Category | UK education collection

Regulating Undercover Law Enforcement: The Australian Experience

This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side – a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct.The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence. This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power?The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.

Copyright: 2021

ISBN: 9789813363816

Features: Contains images

Regulating Vertical Agreements: A Comparative Law and Economics Review of the EU and Brazil

by Maria Fernanda Caporale Madi

Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.

Copyright: 2020

ISBN: 9789403526515

Features: Contains images

Regulating Water Security in Unconventional Oil and Gas (Water Security in a New World)

by Regina M. Buono Elena López Gunn Jennifer McKay Chad Staddon

This book addresses the need for deeper understanding of regulatory and policy regimes around the world in relation to the use of water for the production of ‘unconventional’ hydrocarbons, including shale gas, coal bed methane and tight oil, through hydraulic fracturing. Legal, policy, political and regulatory issues surrounding the use of water for hydraulic fracturing are present at every stage of operations. Operators and regulators must understand the legal, political and hydrological contexts of their surroundings, procure water for use in the fracturing and extraction processes, gain community cooperation or confront social resistance around water, collect flow back and produced water, and dispose of these wastewaters safely. By analysing and comparing different approaches to these issues from around the globe, this volume gleans insights into how policy, best practices and regulation may be developed to advance the interests of all stakeholders. While it is not always possible to easily transfer ‘good practice’ from one place to another, there is value in examining and understanding the components of different legal and regulatory regimes, as these may assist in the development of better regulatory law and policy for the rapidly growing unconventional energy sector.The book takes an interdisciplinary approach and includes chapters looking at water-energy nexus security in general, along with issue-focused and geographically-focused case studies written by scholars from around the world.Chapter topics, organized in conjunction with the stage of the shale gas production process upon which they touch, include the implications of hydraulic fracturing for agriculture, municipalities, and other stakeholders competing for water supplies; public opinion regarding use of water for hydraulic fracturing; potential conflicts between hydraulic fracturing and water as a human right; prevention of induced seismic activity, and the disposal or recycling of produced water. Several chapters also discuss implications of unconventional energy production for indigenous communities, particularly as regards sustainable water management. This volume will be of interest to scholars and students of energy and water, regulators and policymakers and operators interested in ensuring that they align with emergent best global practice.

Copyright: 2020

ISBN: 9783030183424

Features: Contains images

Regulation: Legal Form and Economic Theory

by Anthony I Ogus

This is a reprint of Anthony Ogus' classic study of regulation,first published in the 1990s. It examines how, since the last decades of the twentieth century there have been fundamental changes in the relationship between the state and industry. With the aid of economic theory Anthony Ogus critically examines the ways in which public law has been adapted to the task of regulating industrial activity and provides a systematic overview of the theory and forms of social and economic regulation. In particular, he explores the reasons why governments regulate, for which, broadly speaking, two theoretical frameworks exist. First 'public interest' theories determine that regulation should aim to improve social and economic welfare. Second, 'economic' theories suggest that regulation should aim to satisfy the demands of private interests. The book also looks at the evolution of the forms of regulation in Britain, extending to the policies of privatization and deregulation which were so characteristic of the period. The author skilfully evaluates the advantages and disadvantages of the different forms of regulation, particularly in the light of the two theoretical frameworks, but also by involving an analysis of how firms respond to the various kinds of incentives and controls offered by government. A significant feature of the book is its analysis of the choices made by governments between the different forms of regulation and the influence exerted by interest groups (including bureaucrats) and EC law.

Copyright: 2004

ISBN: 9781847313294

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Regulation: Legal Form and Economic Theory (Clarendon Law Ser.)

by Anthony I Ogus

This is a reprint of Anthony Ogus' classic study of regulation,first published in the 1990s. It examines how, since the last decades of the twentieth century there have been fundamental changes in the relationship between the state and industry. With the aid of economic theory Anthony Ogus critically examines the ways in which public law has been adapted to the task of regulating industrial activity and provides a systematic overview of the theory and forms of social and economic regulation. In particular, he explores the reasons why governments regulate, for which, broadly speaking, two theoretical frameworks exist. First 'public interest' theories determine that regulation should aim to improve social and economic welfare. Second, 'economic' theories suggest that regulation should aim to satisfy the demands of private interests. The book also looks at the evolution of the forms of regulation in Britain, extending to the policies of privatization and deregulation which were so characteristic of the period. The author skilfully evaluates the advantages and disadvantages of the different forms of regulation, particularly in the light of the two theoretical frameworks, but also by involving an analysis of how firms respond to the various kinds of incentives and controls offered by government. A significant feature of the book is its analysis of the choices made by governments between the different forms of regulation and the influence exerted by interest groups (including bureaucrats) and EC law.

Copyright: 1994

ISBN: 9781847316882

Features: Contains images

Regulation 1/2003 and EU Antitrust Enforcement: A Systematic Guide

For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service,<span style="mso-fareast-font-family:"Times New Roman";mso-bidi-font-family: "Times New Roman";color:black;letter-spacing:.75pt;border:none windowtext 1.0pt; mso-border-alt:none windowtext 0in;padding:0in;mso-ansi-language:EN-GB"> heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as<span style="mso-fareast-font-family: "Times New Roman";mso-bidi-font-family:&quot

Copyright: 2023

ISBN: 9789403535456

Features: Contains images

Regulation A+: How the JOBS Act Creates Opportunities for Entrepreneurs and Investors

by Paul Getty Dinesh Gupta Robert R. Kaplan

Discover how to raise money under new provisions in the recently enacted JOBS Act. Regulation A+: How the JOBS Act Creates Opportunities for Entrepreneurs and Investors will guide and advise executives of emerging growth companies, entrepreneurs, financial advisers, venture capitalists, investment bankers, securities lawyers, finance and MBA students, and others on how to raise up to $50 million a year through streamlined regulations. Signed by President Obama on April 5, 2012, Title IV of the JOBS Act amends the 1930s-era Regulation A, making it far easier for businesses to raise growth capital through public offerings. It is, in effect, a new type of IPO but with much less regulation and cost. Regulation A+: How the JOBS Act Creates Opportunities for Entrepreneurs and Investors spells out new processes that can and will have a dramatic impact on how companies obtain growth capital to create new jobs and bolster returns for investors. Some financial gurus believe that the new law, dubbed Regulation A+ due to the enhancements, will usher in a revolutionary period of growth and innovation comparable to our largest past economic expansions. To date, much of the commentary on the JOBS Act has focused on Title III, which allows broader use of crowdfunding to raise up to $1 million per year. However, many entrepreneurs and economists believe that new changes to Regulation A will have a much greater impact on innovation and job creation. The best part? Regulation A+ lifts many constraints on soliciting funds and trading new stock issues. Among other things, readers of this book will learn how to take advantage of these provisions: Regulation A+ permits companies to raise up to $50 million, a tenfold increase over the old limit of $5 million, and much more than the crowdfunding provisions of the JOBS Act ($1 million). Regulation A+ allows companies to market IPOs to more people than just accredited investors and makes it easier to get the word out on offerings. Regulation A+ allows certain companies to avoid the SEC periodic reporting regimen (Form 10-K, Form 10-Q, Form 8-K, and proxy statements), provided that the number of shareholders is kept below revised thresholds. Regulation A+ exempts certain companies from many onerous and costly compliance requirements, including Sarbanes-Oxley. In short, Regulation A+ greatly simplifies the capital-raising process, making it easier to grow companies, create jobs, and reward investors.

Copyright: 2015

ISBN: 9781430257325

Features: Contains images

Regulation and Compliance in Operations (Securities Institute Operations Management)

by David Loader

'Regulation and Compliance in Operations' looks at how regulation affects the operations function by focusing on regulatory issues and drivers. As regulatory demands ever increasing, it is important for operations teams to be aware of the important regulatory issues which exist globally. Like any other part of an organization in the financial services industry, operations has rules and regulations to comply with. Although many view regulation as being about rooting out rogue traders and controlling speculators, its role is much more profound than this, and without it many more 'scandals' would undoubtedly occur. The problem for the regulator is that unless total oversight of every transaction, account, business and individual can be made, there will always be rogue traders or more recent examples like Enron and World.Com. As such intense oversight is not practical, the regulator can only do so much, with most of the responsibility resting with the firms and organizations themselves.For operations teams their role in protecting the firm stems from their ability to manage critical processes like reconciliation, asset position agreements and the nostro accounts efficiently and effectively. Regulators need the help and support of the businesses to have a 'business-friendly environment'. When some abuse the trust placed in them and the regulatory environment, a 'scandal' or worse occurs, with the result that the majority are penalized as regulators react to criticism and apply more onerous regulations.It is often the operations teams that bear most, or at least some, of the repercussions of greater regulatory oversight of the business. It is therefore vitally important for operations teams to have a firm understanding of the regulatory issues and drivers. This book will help you gain that understanding, as well as looking at the important regulatory issues in the various global markets in which your business operates.* This book completes the popular Securities Institute Operations Management Series* Explains the role of regulation and compliance in UK, US and global financial markets* Provides a valuable perspective from the operations department viewpoint without getting caught up in the minute details of regulations

Copyright: 2002

ISBN: 9780080516004

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Regulation and Governance of Mutual Funds: United Kingdom and United States of America Perspectives on Investor Protection (Routledge Research in Finance and Banking Law)

by Mohammed Khair Alshaleel

This book provides a detailed analysis of mutual fund regulations and governance in the UK from the investor protection perspective. It comprehensively describes mutual funds by their function, social utility, and legal attributes, examining the level of protection provided to retail investors under existing regulations. Mutual funds are externally managed with fund ownership separated out from their management, which carries a potential conflict of interest between the self-interests of the fund management and each fund’s investors. The book provides an in-depth analysis of this agency problem in the mutual fund industry, comparing the competing governance models in the UK and the US and the supervision of management activities. In the UK, it investigates the main governance mechanisms, including disclosure, the effectiveness of voting rights, and the role of the Financial Conduct Authority in protecting investors. It also considers the role of prudential regulations in protecting mutual fund investors, with a particular focus on risk management and mutual fund liquidity crisis. The book further investigates the impact of the withdrawal of the UK from the European Union (Brexit) on the industry and what this means for the future of the undertakings for collective investment in transferable securities (UCITS) in the UK. The concept of mutual funds is still not clearly understood, so this book will clearly define the different legal and practical aspects of mutual funds. It will be the first substantial study of mutual fund governance mechanisms under the existing mutual fund laws and regulations in the UK.

Copyright: 2023

ISBN: 9781000634938

Features: Contains images

Regulation and Governance of Mutual Funds: United Kingdom and United States of America Perspectives on Investor Protection (Routledge Research in Finance and Banking Law)

by Mohammed Khair Alshaleel

This book provides a detailed analysis of mutual fund regulations and governance in the UK from the investor protection perspective. It comprehensively describes mutual funds by their function, social utility, and legal attributes, examining the level of protection provided to retail investors under existing regulations. Mutual funds are externally managed with fund ownership separated out from their management, which carries a potential conflict of interest between the self-interests of the fund management and each fund’s investors. The book provides an in-depth analysis of this agency problem in the mutual fund industry, comparing the competing governance models in the UK and the US and the supervision of management activities. In the UK, it investigates the main governance mechanisms, including disclosure, the effectiveness of voting rights, and the role of the Financial Conduct Authority in protecting investors. It also considers the role of prudential regulations in protecting mutual fund investors, with a particular focus on risk management and mutual fund liquidity crisis. The book further investigates the impact of the withdrawal of the UK from the European Union (Brexit) on the industry and what this means for the future of the undertakings for collective investment in transferable securities (UCITS) in the UK. The concept of mutual funds is still not clearly understood, so this book will clearly define the different legal and practical aspects of mutual funds. It will be the first substantial study of mutual fund governance mechanisms under the existing mutual fund laws and regulations in the UK.

Copyright: 2023

ISBN: 9781000634907

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Regulation and Inequality at Work: Isolation and Inequality Beyond the Regulation of Labour (Routledge Research in Corporate Law)

by Vanisha Sukdeo

This book examines how the law has limitations to the extent that it can combat repression, isolation, and inequality. The main point the book explores is that isolation and inequality cannot be solved by driving up wages and having better working conditions. The true divide between management and workers is the inability of management to see the workers as people, and not just numbers. "The Swiss novelist Max Frisch remarked at the time, ‘We imported workers and got men instead.’" This encapsulates the dilemma of management – how to distance one’s self enough from workers to command respect yet not too distant as to be seen as inhumane. How can isolation and inequality within the workplace be overcome? Regulation and Inequality at Work shows how workers can have an increased voice by using tools outside of the typical legal ones. Without state protection, the rights can be viewed as less stringent. Working outside the system allows for greater malleability and flexibility to be able to cater to individual workers in individual workplaces. Workers’ rights are about better working conditions, hourly wages, and benefits, but are also about being treated in a more civilized manner where one’s humanity is recognized. Only through all of these parts working together will a true version of workers’ rights emerge—one where workers are not viewed as mere tools but within and of the system itself. It shows the latest state of knowledge on the topic and will be of interest both to students at an advanced level, academics and reflective practitioners in the fields of business and company law, labour law, and employment law.

Copyright: 2019

ISBN: 9780429836626

Features: Contains images

Regulation and Inequality at Work: Isolation and Inequality Beyond the Regulation of Labour (Routledge Research in Corporate Law)

by Vanisha Sukdeo

This book examines how the law has limitations to the extent that it can combat repression, isolation, and inequality. The main point the book explores is that isolation and inequality cannot be solved by driving up wages and having better working conditions. The true divide between management and workers is the inability of management to see the workers as people, and not just numbers. "The Swiss novelist Max Frisch remarked at the time, ‘We imported workers and got men instead.’" This encapsulates the dilemma of management – how to distance one’s self enough from workers to command respect yet not too distant as to be seen as inhumane. How can isolation and inequality within the workplace be overcome? Regulation and Inequality at Work shows how workers can have an increased voice by using tools outside of the typical legal ones. Without state protection, the rights can be viewed as less stringent. Working outside the system allows for greater malleability and flexibility to be able to cater to individual workers in individual workplaces. Workers’ rights are about better working conditions, hourly wages, and benefits, but are also about being treated in a more civilized manner where one’s humanity is recognized. Only through all of these parts working together will a true version of workers’ rights emerge—one where workers are not viewed as mere tools but within and of the system itself. It shows the latest state of knowledge on the topic and will be of interest both to students at an advanced level, academics and reflective practitioners in the fields of business and company law, labour law, and employment law.

Copyright: 2019

ISBN: 9780429836633

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Regulation and Its Reform

by Stephen G. Breyer

This book will become the bible of regulatory reform. No broad, authoritative treatment of the subject has been available for many years except for Alfred Kahn's Economics of Regulation (197O). And Stephen Breyer's book is not merely a utilitarian analysis or a legal discussion of procedures; it employs the widest possible perspective to survey the full implications of government regulation—economic, legal, administrative, political—while addressing the complex problems of administering regulatory agencies. Only a scholar with Judge Breyer's practical experience as chief counsel to the Senate Judiciary Committee could have accomplished this task. He develops an ingenious original system for classifying regulatory activities according to the kinds of problems that have called for, or have seemed to call for, regulation; he then examines how well or poorly various regulatory regimes remedy these market defects. This enables him to organize an enormous amount of material in a coherent way, and to make significant and useful generalizations about real-world problems. Among the regulatory areas he considers are health and safety; environmental pollution, trucking, airlines, natural gas, public utilities, and telecommunications. He further gives attention to related topics such as cost-of-service ratemaking, safety standards, antitrust, and property rights. Clearly this is a book whose time is here—a veritable how-to-do-it book for administration deregulators, legislators, and the judiciary; and because it is comprehensive and superbly organized, with a wealth of highly detailed examples, it is practical for use in law schools and in courses on economics and political science.

Copyright: 1982

ISBN: 9780674028760

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Regulation and Markets Beyond 2000 (Routledge Revivals)

by Laura Macgregor Tony Prosser

This title was first published in 2000: The book will be a set of essays addressing various aspects of regulation. It will concentrate on regulation as a precondition of successfully operating markets - by opening up markets and establishing conditions of trust. It will cover a broad range of varied forms of regulation. The book will respond to recent developments, for example, the shift from deregulation to better regulation will be explored. Most chapters will be written jointly by an academic and a legal practitioner (from the commercial solicitors firm of Shepherd and Wedderburn), thus ensuring an integration of theoretical analysis with practical problems.

Copyright: 2017

ISBN: 9781351727921

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Regulation and Markets Beyond 2000 (Routledge Revivals)

by Laura Macgregor Tony Prosser

This title was first published in 2000: The book will be a set of essays addressing various aspects of regulation. It will concentrate on regulation as a precondition of successfully operating markets - by opening up markets and establishing conditions of trust. It will cover a broad range of varied forms of regulation. The book will respond to recent developments, for example, the shift from deregulation to better regulation will be explored. Most chapters will be written jointly by an academic and a legal practitioner (from the commercial solicitors firm of Shepherd and Wedderburn), thus ensuring an integration of theoretical analysis with practical problems.

Copyright: 2017

ISBN: 9781351727914

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Regulation and Public Interests: The Possibility of Good Regulatory Government

by Steven P. Croley

Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late 1970s, "deregulation" has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests. Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's "roadless" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.

Copyright: 2008

ISBN: 9781400828142

Features: Contains images

Regulation and Public Interests: The Possibility of Good Regulatory Government

by Steven P. Croley

Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late 1970s, "deregulation" has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests. Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's "roadless" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.

Copyright: 2008

ISBN: 9781400828142

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The Regulation and Supervision of Banks: The Post Crisis Regulatory Responses of the EU (Routledge Research in Finance and Banking Law)

by Chen Chen Hu

Over the past two decades, the banking industry has expanded and consolidated at a stunningly unprecedented speed. In this time banks have also moved from focusing purely on commercial banking activities to being heavily involved in market-based and transaction-oriented wholesale and investment banking activities. By carrying out an all-encompassing set of activities, banks have become large, complex, interconnected, and inclined to levels of risk-taking not previously seen. With the onset of the 2008 global financial crisis it became apparent that there was an issue of institutions being too big to fail. This book analyses the too-big-to-fail problem of banks in the EU. It approaches the topic from an interdisciplinary perspective using behavioural finance as a tool to examine the occurrence of the global financial crisis and the emergence of the structural problem in large banking institutions. The book draws a comparison between the EU, the US and the UK and the relevant rules to assess the effectiveness of various approaches to regulation in a global context. Chen Chen Hu goes on to use behavioural analyses to provide new insights in evaluating the current structural reform rules in the EU Proposal on Bank Structural Regulation and the newly adopted bank recovery and resolution regime in the EU Bank Recovery and Resolution Directive and the Single Resolution Mechanism (SRM) in the Single Resolution Regulation.

ISBN: 9781351965712

Features: Contains images

The Regulation and Supervision of Banks: The Post Crisis Regulatory Responses of the EU (Routledge Research in Finance and Banking Law)

by Chen Chen Hu

Over the past two decades, the banking industry has expanded and consolidated at a stunningly unprecedented speed. In this time banks have also moved from focusing purely on commercial banking activities to being heavily involved in market-based and transaction-oriented wholesale and investment banking activities. By carrying out an all-encompassing set of activities, banks have become large, complex, interconnected, and inclined to levels of risk-taking not previously seen. With the onset of the 2008 global financial crisis it became apparent that there was an issue of institutions being too big to fail. This book analyses the too-big-to-fail problem of banks in the EU. It approaches the topic from an interdisciplinary perspective using behavioural finance as a tool to examine the occurrence of the global financial crisis and the emergence of the structural problem in large banking institutions. The book draws a comparison between the EU, the US and the UK and the relevant rules to assess the effectiveness of various approaches to regulation in a global context. Chen Chen Hu goes on to use behavioural analyses to provide new insights in evaluating the current structural reform rules in the EU Proposal on Bank Structural Regulation and the newly adopted bank recovery and resolution regime in the EU Bank Recovery and Resolution Directive and the Single Resolution Mechanism (SRM) in the Single Resolution Regulation.

ISBN: 9781351965729

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Regulation and Supervision of the OTC Derivatives Market (Routledge Research in Finance and Banking Law)

by Ligia Catherine Arias-Barrera

The over-the-counter (OTC) derivatives market has captured the attention of regulators after the Global Financial Crisis due to the risk it poses to financial stability. Under the post-crisis regulatory reform the concentration of business, and risks, among a few major players is changed by the concentration of a large portion of transactions in the new market infrastructures, the Central Counterparties (CCPs). This book, for the first time, analyses the regulatory response of the United Kingdom and the United States, the two largest centres of OTC derivatives transactions, and highlights their shortcomings. The book uses a normative risk-based approach to regulation as a methodological lens to analyse the UK regime of CCPs in the OTC derivatives market. It specifically focuses on prudential supervision and conduct of business rules governing OTC derivatives transactions and the move towards enhancing the use of central clearing. The resulting analysis, from a normative risk based approach, suggests that the UK regime for CCPs does not fulfil what would be expected if a coherent risk based approach was taken. Our comments on the Dodd-Frank Act highlight that the incoherent adoption of risk-based approach to regulation affects the effectiveness of the US regime for CCPs. Such a regime does not follow the pace of events of ‘innovation risk’; in particular, the foreseeable changes FinTech will bring to the OTCDM and central clearing services. The second inadequacy of the US regime concerns the dual regulatory structure of the CFTC and the SEC, and the inadequate adoption of different and not well-coordinated regulatory strategies. We also analyse the cross-border implications of the US regime for non-US CCPs that provide clearing services to US market participants. Finally, we study the negative effects of the absence of a clearly defined resolution regime for CCPs.

ISBN: 9781351797719

Features: Contains images

Regulation and Supervision of the OTC Derivatives Market (Routledge Research in Finance and Banking Law)

by Ligia Catherine Arias-Barrera

The over-the-counter (OTC) derivatives market has captured the attention of regulators after the Global Financial Crisis due to the risk it poses to financial stability. Under the post-crisis regulatory reform the concentration of business, and risks, among a few major players is changed by the concentration of a large portion of transactions in the new market infrastructures, the Central Counterparties (CCPs). This book, for the first time, analyses the regulatory response of the United Kingdom and the United States, the two largest centres of OTC derivatives transactions, and highlights their shortcomings. The book uses a normative risk-based approach to regulation as a methodological lens to analyse the UK regime of CCPs in the OTC derivatives market. It specifically focuses on prudential supervision and conduct of business rules governing OTC derivatives transactions and the move towards enhancing the use of central clearing. The resulting analysis, from a normative risk based approach, suggests that the UK regime for CCPs does not fulfil what would be expected if a coherent risk based approach was taken. Our comments on the Dodd-Frank Act highlight that the incoherent adoption of risk-based approach to regulation affects the effectiveness of the US regime for CCPs. Such a regime does not follow the pace of events of ‘innovation risk’; in particular, the foreseeable changes FinTech will bring to the OTCDM and central clearing services. The second inadequacy of the US regime concerns the dual regulatory structure of the CFTC and the SEC, and the inadequate adoption of different and not well-coordinated regulatory strategies. We also analyse the cross-border implications of the US regime for non-US CCPs that provide clearing services to US market participants. Finally, we study the negative effects of the absence of a clearly defined resolution regime for CCPs.

ISBN: 9781351797726

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Regulation and Tax in Space (Series on International Taxation #78)

by Galya Savir

Series on International Taxation #78 By international consensus, space is considered as a commons for all humanity. Now, however, as space activities and technologies are chiefly focused on commercial interests in extraterrestrial mineral resources, the mechanisms for the allocation of space mining resources must be framed in a way that will balance the efficient use of resources with a fair and stable tax system. This book, which combines first-hand knowledge of both the aerospace issues involved and the tax field, is the first to discuss in depth the yet-to-be-resolved practicalities of taxation of resources mined in space. Arguing that the space mining industry should be regulated in a way that will ensure an attractive investment climate for space entrepreneurs and the existence of a stable fiscal regime that will finance the costs of conservation and utilization of space resources, the author proposes an international royalty system to help achieve industry goals, such as efficiency, administrative convenience, and sustainability. The book explores the following aspects of the topic: assignment of ownership rights to space resources; the risk–tax revenue trade-off between space mining industries and governments; distributional pressures to offset competition for resource profits; uniform collection of royalties; intergenerational equity and a space property rights system; determining jurisdictional boundaries associated with commercial space mining projects; allocation of external costs such as pollution, environmental degradation, and the clean-up of debris; and liability risks of companies and the launching state. As governments and private entities around the globe invest in space-appropriate technologies and exploration evolves toward permanent presence in space colonies, this comprehensive analysis of alternatives for choosing the optimal resource management regime in space and for shaping a unique tax regime for the emerging space industry provides concerned policymakers with guidelines that promise to secure a practical, affordable, and sustainable development of the space economy. Lawyers working for or representing companies engaged in or contemplating space activities, policymakers, and anyone interested in tax and the space economy will welcome this signal contribution to a growing field of human endeavor. "This is an outstanding book and a must read for anyone interested in tax or the future of humanity in the cosmos. Dr. Galya Savir used to work in the Aerospace industry and, in her book, Dr. Savir combines unique and extraordinary expertise in both space technology and tax. Thus, this product is the only competent book in this area." Avi-Yonah, Reuven S, Irwin I. Cohn Professor of Law

ISBN: 9789403533940

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Regulation and the Credit Rating Agencies: Restraining Ancillary Services (Routledge Research in Corporate Law)

by Daniel Cash

This book examines the transgressions of the credit rating agencies before, during and after the recent financial crisis. It proposes that by restricting the agencies’ ability to offer ancillary services there stands the opportunity to limit, in an achievable and practical manner, the potentially negative effect that the Big Three rating agencies – Standard & Poor’s, Moody’s and Fitch – may have upon the financial sector and society moreover. The book contains an extensive and in-depth discussion about how the agencies ascended to their current position, why they were able to do so and ultimately their behaviour once their position was cemented. This work offers a new framework for the reader to follow, suggesting that investors, issuers and the state have a ‘desired’ version of the agencies in their thinking and operate upon that basis when, in fact, those imagined agencies do not exist, as demonstrated by the ‘actual’ conduct of the agencies. The book primarily aims to uncover this divergence and reveal the ‘real’ credit rating agencies, and then on that basis propose a real and potentially achievable reform to limit the negative effects that result from poor performance in this Industry. It addresses the topics with regard to financial regulation and the financial crisis, and will be of interest to legal scholars interested in the intersection between business and he law as well as researchers, academics, policymakers, industry and professional associations and students in the fields of corporate law, banking and finance law, financial regulation, corporate governance and corporate finance.

ISBN: 9781351107891

Features: Contains images

Regulation and the Credit Rating Agencies: Restraining Ancillary Services (Routledge Research in Corporate Law)

by Daniel Cash

This book examines the transgressions of the credit rating agencies before, during and after the recent financial crisis. It proposes that by restricting the agencies’ ability to offer ancillary services there stands the opportunity to limit, in an achievable and practical manner, the potentially negative effect that the Big Three rating agencies – Standard & Poor’s, Moody’s and Fitch – may have upon the financial sector and society moreover. The book contains an extensive and in-depth discussion about how the agencies ascended to their current position, why they were able to do so and ultimately their behaviour once their position was cemented. This work offers a new framework for the reader to follow, suggesting that investors, issuers and the state have a ‘desired’ version of the agencies in their thinking and operate upon that basis when, in fact, those imagined agencies do not exist, as demonstrated by the ‘actual’ conduct of the agencies. The book primarily aims to uncover this divergence and reveal the ‘real’ credit rating agencies, and then on that basis propose a real and potentially achievable reform to limit the negative effects that result from poor performance in this Industry. It addresses the topics with regard to financial regulation and the financial crisis, and will be of interest to legal scholars interested in the intersection between business and he law as well as researchers, academics, policymakers, industry and professional associations and students in the fields of corporate law, banking and finance law, financial regulation, corporate governance and corporate finance.

ISBN: 9781351107907

Features:

Regulation, Enforcement and Governance in Environmental Law

by Richard B Macrory

Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy. The book includes the full text of his 2006 Cabinet Office Review on Regulatory Sanctions, new chapters on the Climate Change Act 2008, the Environment Tribunal, and analysis of recent leading cases.The book is divided into five thematic sections: Regulatory reform, Institutional Reform and Change, the Dynamics of Environmental Law, the Courts and the Environment and Europe and the Environment.Reviews of the first edition: 'This book is surely destined to become a 'must read' for anyone (academic, practitioner or student) interested in the development of regulation, enforcement, and environmental governance.' P Bishop, IUCN Academy of Environmental Law Journal 'An excellent reference work on environmental law….an extremely important and valuable edition to the environmental lawyer's bookshelf.' C Abbot, Journal of Environmental Law 'It is a rare to find a volume which consumes one's attention for 765 pages – and rarer still that such a blockbuster be a law book…This book is not solely for environmental enthusiasts – it should be essential reading for anyone concerned with the institutional reform, transparency and accountability in the UK and EU.' C MacKenzie, Cambridge Law Journal

ISBN: 9781782254416

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