International Law In Financial Regulation And Monetary Affairs

Author : Thomas Cottier
Publisher : OUP Oxford
ISBN 13 : 0191645214
Total Pages : 470 pages
Book Rating : 4.11/5 ( download)

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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.

Author : Thomas Cottier
Publisher : Cambridge University Press
ISBN 13 : 1107063639
Total Pages : 635 pages
Book Rating : 4.31/5 ( download)

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Download or read book The Rule of Law in Monetary Affairs written by Thomas Cottier and published by Cambridge University Press. This book was released on 2014-08-29 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses central monetary law and policy debates, especially the links between international investment law and trade regulation within the WTO.

Author : Lucía Satragno
Publisher : BRILL
ISBN 13 : 9004508732
Total Pages : 225 pages
Book Rating : 4.36/5 ( download)

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Download or read book Monetary Stability as a Common Concern in International Law written by Lucía Satragno and published by BRILL. This book was released on 2022-02-28 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book has been published with the support of the Swiss National Science Foundation. In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.

Author : Rainer Grote
Publisher : Cambridge University Press
ISBN 13 : 1139450344
Total Pages : 358 pages
Book Rating : 4.48/5 ( download)

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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.

Author : Annamaria Viterbo
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002614
Total Pages : 369 pages
Book Rating : 4.12/5 ( download)

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Download or read book International Economic Law and Monetary Measures written by Annamaria Viterbo and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 20072010 global financial crisis re-opened the debate on the reform of the international monetary and financial system. This well-argued book demonstrates the strategic role of international economic law (IEL) in ensuring international monetary stability and global financial stability. After discussing the current allocation of powers among IEL institutions, Annamaria Viterbo focuses on monetary measures: exchange restrictions, capital controls and exchange rate manipulations. These three fundamental topics are then examined through the lens of a multi-layered methodology, adopting perspectives from international monetary law, trade law and investment law. The author evaluates how the horizontal sectors in which IEL is traditionally divided interact and how conflicts between norms are avoided or solved. Particular attention is also devoted to the outcomes of trade and investment disputes that deal with monetary measures. International Economic Law and Monetary Measures will appeal to international trade law and international financial law scholars as well as law and business students. Legal practitioners and officials working in the field of international economic law will find it a useful reference, as will legal counsel in banks and financial institutions, international investors and multinational corporations.

Author : Rosa María Lastra
Publisher :
ISBN 13 : 9780199671090
Total Pages : 0 pages
Book Rating : 4.95/5 ( download)

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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.

Author : Emilios Avgouleas
Publisher : Cambridge University Press
ISBN 13 : 1108578403
Total Pages : 531 pages
Book Rating : 4.00/5 ( download)

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Download or read book The Political Economy of Financial Regulation written by Emilios Avgouleas and published by Cambridge University Press. This book was released on 2019-01-31 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of cutting-edge scholarship examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research. The book's authors range from global leaders to rising stars in the field, all of whom shed light on complex questions of financial sector regulation theory and practice in key economies ranging from the EU to China. Key topics include the role of law in constituting financial markets, the efficiency of markets, the role of interest groups in shaping financial regulation, the interdependence and interactions of international financial regulation with international trade and monetary regimes, and problems of regulation in state capitalism economies. This exciting volume opens the road for further enrichment of the academic and policy-making dialogue on financial regulation and regulatory practice, and reflects new trends in legal and social-science scholarship.

Author : Uzma Ashraf Barton
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189181
Total Pages : 280 pages
Book Rating : 4.89/5 ( download)

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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.

Author : George Walker
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119794X
Total Pages : 654 pages
Book Rating : 4.48/5 ( download)

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Download or read book International Banking Regulation:Law, Policy and Practice written by George Walker and published by Kluwer Law International B.V.. This book was released on 2001-12-06 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response.

Author : Thomas Cottier
Publisher :
ISBN 13 : 9781316054598
Total Pages : 614 pages
Book Rating : 4.94/5 ( download)

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Download or read book The Rule of Law in Monetary Affairs written by Thomas Cottier and published by . This book was released on 2014 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The global financial crisis and the subsequent sovereign debt crisis in Europe demonstrated that the relationship between law and economics in the design of the monetary system must be revisited. International monetary affairs are usually conducted via domestic monetary policies which are formulated by independent central banks and informed mainly by economics, without much room being left to substantive law"--