International Monetary Law

Issues for the New Millennium

Author: Mario Giovanoli

Publisher: Oxford University Press on Demand

ISBN: 9780198299233

Category: Business & Economics

Page: 538

View: 8087

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This unique collaboration between the top academic and practitioner monetary lawyers from around the world takes the first steps towards filling the current gap in the literature for a truly systematic text on the modern international monetary law system. It tackles all of the key issues for practitioners in the field today, drawing upon the experience of its expert contributors, many working within the most important international banking institutions. An essential purchase for all lawyers worldwide specialising in international monetary law, it will also appeal to those from other professions and disciplines with an interest in financial institutions or the international monetary system.

Financial Stability Issues:The Case of East Asia

Author: Mamiko Yokoi-Arai

Publisher: Kluwer Law International B.V.

ISBN: 9041198784

Category: Law

Page: 365

View: 3261

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Whatever can be said about the financial crises that have plagued East Asian countries since the early 1990s, it must be averred that they teach us a great deal. Many earlier assumptions about finance and investment have been called into question, and the field is more open than it has been in many decades to legal and economic analysis and theory. In particular, issues of financial sector reform have come into sharp focus. Here is a new proposal, solidly grounded in current reality, for a regional "zone of law" designed to supplement and benefit domestic reforms under way in Japan and the three emerging economies of Indonesia, South Korea, and Thailand. The author draws on a wide range of relevant material, including exploration of international standards and "best practices" in banking and finance, the experience of the U.S. and the U.K. in planning and implementing reform measures, and the theoretical literature respecting financial crises and what causes them. In this context, the specific reforms applied in the four Asian countries under consideration are discussed in detail, with "lessons to be learned" about crisis detection, containment, and prevention. During the course of the analysis, the author reveals fundamental policy areas where meaningful and effective reform can take place. Financial Stability Issues: The Case of East Asia offers numerous practical applications at the same time as it strikes a rich vein of theory in the field. Its fresh, sensible approach will be greatly appreciated, not only by academic theorists, but by hardheaded business people, policymakers, and regulators as well.

The Thin Justice of International Law

A Moral Reckoning of the Law of Nations

Author: Steven R. Ratner

Publisher: OUP Oxford

ISBN: 0191009113

Category: Law

Page: 500

View: 6513

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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Internet Banking and the Law in Europe

Regulation, Financial Integration and Electronic Commerce

Author: Apostolos Ath. Gkoutzinis

Publisher: Cambridge University Press

ISBN: 1139458671

Category: Law

Page: N.A

View: 5841

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The European Union has long sought to create a single financial area across Europe where consumers in one country benefit from financial markets and activities in other countries. With the emergence of the Internet as a platform for the provision of online banking services, the creation of a pan-European market for banking services appeared a realistic proposition. In practice, however, this has not happened. This book asks why and argues that the creation of banking markets via the Internet relies on both available technologies and appropriate laws and regulations. The institutional and legal framework for online banking services in the single European market are examined, as is the level of legal harmonization achieved in the UK, France and Germany under the influence of the EU Directives pertaining to online banking activities.

International Investment Law and Comparative Public Law

Author: Stephan W. Schill

Publisher: Oxford University Press

ISBN: 0199589100

Category: Law

Page: 836

View: 7865

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Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.

International Economic Law and Monetary Measures

Limitations to States' Sovereignty and Dispute Settlement

Author: Annamaria Viterbo

Publisher: Edward Elgar Publishing

ISBN: 1781002614

Category: Business & Economics

Page: 368

View: 5589

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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.

The European Union and Global Governance

Author: Mario Telò

Publisher: Routledge

ISBN: 1134039026

Category: Political Science

Page: 384

View: 2215

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This book explores and analyses the multidimensional influence the European Union exerts in the world, focusing on its contribution to regional and global governance. Presenting a multidisciplinary approach with contributions by a panel of outstanding scholars from political science, economics, legal studies, philosophy and history, the book examines the EU as global player and international power in the making. The book is divided into three parts: Part I examines the influence of the EU as such on global governance, considering the Euro, the common market, the modernization policies for a knowledge society and its global role as both a multinational and regional democratic political system Part 2 focuses on the EU’s external policies, including trade; humanitarian aid; the environment; climate change, migration, terrorism, crime and EU foreign policy Part 3 explores the EU as a global actor in the making and looks at issues including enlargement and the EU’s neighbourhood policy; inter-regionalism; it critically addresses the weight of the historical legacies of Europe in the world and its cosmopolitan perspectives as well The European Union and Global Governance will be of vital interest to students and scholars of European Politics, International Relations, and European Studies.

2009

Author: Andrea Bonomi,Paul Volken

Publisher: Walter de Gruyter

ISBN: 3866539177

Category: Law

Page: 647

View: 9625

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The current rich volume of the Yearbook attempts to strike a balance in the multifaceted expressions of the increasing importance of private international law at national and supranational levels. The vitality of private international law within the European Union is evidenced by both legislative projects and the rich case law of the European Court of Justice. While the European Commission's draft for a Regulation on succession - which probably constitutes the most detailed and ambitious attempt ever to codify PIL in this area - begins its legislative process, a new initiative on the application of foreign law is being considered by the European institutions. Both of these developments are discussed in the Doctrine section. But the newest Yearbook of PIL also examines interesting developments taking place on other continents. For example, the present volume includes a special section focusing on Chinese PIL and reports on the renewed interest with conflict of laws in the U.S. doctrine.

International Monetary and Financial Law

The Global Crisis

Author: Mario Giovanoli,Diego Devos

Publisher: OUP Oxford

ISBN: 9780199588411

Category: Law

Page: 664

View: 8994

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This new book is a unique collaboration of the top academic and practitioner monetary and financial lawyers from around the world. It examines current legal issues of international monetary and financial law in the light of the current global financial crisis and consequent reforms of international and domestic financial architecture.

Regional Institutionalization

The Creation of a "zone of Law" in the Context of Financial Stability/regulation in East Asia

Author: Mamiko Yokoi-Arai,Queen Mary and Westfield College (University of London). International Financial Law Unit

Publisher: N.A

ISBN: N.A

Category: Financial institutions

Page: 75

View: 7035

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Current Developments in Monetary and Financial Law

Author: International Monetary Fund

Publisher: N.A

ISBN: 9781589067738

Category: Business & Economics

Page: 657

View: 6493

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The main theme of Volume 5 in this series is law and financial stability. The chapters cover many topics that enhance the reader's understanding of financial stability, as well as the many instruments available to promote it. The contributors discuss and analyze a range of issues such as, competing responsibilities of central banks and the institutional responses to past episodes of instability; the reasons for and against regulating hedge funds and derivatives, and the methods available for doing so; and the contributions of deposit insurance schemes, payments systems and securities settlement systems towards achieving financial stability. The relationship between laws proscribing money laundering and the financing of terrorism and the goal of financial stability is also discussed. The chapters in this edited volume are based on presentations from the tenth biennial seminar for legal advisors of central banks and member countries organized by the Legal Department and Institute of the IMF. The chapter authors include scholars, lawyers, representatives from the private sector, as well as officials of the IMF, other international organizations, and central banks.

Regulating Law

Author: Christine Parker

Publisher: Oxford University Press on Demand

ISBN: N.A

Category: Law

Page: 300

View: 427

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To date, regulatory scholarship has mainly been applied to specific legislative programs and/or agencies for the social and economic regulation of business. In this volume, a cast of internationally renowned legal scholars each apply a 'regulatory perspective' to their own area of law. The volume examines the collision of regulation by law with regulation by other means and provides an innovative regulatory perspective for the whole of law.

SMU Law Review

A Publication of Southern Methodist University School of Law

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 808

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Managing International Financial Instability

National Tamers Versus Global Tigers

Author: Fabrizio Saccomanni

Publisher: Edward Elgar Pub

ISBN: N.A

Category: Business & Economics

Page: 284

View: 9070

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'. . . the timing of this publication could not have been better, Fabrizio Saccomanni provides the reader with a well-written analytical and historical survey of the causes and consequences of international financial crisis and possible solutions. . . the book is enjoyable, compendious and concise. . . the book is worth reading by anyone who is interested in understanding the global financial system and is looking for a critical appraisal of its performance. In particular, students and academics of international economics can get a good overview on the issue of international financial stability, since the book bridges the gap between theoretical models and practical policy implications. . . Saccomanni's book is a well-written and valuable contribution to the debate - as already said before - the timing of its publication could hardly be better.' - Ralf Fendel, Journal of Economics and Statistics