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.
Download or read book The Quest for International Law in Financial Regulation and Monetary Affairs written by John H. Jackson and published by . This book was released on 2010 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Book Review written by Dukgeun Ahn and published by . This book was released on 2014 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bretton Woods system, originally perceived as a trinity of institutions -- the IMF, International Bank for Reconstruction and Development, and International Trade Organization -- could barely survive the demise of the ITO, even with the resulting expansion of the General Agreement on Tariffs and Trade. Although the WTO significantly improved the scope and role of international trade law, the post-Bretton Woods system of the twenty-first century may need a more coherent and newly augmented trinity of the WTO, World Bank, and potentially aWorld Financial Organization that would provide a "rule-oriented" system, modeled on theWTO, to supplant the IMF. If such an effort were undertaken, the scholarly contributions of the book under review would prove invaluable.
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.
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.
Download or read book International Law in Financial Regulation and Monetary Affairs written by Thomas Cottier and published by Oxford University Press. This book was released on 2012-10-04 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.
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.
Download or read book Soft Law and the Global Financial System written by Chris Brummer and published by Cambridge University Press. This book was released on 2012 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes, or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law "works" - and presents an alternative theory for understanding its purpose, operation, and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market, and institutional mechanisms that make it more coercive than classical theories of international law predict. As such, it is a powerful, though at times imperfect tool of financial diplomacy, and poses novel opportunities and challenges for the evolving global economic order.
Download or read book Fair Trade in Financial Services Legislation written by United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on International Development, Finance, Trade, and Monetary Policy and published by . This book was released on 1992 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book International Law Making by Hybrid Bodies written by Michael S. Barr and published by . This book was released on 2017 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent financial crisis, which roiled the globe beginning in September 2008, nearly decimated global financial markets and in fact devastated the real economy of the United States and Europe, with concomitant global harm. The crisis exposed fundamental weaknesses -- both procedural and substantive -- in the international financial regulatory architecture. The Bretton Woods institutions (the International Monetary Fund (IMF), World Bank, and World Trade Organization (WTO)) were never really equipped to deal with the growing complexity, breadth, and size of the global financial system, and instead left rule-making and supervision largely to the domestic arena. The cross-border rules that were developed by national regulators and the international standard-setting bodies that took root in this global institutional lacuna in the 1980s proved woefully ineffective. Despite strategies to increase the accountability and legitimacy of these hybrid standard-setting bodies,1 the rules failed substantively, and overwhelmingly. Global finance, and a “soft-law” architecture left unchecked by a decades-long regulatory race to the bottom, proved weak in the face of global financial institutions and crushed the real economy.
Download or read book Legal Foundations of International Monetary Stability written by Rosa María Lastra and published by Oxford University Press, USA. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Foundations of International Monetary Stability which appeals to both practitioners and academics, is a book on monetary law and related aspects of financial regulation providing a systematic and thorough study of how national, supra-national and international developments have dramatically changed the dynamic field of monetary law over the last two decades. Beginning with the notion of monetary sovereignty, its attributes and limitations, the author goes on to analyze the concept of monetary stability and the institutional developments to promote it, such as independent central banks and currency boards. Since a sound banking system is essential for maintaining monetary stability, the book also presents a legal study of the design of supervision and of the mechanisms available to the national authorities to confront banking crises and to maintain financial stability. The monetary law reform process in emerging economies is also examined. The second part of the book covers European monetary law, the history of monetary integration in Europe, the institutions of Monetary Union (the European System of Central Banks and the Euro) and the functioning and challenges confronted by this new institutional arrangement, with particular regard to the governance structure for financial regulation and supervision. The international monetary system, its history and institutions, with emphasis on the law of the International Monetary Fund, is also examined. This new text fills a gap in the current public international law literature for a systematic and comprehensive text on the international monetary and financial system and is essential reading for academics and practitioners in the field of monetary law.
Download or read book Current Developments in Monetary and Financial Law Volume 6 written by International Monetary Fund. Legal Dept. and published by International Monetary Fund. This book was released on 2013-02-08 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Restoring Financial Stability-The Legal Response” is the theme of the sixth volume of “Current Developments in Monetary and Financial Law.” The book covers a range of issues: frameworks and regulatory reforms in the United States, European Union, and Japan that address systemic risk; the international dimension of financial stability; the regulation of complex financial products; cross-border banking supervision; capital adequacy; and corporate and household debt restructuring. The chapters are based on presentations from a seminar hosted by the IMF Legal Department, the Ministry of Finance of Japan, the Financial Services Agency of Japan, and the Bank of Japan, with the assistance of the IMF Institute. The contributors to the volume come from both the public and private sectors, and include academics, lawyers practicing in the fields of banking and financial law, and officials from central banks, supervisory and regulatory agencies, and standard-setting bodies.
Download or read book Law in the Global Order written by Adam Feibelman and published by . This book was released on 2017 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely accepted that the framework of international financial regulation does not rely on traditional international legal institutions or arrangements. This conventional account misapprehends the scope of international monetary law and the role of the International Monetary Fund, a treaty-based international institution. It miscasts the Fund as only a monitor of its members' compliance with agreements forged elsewhere. In fact, although the Fund is largely known for its conditional lending function, it is a regulatory institution charged with enforcing formal obligations of its nearly universal membership, including members' obligations with regard to their financial policies. The Fund's primary regulatory role is to conduct bilateral surveillance of its members' performance of these obligations and multilateral surveillance to “oversee the international monetary system in order to ensure its effective operation.” Surveillance is thus a mode of enforcement, albeit one that relies primarily on persuasion and not on coercive sanctions. By misapprehending this regulatory function, scholars and commentators have underestimated the Fund's potential impact on its members' domestic and international financial policies and what that impact may tell us about global governance. This Article relocates the Fund within the framework of international financial regulation and describes its “financial surveillance.” It observes that Fund surveillance has significant impact on its members' financial policies and proposes that this impact is, at least in part, due to the formal legal basis of its regulatory responsibilities and its members' obligations.
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.
Download or read book A Contemporary Concept of Monetary Sovereignty written by Claus D. Zimmermann and published by OUP Oxford. This book was released on 2013-11-07 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monetary sovereignty is a crucial legal concept dictating that states have sovereignty over their own monetary, financial, and fiscal affairs. However, it does not feature as part of any key instruments of international law, including the Articles of Agreement of the International Monetary Fund. Rather, it has remained a somewhat separate notion, developed under contemporary international law from an assertion of the former Permanent Court of International Justice in 1929. As a consequence of globalization and increasing financial integration and a worldwide trend towards the creation of economic and monetary unions, the principle of monetary sovereignty has undergone significant change. This book examines this evolution in detail, and provides a conceptual framework to demonstrate what this means for the legal and economic challenges faced by the international community. The book examines the historic origins and evolution of the concept of monetary sovereignty, putting it into the context of broader concepts of sovereignty. It argues that monetary sovereignty remains relevant as a dynamic legal concept with both positive and normative components. It investigates the continuing hybridization of international monetary law resulting from changes to its formal and material sources. It then examines the complex phenomenon of exchange rate misalignment under international monetary and trade law, and the increasing regionalization of monetary sovereignty, notably in light of the European sovereign debt crisis. Finally, it assesses the role the concept of monetary sovereignty can play in the reorganization of international finance following the recent global financial crisis.
