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McMeel on the Construction of Contracts: Interpretation, Implication and Rectification

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 Ash Jones


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 Ian Kawaley, David Doyle, Shade Subair Williams


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Separation of Investment Banking Activities from Universal Banks - Preventing Financial Instability: North America, Japan, UK, and EU


ISBN13: 9781839705779
Published: December 2025
Publisher: Larcier Intersentia Publishers
Country of Publication: Belgium
Format: Paperback
Price: £150.00



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This book serves a dual purpose. First, to present the concept of ‘structural reforms’ in the banking sector (mostly associated with the separation of investment banking activities from the so-called Universal Banking model), as a means to address the recurring issue of ‘Too-Big-To-Fail’ (TBTF) institutions that resurface during financial crises. Second, it offers a deeper analysis of such reforms across key jurisdictions-namely the US, UK, EU, Canada, and Japan – exploring how, why, and when these measures were adopted, repealed, or reconsidered, especially following the recent Global Financial Crisis of 2007–2009.

By focusing on these jurisdictions, the book examines the legal foundations, motivations, and effectiveness of structural reforms in mitigating systemic financial risk. It begins by situating banks within the broader financial system and explaining other regulatory measures before connecting them to the concept of structural reforms. It also traces the evolution of these reforms across different historical periods, showing how crises often serve as catalysts for regulatory change.

A major component of the book involves comparing the jurisdictions studied to assess the practical outcomes of their reform strategies. This comparative approach helps evaluate whether structural reforms genuinely reduce TBTF risks or if alternative regulatory tools might offer better results with fewer downsides. The analysis concludes with a discussion on the necessity and justification of such strict regulatory approaches based on the evidence from these key jurisdictions.

Designed for a varied audience – including students, academics, regulators, and financial practitioners – the book offers a comprehensive and accessible discussion of a highly complex but critical area of financial regulation. While some familiarity with the concept of ‘structural reforms’ is beneficial, the book’s clear structure allows readers with general interest in financial regulation to follow the arguments and gain valuable insights into the ongoing global debate on how best to regulate large financial institutions.

Contents:
PART I. STRUCTURAL REFORMS, BANKING MODELS AND THE FINANCIAL SYSTEM
Chapter 1. – Banks and Structural Reforms within the Financial System: Setting the Scene
Chapter 2. – Banking Models and Structural Reforms: a Gordian Knot?

PART II. REGULATION THROUGH STRUCTURAL REFORMS: CASE STUDIES ACROSS THE WORLD
Chapter 1. – United States: A Game of ‘Thrones and Crises’
Chapter 2. – Canada: The Impeccable Neighbour?
Chapter 3. – Japan: A Tale of Unsuccessful Successes
Chapter 4. – United Kingdom: From Universalism to ‘Ring-Fencing’
Chapter 5. – European Union: From Universal Banking to… Universal (?) Banking

PART III. ANALYSIS OF THE INTERPLAY BETWEEN THE STRUCTURAL REFORMS AND THE FINDINGS FROM THE CASE STUDY JURISDICTIONS
Chapter 1. – Structural Reforms Regulation and Financial Stability: Interactions and Implications
Chapter 2. – Concluding Remarks. Answering the Important Question: Is Regulation through Structural Reforms An Effective Way to Prevent the Financial System from Instability Events and Turmoil?

References & Bibliography