Law Reform and Financial Markets addresses how law reform can be used to support strong financial markets and draws on the global financial crisis as a case study.
This edited collection reflects recent developments, including the EU institutional reforms and the Dodd-Frank Act 2010. The different contributions adopt a range of theoretical, contextual and substantive perspectives, examine different domestic, regional and international contexts and assess public and private law frameworks in considering how legal and regulatory reforms can be most effectively designed for strong financial markets.
This comprehensive book will appeal to academics and postgraduates in the field of financial regulation and in cognate fields including finance and economics, as well as to regulators and policymakers.
Edited by Kern Alexander, Chair for Law and Finance, University of Zurich, Switzerland and Head of Research in Financial Regulation, Centre for Financial Analysis and Policy, University of Cambridge, UK and Niamh Moloney, Professor, London School of Economics and Political Science, UK
Contents: Introduction PART I: REDESIGNING FINANCIAL REGULATION 1. The Rise, Fall and Fate of Principles-based Regulation Julia Black 2. Policy Stances in Financial Market Regulation: Market Rapture, Club Rules or Democracy? Nicholas Dorn PART II: THE CHALLENGES OF CAPITAL MARKET LAW REFORM 3. The Vexed Issue of Short Sales Regulation when Prohibition is Inefficient and Disclosure Insufficient Emilios Avgouleas 4. Regulating Complex Derivatives: Can the Opaque be Made Transparent? Michael A.H. Dempster, Elena A. Medova and Julian Roberts 5. The Role of Law and Governance in Financial Markets: The Case of the Emerging Chinese Securities Market Sanzhu Zhu 6. Of Corporations and Plumbers: Shareholder Voting Rights and Securities Clearing and Settlement in Europe Agata Waclawik-Wejman PART III: CONSUMER AND DEPOSITOR PROTECTION 7. The Crash that Launched a Thousand Fixes: Regulation of Consumer Credit after the Lending Revolution and the Credit Crunch Iain Ramsay and Toni Williams 8. Deposit Protection Schemes in British Offshore Finance Centres Philip Morris PART IV: THE ROLE OF THE LENDER OF LAST RESORT AND EU SOVEREIGN DEBT RESTRUCTURING 9. Exigent and Unusual Circumstances: The Federal Reserve and the US Financial Crisis Christian A. Johnson 10. Sovereign Debt Restructuring in the EU: Lessons from the Recent Crisis Kern Alexander Index