Regulating Fraud Across Borders

Author : Edgardo Rotman
Publisher : Bloomsbury Publishing
ISBN 13 : 1509943218
Total Pages : 240 pages
Book Rating : 4.10/5 ( download)

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Download or read book Regulating Fraud Across Borders written by Edgardo Rotman and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when financial crime routinely crosses international boundaries, this book provides a novel understanding of its spread and criminalisation. It traces the international convergence of financial crime regulation with a uniquely comparative approach that examines key institutional and state actors including the European Union, the International Organization of Securities Commissions, as well as the United States, the United Kingdom, Switzerland, France, Italy and Germany, all countries that harbour some of the most influential stock exchanges in the Western world. The book describes and documents the phenomenon of internationalisation of securities frauds – such as insider trading and market manipulation – and the laws criminalising those acts, most notably those responding to recent dramatic transformations in securities markets, high frequency trading, and benchmark manipulation. At the European level, it shows the progressive uniformisation of laws culminating in the 2014 European Union Market Abuse Regulation. The book argues that criminal prohibitions against internationalised market abuse must be understood as an economic and legal imperative to protect financial markets against activities that imperil its integrity, compromising the confidence of investors and thus affecting the economy as a whole. The book is supported by an extensive review of the most significant scholarship in each country.

Author : Group of Ten. Committee on Payment and Settlement Systems
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.71/5 ( download)

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Download or read book Recommendations for Central Counterparties written by Group of Ten. Committee on Payment and Settlement Systems and published by . This book was released on 2004 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mahmood Bagheri
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041198105
Total Pages : 314 pages
Book Rating : 4.05/5 ( download)

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Download or read book International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration written by Mahmood Bagheri and published by Kluwer Law International B.V.. This book was released on 2000-12-06 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

Author : Christian Twigg-Flesner
Publisher : Springer Science & Business Media
ISBN 13 : 1461420474
Total Pages : 91 pages
Book Rating : 4.77/5 ( download)

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Download or read book A Cross-Border-Only Regulation for Consumer Transactions in the EU written by Christian Twigg-Flesner and published by Springer Science & Business Media. This book was released on 2011-11-16 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This Brief argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. The author considers the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. He argues that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods and services across borders, while not upsetting domestic law unnecessarily—in particular in the context of e-commerce, with implications for industry, policymaking, and regional development. The Brief concludes by suggesting that a successful EU measure on cross-border consumer transactions could create a template for global initiatives for transnational consumer law.

Author : Roberts, M.T., Viinikainen, T., Bullon, C.
Publisher : Food & Agriculture Org.
ISBN 13 : 9251359040
Total Pages : 68 pages
Book Rating : 4.44/5 ( download)

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Download or read book International and national regulatory strategies to counter food fraud written by Roberts, M.T., Viinikainen, T., Bullon, C. and published by Food & Agriculture Org.. This book was released on 2022-04-05 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: Food fraud has beset governments for centuries, and the legal responses to it have been uniquely suited to the sensibilities of the time. This publication follows the concept of food fraud described to occur when a fraudster intentionally deceives a customer about the quality and/or contents of the foods they wish to purchase, and such act is done to obtain an undue advantage, most often economic, for the fraudster. The vastness and complexity of food fraud, and the versatility in regulatory approaches can challenge national governments in their attempts to develop a coherent, focused approach to food fraud. To respond to this challenge, this paper introduces the available international regulatory guidance and the potential legal strategies at the national and regional level. It identifies and analyses some of the regulatory approaches to food fraud that countries have chosen and pays attention to the role of the private sector in food fraud regulation.

Author : Eilís Ferran
Publisher : Cambridge University Press
ISBN 13 : 1139851780
Total Pages : 433 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Regulatory Aftermath of the Global Financial Crisis written by Eilís Ferran and published by Cambridge University Press. This book was released on 2012-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU and the US responded to the global financial crisis by changing the rules for the functioning of financial services and markets and by establishing new oversight bodies. With the US Dodd–Frank Act and numerous EU regulations and directives now in place, this book provides a timely and thoughtful explanation of the key elements of the new regimes in both regions, of the political processes which shaped their content and of their practical impact. Insights from areas such as economics, political science and financial history elucidate the significance of the reforms. Australia's resilience during the financial crisis, which contrasted sharply with the severe problems that were experienced in the EU and the US, is also examined. The comparison between the performances of these major economies in a period of such extreme stress tells us much about the complex regulatory and economic ecosystems of which financial markets are a part.

Author : Karl Matthias Meessen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041108999
Total Pages : 294 pages
Book Rating : 4.98/5 ( download)

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Download or read book Extraterritorial Jurisdiction in Theory and Practice written by Karl Matthias Meessen and published by Martinus Nijhoff Publishers. This book was released on 1996-08-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. "Audience: " Civil servants, practising lawyers and academics in the field of international public law and private international law.

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264015108
Total Pages : 206 pages
Book Rating : 4.04/5 ( download)

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Download or read book Quality and Recognition in Higher Education The Cross-border Challenge written by OECD and published by OECD Publishing. This book was released on 2004-07-27 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives an updated overview of how a number of countries are dealing with cross-border education as well as examining international frameworks on recognition of qualifications including UNESCO Regional Conventions and trade agreements.

Author : Manuel Kellerbauer
Publisher : Oxford University Press
ISBN 13 : 0192513419
Total Pages : 2463 pages
Book Rating : 4.10/5 ( download)

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Download or read book The EU Treaties and the Charter of Fundamental Rights written by Manuel Kellerbauer and published by Oxford University Press. This book was released on 2019-05-16 with total page 2463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

Author :
Publisher :
ISBN 13 :
Total Pages : 1932 pages
Book Rating : 4.79/5 ( download)

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Download or read book Financial Services and General Government Appropriations for 2011, Part 4, February 2010, 111-2 Hearings written by and published by . This book was released on 2010 with total page 1932 pages. Available in PDF, EPUB and Kindle. Book excerpt: