International Law in Financial Regulation and Monetary Affairs
International Law in Financial Regulation and Monetary Affairs

Author: Thomas Cottier

Publisher: OUP Oxford

Published: 2012-10-04

Total Pages: 470

ISBN-13: 0191645214

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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 this lack 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 need for 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 in international 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-off approach 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 upon international 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.

The Rule of Law in Monetary Affairs
The Rule of Law in Monetary Affairs

Author: Thomas Cottier

Publisher: Cambridge University Press

Published: 2014-08-29

Total Pages: 635

ISBN-13: 1107063639

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Addresses central monetary law and policy debates, especially the links between international investment law and trade regulation within the WTO.

Book Review
Book Review

Author: Dukgeun Ahn

Publisher:

Published: 2014

Total Pages: 5

ISBN-13:

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The Bretton Woods system, originally perceived as a trinity of institutions -- the IMF, International Bank for Reconstruction and Development, and International Trade Organization -- could barely survive the demise of the ITO, even with the resulting expansion of the General Agreement on Tariffs and Trade. Although the WTO significantly improved the scope and role of international trade law, the post-Bretton Woods system of the twenty-first century may need a more coherent and newly augmented trinity of the WTO, World Bank, and potentially aWorld Financial Organization that would provide a "rule-oriented" system, modeled on theWTO, to supplant the IMF. If such an effort were undertaken, the scholarly contributions of the book under review would prove invaluable.

Monetary Stability as a Common Concern in International Law
Monetary Stability as a Common Concern in International Law

Author: Lucía Satragno

Publisher: BRILL

Published: 2022-02-28

Total Pages: 225

ISBN-13: 9004508732

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The open access publication of this book has been published with the support of the Swiss National Science Foundation. In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.

Law & Financial Stability
Law & Financial Stability

Author: International Monetary Fund. Legal Dept.

Publisher: International Monetary Fund

Published: 2020-01-21

Total Pages: 312

ISBN-13: 1513523007

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This volume comprises a selection of papers prepared in connection with a high-level seminar on Law and Financial Stability held at the IMF in 2016. It examines, from a legal perspective, the progress made in implementing the financial regulatory reforms adopted since the global financial crisis and highlights the role of the IMF in advancing these reforms and charting the course for a future reform agenda, including the development of a coherent international policy framework for resolution and resolution planning. The book’s unique perspective on the role of the law in promoting financial stability comes from the contribution of selected experts and representatives from our membership who share their views on this subject.

International Law in Financial Regulation and Monetary Affairs
International Law in Financial Regulation and Monetary Affairs

Author: Thomas Cottier

Publisher: Oxford University Press

Published: 2012-10-04

Total Pages: 470

ISBN-13: 0199668191

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Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.

Rethinking Regulation of International Finance
Rethinking Regulation of International Finance

Author: Uzma Ashraf Barton

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 280

ISBN-13: 9041189181

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Why have financial standards and institutions almost always failed to effectively predict and respond to real-world financial crises? The answer, this challenging book shows, is that international financial law suffers from a persistent lack of judicial or quasi-judicial enforcement mechanisms, leaving flaws in the structure of the international financial system that lead inevitably to excesses that threaten the public good of global financial stability. The author, an internationally renowned legal expert on financial and fiscal reforms, responds to the increasingly urgent call for rethinking the structure and the functioning of international financial law. Centering on the concept of enforcement – which continues to be an unresolved issue in the discipline of international financial law – the analysis describes the likely contours of hard-law regulatory reform. It weighs the pros and cons of much-talked-about regulatory and policy issues like the following and more: – policy implications from the transformation of finance from a domestic to an international concept; – new or revised supervisory and regulatory bodies with redefined mandate, jurisdictions and powers; – possibility of a treaty-based structure similar to the European Union’s integration framework; and – consolidation of crisis-prevention and crisis-management policies; The analysis takes into account instances from trade and monetary systems pertinent to the development of the discipline of international financial law. A concluding chapter explores possibilities for putting in place an asset-backed resilient financial system based on risk-sharing and empowered to legislate reform and authorized to seek compliance from its members. With its provision of unconventional alternatives for further development of international financial law to realize stable, predictable and robust international markets – including early-warning systems and fully primed crisis-prevention mechanisms – the book explores the essential link between global financial stability, effective regulation and institutional development that will engender realistic global policy solutions. It will prove to be of great importance to regulatory and legal practitioners as well as to academic and think-tank scholars.

Soft Law and the Global Financial System
Soft Law and the Global Financial System

Author: Chris Brummer

Publisher: Cambridge University Press

Published: 2012

Total Pages: 307

ISBN-13: 1107004845

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The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes, or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law "works" - and presents an alternative theory for understanding its purpose, operation, and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market, and institutional mechanisms that make it more coercive than classical theories of international law predict. As such, it is a powerful, though at times imperfect tool of financial diplomacy, and poses novel opportunities and challenges for the evolving global economic order.