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Financial Regulation and Supervision
A post-crisis analysis
Edited by Eddy Wymeersch, Klaus J. Hopt, and Guido Ferrarini
528 pages
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246x171mm
978-0-19-966090-2
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Hardback
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16 August 2012
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- Unique analysis by leading authors on the new regulatory architecture
- Covers the background to the reforms and the likely implications for financial institutions
- Investigates the challenge of international co-operation in financial supervision
- Written by a highly distinguished set of authors
This comprehensive account of financial regulation and supervision in times of crisis analyses the complex changes under way regarding the new financial regulatory structures in the EU. Focusing on the organisation of financial supervision, it deals with the background to the reforms, the architecture of the regulatory system, the likely implications for the financial institutions and the challenge of international co-operation.
Changes in the US have been heavily criticised and in Europe a brand new regulatory system with three new regulatory agencies and a systemic risk board has been developed. National systems are in the process of being
updated. International cooperation, although still difficult, has made progress, with the Financial Stability Board now acting on behalf of the G.20. Central bank cooperation has improved significantly and in the meantime, sectoral regulations are being adapted in full speed, such as Basel III, AIDMD, MiFID and many others. This book gives an overall view of these complex changes.
The first section of the book provides an assessment of the reforms and considers the background to their making. In the section on regulatory structure there is analysis of the new regulatory bodies, their complex competences and actions. The book also takes a critical look at their likely effectiveness. The final section of the work considers the actual implementation of the new rules in
a cross-border context.Readership: Scholars and practising lawyers specialising in financial regulation in Europe and the US.
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Edited by Eddy Wymeersch, University of Gent - Belgium, Klaus J. Hopt, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany, and Guido Ferrarini, Professor of Business Law and Capital Markets Law, University of Genoa; Director of Genoa Centre for Law and Finance Eddy Wymeersch is professor at the University of Gent. He was Chairman of the Committee of European Securities regulators (CESR) (February 2007- July 2010) and of the European Regional Committee of IOSCO, in that capacity also taking part in the Executive and the Technical committee (2006-2010). He was Chairman of the Belgian Commission Bancaire, Financière et des Assurances
(CBFA) (chief executive 2001-2007 and chairman of the supervisory board (2007-2010). He is now chairman of the Public Interest Oversight Board in Madrid.
Professor Guido Ferrarini is Professor of Business Law and Capital Markets Law, University of Genoa and Director of Genoa Centre for Law and Finance.
Klaus J. Hopt is Professor of Law and Director (em.) at the Max Planck Institute for Comparative and International Private Law, Hamburg, Germany Contributors: Julia Black is Professor of Law, London School of Economics and Political Science Sir Howard Davies is Professor of Practice, Paris School of International Affairs, Institut d'Etudes Politiques (Sciences Po) David Green is Former Bank of England and FSA official Niamh Moloney is Professor of Law, London School of Economics and Political Science Eilis Ferran is Professor of Company and Securities Law, Law Faculty, University of Cambridge Chryssa
Papathanassiou is Senior Market Infrastructure Expert, European Central Bank Georgios Zagouras is Legal Counsel, European Central Bank Carmine Di Noia is Deputy Director General and Head of Capital Markets and Listed Companies, ASSONIME Maria Chiara Furlò is undertaking a Law and Economics degree at LUISS University of Rome Guido Ferrarini is Professor of Business Law and Capital Markets Law, University of Genoa Filippo Chiodini is PhD Candidate in Civil, Corporate and International Law, University of Genoa Eddy Wymeersch is Chairman, European Corporate Governance Institute (ECGI) Gerard Hertig is Professor of Law, ETH Zurich Klaus J. Hopt is Professor of Law and Director (em.) at the Max Planck
Institute for Comparative and International Private Law Jaap Winter is Professor of Corporate Governance, Duisenberg School of Finance Antoine Van Cauwenberge is Advisor, Financial Services and Markets Authority, Brussels Eva H. G. Hüpkes is Adviser on Regulatory Policy and Cooperation, Financial Stability Board James D. Cox is Brainerd Currie Professor of Law, Duke University School of Law
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Part I - Financial Reform as a Response to the 2008 crisis
1: J. Black: Restructuring Global and EU Financial Regulation: Character, Capacities and Learning
2: H. Davies: Unfinished Business: An Assessment of the Reforms
3: D. Green: The Relationship Between Micro-Macro-Prudential Supervision and Central Banking
Part II - The New European Supervisory Architecture
4: N. Moloney: Supervision in the Wake of the Financial Crisis: Achieving Effective 'Law in Action' - A Challenge for the EU
5: E. Ferran: Understanding the New Institutional Architecture of EU Financial Market Supervision
6: C. Papathanassiou: A European Framework for Macro-Prudential Oversight
7: C.di Noia and M.C. Furlo: The New Structure of Financial Supervision in Europe - What's Next?
8: G. Ferrarini and F. Chiodini: Nationally Fragmented Supervision over Multinational Banks as a Source of Global Systemic Risk: A Critical Analysis of Recent EU Reforms
9: E. Wymeersch: The European Financial Supervisory Authorities or ESAs
Part III - Regulation in Search for a Purpose
10: G. Hertig: Post-Financial Crisis Trading and Clearing Reforms in the EU: A Story of Interest Groups with Magnified Voice
11: K.J. Hopt: Corporate Governance of Banks After the Financial Crisis
12: J. Winter: The Financial Crisis: Does Good Corporate Governance Matter and How to Achieve it?
Part IV - The International Dimension: New Challenges
13: A. Van Cauwenberge: Developments Regarding Global Cooperation in Supervision of Financial Markets
14: E. Hupkes: The Last Frontier: Protecting Critical Functions Across Borders
15: J. Cox: Extraterritorial Reach of US Financial Laws
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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