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International Monetary and Banking Law post COVID-19

International Monetary and Banking Law post COVID-19

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780192869753
  • Published In: May 2023
  • Format: Hardback , 480 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    • Offers an overview and legal analysis of the international financial aspects of the COVID-19 pandemic crisis
    • Written by an author team who are leading experts in international monetary and banking law
    • Grouped in four parts, each dealing in a systematic way with the main aspects covered: the response of international financial fora and central banks to the COVID-19 crisis, digitalisation of money and finance, sustainable finance and selected legal aspects of central banking, debt payment, and banking regulation

     

    The COVID-19 pandemic and the global response to it has led to a major upheaval of the international banking sector. This book has an international reach and constitutes a blend between theory and international, EU, comparative and national law and practice, with the primary purpose to review the impact of the COVID-19 pandemic on the architecture and content of international monetary and banking law. Part I is focused on this aspect, considering the response of international financial fora and some major central banks all over the globe to the crisis.

    A secondary purpose is considered in Parts II and III, offering a thorough overview, analysis, and discussion of two main issues which currently are of a significant importance for, and have heavy impact on, the law governing monetary policy and relations, banking regulation and payment systems law: (i) digitalisation of money and finance and (ii) sustainable finance.

    Other selected legal aspects relating to central banking, as well as to banking regulation and supervision are finally discussed in Part IV, and in particular central banks' independence and accountability, unconventional monetary policies, comparative aspects of central banking and banking failures, legal aspects of monetary integration, and the legal nature of financial standards.

    The individual Chapters are written, exclusively, by members of the Committee on International Monetary Law of the International Law Association (MOCOMILA) and reflect the global composition of this Committee of leading experts in international monetary and banking law from international financial institutions, central banks, the academia, the judiciary, and legal practice.

  • Introduction
    Part I: Responses to the COVID-19 Crisis and Maintenance of Financial Stability
    1:The Role of International Financial Fora in Preserving Global Financial Stability amidst the Pandemic Crisis: The First 18 Months
    2:Measures Taken by the Federal Reserve in Response to Financial Stress in the U.S. Economy Arising Out of the Global Pandemic
    3:The Response of Central Banks to the COVID-19 Crisis: Legal Aspects of the ECB's Monetary Policy Measures
    4:The Response of Central Banks to the COVID-19 Crisis: Legal Aspects of the Bank of England's Policy Measures
    5:Central Bank Policy Responses to the Effects of COVID-19 on the Brazilian Economy
    6:Maintaining Financial Stability in China: Legal and Institutional Framework
    Part II: Digitalisation of Money and Finance
    7:Lex Cryptographica Financiera
    8:Towards an international framework for the regulation and supervision of “stablecoins”
    9:The Evolution of New Forms of Money and the Economic Constitution
    10:Payment in Digital Currency: The Legal Challenge
    11:Regulation of Crypto Assets: The EU Perspective
    12:Japanese and International Law Developments of Crypto and Digital Currencies
    13:Regulating Financial Data in the Digital Era
    Part III: Sustainable Finance
    14:The Evolution of the Regulatory Framework Governing Climate Change and Sustainable Finance in the EU and UK
    15:Digitalization and Sustainability: Implications for Financial Law from a Japanese Perspective
    16:The Emerging Human Rights and Environmental Responsibility of Financial Institutions
    Part IV: Legal Aspects of Central Banking and Banking Regulation and Supervision
    17:Independence and Accountability of Central Banking
    18:Unconventional Monetary Policy in the Euro Area: A Comparative Analysis with the Unconventional Monetary Policy of the Federal Reserve
    19:Central Banking in Taiwan: Governance, Functions, Monetary, and Exchange Rate Policies
    20:Legal Framework for Monetary Integration in West Africa - AFCFTA
    21:Supervisory Lessons from Bank Failures in Uganda
    22:Financial Standards Are Not Legally Binding - Or Are They?

  • Edited by William Blair, Associate Member, former Judge of Londonâs Commercial Court, and Professor of Financial Law and Ethics at the Centre for Commercial Law Studies, Queen Mary University of London,, 3 Verulam Buildings, Christos Gortsos, Professor of Public Economic Law at the Law School of the National and Kapodistrian University of Athens, Law School of the National and Kapodistrian University of Athens, and Chiara Zilioli, General Counsel of the ECB

     

     

    Sir William Blair studied law at Oxford University and practised at the English bar specialising in banking and finance. He became a High Court judge in 2008 and Judge in Charge of the Commercial Court in 2017-18. Professor of Financial Law and Ethics at the Centre for Commercial Law Studies, Queen Mary University of London, he is Chair of the Enforcement Decision Making Committee of the Bank of England, an international arbitrator at 3VB Chambers where he helped establish the pro bono International Advisory and Dispute Resolution Unit, and a judge of the Qatar International Court.

    Chiara Zilioli holds an LL.M. from Harvard Law School and a Ph.D. from the European University Institute. She is the General Counsel of the European Central Bank. She has been appointed Professor at the Law Faculty of the J-W Goethe Universität, Frankfurt am Main, where she lectures regularly. She is also professor at the Law department of the LUISS University, Rome, and at the Collegio Europeo di Parma, Italy. In 2012 she has given a course at the Academy of European Law of the European University Institute. Chiara Zilioli is a member of the Italian Bar, is married and has four children.

    Christos Gortsos is Professor of Public Economic Law at the Law School of the National and Kapodistrian University (NKUA) of Athens. He studied, at undergraduate and graduate level, law, economics, finance, as well as international history and politics at the NKUA and the Universities of Zurich, Pennsylvania (Wharton Business School) and Geneva (Graduate Institute of International Studies), where he also obtained his PhD degree. Currently, he is, inter alia, Vice-President of the Board of Appeal of the European Supervisory Authorities, President of the Academic Board of the European Banking Institute (EBI), and Member of the European Parliament's Expert Group on banking resolution.

     

     

     

    Contributors:

    Adesegun Akin-Olugbade
    Agasha Mugasha
    Antonio Luca Riso
    Benjamin Geva:
    Bo Li
    Chiara Zilioli
    Christoph Martin Ohler
    Christos V. Gortsos
    Cristiano Cozer
    Eva Hüpkes
    Hideki Kanda
    Jason Allen
    Jean-Victor Louis
    John Taylor
    Luis Urrutia Corral
    Manuel Monteagudo Valdez
    Pengyu He
    Peter Follak
    Régis Bismuth
    Rosa Lastra
    Sir William Blair
    Sonya Branch
    Syue-ming Yu
    Takashi Kubota
    Theodora Christou
    Thomas Baxter

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