International Law in Financial Regulation and Monetary Affairs

Hardcover | January 4, 2013

EditorJohn H. Jackson, Thomas Cottier, Rosa M. Lastra

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The early twenty-first century has seen a conspicuous absence of formal international law concerning money and finance. This book argues that this lack of formal international regulation was a significant contributing factor to the global financial crisis that began in 2007. It focuses on thislack of global substantive principles and "hard law" rules in the field of financial regulation and monetary affairs, and analyses the emerging framework within international law that aims to govern financial institutions and markets. The global financial crisis has demonstrated the essential needfor financial and monetary regulatory reform, and for the establishment of appropriate mechanisms for the settlement of financial disputes and for the regulation of cross-border financial institutions. This book therefore presents the foundations of solutions that could fill these critical gaps ininternational financial law. It addresses cross-border issues, financial regulation, and provides detailed analyses of monetary policies and regulation. This book is an updated collection of papers first published in the Special Edition of the Journal of International Economic Law on "The Quest for International Law in Financial Regulation and Monetary Affairs" (Volume 12, Number 3, September 2010), which also show that the regulatory hands-offapproach was not replicated in other areas of international economic law. International trade regulation witnessed an increased number of international rules and the reinforcement of a rule-oriented, if not rule-based, approach. Judicial dispute settlement and retaliation, exclusively based uponinternational ruling and authorization, was reinforced. Given the importance of trade regulation and WTO law, which has an established institutional and legal framework, the book therefore provides a much-needed comparative approach.

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The early twenty-first century has seen a conspicuous absence of formal international law concerning money and finance. This book argues that this lack of formal international regulation was a significant contributing factor to the global financial crisis that began in 2007. It focuses on thislack of global substantive principles and "...

John H. Jackson is University Professor at the Georgetown University Law Center in Washington, D.C.. He has served as Associate Vice President for Academic Affairs at the University of Michigan and as General Counsel for the Office of the President's Special Representative for Trade in the U.S. Executive Office of the President in Was...

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Format:HardcoverDimensions:512 pages, 9.21 × 6.14 × 0.01 inPublished:January 4, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199668191

ISBN - 13:9780199668199

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Table of Contents

Thomas Cottier and Rosa Lastra: IntroductionI. The Crisis of 2007-2009: Nature, Causes, and Reactions1. Rosa M. Lastra and Geoffrey Wood: The Crisis Of 2007-09: Nature, Causes, and ReactionsII. Architecture and Conceptual Issues2. R. Michael Gadbaw: Systemic Regulation Of Global Trade and Finance: A Tale of Two Systems3. Andreas F. Lowenfeld: The International Monetary System: A Look Back Over Seven Decades4. Luis Garicano and Rosa M. Lastra: Towards a New Architecture for Financial Stability: Seven Principles5. Chris Brummer: Why Soft Law Dominates International Finance - and Not Trade6. Joseph J. Norton: The 'Santiago Principles' for Sovereign Wealth Funds: A Case Study on International Financial Standard-Setting ProcessesIII. Financial Market Regulation7. Christian Tietje and Matthias Lehmann: The Role and Prospects of International Law in Financial Regulation and Supervision8. Rolf H. Weber: Multilayered Governance in International Financial Regulation and Supervision9. Charles A. E. Goodhart and Rosa M. Lastra: Border Problems10. Joel P. Trachtman: The International Law of Financial Crisis: Spillovers, Subsidiarity, Fragmentation, and Cooperation11. Steve Charnovitz: Addressing Government Failure Through International Financial Law12. Hal S. Scott: Reducing Systemic Risk Through The Reform of Capital Regulation13. Christine Kaufmann and Rolf H. Weber: The Role of Transparency in Financial Regulation14. Donald C. Langevoort: Global Securities Regulation After The Financial CrisisIV. Trade, Competition, and Tax Related Aspects15. Thomas Cottier and Markus Krajewski: What Role for Non-Discrimination and Prudential Standards in International Financial Law?16. Panagiotis Delimatsis and Pierre Sauve': Financial Services Trade After The Crisis: Policy and Legal Conjectures17. Gary N. Horlick and Peggy A. Clarke: WTO Subsidies Discipline During and After The Crisis18. Philip Marsden and Ioannis Kokkoris: The Role of Competition and State Aid Policy in Financial and Monetary Law19. Kern Alexander: International Regulatory Reform and Financial TaxesV. Monetary Regulation20. Ernst Baltensperger and Thomas Cottier: The Role of International Law in Monetary Affairs21. Gary Hufbauer and Daniel Danxia Xie: Financial Stability and Monetary Policy: Need for International Surveillance22. Sean Hagan: Enhancing The IMF's Regulatory AuthorityThomas Cottier and Rosa Lastra: Conclusion