Secured Transactions Reform and Access to Credit

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848444923
Total Pages : 295 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Secured Transactions Reform and Access to Credit by : Frederique Dahan

Download or read book Secured Transactions Reform and Access to Credit written by Frederique Dahan and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is unique. . . It brings together articles on the economics and the law of property rights, and combines these with case studies, observations of what works and what does not, and a checklist of things to watch for. . . This is a very useful book that should appeal to reformers working in the field, whether they are governmental officials trying to modernize their economies, or economists and lawyers working in developmental agencies. . . There are few other books or publications that bring together the views of experts working in this important, albeit somewhat neglected, are of financial sector plumbing. William P. Armstrong, Banking and Finance Law Review . . . a well-presented collection of interesting papers within which one finds a rich resource of information and perspectives on secured transactions reform from parts of the world which are often overlooked in comparative commercial law scholarship. Noel McGrath, Journal of Business Law . . . with its insightful analysis, interesting empirical studies and knowledgeable team of contributors, the book will be illuminating and useful not just for those interested in development, but also anyone who has anything to do with granting credit and taking security. Dora S. Neo, Singapore Journal of Legal Studies This is an excellent, unique book. The material is very well written and presented in a carefully thought-out, coherent way. It tells us a legal story of our own, unique time. Any lawyer working in transition economies, whether or not directly on reform projects, would find it of great interest. Even economists should perhaps take a look at it! Roger McCormick, Law and Financial Markets Review Secured transactions reform, also known as collateral or pledge law reform, is increasingly seen as an important building block for economic development. The commonly held view is that the availability and cost of credit, as well as the efficiency of the market for secured credit, are directly influenced by the laws affecting secured transactions and their implementation. However, there is still a lot of confusion about this relatively complex and technical area of the law and its role in promoting access to credit and economic growth. The chapters presented here provide, for the first time, a comprehensive and cutting-edge view of the subject from both a legal and economic perspective. They start at the macro level of financial systems, moving towards the behaviours of lenders (commercial banks and micro-lenders), policy options for government and the mechanisms of collateral law reform. By approaching the subject from different angles and experiences, the work advocates an inclusive approach to the subject where all stakeholders interests can be taken into account. It addresses the question of what role laws and institutions can play to encourage access to credit. This book will be of primary interest to those involved in economic development and the interaction between law and economics, either for practical reasons (for example, working on reform or providing advice on investment in transition economies) or for research purposes.

Reforming Collateral Laws to Expand Access to Finance

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Author :
Publisher : World Bank Publications
ISBN 13 : 082136491X
Total Pages : 120 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Reforming Collateral Laws to Expand Access to Finance by : Heywood W. Fleisig

Download or read book Reforming Collateral Laws to Expand Access to Finance written by Heywood W. Fleisig and published by World Bank Publications. This book was released on 2006 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most readers, especially those with car loans or home mortgages, know about "collateral"--property that the lender can take away from the borrower in the event that the borrower defaults. In low/middle income countries, it is understood that conservative lenders exclude firms from credit markets with their excessive collateral requirements. Usually, this is because only some property is acceptable as collateral: large holdings of urban real estate and, sometimes, new motor vehicles. Microenterprises, SMEs, and the poor have little of this property but they do have an array of productive assets that could easily be harnessed to serve as collateral. It is only the legal framework which prevents firms from using these assets to secure loans. In countries with reformed laws governing collateral, property such as equipment, inventory, accounts receivable, livestock are considered excellent collateral. This book aims to better equip project managers to implement reforms to the legal and institutional framework for collateral (secured transactions). It discusses the importance of movable property as a source of collateral for firms, the relationship between the legal framework governing movable assets and the financial sector consequences for firms (better loan terms, increased access, more competitive financial sector), and how reforms can be put in place to change the lending environment.

Secured Transactions Law Reform

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509903127
Total Pages : 600 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Secured Transactions Law Reform by : Louise Gullifer

Download or read book Secured Transactions Law Reform written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.

Research Handbook on Secured Financing in Commercial Transactions

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781001847
Total Pages : 544 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on Secured Financing in Commercial Transactions by : Frederique Dahan

Download or read book Research Handbook on Secured Financing in Commercial Transactions written by Frederique Dahan and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the

Towards Reforming the Legal Framework for Secured Transactions in Nigeria

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Author :
Publisher : Springer
ISBN 13 : 331941836X
Total Pages : 291 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Towards Reforming the Legal Framework for Secured Transactions in Nigeria by : Chima Williams Iheme

Download or read book Towards Reforming the Legal Framework for Secured Transactions in Nigeria written by Chima Williams Iheme and published by Springer. This book was released on 2016-08-16 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.

Secured Transactions Law Reform in Africa

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913084
Total Pages : 552 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Secured Transactions Law Reform in Africa by : Marek Dubovec

Download or read book Secured Transactions Law Reform in Africa written by Marek Dubovec and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.

UNCITRAL Model Law on Secured Transactions

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Author :
Publisher : United Nations
ISBN 13 : 9210602331
Total Pages : 90 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis UNCITRAL Model Law on Secured Transactions by : United Nations Commission on International Trade Law

Download or read book UNCITRAL Model Law on Secured Transactions written by United Nations Commission on International Trade Law and published by United Nations. This book was released on 2017-02-16 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender.

International Secured Transactions Law

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Author :
Publisher : Routledge
ISBN 13 : 1136830561
Total Pages : 338 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis International Secured Transactions Law by : Orkun Akseli

Download or read book International Secured Transactions Law written by Orkun Akseli and published by Routledge. This book was released on 2011-03-17 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.

Expanding Access to Finance

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Author :
Publisher : World Bank Publications
ISBN 13 : 0821371789
Total Pages : 122 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Expanding Access to Finance by :

Download or read book Expanding Access to Finance written by and published by World Bank Publications. This book was released on 2007-01-01 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book's prime audience is government policy-makers. It provides a policy framework for governments to increase micro, small and medium enterprises' access to financial services?one which is based on empirical evidence from around the world. Financial sector policies in many developing countries often work against the ability of commercial financial institutions to serve this market segment, albeit, often unintentionally. The framework guides governments on how to best focus scarce resources on three things: ? developing an inclusive financial sector policy; ? building healthy financial ins

Towards Reforming the Legal Framework for Secured Transactions in Nigeria

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Author :
Publisher : Springer
ISBN 13 : 9783319824413
Total Pages : 291 pages
Book Rating : 4.8/5 (244 download)

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Book Synopsis Towards Reforming the Legal Framework for Secured Transactions in Nigeria by : Chima Williams Iheme

Download or read book Towards Reforming the Legal Framework for Secured Transactions in Nigeria written by Chima Williams Iheme and published by Springer. This book was released on 2018-06-15 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

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Author :
Publisher : International Monetary Fund
ISBN 13 : 1616358750
Total Pages : 31 pages
Book Rating : 4.6/5 (163 download)

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Book Synopsis Keeping Pace with Change: Fintech and the Evolution of Commercial Law by : International Monetary Fund

Download or read book Keeping Pace with Change: Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

Secured Transactions Law Reform Principles, Policies and Practice

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Author :
Publisher :
ISBN 13 : 9781509903139
Total Pages : pages
Book Rating : 4.9/5 (31 download)

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Book Synopsis Secured Transactions Law Reform Principles, Policies and Practice by : Louise Gullifer

Download or read book Secured Transactions Law Reform Principles, Policies and Practice written by Louise Gullifer and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword / Rt Hon Lord Saville of Newdigate -- Introduction / Louise Gullifer -- An outline of a typical PPSA scheme / Hugh Beale -- Historical overview of UCC Article 9 / Peter Winship -- Transplanting Article 9 : the Canadian PPSA experience / Catherine Walsh -- Current issues in secured transactions law in Canada : an Ontario perspective / Anthony Duggan -- The New Zealand perspective / Mike Gedye -- Australian secured transactions law reform / David Brown -- Secured transactions law reform in Malawi : the 2013 Personal Property Security Act / Marek Dubovec and Cyprian Kambili -- Reforming the law of secured transactions in Jersey / Roy Goode and John Rainer -- Reforming the company charge register in Ireland / Noel McGrath -- Reforming the law of secured transactions in Scotland / Andrew J.M. Steven and Hamish Patrick -- The English law of personal property security : under-reformed? / Louise Gullifer and Magda Raczynska -- An uneasy case of multiple tracing claims in English law / Magda Raczynska -- Should clauses prohibiting assignment be overridden by statute? / Louise Gullifer -- The peculiar approach of German law in the field of secured transactions and why it has worked (so far) / Moritz Brinkmann -- Italian secured transactions law : the need for reform / Anna Veneziano -- An overview of the French law on secured transactions / Jean-Francois Riffard -- The Belgian reform on security interests in movable property / Eric Dirix -- Secured transactions law reform in Lithuania / Andrius Smaliukas -- Modernisation of the law of secured transactions in Spain / Teresa Rodríguez de las Heras Ballell and Jorge Feliu Rey -- The ERBD's experience in secured transactions reform : how can outsiders help? / Frederique Dahan -- The United Nations Convention on the assignment of receivables in international trade and small businesses / N. Orkun Akseli -- The UNCITRAL legislative guide on secured transactions and the draft UNCITRAL model law on secured transactions compared / Spyridon V. Bazinas -- Conclusions and recommendations / Louise Gullifer

Cleaning-up Bank Balance Sheets

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Author :
Publisher : International Monetary Fund
ISBN 13 : 1475535163
Total Pages : 33 pages
Book Rating : 4.4/5 (755 download)

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Book Synopsis Cleaning-up Bank Balance Sheets by : José Garrido

Download or read book Cleaning-up Bank Balance Sheets written by José Garrido and published by International Monetary Fund. This book was released on 2016-09-08 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: To stabilize and bring down nonperforming loans (NPLs) in the Italian banking system, the Italian authorities have been implementing a number of reforms, aimed among others at speeding up insolvency and enforcement proceedings, strengthening bank corporate governance, cleaning up balance sheets, and facilitating bank consolidation. This paper examines the Italian banking system’s NPL problem, which ties up capital, weighing on bank profitability and authorities’ economic reforms. It argues for a comprehensive approach, encompassing economic, supervisory, and legal measures. The authorities’ reforms are important steps toward this end. The paper describes measures that could further support their actions.

Gender Dimensions of Investment Climate Reform

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Author :
Publisher : World Bank Publications
ISBN 13 : 9780821380987
Total Pages : 184 pages
Book Rating : 4.3/5 (89 download)

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Book Synopsis Gender Dimensions of Investment Climate Reform by : Sevi Simavi

Download or read book Gender Dimensions of Investment Climate Reform written by Sevi Simavi and published by World Bank Publications. This book was released on 2010-01-06 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic empowerment of women is increasingly seen as one of the most important forces behind economic growth and the fight against poverty. Indeed, women's economic participation in an economy as entrepreneurs, employees, and leaders is recognized as a measure of a country's dynamism and viability. 'Gender Dimensions of Investment Climate Reform' provides fresh solutions to common issues that women entrepreneurs face. It presents actionable, replicable, and scalable tools for promoting gender-sensitive investment climate reforms that would benefit both women and men. The book enables development practitioners and policy makers who are not gender specialists to diagnose gender issues in an investment climate; design creative and practical solutions and recommendations for addressing gender constraints; and monitor and evaluate the implementation of those recommendations.

Model Rules of Professional Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Payment Services

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107987
Total Pages : 400 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Payment Services by : Casanova, John

Download or read book Payment Services written by Casanova, John and published by Edward Elgar Publishing. This book was released on 2022-02-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of Fintech and crypto-assets in the payments sector presents new opportunities and challenges for firms, regulators and policymakers, and the law is continually changing to keep pace with these developments. This book provides an overview and practical examination of key areas of payments law and regulation in the EU and UK, as well as introductions to analogous legal regimes in the United States, Hong Kong, Singapore and sub-Saharan Africa.

Terrorism and National Security Reform

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139498983
Total Pages : 247 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Terrorism and National Security Reform by : Jordan Tama

Download or read book Terrorism and National Security Reform written by Jordan Tama and published by Cambridge University Press. This book was released on 2011-03-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism and National Security Reform demonstrates that blue-ribbon commissions can be powerful vehicles for policy change, overturning the conventional wisdom that views them only as devices for passing the buck. Jordan Tama explains how the unique political credibility of commissions can enable them to forge bipartisan consensus on tough policy challenges. He also shows that commissions are most valuable during a crisis, when policymakers face pressure to make changes but frequently cannot agree on what to do. Using an original database, case studies, and more than 200 interviews of policymakers and commission participants, Tama reveals how commissions have shaped Barack Obama's plan for ending the Iraq War, spurred the largest government and intelligence overhauls since 1947, and driven many other elements of U.S. counterterrorism policy. In an era of unrelenting partisanship and extreme polarization, this book shows that commissions are increasingly valuable policymaking tools.