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ENGLISH

Digital Assets In Enforcement And Insolvency - Securing Creditor Access And Protecting Customer Interests In The Crypto World

~~119,25€~~ 107,33€ 10% OFF

 This book offers the first comprehensive analysis of the national and international legal issues surrounding digital assets in enforcement and insolvency. Its primary aim is to ensure that the economic value of digital assets can be fully realised by creditors and other stakeholders through the legal processes and remedies available to them, and that holders of digital assets receive adequate protection. These legal issues are considered in diverse commercial and technical contexts, ranging from native cryptocurrencies to token, whether held directly or with custodians and other intermediaries. The book offers analysis on different levels: Firstly, it scrutinises the existing legal frameworks for enforcement and insolvency in various countries and evaluates the extent to which they can accommodate digital forms of value; secondly, it compares the approaches taken in different jurisdictions and addresses the cross-border issues of jurisdiction and conflict of laws issues that may arise; and thirdly, it focuses on international texts, such as the UNIDROIT Principles on Digital Assets and Private Law, as well as the Global Code of Digital Enforcement, and suggested avenues for further harmonisation and unification of the law. The book provides much-needed responses to the increasing significance of digital assets in modern insolvency and enforcement proceedings. It takes a unique global approach to a wide range of legal perspectives, drawing upon the contributors'' experience as leading practitioners, representatives of international organisations, and academics, in common law and civil law jurisdictions around the world. The book identifies the most pressing areas for law reform, and proposes solutions that are both legally robust as well as fit for practical purpose.
ENGLISH

Digital Assets In Enforcement And Insolvency - Securing Creditor Access And Protecting Customer Interests In The Crypto World

~~119,25€~~ 107,33€ 10% OFF

 This book offers the first comprehensive analysis of the national and international legal issues surrounding digital assets in enforcement and insolvency. Its primary aim is to ensure that the economic value of digital assets can be fully realised by creditors and other stakeholders through the legal processes and remedies available to them, and that holders of digital assets receive adequate protection. These legal issues are considered in diverse commercial and technical contexts, ranging from native cryptocurrencies to token, whether held directly or with custodians and other intermediaries. The book offers analysis on different levels: Firstly, it scrutinises the existing legal frameworks for enforcement and insolvency in various countries and evaluates the extent to which they can accommodate digital forms of value; secondly, it compares the approaches taken in different jurisdictions and addresses the cross-border issues of jurisdiction and conflict of laws issues that may arise; and thirdly, it focuses on international texts, such as the UNIDROIT Principles on Digital Assets and Private Law, as well as the Global Code of Digital Enforcement, and suggested avenues for further harmonisation and unification of the law. The book provides much-needed responses to the increasing significance of digital assets in modern insolvency and enforcement proceedings. It takes a unique global approach to a wide range of legal perspectives, drawing upon the contributors'' experience as leading practitioners, representatives of international organisations, and academics, in common law and civil law jurisdictions around the world. The book identifies the most pressing areas for law reform, and proposes solutions that are both legally robust as well as fit for practical purpose.
Regulating Innovation In The Digital Age - A Demand-Centred Toolbox For The Data-Driven Economy

by Nikita Divissenko

~~53,65€~~ 48,29€ 10% OFF

 This book examines the role, impact, and limitations of regulation as a tool for shaping innovative markets. It contends that the current supply-centred approach is suboptimal in the context of digital innovation and proposes a blueprint for a more demand-conscious approach to regulation. The focus on the demand-side is prompted by the evolving role of consumers within the innovation process in the digital and data-driven economy, the regulatory implications of which are underexplored in legal scholarship. The book features in-depth case studies of the most recent regulatory initiatives in the EU, including Open Banking, the Digital Markets Act (DMA), and the AI Act. It dismantles innovative regulatory instruments, and critically examines their underlying assumptions from an innovation perspective. The new demand-based approach informs the design and use of supply-side market-centred tools, behaviourally-informed demand-side instruments, and technological regulation, by introducing a coherent set of demand-centred considerations. The book offers a regulatory toolbox recalibrated for the digital age and serves as a practical guide for academics, policymakers, regulators, and legal practitioners seeking to understand and engage with the regulation of innovative markets.
Regulating Innovation In The Digital Age - A Demand-Centred Toolbox For The Data-Driven Economy

by Nikita Divissenko

~~53,65€~~ 48,29€ 10% OFF

 This book examines the role, impact, and limitations of regulation as a tool for shaping innovative markets. It contends that the current supply-centred approach is suboptimal in the context of digital innovation and proposes a blueprint for a more demand-conscious approach to regulation. The focus on the demand-side is prompted by the evolving role of consumers within the innovation process in the digital and data-driven economy, the regulatory implications of which are underexplored in legal scholarship. The book features in-depth case studies of the most recent regulatory initiatives in the EU, including Open Banking, the Digital Markets Act (DMA), and the AI Act. It dismantles innovative regulatory instruments, and critically examines their underlying assumptions from an innovation perspective. The new demand-based approach informs the design and use of supply-side market-centred tools, behaviourally-informed demand-side instruments, and technological regulation, by introducing a coherent set of demand-centred considerations. The book offers a regulatory toolbox recalibrated for the digital age and serves as a practical guide for academics, policymakers, regulators, and legal practitioners seeking to understand and engage with the regulation of innovative markets.
ENGLISH

Regulating Primary Markets In The Capital Markets Union - Between Uniformity And Differentiation

by Konstantinos Serdaris

~~53,65€~~ 48,29€ 10% OFF

 Stay ahead of the curve with this essential book, offering a concise, comprehensive and up-to-date analysis of the Prospectus Regulation (including its recent amendment by the EU Listing Act) and the pathbreaking Regulation on European Crowdfunding Service Providers (ECSPR). Placing the discussion in the context of the Capital Markets Union (CMU), this book provides a fresh and insightful perspective on the ever-evolving regulatory landscape of EU primary capital markets, setting out a practical roadmap for achieving effective and inclusive regulation. With a keen focus on the dynamic relationship between legal uniformity and differentiation, the book addresses 2 pivotal questions: how can the imperative of investor protection be balanced with the goal of providing businesses with improved and cost-effective access to EU primary securities markets, and how can the pursuit for greater unification be practically reconciled with the growing demand for regional solutions in a post-Brexit era? Unveiling a unique normative framework, the book provides a holistic perspective; it explores the underlying objectives and intricate complexities of the CMU, critically evaluates the transformative potential of regulatory actions, sheds light on potential inconsistencies, and offers insightful suggestions for future reforms. A must-read for policymakers, scholars, legal practitioners and anyone seeking to comprehend the current and emerging challenges in the regulation of EU primary capital markets.
ENGLISH

Regulating Primary Markets In The Capital Markets Union - Between Uniformity And Differentiation

by Konstantinos Serdaris

~~53,65€~~ 48,29€ 10% OFF

 Stay ahead of the curve with this essential book, offering a concise, comprehensive and up-to-date analysis of the Prospectus Regulation (including its recent amendment by the EU Listing Act) and the pathbreaking Regulation on European Crowdfunding Service Providers (ECSPR). Placing the discussion in the context of the Capital Markets Union (CMU), this book provides a fresh and insightful perspective on the ever-evolving regulatory landscape of EU primary capital markets, setting out a practical roadmap for achieving effective and inclusive regulation. With a keen focus on the dynamic relationship between legal uniformity and differentiation, the book addresses 2 pivotal questions: how can the imperative of investor protection be balanced with the goal of providing businesses with improved and cost-effective access to EU primary securities markets, and how can the pursuit for greater unification be practically reconciled with the growing demand for regional solutions in a post-Brexit era? Unveiling a unique normative framework, the book provides a holistic perspective; it explores the underlying objectives and intricate complexities of the CMU, critically evaluates the transformative potential of regulatory actions, sheds light on potential inconsistencies, and offers insightful suggestions for future reforms. A must-read for policymakers, scholars, legal practitioners and anyone seeking to comprehend the current and emerging challenges in the regulation of EU primary capital markets.
Transnational Mortgage Law - Reconstructing The Global Framework For Housing Finance

by Dr Irina (University Of Padova, Italy) Domurath e Guido (Birkbeck College, University Of London, Uk) Comparato

~~121,67€~~ 109,50€ 10% OFF

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 Uncovers the growing body of legal principles and rules around mortgages devised by various institutions beyond the national dimension.
ENGLISH

Venture Capital Investment And Government Incentives - Law, Regulation, And Policy Design

by Tamara Wilkinson

~~50,07€~~ 45,06€ 10% OFF

 This book explores the best ways for governments to design venture capital investment incentives. Venture capital is a multi-billion-dollar industry and a major driver of innovation and national growth. Investment in startup companies by venture capital funds helps finance new inventions and create wealth, economic growth, and jobs. However, because venture capital investment is highly risky and sensitive to market downturns, many governments around the world use special legal and tax incentives to help encourage this form of investment. Since the introduction of the first venture capital incentive in the USA in 1958, scores of venture capital incentives have come and gone. These incentives have experienced varied success, with some failing entirely. Filling a gap in an important area, this book employs a legal and regulatory approach to examine venture capital policy from a global perspective. It uses an analytical framework to evaluate the design, implementation, and success of incentives, and looks at over 60 examples from 25 countries around the world. The book is aimed at researchers and policy makers in law, finance and economics, as well as practitioners and investors in the venture capital space. The book introduces the legal aspects of venture capital investment and presents a list of leading practice guidelines and recommendations to help policy makers design effective, efficient, and appropriate venture capital incentives.
ENGLISH

Venture Capital Investment And Government Incentives - Law, Regulation, And Policy Design

by Tamara Wilkinson

~~50,07€~~ 45,06€ 10% OFF

 This book explores the best ways for governments to design venture capital investment incentives. Venture capital is a multi-billion-dollar industry and a major driver of innovation and national growth. Investment in startup companies by venture capital funds helps finance new inventions and create wealth, economic growth, and jobs. However, because venture capital investment is highly risky and sensitive to market downturns, many governments around the world use special legal and tax incentives to help encourage this form of investment. Since the introduction of the first venture capital incentive in the USA in 1958, scores of venture capital incentives have come and gone. These incentives have experienced varied success, with some failing entirely. Filling a gap in an important area, this book employs a legal and regulatory approach to examine venture capital policy from a global perspective. It uses an analytical framework to evaluate the design, implementation, and success of incentives, and looks at over 60 examples from 25 countries around the world. The book is aimed at researchers and policy makers in law, finance and economics, as well as practitioners and investors in the venture capital space. The book introduces the legal aspects of venture capital investment and presents a list of leading practice guidelines and recommendations to help policy makers design effective, efficient, and appropriate venture capital incentives.
ENGLISH

Socio-Legal Theory Of Money For The Digital Commercial Society - A New Analytical Framework To Understand Cryptoassets

by Israel Cedillo Lazcano

~~51,26€~~ 46,13€ 10% OFF

 This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons. The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.
ENGLISH

Socio-Legal Theory Of Money For The Digital Commercial Society - A New Analytical Framework To Understand Cryptoassets

by Israel Cedillo Lazcano

~~51,26€~~ 46,13€ 10% OFF

 This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons. The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.
ENGLISH

Governance Of Macroprudential Policy - How To Build Regulatory Legitimacy Through A Social Justice Approach

by Tracy C Maguze

~~51,26€~~ 46,13€ 10% OFF

 This book critically examines the theoretical foundations and legal framework for macroprudential policy, its tools and governance in the UK, the US, and the EU. It goes deeper into a normative discussion of the legitimacy of macroprudential policy in these jurisdictions, where the mandate for maintaining financial stability has been delegated to independent authorities. The Global Financial Crisis of 2007-2008 reopened debates regarding legitimacy of the independent regulatory state, given its democratic deficit. The response to a perceived legitimacy gap has been to increase political oversight in financial policymaking and regulation. The book posits that the real problem is not a lack of democracy, but rather a lack of social justice. Across the globe, there is growing dissatisfaction with a financial system and regulatory process that appear depersonalised and perpetuate inequalities. Citizens are calling for more socially just systems of governance and the future success of financial policymakers and regulators will hinge on this. Given the marked distributional effects that have been noted in some macroprudential policy tools, the book questions whether macroprudential policy should be solely based on highly rationalised and strongly quantitative reasons. By proposing that macroprudential policymakers should have a social justice mandate alongside their financial stability mandate, as well as legal mechanisms for operationalising the added authority, the book contributes to the growing discourse on the role of social justice in public policy.
ENGLISH

Governance Of Macroprudential Policy - How To Build Regulatory Legitimacy Through A Social Justice Approach

by Tracy C Maguze

~~51,26€~~ 46,13€ 10% OFF

 This book critically examines the theoretical foundations and legal framework for macroprudential policy, its tools and governance in the UK, the US, and the EU. It goes deeper into a normative discussion of the legitimacy of macroprudential policy in these jurisdictions, where the mandate for maintaining financial stability has been delegated to independent authorities. The Global Financial Crisis of 2007-2008 reopened debates regarding legitimacy of the independent regulatory state, given its democratic deficit. The response to a perceived legitimacy gap has been to increase political oversight in financial policymaking and regulation. The book posits that the real problem is not a lack of democracy, but rather a lack of social justice. Across the globe, there is growing dissatisfaction with a financial system and regulatory process that appear depersonalised and perpetuate inequalities. Citizens are calling for more socially just systems of governance and the future success of financial policymakers and regulators will hinge on this. Given the marked distributional effects that have been noted in some macroprudential policy tools, the book questions whether macroprudential policy should be solely based on highly rationalised and strongly quantitative reasons. By proposing that macroprudential policymakers should have a social justice mandate alongside their financial stability mandate, as well as legal mechanisms for operationalising the added authority, the book contributes to the growing discourse on the role of social justice in public policy.
ENGLISH

Chinese And Global Financial Integration Through Stock Connect - A Legal Analysis

by Flora Huang

51,26€ + 10% CARD

 This significant and timely book explores a novel market mechanism, Stock Connect, which gives mutual market access to Chinese and international investors, and provides original analyses and fresh insights. This mechanism could become the new normal in future global financial integration. By examining this cross-border scheme from a regulatory perspective via a three-tiered analytical framework (investors, issuers and regulators), this book unearths the profound implications of Stock Connect to local and global financial markets and the legal impediments to its implementation. It covers a broad range of topics in this cross-boundary investment channel, including an overview of four existing connectivity arrangements (Shanghai-Hong Kong, Shenzhen-Hong Kong, Shanghai-London and China-Switzerland), the uniqueness of these connectivity arrangements, investor protection, regulations of connect issuers, regulatory cooperation and enforcement, the impacts on local and global financial markets, the implications for the world market connectivity as well as the challenges and future of Stock Connect. This pioneering study will appeal to a broad range of readers who are interested in the on-going reshaping of international financial systems and China''s emerging influence in the international financial order.
ENGLISH

Chinese And Global Financial Integration Through Stock Connect - A Legal Analysis

by Flora Huang

51,26€ + 10% CARD

 This significant and timely book explores a novel market mechanism, Stock Connect, which gives mutual market access to Chinese and international investors, and provides original analyses and fresh insights. This mechanism could become the new normal in future global financial integration. By examining this cross-border scheme from a regulatory perspective via a three-tiered analytical framework (investors, issuers and regulators), this book unearths the profound implications of Stock Connect to local and global financial markets and the legal impediments to its implementation. It covers a broad range of topics in this cross-boundary investment channel, including an overview of four existing connectivity arrangements (Shanghai-Hong Kong, Shenzhen-Hong Kong, Shanghai-London and China-Switzerland), the uniqueness of these connectivity arrangements, investor protection, regulations of connect issuers, regulatory cooperation and enforcement, the impacts on local and global financial markets, the implications for the world market connectivity as well as the challenges and future of Stock Connect. This pioneering study will appeal to a broad range of readers who are interested in the on-going reshaping of international financial systems and China''s emerging influence in the international financial order.
ENGLISH

Creditor Priority In European Bank Insolvency Law - Financial Stability And The Hierarchy Of Claims

by Sjur Swensen Ellings Ter

52,46€ + 10% CARD

 This book provides the first comprehensive treatment of creditor priority in European bank insolvency law. Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority-the order in which different creditors bear losses should a bank fail-differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability. The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.
ENGLISH

Creditor Priority In European Bank Insolvency Law - Financial Stability And The Hierarchy Of Claims

by Sjur Swensen Ellings Ter

52,46€ + 10% CARD

 This book provides the first comprehensive treatment of creditor priority in European bank insolvency law. Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority-the order in which different creditors bear losses should a bank fail-differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability. The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.
ENGLISH

International Bank Crisis Management - A Transatlantic Perspective

by Marco Bodellini

52,46€ + 10% CARD

 This book analyses the legal regimes governing bank crisis management in the EU, UK, and US, discussing the different procedures and tools available as well as the regulatory architecture and the authorities involved. Building on a broad working definition of ''bank crisis management'' and referring to several cases, the book explores the techniques and approaches employed by the authorities to deal with troubled banks on both sides of the Atlantic. The legal analysis distinguishes between procedures and tools aimed at liquidating the bank in crisis vis-à-vis those aimed at restructuring. In this regard, attention is paid to the rules allowing for the use of public money in handling banks in trouble as well as to the role that deposit insurance schemes can play. Considerations on the impact on banks of the current crisis provoked by the COVID-19 pandemic are advanced, primarily focusing on the expected surge of non-performing loans as well as on ways to effectively manage these assets. The book approaches these issues from a comparative law perspective, providing law and economics considerations and focusing on strengths and drawbacks of the rules currently in force. The book advances policy considerations as well as reform proposals aiming at enhancing the legal regimes in force, with particular reference to the Consultation promoted in 2021 by the European Commission on the adoption of a new bank crisis management and deposit insurance framework in the Union.
ENGLISH

International Bank Crisis Management - A Transatlantic Perspective

by Marco Bodellini

52,46€ + 10% CARD

 This book analyses the legal regimes governing bank crisis management in the EU, UK, and US, discussing the different procedures and tools available as well as the regulatory architecture and the authorities involved. Building on a broad working definition of ''bank crisis management'' and referring to several cases, the book explores the techniques and approaches employed by the authorities to deal with troubled banks on both sides of the Atlantic. The legal analysis distinguishes between procedures and tools aimed at liquidating the bank in crisis vis-à-vis those aimed at restructuring. In this regard, attention is paid to the rules allowing for the use of public money in handling banks in trouble as well as to the role that deposit insurance schemes can play. Considerations on the impact on banks of the current crisis provoked by the COVID-19 pandemic are advanced, primarily focusing on the expected surge of non-performing loans as well as on ways to effectively manage these assets. The book approaches these issues from a comparative law perspective, providing law and economics considerations and focusing on strengths and drawbacks of the rules currently in force. The book advances policy considerations as well as reform proposals aiming at enhancing the legal regimes in force, with particular reference to the Consultation promoted in 2021 by the European Commission on the adoption of a new bank crisis management and deposit insurance framework in the Union.
ENGLISH

Future Of High-Cost Credit - Rethinking Payday Lending

by Jodi Gardner

52,46€ + 10% CARD

 This book proposes a new way of thinking about the controversial and complex challenges associated with the regulation of high-cost credit, specifically payday lending. These products have received significant attention in both the media and political arena. The inadequacy of regulatory interventions has created ongoing problems with the provision of high-cost credit, particularly for consumers with lesser bargaining power and who are already financially vulnerable. The book tackles two specific gaps in the existing literature. The first involves inadequate analysis of the relevant philosophical concepts around high-cost credit, which can result in an over-simplification of what are particularly complex issues. The second is a lack of engagement in both the market and lived experience of borrowers, resulting in limited understanding of those who use these financial products. The Future of High-Cost Credit explores the theoretical grounding, policy initiatives and interdisciplinary perspectives associated with high-cost credit, making a novel and insightful contribution to the existing literature. The problems with debt extend far beyond the legal sphere, and the book will therefore be of interest to many other academic disciplines, as well as for those working in public policy and ''the third sector''.
ENGLISH

Future Of High-Cost Credit - Rethinking Payday Lending

by Jodi Gardner

52,46€ + 10% CARD

 This book proposes a new way of thinking about the controversial and complex challenges associated with the regulation of high-cost credit, specifically payday lending. These products have received significant attention in both the media and political arena. The inadequacy of regulatory interventions has created ongoing problems with the provision of high-cost credit, particularly for consumers with lesser bargaining power and who are already financially vulnerable. The book tackles two specific gaps in the existing literature. The first involves inadequate analysis of the relevant philosophical concepts around high-cost credit, which can result in an over-simplification of what are particularly complex issues. The second is a lack of engagement in both the market and lived experience of borrowers, resulting in limited understanding of those who use these financial products. The Future of High-Cost Credit explores the theoretical grounding, policy initiatives and interdisciplinary perspectives associated with high-cost credit, making a novel and insightful contribution to the existing literature. The problems with debt extend far beyond the legal sphere, and the book will therefore be of interest to many other academic disciplines, as well as for those working in public policy and ''the third sector''.
ENGLISH

Enforcement Of Eu Financial Law

59,61€ + 10% CARD

 This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multi-jurisdiction and inter-disciplinary approach and covers a range of issues that are highly topical, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law. Over the last few decades, EU financial law has grown exponentially. Virtually all these new rules and regulations require enforcement. However, the EU legislator generally has been reluctant to regulate enforcement at the national level, and often does not prescribe whether enforcement should take place through national criminal, administrative, or private law. This results in both practical and fundamental questions for the legal practitioner and the academic. This book addresses those questions. With contributions by leading academics and senior members of EU and national institutions, the book will be of interest to professionals dealing with financial law in their daily practice such as lawyers, bankers, policy makers, officers at supervisory authorities, and judges, but also for academics interested in fundamental questions of interaction between legal systems.
ENGLISH

Enforcement Of Eu Financial Law

59,61€ + 10% CARD

 This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multi-jurisdiction and inter-disciplinary approach and covers a range of issues that are highly topical, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law. Over the last few decades, EU financial law has grown exponentially. Virtually all these new rules and regulations require enforcement. However, the EU legislator generally has been reluctant to regulate enforcement at the national level, and often does not prescribe whether enforcement should take place through national criminal, administrative, or private law. This results in both practical and fundamental questions for the legal practitioner and the academic. This book addresses those questions. With contributions by leading academics and senior members of EU and national institutions, the book will be of interest to professionals dealing with financial law in their daily practice such as lawyers, bankers, policy makers, officers at supervisory authorities, and judges, but also for academics interested in fundamental questions of interaction between legal systems.
ENGLISH

Regulating The Crypto Economy - Business Transformations And Financialisation

by Iris H-Y Chiu

59,61€ + 10% CARD

 This book focuses on the building of a crypto economy as an alternative economic space and discusses how the crypto economy should be governed. The crypto economy is examined in its productive and financialised aspects, in order to distil the need for governance in this economic space. The author argues that it is imperative for regulatory policy to develop the economic governance of the blockchain-based business model, in order to facilitate economic mobilisation and wealth creation. The regulatory framework should cater for a new and unique enterprise organisational law and the fund-raising and financing of blockchain-based development projects. Such a regulatory framework is crucially enabling in nature and consistent with the tenets of regulatory capitalism. Further, the book acknowledges the rising importance of private monetary orders in the crypto economy and native payment systems that do not rely on conventional institutions for value transfer. A regulatory blueprint is proposed for governing such monetary orders as ''commons'' governance. The rise of Decentralised Finance and other financial innovations in the crypto economy are also discussed, and the book suggests a framework for regulatory consideration in this dynamic landscape in order to meet a balance of public interest objectives and private interests. By setting out a reform agenda in relation to economic and financial governance in the crypto economy, this forward-looking work argues for the extension of ''regulatory capitalism'' to this perceived ''wild west'' of an alternative economic space. It advances the message that an innovative regulatory agenda is needed to account for the economically disruptive and technologically transformative developments brought about by the crypto economy.
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