This new work offers a clear and concise analysis of the law relating to the mis-selling of regulated financial services products. The introductory chapters cover the history of mis-selling, from their origins at common law to the modern regulated environment. It also addresses important practical points for those pleading and defending financial mis-selling claims, focussing on the various causes of action and limitation periods. It provides an overview of the UK and European regulatory framework governing the sale of financial products and considers in detail five key product types: credit, mortgages, interest rate hedging products, insurance, and collective investment schemes. Each chapter looks at the sector-specific issues and the various mis-selling ‘scandals’ of the last decade and the case-law that emerged from them.
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Edited by Hanne S. Birkmose and Konstantinos Sergakis
A heavily debated topic, the evolution of shareholders’ duties risks the transformation of the very concept of shareholder primacy, crucially associated with shareholder rights. Offering a distinctive and comprehensive examination of both current and forthcoming enforcement mechanisms in the area of shareholder duties, this timely book provides an exhaustive analysis of the many issues related to these mechanisms, and considers the ongoing challenges surrounding their implementation.
Regulatory Regimes and Liability Issues
The global crisis revealed that credit rating agencies (CRAs) are capable of bringing about potential distortions in the financial sector, thereby resulting in a reduction in market confidence which, in turn, influences negotiations and expectations. CRAs need to be held accountable for lack of transparency and inaccurate ratings, however the existing regulatory framework does not secure adequate investor protection. This book provides a new and important contribution to research in the area, at a crucial time in the debate around financial regulation and investment regimes.
Comparing the Approaches of Judaism, Christianity and Islam
Mervyn K. Lewis and Ahmad Kaleem
Judaism, Christianity and Islam all impose obligations and constraints upon the rightful use of wealth and earthly resources. All three of these religions have well-researched views on the acceptability of practices such as usury but the principles and practices of other, non-interest, financial instruments are less well known. This book examines each of these three major world faiths, considering their teachings, social precepts and economic frameworks, which are set out as a guide for the financial dealings and economic behaviour of their adherents.
Edited by Yannick Radi
The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.
Edited by Matthew Harding
This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.
Edited by William A. Birdthistle and John Morley
The growth of mutual funds has been a truly global phenomenon and deserves a broad international analysis. Local political economies and legal regimes have created different regulatory preferences for the oversight of these funds, and academics, public officials, and legal practitioners wishing to understand the global investing environment need an appreciation for these international differences. This Handbook addresses these and several other issues concerning mutual funds. The contributors, leading scholars in the field of investment law from around the world, provide a current legal analysis of funds from a variety of perspectives and using an array of methodologies that consider the large fundamental questions governing the role and regulation of investments funds as well identity and behavior of investors and issues surrounding less orthodox funds, such as money market funds, ETFs, and private funds.
Clearing and Central Counterparties
Alexandra G. Balmer
This book puts forward a holistic approach to post-crisis derivatives regulation, providing insight into how new regulation has dealt with the risk that OTC derivatives pose to financial stability. It discusses the implications that post crisis regulation has had on central counterparties and the risk associated with clearing of OTC derivatives. The author offers a novel solution to tackle the potential negative externalities from the failure of a central counterparty and identifies potential new risks arising from post crisis reforms.
Edited by Peter Conti-Brown and Rosa M. Lastra
Central banks occupy a unique space in their national governments and in the global economy. The study of central banking however, has too often been dominated by an abstract theoretical approach that fails to grasp central banks’ institutional nuances. This comprehensive and insightful Handbook, takes a wider angle on central banks and central banking, focusing on the institutions of central banking. By 'institutions', Peter Conti-Brown and Rosa Lastra refer to the laws, traditions, norms, and rules used to structure central bank organisations. The Research Handbook on Central Banking’s institutional approach is one of the most interdisciplinary efforts to consider its topic, and includes chapters from leading and rising central bankers, economists, lawyers, legal scholars, political scientists, historians, and others.
Edited by D. G. Smith and Andrew S. Gold
The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.