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The Capability Approach to Labour Law
Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.
Capable Women, Incapable States: Negotiating Violence and Rights in India (Modern South Asia)
by Poulami RoychowdhuryIn recent decades, the issue of gender-based violence has become heavily politicized in India. Yet, Indian law enforcement personnel continue to be biased against women and overburdened. In Capable Women, Incapable States, Poulami Roychowdhury asks how women claim rights within these conditions. Through long term ethnography, she provides an in-depth lens on rights negotiations in the world's largest democracy, detailing their social and political effects. Roychowdhury finds that women interact with the law not by following legal procedure or abiding by the rules, but by deploying collective threats and doing the work of the state themselves. And they behave this way because law enforcement personnel do not protect women from harm but do allow women to take the law into their own hands.These negotiations do not enhance legal enforcement. Instead, they create a space where capable women can extract concessions outside the law, all while shouldering a new burden of labor and risk. A unique theory of gender inequality and governance, Capable Women, Incapable States forces us to rethink the effects of rights activism across large parts of the world where political mobilization confronts negligent criminal justice systems.
CAPABLE WOMEN, INCAPABLE STATES MSA C: Negotiating Violence and Rights in India (Modern South Asia)
by Poulami RoychowdhuryIn recent decades, the issue of gender-based violence has become heavily politicized in India. Yet, Indian law enforcement personnel continue to be biased against women and overburdened. In Capable Women, Incapable States, Poulami Roychowdhury asks how women claim rights within these conditions. Through long term ethnography, she provides an in-depth lens on rights negotiations in the world's largest democracy, detailing their social and political effects. Roychowdhury finds that women interact with the law not by following legal procedure or abiding by the rules, but by deploying collective threats and doing the work of the state themselves. And they behave this way because law enforcement personnel do not protect women from harm but do allow women to take the law into their own hands.These negotiations do not enhance legal enforcement. Instead, they create a space where capable women can extract concessions outside the law, all while shouldering a new burden of labor and risk. A unique theory of gender inequality and governance, Capable Women, Incapable States forces us to rethink the effects of rights activism across large parts of the world where political mobilization confronts negligent criminal justice systems.
Capacitas: Contract Law and the Institutional Preconditions of a Market Economy
by Simon Deakin Alain SupiotOne of the principal tasks for legal research at the beginning of the 21st century is to reconstruct the understanding of the relationship between the legal system and the market order. After almost three decades of deregulation driven by a belief in the self-equilibrating properties of the market, the financial crisis of 2008 has reminded everyone of the fundamental truth that markets have legal and institutional foundations, without which they cannot effectively function. The chapters in the present volume are the result of work by a group of legal scholars which began in the mid-2000s, at a time when the shortcomings of deregulatory policies were becoming clear in a number of contexts. The chapters address the question of how the language of contract law describes or conceptualises the market order and the relationship of the law to it. The perspectives taken are, in turn, historical, comparative, and context-specific. The focus of the book is on a foundational idea, the concept of capacitas, which signifies a status conferred upon citizens for the purpose of enabling them to participate in the economic life of the polity. In modern legal systems, 'capacity' is the principal juridical mechanism by which individuals and entities are empowered to enter into legally binding agreements and, more generally, to arrange their affairs using the instruments of private law. Legal capacity is thereby the gateway to involvement in the operations of a market economy.
Capacity Assessment and the Law: Problems and Solutions
by Kelly PurserThis book discusses theoretical issues, standards, and professional considerations arising when legal and health practitioners undertake legal capacity assessments in the context of wills, enduring powers of attorney and advance health directives. The potential loss of cognition can erode autonomy as individuals lose the ability to make their own legally recognised decisions. This is an inescapable problem with significant legal, social, health and policy repercussions. This work synthesises and critically analyses the existing literature, including some of the best assessment models and guiding principles internationally, to generate a new methodology and understanding of what capacity assessment best practice means. This includes the impact of assessments on individual autonomy - the ideal method building upon respect for both autonomy as well as fundamental human rights. The triggers to assess capacity, who to involve in the assessment process, as well as how to conduct that assessment process are discussed. The crucial relationship between the legal and health professionals involved in assessments, including growing concerns around practitioner liability, is also explored. This analysis is undertaken through the innovative use of a therapeutic jurisprudence lens, the effect of which is to contribute new knowledge to this complex field.
Capacity Building in National Environmental Policy: A Comparative Study of 17 Countries
by H. JörgensThis book is the second collection of systematic case studies describing national environmental policies in 17 countries in terms of capacity building (see Appen dix). The OECD defines environmental capacity building as "a society's ability to identify and solve environmental problems. " While various institutions, including UNEP, FAO, World Bank and OECD, have hitherto used the terms environmental capacity and capacity building almost exclusively with reference to developing countries, we have extended the concepts to industrialized countries, as well. The first collection, edited by Martin Janicke, Helge Joergens (both Free University Berlin) and Helmut Weidner (Social Science Research Center Berlin), was pub lished in 1997 under the title "National Environmental Policies - A Comparative Study of Capacity-Building" (Berlin, etc. : Springer Verlag). It included 13 studies of countries. As in the first volume, chapter I presents the conceptual framework underlying the national case studies. It is a slightly shorter version of the corresponding chap ter in volume I. The design of all case studies in the two volumes is largely con gruent with this conceptual framework. Although the various sections of the stud ies do not always have identical titles and subtitles, the central elements of the capacity-building approach have been applied in all cases.
The Capacity Crisis in Disaster Risk Management: Why disaster management capacity remains low in developing countries and what can be done (Environmental Hazards)
by Asmita TiwariHow can a place be built and managed so that it is safe for people to live? Ironically, many governments and citizens keep on asking the same question after every new disaster. Why, even with high levels of investment in increasing government’s capacity to manage disasters, do the impacts of disasters continue to increase? What can the governments do differently? What is the role of local communities? Where should aid agencies invest? This book looks into these critical questions and highlights how current capacity development efforts might be resulting in the opposite—capacity crisis or capability trap. The book provides a new approach for the understanding and the developing of effective local capacity to reduce and manage future disaster impacts.
The Capacity for Ethical Conduct: On psychic existence and the way we relate to others
by David P. LevineWhat is the root cause of ethical failure? Why is preoccupation with ethics more a part of the problem than a part of the solution? What makes ethical conduct a natural expression of who we are? What enables us to be ourselves in our relations with others? Ethical failure has become a significant concern in public life, in organizations and in educational institutions. The Capacity for Ethical Conduct explores how qualities of character and personality either make ethical conduct possible for the individual or foster ethical failure. David Levine discusses how ethical conduct is a special way of relating to others, one that secures respect for their integrity by assuring that what they do can express who they are. He argues that this special way of relating to others results not from knowledge of, or a stated commitment to, rules, norms and values, but from the way we experience ourselves, especially from our ability to make a positive emotional investment in being and having a self. Traditionally, emphasis on the importance of values and ethics in shaping conduct tends to be connected to the need to find fault in self and others, fostering an atmosphere where the self is put at risk in its relations to others. This means that an excessive emphasis on ethics, rather than assuring ethical conduct, tends instead to create interpersonal settings marked by emotional assault. Because of this, talk about ethics often expresses ambivalence about ethical conduct, which makes the familiar combination of preoccupation with ethics and ethical failure unsurprising. The Capacity for Ethical Conduct explores the ways in which the interpersonal world of work either fosters a feeling of safety or encourages various forms of emotional assault. Presenting case studes and applying psychoanalytic object relation theory and self psychology, this book explores the factors underlying ethical failure and the capacity for ethical conduct. It will be of interest to scholars and practioners in the fields of psychoanalysis, psychology, philosophy, sociology, organizational dynamics, management and public administration.
The Capacity for Ethical Conduct: On psychic existence and the way we relate to others
by David P. LevineWhat is the root cause of ethical failure? Why is preoccupation with ethics more a part of the problem than a part of the solution? What makes ethical conduct a natural expression of who we are? What enables us to be ourselves in our relations with others? Ethical failure has become a significant concern in public life, in organizations and in educational institutions. The Capacity for Ethical Conduct explores how qualities of character and personality either make ethical conduct possible for the individual or foster ethical failure. David Levine discusses how ethical conduct is a special way of relating to others, one that secures respect for their integrity by assuring that what they do can express who they are. He argues that this special way of relating to others results not from knowledge of, or a stated commitment to, rules, norms and values, but from the way we experience ourselves, especially from our ability to make a positive emotional investment in being and having a self. Traditionally, emphasis on the importance of values and ethics in shaping conduct tends to be connected to the need to find fault in self and others, fostering an atmosphere where the self is put at risk in its relations to others. This means that an excessive emphasis on ethics, rather than assuring ethical conduct, tends instead to create interpersonal settings marked by emotional assault. Because of this, talk about ethics often expresses ambivalence about ethical conduct, which makes the familiar combination of preoccupation with ethics and ethical failure unsurprising. The Capacity for Ethical Conduct explores the ways in which the interpersonal world of work either fosters a feeling of safety or encourages various forms of emotional assault. Presenting case studes and applying psychoanalytic object relation theory and self psychology, this book explores the factors underlying ethical failure and the capacity for ethical conduct. It will be of interest to scholars and practioners in the fields of psychoanalysis, psychology, philosophy, sociology, organizational dynamics, management and public administration.
Capacity for Welfare across Species
by Tatjana VišakIs my dog, with his joyful and carefree life, better off than I am? Do hens in battery cages have worse lives than cows at pasture? Will my money improve welfare more if I spend it on helping people or if I benefit chickens? How can we assess the harm of climate change for both humans and non-humans? If we want to systematically compare welfare across species, we first need to explore whether welfare subjects of different species have the same or rather a different capacity for welfare. According to what seems to be the dominant philosophical view, welfare subjects with higher cognitive capacities have a greater capacity for welfare and are generally much better off than those with lower cognitive capacities. Višak carefully explores and rejects this view. She argues instead that welfare subjects of different species have the same capacity for welfare despite different cognitive capacities. This book prepares the philosophical ground for comparisons of welfare across species. It will inform and inspire ethicists and animal welfare scientists alike, as well as a broader readership interested in wellbeing, animals, and ethics. Besides different views about capacity for welfare across species, the book discusses animal capacities, moral status, harm of death, whether bringing additional well-off individuals into existence is a good thing, and practical implications of these topics for counting and comparing the welfare of animals of different species.
Capacity for Welfare across Species
by Tatjana VišakIs my dog, with his joyful and carefree life, better off than I am? Do hens in battery cages have worse lives than cows at pasture? Will my money improve welfare more if I spend it on helping people or if I benefit chickens? How can we assess the harm of climate change for both humans and non-humans? If we want to systematically compare welfare across species, we first need to explore whether welfare subjects of different species have the same or rather a different capacity for welfare. According to what seems to be the dominant philosophical view, welfare subjects with higher cognitive capacities have a greater capacity for welfare and are generally much better off than those with lower cognitive capacities. Višak carefully explores and rejects this view. She argues instead that welfare subjects of different species have the same capacity for welfare despite different cognitive capacities. This book prepares the philosophical ground for comparisons of welfare across species. It will inform and inspire ethicists and animal welfare scientists alike, as well as a broader readership interested in wellbeing, animals, and ethics. Besides different views about capacity for welfare across species, the book discusses animal capacities, moral status, harm of death, whether bringing additional well-off individuals into existence is a good thing, and practical implications of these topics for counting and comparing the welfare of animals of different species.
Capacity Mechanisms in EU Energy Law: Ensuring Security of Supply in the Energy Transition
by Kaisa HuhtaMany states – including European Union (EU) Member States – subsidise energy producers in order to guarantee the uninterrupted availability of affordable electricity. This book presents the first in-depth examination of how these so-called capacity mechanisms are addressed in EU law and how they affect the functioning of the EU energy markets. Focusing on the existing legal framework as well as the new provisions of the Clean Energy for All Europeans package for capacity mechanisms, the author addresses and analyses such aspects as the following: the structure and functioning of the EU electricity markets; EU’s competence to address security of supply and Member States’ margin of discretion; sector-specific rules for security of supply; legal conditions for subsidising generation adequacy; capacity remuneration under the EU State aid regime; free movement rules that address generation adequacy measures; balancing different interests of EU energy law in the context of generation adequacy; and the requirement of proportionality in State intervention to ensure generation adequacy. The analysis draws on relevant sources of EU law (treaties, regulations and directives) as well as the case law of the European Court of Justice and the General Court, together with soft law instruments such as Commission guidelines. Scholarly sources include not only legal literature but also work on energy policy, energy engineering and energy economics. As a detailed analysis of how capacity mechanisms address issues arising in the context of the enegy transition – and how the system of EU law applicable to capacity mechanisms should be interpreted to further the objectives of EU energy law – the book will help policymakers and legislators in Member States to understand the changing legal setting for capacity mechanisms. Lawyers, academics and other professionals who deal with EU electricity markets in the EU and beyond are sure to welcome its detailed description and analysis.
Capacity Mechanisms in the EU Energy Market: Law, Policy, and Economics
by Leigh Hancher Adrien De Hauteclocque Malgorzata SadowskaEnsuring an adequate, long-term energy supply is a paramount concern in Europe. EU member states now intervene by encouraging investment in generation capacity, offering an additional revenue stream for conventional power plants in addition to the existing, heavily subsidised investments in renewable energy sources. These capacity remuneration mechanisms (or simply capacity mechanisms) have become a hot topic in the wider European regulatory debate. European electricity markets are increasingly interconnected, so the introduction of a capacity mechanism in one country not only distorts its national market but may have unforeseeable consequences for neighbouring electricity markets. If these mechanisms are adopted by several member states with no supra-national coordination and no consideration for their cross-border impact, they may cause serious market distortions and put the future of the European internal electricity market at risk. This book provides readers with an in-depth analysis of capacity mechanisms, written by an expert team of policy-makers, economists, and legal professionals. It will be a first point of reference for regulators and policy-makers responsible for designing optimal capacity mechanisms in Europe, and will be an invaluable resource for academics and practitioners in the fields of energy, regulation, and competition.
Capacity Mechanisms in the EU Energy Markets: Law, Policy, and Economics
by Leigh Hancher, Adrien De Hauteclocque, Kaisa Huhta and Małgorzata SadowskaCapacity remuneration mechanisms (or simply capacity mechanisms) have become a fact of life in member states' energy markets and are one of the hottest topics in the wider European regulatory debate. Concerned about the security of electricity supply, national governments are implementing subsidy schemes to encourage investment in conventional power generation capacity, alongside already heavily subsidized renewable energy sources. With the increasingly connected European electricity markets, the introduction of a capacity mechanism in one country not only tends to distort its national market but may also have unforeseeable consequences for neighbouring electricity markets. As these mechanisms are adopted by member states with limited supra-national coordination as well as consideration for the cross-border impact, they tend to cause serious market distortions and put the future of the European internal electricity market at risk. This second edition will take stock of how capacity mechanisms have actually worked so far and consider the consequences they have for the European internal electricity market. It will include a detailed overview of national capacity mechanisms, their implications for the EU internal market, and will outline the nature of market failures which are likely to occur in the European electricity markets. This edition is intended to serve as a point of reference for regulators and policy-makers on how to design optimal capacity mechanisms in Europe. It will be an invaluable resource for anyone interested in energy market design, regulation, and competition issues.
Capacity Mechanisms in the EU Energy Markets: Law, Policy, and Economics
Capacity remuneration mechanisms (or simply capacity mechanisms) have become a fact of life in member states' energy markets and are one of the hottest topics in the wider European regulatory debate. Concerned about the security of electricity supply, national governments are implementing subsidy schemes to encourage investment in conventional power generation capacity, alongside already heavily subsidized renewable energy sources. With the increasingly connected European electricity markets, the introduction of a capacity mechanism in one country not only tends to distort its national market but may also have unforeseeable consequences for neighbouring electricity markets. As these mechanisms are adopted by member states with limited supra-national coordination as well as consideration for the cross-border impact, they tend to cause serious market distortions and put the future of the European internal electricity market at risk. This second edition will take stock of how capacity mechanisms have actually worked so far and consider the consequences they have for the European internal electricity market. It will include a detailed overview of national capacity mechanisms, their implications for the EU internal market, and will outline the nature of market failures which are likely to occur in the European electricity markets. This edition is intended to serve as a point of reference for regulators and policy-makers on how to design optimal capacity mechanisms in Europe. It will be an invaluable resource for anyone interested in energy market design, regulation, and competition issues.
The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded
by Hungdah ChiuMter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e. , the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber some. 1 E. g. , the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.
Capacity, Participation and Values in Comparative Legal Perspective
by Camillia Kong, John Coggon, Penny Cooper, Michael Dunn andWith contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
Capacity, Participation and Values in Comparative Legal Perspective
by Camillia Kong John Coggon Penny Cooper Michael Dunn Alex Ruck KeeneWith contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
Capacity Withdrawals in the Electricity Wholesale Market: Between Competition Law and Regulation (Munich Studies on Innovation and Competition #7)
by Panagiotis TsangarisThis book examines the issue of capacity withdrawals in the electricity wholesale market. Electricity generators can exercise market power in the wholesale market either by withdrawing generation capacity, or by pricing above competitive levels in order to achieve a higher market price and, thereby, increase revenues. After a comprehensive explanation of capacity withdrawal practices and the issues that arise when proceeding under competition law, the book analyses whether an increased state of transparency, as provided for in the REMIT and Regulation 543/2013, could facilitate the efficient functioning of electricity wholesale markets and the investigation of capacity withdrawal practices. It also examines the effect of the prohibition of market manipulation as prescribed in the REMIT in dealing with abusive capacity withdrawals in the electricity wholesale market.
The Cape Town Convention: A Documentary History (Hart Studies in Commercial and Financial Law)
by Anton DidenkoThis book is the first detailed and comprehensive research of the history of the Cape Town Convention and its protocols. It critically engages with the challenges faced by the developers of this treaty, analyses thousands of pages of archived materials and derives important lessons for the development of transnational commercial law globally. The book is an invaluable addition to the existing literature on the Cape Town Convention. It also informs the debate about harmonisation of secured transactions regimes generally, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while the treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisors engaged in harmonisation of commercial law.The text covers all four protocols to the Cape Town Convention, including the MAC Protocol adopted on 22 November 2019 in Pretoria.
The Cape Town Convention: A Documentary History (Hart Studies in Commercial and Financial Law)
by Anton DidenkoThis book is the first detailed and comprehensive research of the history of the Cape Town Convention and its protocols. It critically engages with the challenges faced by the developers of this treaty, analyses thousands of pages of archived materials and derives important lessons for the development of transnational commercial law globally. The book is an invaluable addition to the existing literature on the Cape Town Convention. It also informs the debate about harmonisation of secured transactions regimes generally, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while the treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisors engaged in harmonisation of commercial law.The text covers all four protocols to the Cape Town Convention, including the MAC Protocol adopted on 22 November 2019 in Pretoria.
Capital and Capitalism: Old Myths, New Futures (Routledge Frontiers of Political Economy)
by Rogene A. BuchholzCapitalist societies need to undergo major change to provide for the material needs of all the people who work within the system, not just the 1 percent. They have become dysfunctional and need a different kind of orientation to continue in existence. Instead of creating wealth, which is what they are supposed to accomplish, they have created nothing but debt for the past several decades and are now in serious trouble with regard to finding the wherewithal to keep on functioning as viable societies that can provide job opportunities for their workers and the promise of a better life in the future for their citizens. The coronavirus pandemic has exposed just how many people live paycheck to paycheck and have not been able to accumulate any kind of savings. The 1 percent, meanwhile, have benefited greatly and have vastly increased their wealth over the past several decades. This book does not advocate the need to turn to a form of socialism, however, to give most workers a chance at a decent life for themselves. What is needed is a redefinition of capitalism to make it work for everyone. Capital and Capitalism seeks to uncover various myths about capitalism that hinder our ability to change the system and discuss the task of redefining capitalism by examining where neo-liberalism went wrong and what role restructuring the corporation along stakeholder lines can play in making capitalism more responsive to the entire society.It will be of interest to researchers, academics, and students in the fields of business and society, leadership, and business ethics.
Capital and Capitalism: Old Myths, New Futures (Routledge Frontiers of Political Economy)
by Rogene A. BuchholzCapitalist societies need to undergo major change to provide for the material needs of all the people who work within the system, not just the 1 percent. They have become dysfunctional and need a different kind of orientation to continue in existence. Instead of creating wealth, which is what they are supposed to accomplish, they have created nothing but debt for the past several decades and are now in serious trouble with regard to finding the wherewithal to keep on functioning as viable societies that can provide job opportunities for their workers and the promise of a better life in the future for their citizens. The coronavirus pandemic has exposed just how many people live paycheck to paycheck and have not been able to accumulate any kind of savings. The 1 percent, meanwhile, have benefited greatly and have vastly increased their wealth over the past several decades. This book does not advocate the need to turn to a form of socialism, however, to give most workers a chance at a decent life for themselves. What is needed is a redefinition of capitalism to make it work for everyone. Capital and Capitalism seeks to uncover various myths about capitalism that hinder our ability to change the system and discuss the task of redefining capitalism by examining where neo-liberalism went wrong and what role restructuring the corporation along stakeholder lines can play in making capitalism more responsive to the entire society.It will be of interest to researchers, academics, and students in the fields of business and society, leadership, and business ethics.
Capital and Liquidity Requirements for European Banks (Oxford EU Financial Regulation)
by Bart P.M. Joosen, Marco Lamandini, Tobias TrögerPart of the Oxford EU Financial Regulation Series, this book analyses the harmonised legislative framework for capital adequacy and liquidity supervision in the Single Rule Book for European banks. It brings together leading experts in the field of prudential banking regulation and accounting to provide an in-depth analysis of the regulatory framework. Capital and Liquidity Requirements for EU Banks goes far beyond the existing rules and standards, not only by looking into the historical realisation of the European Single Rule Book (SRB) for capital adequacy and liquidity supervision, but also by going deeply into the background of the standards put forward by the Basel Committee for Banking Supervision, the global rule-maker for the financial sector. The insights provided into the historical and normative background are essential in order to facilitate a more constructive interpretation of the extensive rules of the SRB The book also delivers a deeper understanding of the various policy choices that Europe has made in the transposition of the Basel standards. An important reference source for all legal practitioners and scholars researching European financial regulation, this new volume provides an extensive representation of the key topics, affording the reader unique insights into the interrelation and the interplay of the various prudential rules and standards in Europe.
Capital and Liquidity Requirements for European Banks (Oxford EU Financial Regulation)
Part of the Oxford EU Financial Regulation Series, this book analyses the harmonised legislative framework for capital adequacy and liquidity supervision in the Single Rule Book for European banks. It brings together leading experts in the field of prudential banking regulation and accounting to provide an in-depth analysis of the regulatory framework. Capital and Liquidity Requirements for EU Banks goes far beyond the existing rules and standards, not only by looking into the historical realisation of the European Single Rule Book (SRB) for capital adequacy and liquidity supervision, but also by going deeply into the background of the standards put forward by the Basel Committee for Banking Supervision, the global rule-maker for the financial sector. The insights provided into the historical and normative background are essential in order to facilitate a more constructive interpretation of the extensive rules of the SRB The book also delivers a deeper understanding of the various policy choices that Europe has made in the transposition of the Basel standards. An important reference source for all legal practitioners and scholars researching European financial regulation, this new volume provides an extensive representation of the key topics, affording the reader unique insights into the interrelation and the interplay of the various prudential rules and standards in Europe.