Investor Protection in Europe: Corporate Law Making, The MiFID and Beyond by Guido FerrariniInvestor Protection in Europe: Corporate Law Making, The MiFID and Beyond by Guido Ferrarini

Investor Protection in Europe: Corporate Law Making, The MiFID and Beyond

EditorGuido Ferrarini, Eddy Wymeersch

Hardcover | November 26, 2006

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EU policy in the area of corporate governance and capital markets is being reoriented. Harmonization is less frequently seen as a concept in company law; regulatory competition is on the rise; and experiments in soft law are being carried out. Several Member States have recently reformed theircorporate laws, wither as a reaction to financial scandals or in an effort to enhance investment. Convergence has increased as a result, particularly towards Anglo-American standards. Yet differences still exist, profoundly rooted in national systems of corporate governance. By contrast, capitalmarkets law would seem to be an exception, having undergone intense harmonization in the last few years through the Lamfalussy regulatory architecture. Nonetheless, a European system of securities regulation is not yet in place. Regulation is predominantly domestic, while private laws affectingcapital markets are still divergent. This volume examines the ongoing debate from an interdisciplinary perspective. Part 1 explores the political determinants of corporate governance and evaluates likely convergence and the role of regulatory competition. Part 2 considers the Markets in Financial Instruments Directive (MIFID) and itscentral role in harmonizing EU securities trading. Part 3 analyzes the MiFID more deeply and explores other measures including the Prospectus and Transparency Directives. Part 4 offers future perspectives on the post-FSAP era.
Guido Ferrarini is Professor of Law at the University of Genoa and Director of the Centre for Law and Finance. Eddy Wymeersch is Professor at the University of Ghent and Chairman of the Banking, Finance, and Insurance Commission in Brussels. They have been involved with several successful volumes including Corporate Governance in Conte...
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Title:Investor Protection in Europe: Corporate Law Making, The MiFID and BeyondFormat:HardcoverDimensions:544 pages, 9.21 × 6.14 × 1.18 inPublished:November 26, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199202915

ISBN - 13:9780199202911

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Table of Contents

Part 1: Institutional Structure, Regulatory Competition and Regulatory Strategies1. Dennis C. Mueller: The Economics and Politics of Corporate Governance in the European Union2. Pierre Salmon: Political Yardstick Competition and Corporate Governance in the European Union3. Ehud Kamar: Using Corporate Law to Compete for Investments4. Gerard Hertig and Joseph A. McCahery: A Legal Options Approach to EC Company Law5. Eddy Wymeersch: How Can Corporate Governance Codes Be Implemented?Part 2: The New European Regulation of Trading Venues6. Ryan Davies, Alfonso Dufour and Brian Scott-Quinn: The MiFID: Competition in a New European Equity Market Regulatory Structure7. Barbara Alemanni, Giuseppe Lusignani and Marco Onado: The European Securities Industry. Further Evidence on the Roadmap to Integration8. Guido Ferrarini and Fabio Recine: The MiFID and Internalisation9. Johannes Kondgen and Erik Theissen: Internalisation under the MiFID: Regulatory Overreaching or Landmark in Investor Protection?Part 3: Further Issues in Regulatory Harmonization10. Peter O. Mulbert: The Eclipse of Contract Law in the Investment Firm-Client- Relationship: The Impact of the MiFID on the Law of Contract from a German Perspective11. Luca Enriques: Conflicts of Interest in Investment Services: The Price and Uncertain Impact of MiFID s Regulatory Framework12. Alain Pietrancosta: The Public Offering of Securities Concept in the New Prospectus Directive13. Francesco Denozza: Nonfinancial Disclosure between Shareholder Value and Socially Responsible InvestingPart 4: After the Financial Services Action Plan14. Niamh Moloney: Effective Policy Design for the Retail Investment Services Market: Challenges and Choices Post FSAP15. Michel Tison: Financial Market Integration in the Post FSAP Era. In Search of Overall Conceptual Consistency in the Regulatory Framework16. Eddy Wymeersch: Securities Clearing and Settlement:Regulatory Developments in Europe17. Donald C. Langevoort: Structuring Securities Regulation in the European Union: Lessons from the U.S. Experience