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Banking Regulation and World Trade Law: GATS, EU and Prudential Institution Building

Autor Lazaros E. Panourgias
en Limba Engleză Hardback – 6 apr 2006
Banking Regulation and World Trade Law concerns the legal aspects of the interaction between banking regulation and international trade in financial services. The author studies the internal banking market of the European Union, the liberalisation of financial services trade in the World Trade Organization, the accords of the Basel Committee on Banking Supervision and the European Central Bank.The book focuses on the balancing between banking regulation and international trade law. It discusses discrimination and proportionality in national banking regulation, the allocation of prudential regulation and supervision between home and host country, and international financial law-making. The author questions decentralised/nation-based banking regulation and supervision as a foundation for a sustainable liberalisation of international trade in financial services.The book considers various reforms of the international financial architecture, such as the incorporation of the Basel processes and accords into the WTO system, and the setting up of new international institutions by building on the Basel Committees or the IMF structures. The role of central banking in designing the international financial architecture is also explored: the book reviews the ECB's competence over foreign exchange policy and its function as lender of last resort, and treats price stability, banking soundness and representation as critical concepts. The analysis also reveals that the concept of 'prudential', despite its extensive use in banking regulation, has not been defined with adequate precision.In seeking to delineate the interface between international economic law and banking regulation, Dr Panourgias builds on the rich European scholarship on institutional financial issues and the US interdisciplinary approach to world trade law. He also entertains the notion of international financial law as a distinct field.The book will be of particular interest to those concerned with financial law and international banking.
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Specificații

ISBN-13: 9781841134581
ISBN-10: 1841134589
Pagini: 312
Dimensiuni: 156 x 234 x 24 mm
Greutate: 0.6 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book covers the legal aspects of international trade in financial services, with a focus on the possible conflicts between international trade liberalisation norms and banking regulation.

Notă biografică

Lazaros E Panourgias LLB (Athens), LLM (Georgetown), MA (Fletcher), Ph D (King's College, London) is an associate at Herbert Smith LLP (Financial Institutions Group) in London. A member of the Bar in Athens and New York, he has previously been affiliated with the British Institute of International and Comparative Law and worked as legal adviser at the European Bank for Reconstruction and Development and at the Harvard Law School Program on International Financial Systems. Dr Panourgias regularly advises financial institutions on financial services issues and is publishing and lecturing on the European and international financial architecture.

Cuprins

I. Introduction 1. The concept of 'prudential' 1.1. The concept of 'prudential' in the GATS and the EU1.2. The concept of 'prudential' in the literature 1.3. The problem2. Relevant Policy rationales2.1. Banking regulation - rationale2.2. The conflict between banking regulation and trade liberalizationII. Trade Liberalization and Banking Regulation: The GATS and The EU1. Liberalization of cross-border banking1.1. Foreign direct investment (FDI) and International cooperation1.2. FDI in banking2. Trade liberalization and Banking regulation2.1. Regional liberalization - European Union (EU)2.2. Multilateral liberalization - General Agreement on Trade in Services (GATS)3. GATS: Trade and Financial stability3.1. Branch3.2. Subsidiary3.3. Non-financial entity4. Trade and Financial stability - review of the EU and GATS institutional foundations: Lessons for the GATS4.1. Trade and financial stability output4.2. Trade and Financial stability - review of the EU and GATS institutional foundations4.3. Trade and financial stability - regional integration5. ConclusionsIII. The Case for Prudential Supervision at the International Level and Related Reforms1. GATS Reform1.1. Definition of the prudential carve-out - Development of the trade-off devices1.2. Incorporation of the Basel standards2. Prudential institution building at the international level2.1. Decentralization model2.2. Medium-term institutional arrangements2.3. Prudential institution building at the international level - Long-term institutional arrangements3. ConclusionsIV. EC Internal Banking Market and Prudential Supervision1. Banking supervision: the decentralization model1.1. Decentralization1.2. Cooperation1.3. European Central Bank (ECB)1.4. Reform2. Monetary policy and Bank supervision2.1. Price stability2.2. Default prudential supervision of central banks2.3. Monetary policy and bank supervision2.4. ECB and prudential supervision2.5. ECB and Foreign exchange policy3. Lender of Last Resort3.1. Accountability4. The EC internal banking market and lessons for regional integration5. Conclusions V. Conclusions - Toward International Institution Buiilding 1. GATS1.1. Balancing of trade and banking regulation1.2. Trade and financial stability output1.3. Reliance on adjudication1.4. GATS vis-à-vis EU: macro-aspects1.5. Reform2. Prudential institution building at the international level2.1. Alternatives2.2. Informal vis-à-vis Formal norm making2.3. Forum3. EC Internal banking market3.1. The case for bank supervision at the Community level3.2. The EU macro- design3.3. Prudential supervision at the community level and accountability4. EC Internal banking market and prudential institution building at the international level

Recenzii

This book is well written, well researched, well argued, and thought provoking. It is also highly topical, and as such is a most valuable contribution to the present debate on the form of regulation that we need for trans-border banking activity and is thus of considerable importance.

Descriere

This book covers the legal aspects of international trade in financial services comparing the relevant legal foundations at the EU and GATS level.