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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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International Law in Financial Regulation and Monetary Affairs

Edited by: Thomas Cottier, John H. Jackson, Rosa M. Lastra

ISBN13: 9780199668199
Published: October 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £82.00



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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.

Subjects:
International Trade, Public International Law, Banking and Finance
Contents:
Introduction

I. THE CRISIS OF 2007-2009: NATURE, CAUSES, AND REACTIONS
1. The Crisis Of 2007-09: Nature, Causes, and Reactions

II. ARCHITECTURE AND CONCEPTUAL ISSUES
2. Systemic Regulation Of Global Trade and Finance: A Tale of Two Systems
3. The International Monetary System: A Look Back Over Seven Decades
4. Towards a New Architecture for Financial Stability: Seven Principles
5. Why Soft Law Dominates International Finance - and Not Trade
6. The 'Santiago Principles' for Sovereign Wealth Funds: A Case Study on International Financial Standard-Setting Processes

III. FINANCIAL MARKET REGULATION
7. The Role and Prospects of International Law in Financial Regulation and Supervision
8. Multilayered Governance in International Financial Regulation and Supervision
9. Border Problems
10. The International Law of Financial Crisis: Spillovers, Subsidiarity, Fragmentation, and Cooperation
11. Addressing Government Failure Through International Financial Law
12. Reducing Systemic Risk Through The Reform of Capital Regulation
13. The Role of Transparency in Financial Regulation
14. Global Securities Regulation After The Financial Crisis

IV. TRADE, COMPETITION, AND TAX RELATED ASPECTS
15. What Role for Non-Discrimination and Prudential Standards in International Financial Law?
16. Financial Services Trade After The Crisis: Policy and Legal Conjectures
17. WTO Subsidies Discipline During and After The Crisis
18. The Role of Competition and State Aid Policy in Financial and Monetary Law
19. International Regulatory Reform and Financial Taxes

V. MONETARY REGULATION
20. The Role of International Law in Monetary Affairs
21. Financial Stability and Monetary Policy: Need for International Surveillance
22. Enhancing The IMF's Regulatory Authority

Conclusion

Series: International Economic Law Series

The Trade Policy Review Mechanism: A Critical Analysis ISBN 9780198817611
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Treaty Shopping in International Investment Law ISBN 9780198787112
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Good Faith and International Economic Law ISBN 9780198739791
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Good Faith and International Economic Law (eBook) ISBN 9780191060366
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Development at the WTO ISBN 9780199682270
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The BRIC States and Outward Foreign Direct Investment ISBN 9780199652716
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International Law in Financial Regulation and Monetary Affairs (eBook) ISBN 9780191645211
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Development at the WTO (eBook) ISBN 9780191627675
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International Harmonization of Economic Regulation ISBN 9780199604661
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Compensation and Restitution in Investor-State Arbitration: Principles and Practice ISBN 9780199601189
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Evidence, Proof, and Fact-Finding in WTO Dispute Settlement ISBN 9780199572649
Published December 2009
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£110.00
Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective ISBN 9780199533398
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Human Rights in International Investment Law and Arbitration ISBN 9780199578184
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Human Rights in International Investment Law and Arbitration ISBN 9780199578191
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Treaty Interpretation by the WTO Appellate Body ISBN 9780199562237
Published August 2009
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£96.00
Trade and the Environment: Fundamental Issues in International and WTO Law ISBN 9780199562787
Published January 2009
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Human Rights and the WTO: The Case of Patents and Access to Medicines ISBN 9780199552177
Published August 2008
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The Future of International Economic Law ISBN 9780199551132
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£33.99
International Economic Law 2nd ed (eBook) ISBN 9780191021459
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International Economic Law 2nd ed ISBN 9780199226931
Published March 2008
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£132.50
International Economic Law 2nd ed ISBN 9780199226948
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£63.00
Emerging Principles of International Competition Law ISBN 9780199207527
Published January 2008
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£115.00
Human Rights and the WTO: The Case of Patents and Access to Medicines ISBN 9780199215201
Published July 2007
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£84.00
Regional Trade Agreements and the WTO Legal System ISBN 9780199207008
Published December 2006
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£32.99
The Structure of Regulatory Competition ISBN 9780199216512
Published September 2006
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£55.00
Regional Trade Agreements and the WTO Legal System ISBN 9780199206995
Published January 2006
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Human Rights and International Trade ISBN 9780199285839
Published November 2005
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The Constitutionalization of the World Trade Organization ISBN 9780199285846
Published August 2005
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£39.49
Standards of Review in WTO Dispute Resolution ISBN 9780199268924
Published June 2004
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£96.00
The Structure of Regulatory Competition ISBN 9780199267514
Published January 2004
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£110.00
Like Products in International Trade Law
Won-Mog ChoiProfessor of International Trade Law, Ewha Womans University, Seoul, South Korea
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£137.50
Transatlantic Economic Disputes ISBN 9780199261727
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