China-European Union Investment Relationships
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China-European Union Investment Relationships

Towards a New Leadership in Global Investment Governance?

Edited by Julien Chaisse

Based on original research, and bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, both internally and internationally. Covering key topics on the subject, this book draws together diverse perspectives into a single collection, and is an invaluable tool for both scholars and practitioners of trade and investment law, as well as human rights and environmental law and policy.
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Chapter 9: Emerging regulatory issues for financial services in the new generation of FTAs

Federico Lupo-Pasini


Financial services are key components of modern Free Trade Agreements (FTAs). More than any other sectors, finance has undergone a process of regulatory and structural change over the last ten years. New methods of financial intermediation have emerged, and new regulatory instruments have been adopted to address the regulatory loopholes evidenced by the recent global financial crises. The regulatory framework applicable to trade in financial services in FTAs has largely remained the same. However, the increase use of investment chapters in FTAs is changing the way financial services will be treated in the near future. Investment law brings a completely new dimension to the regulation of financial services, as its discipline is much more likely to impact on the way finance is regulated in domestic law. This chapter examines three issues that are particularly revealing of this trend: the restructuring of sovereign debt securities; the resolution of a cross-border financial institution; and the use of international courts to challenge a domestic supervisory decision.

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