Law and Finance after the Financial Crisis

Law and Finance after the Financial Crisis

Author: Abdul Karim Aldohni

Publisher: Taylor & Francis

Published: 2016-12-19

Total Pages: 155

ISBN-13: 1317385586

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The 2008 financial crisis has become one of the defining features of the twenty first century’s first decade. The series of events which unfolded in the aftermath of the crisis has exposed major structural flaws in many of the financial systems around the globe, triggering a global call for legal and regulatory reforms to address the problems that have been uncovered. This book deals with a neglected angle of the 2008 financial crisis looking in-depth at the implicit effects of the 2008 crisis on the UK financial market. The book considers new trends in finance which have emerged since the crisis as well as the challenges faced by some older practices in the UK financial markets. After providing a reflective account of the history of law and creditors in the UK the book investigates the proliferation of certain forms of financing that have recently become very visible parts of the UK financial market’s structure, such as high cost short term lending and peer to peer lending. It provides legal and economic accounts of these forms of alternative lending, charting their developments, current status and critically assesses their impact on the UK financial market. Also examined are the ongoing funding difficulties faced by Small and Medium Enterprises (SMEs) and the suitability of the UK current legal framework to support these institutions. The book goes on to look at the viability and safety of some other post crisis trends such as banks use of Contingent Convertible Bonds (CoCos) to improve their resilience.


Legal Challenges in the Global Financial Crisis

Legal Challenges in the Global Financial Crisis

Author: Wolf-Georg Ringe

Publisher: Bloomsbury Publishing

Published: 2014-10-01

Total Pages: 288

ISBN-13: 1782252568

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The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate.While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.


Economic and Social Rights after the Global Financial Crisis

Economic and Social Rights after the Global Financial Crisis

Author: Aoife Nolan

Publisher: Cambridge University Press

Published: 2014-10-09

Total Pages: 413

ISBN-13: 131606137X

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The global financial and economic crises have had a devastating impact on economic and social rights. These rights were ignored by economic policy makers prior to the crises and continue to be disregarded in the current 'age of austerity'. This is the first book to focus squarely on the interrelationship between contemporary and historic economic and financial crises, the responses thereto, and the resulting impact upon economic and social rights. Chapters examine the obligations imposed by such rights in terms of domestic and supranational crisis-related policy and law, and argue for a response to the crises that integrates these human rights considerations. The expert international contributors, both academics and practitioners, are drawn from a range of disciplines including law, economics, development and political science. The collection is thus uniquely placed to address debates and developments from a range of disciplinary, geographical and professional perspectives.


Law and Macroeconomics

Law and Macroeconomics

Author: Yair Listokin

Publisher: Harvard University Press

Published: 2019-03-11

Total Pages: 281

ISBN-13: 0674976053

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A distinguished Yale economist and legal scholar’s argument that law, of all things, has the potential to rescue us from the next economic crisis. After the economic crisis of 2008, private-sector spending took nearly a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach whose proven success is too rarely acknowledged. Harking back to New Deal regulatory agencies, Listokin proposes that we take seriously law’s ability to function as a macroeconomic tool, capable of stimulating demand when needed and relieving demand when it threatens to overheat economies. Listokin makes his case by looking at both positive and cautionary examples, going back to the New Deal and including the Keystone Pipeline, the constitutionally fraught bond-buying program unveiled by the European Central Bank at the nadir of the Eurozone crisis, the ongoing Greek crisis, and the experience of U.S. price controls in the 1970s. History has taught us that law is an unwieldy instrument of macroeconomic policy, but Listokin argues that under certain conditions it offers a vital alternative to the monetary and fiscal policy tools that stretch the legitimacy of technocratic central banks near their breaking point while leaving the rest of us waiting and wallowing.


International Monetary and Financial Law

International Monetary and Financial Law

Author: Mario Giovanoli

Publisher: OUP Oxford

Published: 2010-06-03

Total Pages: 0

ISBN-13: 9780199588411

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This new book 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.


Constitutions in Times of Financial Crisis

Constitutions in Times of Financial Crisis

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2019-06-20

Total Pages: 0

ISBN-13: 1108492290

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Financial crises put pressure on constitutional orders, inviting exceptional responses that vary in effectiveness, and have an impact long afterwards.


The Financial Crisis Inquiry Report, Authorized Edition

The Financial Crisis Inquiry Report, Authorized Edition

Author: United States. Financial Crisis Inquiry Commission

Publisher: Public Affairs

Published: 2011-01-27

Total Pages: 578

ISBN-13: 1610390415

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Examines the causes of the financial crisis that began in 2008 and reveals the weaknesses found in financial regulation, excessive borrowing, and breaches in accountability.


The Regulatory Aftermath of the Global Financial Crisis

The Regulatory Aftermath of the Global Financial Crisis

Author: Eilís Ferran

Publisher: Cambridge University Press

Published: 2012-11-15

Total Pages: 433

ISBN-13: 1139851780

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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.


The Regulatory Responses to the Global Financial Crisis

The Regulatory Responses to the Global Financial Crisis

Author: Mr.Stijn Claessens

Publisher: International Monetary Fund

Published: 2014-03-14

Total Pages: 39

ISBN-13: 1484336658

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We identify current challenges for creating stable, yet efficient financial systems using lessons from recent and past crises. Reforms need to start from three tenets: adopting a system-wide perspective explicitly aimed at addressing market failures; understanding and incorporating into regulations agents’ incentives so as to align them better with societies’ goals; and acknowledging that risks of crises will always remain, in part due to (unknown) unknowns – be they tipping points, fault lines, or spillovers. Corresponding to these three tenets, specific areas for further reforms are identified. Policy makers need to resist, however, fine-tuning regulations: a “do not harm” approach is often preferable. And as risks will remain, crisis management needs to be made an integral part of system design, not relegated to improvisation after the fact.


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.