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International Monetary and Financial Law

International Monetary and Financial Law The Global Crisis

Author: Mario Giovanoli; Diego Devos
Publisher: Oxford University Press
ISBN: 9780199588411
Published In: June 2010
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Coverage by world-leading practitioners and academics on financial law from Europe, USA, South America and South Africa, from inside the banking community
High level analysis of the reform of the supervision and regulation of banks
Topical coverage of financial crisis resolution
Discussion of illustrative examples and consideration of the Federal Reserve's response to the crisis

This new book from MOCOMILA, the Monetary Law Committee of the ILA, is a unique collaboration of the top academic and practitioner monetary and financial lawyers from around the world. It examines current legal issues of international monetary and financial law in the light of the current global financial crisis and consequent reforms of international and domestic financial architecture. The book deals with post-crisis financial regulation and supervision, including that of rating agencies and sovereign wealth funds, and financial crisis resolution with an analysis of bank rescue operations.

Covering matters of current interest such as central banks, international payments, money laundering, and sovereign debt, this book is for banking and financial practitioners, in-house lawyers, central banks and international financial institutions as well as academics in the field of international and financial law.

Readership: The primary market would be amongst banking and finance solicitors and barristers, in-house legal departments, central banks and international financial institutions as well as academics in the field of international and financial law.

I. The Reform of the International Financial Architecture

1: Mario Giovanoli: The International Financial Architecture and its reform after the crisis

2: Sean Hagan: Reforming the IMF

3: Jonathan T. Fried and James A. Haley: Crisis Prevention: Lessons from Emerging Markets for Advanced Economies

4: William Blair: Standards and the Rule of Law after the Global Financial Crisis

5: James H. Freis Jr.: Promoting Integrity in Financial Markets in light of the G20 Recommendations

II. Financial Regulation and Supervision: the Crisis Test

6: Christos Gortsos: The Proposals of the Larosière Group on the Future of Financial Supervision in the European Community

7: Jean-Victor Louis: The implementation of the Larosière Report: A Progress Report

8: Klaus Peter Follak: The Basel Committee and EU Banking Regulation in the Aftermath of the Credit Crisis

9: Ernest T. Patrikis: The Reform of Financial Regulation in the United States after the Crisis

10: Cynthia C.Lichtenstein: Lessons for 21st Century Bankers: Differences between Investment and Depositary Banking

11: Sandeep Dhama, Charles Proctor and John Taylor: The Reform of Financial Regulation in the United Kingdom after the Crisis

12: Takashi Kubota: Regulation of Rating Agencies: Current and Future

13: John Taylor: Sovereign Wealth Funds and their Regulation

III. Financial Crisis Resolution and Litigation Issues

14: Thomas C. Baxter Jr. and David Gross: The Federal Reserve's Response to the Crisis - Doing Whatever it Takes within its Legal Authority

15: Rene Smits: European Supervisors in the Credit Crisis: Issues of Competence and Competition

16: Bernd Krauskopf: Legislative Measures to Support Financial Market Stability - the German Example and its European Context

17: Eva Huepkes and Diego Devos: Cross-Border Bank Resolution - a Reform Agenda

18: Luc Thevenoz: The Rescue of UBS

19: Sundaram Gopal: How Crisis Resistant is Islamic Finance?

20: Adesegun Akin-Olugbade: The Donegal Case and the African Legal Support Facility

21: Engela Schlemmer: The Enforcement of Sovereign Debt

Part IV. Money, Central Banks and Payment Obligations

22: François Gianviti: The Objectives of Central Banks

23: Manuel Monteagudo Valdez: Neutrality of Money and Central Bank Independence

24: Hideki Kanda and Kazuaki Sono: The Future of Lex Monetae

25: Antonio Sáinz de Vicuña: An Institutional Theory of Money

26: Rudolf Dolzer: Transfer of Funds: Investment Rules and their Relationship to Other International Agreements

27: Benjamin Geva: Global and Cross-Border Credit Transfers: The Role of Legislation in Addressing Legal Risk for Participants

28: Charles Proctor: Indexation and Value Clauses

Edited by Mario Giovanoli, Professor Giovanoli is Emeritus Professor at the University of Lausanne and a member of MOCOMILA, and Diego Devos, Diego Devos is General Counsel of the Bank for International Settlements and a member of MOCOMILA.

Contributors:

Adesegun Akin-Olugbade, Africa Finance Corporation, Lagos
Thomas C. Baxter Jr. , Federal Reserve Bank of New York
The Hon. Mr Justice Blair, the Royal Courts of Justice, London
Diego Devos, Bank for International Settlements
Sandeep Dhama, Berwin Leighton Paisner LLP
Rudolf Dolzer, University of Bonn
Klaus Peter Follak, Würzburg University
James H. Freis Jr., Financial Crimes Enforcement Network, United States Department of the Treasury
Jonathan T. Fried, Canadian Ambassador to Japan
Benjamin Geva, Osgoode Hall Law School of York University, Toronto
François Gianviti, IMF (retired)
Mario Giovanoli, University of Lausanne
Sundaram Gopala, Bank Negara Malaysia
Christos Gortsos, Panteion University of Athens
David Gross, Federal Reserve Bank of New York
Sean Hagan, IMF
James A. Haley, Department of Finance, Canada
Eva Huepkes, Bank for International Settlements
Hideki Kanda, University of Tokyo
Bernd Krauskopf, Deutsche Bundesbank
Takashi Kubota, Waseda University Law School
Cynthia C. Lichtenstein, Boston College Law School (retired)
Jean-Victor Louis, Université libre de Bruxelles
Manuel Monteagudo Valdez, Central Bank of Peru
Ernest T. Patrikis, White & Case LLP, New York
Charles Proctor, Bird & Bird, London
Antonio Sáinz de Vicuña, European Central Bank
Engela Schlemmer, University of South Africa
René Smits, University of Amsterdam
Kazuaki Sono, Hokkaido University
John Taylor, Berwin Leighton Paisner LLP
Luc Thévenoz, University of Geneva

"Many valuable inputs and suggestions are provided by this volume, in which some of the most respected legal scholars on monetary and financial law have come together to share their views, expertise and experience" - Mariachiara Malaguti, Common Market Law Review