Download or read book Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 3 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 1037 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 3 deals with financial products and financial services; the structure and operation of banking and of the capital markets; the role of modern commercial and investment banks; and financial risk, stability and regulation, including the fallout from the 2008 financial crisis and the subsequent regulatory responses in the US and Europe. In sections on products and services, the blockchain and its potential are noted in the payment system, in the custodial holdings of investment securities, and in the derivative markets. A section on regulation critically reviews the need for macro-prudential supervision and an independent macro-prudential supervisor, the role of resolution authorities, the operation of the shadow banking system, and the extraterritorial reach and international recognition of financial regulation. All three volumes may be purchased separately or as part of a single set.

Download or read book Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 3 written by Jan Dalhuisen and published by Hart Publishing (UK). This book was released on 2010 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: VOLUME 3 This is the fourth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it is unrivalled. In a significant departure from earlier editions, the work is now divided into three volumes, each of which can be used independently or as part of the complete work. Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall out from the recent financial crisis.All three volumes may be purchased separately or as a single three volume boxed set. From the reviews of previous editions: '...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious...likely to become a classic text in its field.'American Journal of Comparative Law'Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators.'Uniform Law Review/Revue de Droit Uniforme'...this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance.'Law Quarterly Review'...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions...'International and Comparative Law Quarterl

Download or read book Dalhuisen on Transnational and Comparative Commercial Financial and Trade Law Volume 6 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: “... a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions” (International and Comparative Law Quarterly) Volume 6 of this new edition deals with financial regulation of banks and banking activities and products. It critically reviews micro-prudential regulation, the need for macro-prudential supervision and an independent macro-prudential supervisor, the role of resolution authorities, the operation of the shadow banking system, and the extraterritorial reach and international recognition of financial regulation. The volume considers in particular the fallout from the 2008 financial crisis and the subsequent regulatory responses in the US and Europe. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.

Download or read book Transnational Securities Regulation written by Antonio Marcacci and published by Springer Nature. This book was released on 2022-11-25 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.

Download or read book The Governance of Macroprudential Policy written by Tracy C Maguze and published by Bloomsbury Publishing. This book was released on 2024-01-11 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the theoretical foundations and legal framework for macroprudential policy, its tools and governance in the UK, the US, and the EU. It goes deeper into a normative discussion of the legitimacy of macroprudential policy in these jurisdictions, where the mandate for maintaining financial stability has been delegated to independent authorities. The Global Financial Crisis of 2007-2008 reopened debates regarding legitimacy of the independent regulatory state, given its democratic deficit. The response to a perceived legitimacy gap has been to increase political oversight in financial policymaking and regulation. The book posits that the real problem is not a lack of democracy, but rather a lack of social justice. Across the globe, there is growing dissatisfaction with a financial system and regulatory process that appear depersonalised and perpetuate inequalities. Citizens are calling for more socially just systems of governance and the future success of financial policymakers and regulators will hinge on this. Given the marked distributional effects that have been noted in some macroprudential policy tools, the book questions whether macroprudential policy should be solely based on highly rationalised and strongly quantitative reasons. By proposing that macroprudential policymakers should have a social justice mandate alongside their financial stability mandate, as well as legal mechanisms for operationalising the added authority, the book contributes to the growing discourse on the role of social justice in public policy.

Download or read book Distribution of Insurance Based Investment Products written by Pierpaolo Marano and published by Springer. This book was released on 2019-03-27 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses a topic at the intersection of two heavily regulated sectors: insurance and investment services. Until recently, scholars and professionals have approached insurance and investment services as two separate categories in the financial services sector, and as being governed by separate regulatory frameworks. In practice, however, the boundaries were and are blurred, a reality that regulators have begun to recognize and address in their more recent regulatory texts. The first part of the book approaches the new standards applicable to investment products based on insurance: insurance-based investment products (IBIPs). These rules are harmonized across the EU. The rationale behind this new definition is provided, together with a description of these products’ limitations. The analysis addresses the new rules and explores the legal regime and relevant standards applicable to IBIPs. The organizational rules concerning the design and distribution of IBIPs are also examined, and the book highlights e.g. how these rules are inspired by the principles of conduct. In closing, the ADR systems are analysed, in order to ascertain whether or not they can offer an effective tool for settling disputes over these products. In turn, the second part focuses on the liability for distribution of IBIPs, which ranks as one of the most conspicuous and relatively new legal phenomena, but at the same time, represents an exceptionally important field of civil liability in today’s world. Liability is still regulated at the national level. Thus, the four largest life insurance markets in the EU are considered, along with the largest emerging market for life insurance. The chapters on national laws also consider whether, and if so, how the new harmonized rules on IBIPs are being combined with those already in force in the jurisdictions considered. The goal is to determine whether the new rules are likely to change the doctrine and case law approach to these products, or whether the European legislators’ choices have no real impact on the protection of clients.

Download or read book Commercial Contract Law and Arbitration written by Mads Andenas and published by Taylor & Francis. This book was released on 2024-04-30 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade. Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate. Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

Download or read book Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Financial products financial services and financial regulation written by Jan Hendrik Dalhuisen and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Dalhuisen on Transnational Comparative Commercial Financial and Trade Law written by Jan Hendrik Dalhuisen and published by . This book was released on 2020 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Liberalization of Trade in Banking Services written by Bart De Meester and published by Cambridge University Press. This book was released on 2014-07-10 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The financial crisis struck with full force in the autumn of 2008. Very soon after the start of the crisis, culprits were sought. An important recurring argument was that liberalization of trade in banking services, as pursued at the European (within the EU) and international level (in the WTO), had seriously reduced the possibilities for governments to regulate and supervise the banking sector. This book examines the validity of this claim and considers how EU law and WTO law deal with the trade-off any policy-maker must make between stability and efficiency in the market for banking services. The book considers specifically the interaction between EU and WTO law because the EU is itself a Member of the WTO, next to its Member States. This implies that the EU must respect the obligations it undertook in the framework of the WTO when the EU determines its policy towards third-country banks.

Download or read book The Foundations of European Transnational Private Law written by Anna Beckers and published by Bloomsbury Publishing. This book was released on 2024-05-30 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.

Download or read book Contract Termination in International and Domestic Trade written by Bashayer Al-Mukhaizeem and published by Taylor & Francis. This book was released on 2024-09-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the right to terminate a contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade. In the modern landscape of globalised trade, the imperative of a harmonised legal framework of contract law capable of fostering stability and trust in cross-border trade has never been more pronounced. This is represented in the United Nations Convention on Contracts for the International Sale of Goods (CISG), providing rules that can be known, understood and abided by globally. This book focuses on the termination of contracts, one of the harshest remedies when a sale of goods contract is breached by the seller. Breaches by the seller dealt in this book are confined to breaches of contractual description, delivery time and quality of goods, which are the most common violations of sale of goods contracts. This book scrutinises the methods adopted for challenging or facilitating contractual termination by CISG as a transnational law, as well as the Sale of Goods Act 1979 (SGA) and Kuwaiti law (KLaw), both of which are national laws of non-contracting states of CISG. This study also draws attention to lacunae and practical issues, focusing on critical analyses of law and cases, and recognises the adopted themes underlying each law to find the degree of their legal clarity and the threshold upon which termination can be granted. This comprehensive analysis also provides inspiration for beneficial changes by weighing the pros and cons of each system. The book will be of interest to practitioners, students, and scholars in the fields of contract law, trade law, commercial law and international law.

Download or read book MiFID II and Private Law written by Federico Della Negra and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the global financial crisis, investors have suffered significant losses as a result of breaches of conduct of business rules in the distribution of financial instruments. MiFID II introduced new disclosure, distribution and product governance rules to strengthen the protection of investors but, like MiFID I, did not harmonise the civil law consequences for their violation. This book asks whether, in spite of the silence of the EU legislators, the MiFID II conduct of business rules may produce civil law effects, enabling investors to enforce them against investment firms before national courts and alternative dispute resolution (ADR) mechanisms. Building on the case law of the CJEU, the book shows the conditions under which the breach of MiFID II conduct of business rules should give rise to a private law remedy, and what remedies would be compatible with EU law. MiFID II and Private Law is an essential contribution to academic research in EU and financial law and will be a key text for policy-makers and legal practitioners working in the field of investor protection regulation and mis-selling litigation.

Download or read book Dalhuisen on Transnational and Comparative Commercial Financial and Trade Law Volume 6 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: “... a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions” (International and Comparative Law Quarterly) Volume 6 of this new edition deals with financial regulation of banks and banking activities and products. It critically reviews micro-prudential regulation, the need for macro-prudential supervision and an independent macro-prudential supervisor, the role of resolution authorities, the operation of the shadow banking system, and the extraterritorial reach and international recognition of financial regulation. The volume considers in particular the fallout from the 2008 financial crisis and the subsequent regulatory responses in the US and Europe. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.

Download or read book Transnational Commercial Law written by Maren Heidemann and published by Bloomsbury Publishing. This book was released on 2018-11-14 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Commercial Law is a textbook that deals predominantly with substantive legal contract rules that apply across borders and are designed to govern cross-border business transactions. This is an emerging field of research, teaching and practical interest in international trade and commercial law, requiring reference to multiple areas of law, including both private and public international law, the law of specific commercial transactions and arbitration. For the first time Transnational Commercial Law combines all these relevant issues in one book, and provides a basis for further study as well as detailed, cutting edge academic analyses. It provides a compact yet accessible guide to the most important cornerstones of this evolving legal discipline. Transnational Commercial Law is aimed primarily for use on LLM courses and master's programmes in commercial law. Students are presented with the actual contractual rules in the wider context of the general legal framework, and situates it within the theoretical debate, providing a truly international perspective on transnational commercial law in a globalised world.

Download or read book Does International Trade Need a Doctrine of Transnational Law written by Maren Heidemann and published by Springer Science & Business Media. This book was released on 2012-02-14 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.

Download or read book Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 2 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 851 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 1. The transnationalisation of commercial and financial law and of commercial, financial and investment dispute resolution ; The new Lex Mercatoria and its sources -- Volume 2. Contract and movable property law -- Volume 3. Financial products, financial services and financial regulation.