of on-going global financial crises, the institutional structure of financial regulation is currently a subject of significant academic and practical interest. The financial crisis has called into question the adequacy of financial regulation at the national and supranational levels, and has instigated financial regulatory reforms in major markets overseas. This has included the enactment of the Dodd-Frank Act in the US, and the programme to split the Financial Services Authority in the UK. This book examines the institutional structure reform of financial regulation from a comparative perspective, exploring both fundamental theories and international experiences. The book explores the three main institutional structures of financial regulation in the world; the sectors-based model, adopted in the US, Mainland China and Hong Kong; the twin-peaks model with Australia and the Netherlands as its pioneers; and the single-regulator model as represented by the former Financial Services Authority in the UK and the Financial Services Agency in Japan. The book contains contributions from renowned experts in the field of financial regulation including Douglas Arner, Jeffrey Carmichael, Robin Hui Huang, Dirk Schoenmaker, and Michael Taylor, and will be of interest to students and researchers of banking and finance law, and comparative economics.

Global Finance in Crisis

Author : Eric Helleiner
Publisher : Routledge
ISBN 13 : 1135157618
Total Pages : 296 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Global Finance in Crisis by : Eric Helleiner

Download or read book Global Finance in Crisis written by Eric Helleiner and published by Routledge. This book was released on 2010-01-21 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the vantage point of the key powers in global finance including the United States, the European Union, Japan, and China, this highly accessible book brings together leading scholars to examine current changes in international financial regulation. They assess whether the flurry of ambitious initiatives to improve and strengthen international financial regulation signals an important turning point in the regulation of global finance. The text: Examines the kinds of international reforms have been implemented to date and patterns of international regulatory change. Provides an analysis of change across a number of financial sectors, including the regulation of hedge funds, derivatives, credit rating agencies, accounting, and banks. Offers an explanation of contemporary regulatory developments with reference to inter-state power dynamics, domestic politics, transgovernmental networks, and/or transnational non-state forces. Providing the first systematic analysis of the international regulatory response to the current global financial crisis, this ground-breaking volume is vital reading for students and scholars of international political economy, international relations, global governance, finance and economics.

The Governance and Regulation of International Finance

Author : Fabrizio Cafaggi
Publisher : Edward Elgar Publishing
ISBN 13 : 0857939483
Total Pages : 220 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis The Governance and Regulation of International Finance by : Fabrizio Cafaggi

Download or read book The Governance and Regulation of International Finance written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2013 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThe publication of this book could hardly be more timely; it fills a gap in present-day discussion of the reasons for the recent ongoing financial crises, and who was responsible. The balance between the governance and regulation of the international finance market underpins how securely we proceed into the future. At a time when sovereign defaults dominate public discussion, this issue is of quintessential importance. The editors are to be congratulated for this important publication.Õ Ð Christoph Paulus, Humbolt University of Berlin, Germany This thought-provoking book adds a new perspective to the analysis of how regulation should respond to the global financial crisis of 2008Ð2009. It focuses on the ÔprivateÕ as opposed to ÔpublicÕ aspect of regulation, and highlights the works of the publicÐprivate dialectic in regulation and enforcement. The expert authors examine what is perhaps the single most important sector in which public and private regulation and enforcement intersect: the arena of banking and global finance. The detailed analysis of these particular areas of finance thus provides a means for investigating aspects of the important topic of private regulation and enforcement in financial markets. A number of pertinent questions are addressed, including: How does private regulation and enforcement enhance or detract from the legitimacy of the process by which these market segments are managed and controlled? How does private regulation and enforcement manifest independence of action and judgment, as compared with public regulation? How does private regulation and enforcement measure up along dimensions of quality, relative to public regulation? and, finally, What forms of accountability characterize private as opposed to public regulation and enforcement? Illustrating the works of the publicÐprivate dialectic in regulation and enforcement, this challenging book will prove a fascinating read for academics, scholars and practitioners with an interest in regulation and governance issues, and in financial and banking law.

The Changing Landscape of Global Financial Governance and the Role of Soft Law

Author : Friedl Weiss
Publisher : BRILL
ISBN 13 : 9004280324
Total Pages : 446 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Changing Landscape of Global Financial Governance and the Role of Soft Law by : Friedl Weiss

Download or read book The Changing Landscape of Global Financial Governance and the Role of Soft Law written by Friedl Weiss and published by BRILL. This book was released on 2015-05-26 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.

Financial Market Regulation and Reforms in Emerging Markets

Author : Masahiro Kawai
Publisher : Brookings Institution Press
ISBN 13 : 0815704895
Total Pages : 441 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Financial Market Regulation and Reforms in Emerging Markets by : Masahiro Kawai

Download or read book Financial Market Regulation and Reforms in Emerging Markets written by Masahiro Kawai and published by Brookings Institution Press. This book was released on 2011 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the wake of the global financial crisis that began in 2008, offers a systematic overview of recent developments in regulatory frameworks in advanced and emerging-market countries, outlining challenges to improving regulation, markets, and access in developing economies"--Provided by publisher.

The World Bank Legal Review

Author : Hassane Cissé
Publisher : World Bank Publications
ISBN 13 : 0821388649
Total Pages : 429 pages
Book Rating : 4.8/5 (213 download)

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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.

Reconceptualising Global Finance and its Regulation

Author : Ross P. Buckley
Publisher : Cambridge University Press
ISBN 13 : 1316462609
Total Pages : 467 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Reconceptualising Global Finance and its Regulation by : Ross P. Buckley

Download or read book Reconceptualising Global Finance and its Regulation written by Ross P. Buckley and published by Cambridge University Press. This book was released on 2016-03-11 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Global Financial Regulation

Author : Howard Davies
Publisher : John Wiley & Sons
ISBN 13 : 0745655882
Total Pages : 180 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Global Financial Regulation by : Howard Davies

Download or read book Global Financial Regulation written by Howard Davies and published by John Wiley & Sons. This book was released on 2013-05-08 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: As international financial markets have become more complex, so has the regulatory system which oversees them. The Basel Committee is just one of a plethora of international bodies and groupings which now set standards for financial activity around the world, in the interests of protecting savers and investors and maintaining financial stability. These groupings, and their decisions, have a major impact on markets in developed and developing countries, and on competition between financial firms. Yet their workings are shrouded in mystery, and their legitimacy is uncertain. Here, for the first time, two men who have worked within the system describe its origins and development in clear and accessible terms. Howard Davies was the first Chairman of the UK's Financial Services Authority, the single regulator for the whole of Britain's financial sector. David Green was Head of International Policy at the FSA, after spending thirty years in the Bank of England, and has been closely associated with the development of the current European regulatory arrangements. Now with a revised and updated introduction, which catalogues the changes made since the credit crisis erupted, this guide to the international system will be invaluable for regulators, financial market practitioners and for students of the global financial system, wherever they are located. The book shows how the system has been challenged by new financial instruments and by new types of institutions such as hedge funds and private equity. Furthermore, the growth in importance of major developing countries, who were excluded for far too long from the key decision-making for a has led to a major overhaul. The guide is essential reading for all those interested in the development of financial markets and the way they are regulated. The revised version is only available in paperback.