International Law in Financial Regulation and Monetary Affairs
Series: International Economic Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 4 October 2012
- ISBN 9780199668199
- Binding Hardback
- No. of pages470 pages
- Size 240x170x32 mm
- Weight 860 g
- Language English 0
Categories
Short description:
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.
MoreLong description:
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.
Table of Contents:
Introduction
I. The Crisis of 2007-2009: Nature, Causes, and Reactions
The Crisis Of 2007-09: Nature, Causes, and Reactions
II. Architecture and Conceptual Issues
Systemic Regulation Of Global Trade and Finance: A Tale of Two Systems
The International Monetary System: A Look Back Over Seven Decades
Towards a New Architecture for Financial Stability: Seven Principles
Why Soft Law Dominates International Finance - and Not Trade
The 'Santiago Principles' for Sovereign Wealth Funds: A Case Study on International Financial Standard-Setting Processes
III. Financial Market Regulation
The Role and Prospects of International Law in Financial Regulation and Supervision
Multilayered Governance in International Financial Regulation and Supervision
Border Problems
The International Law of Financial Crisis: Spillovers, Subsidiarity, Fragmentation, and Cooperation
Addressing Government Failure Through International Financial Law
Reducing Systemic Risk Through The Reform of Capital Regulation
The Role of Transparency in Financial Regulation
Global Securities Regulation After The Financial Crisis
IV. Trade, Competition, and Tax Related Aspects
What Role for Non-Discrimination and Prudential Standards in International Financial Law?
Financial Services Trade After The Crisis: Policy and Legal Conjectures
WTO Subsidies Discipline During and After The Crisis
The Role of Competition and State Aid Policy in Financial and Monetary Law
International Regulatory Reform and Financial Taxes
V. Monetary Regulation
The Role of International Law in Monetary Affairs
Financial Stability and Monetary Policy: Need for International Surveillance
Enhancing The IMF's Regulatory Authority
Conclusion
