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Abuse of Companies
Whether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to...
The Savage Republic
Intended for the professional academic and graduate student, this book is the first to utilize the methodology of a oeNew Streama legal scholarship in an extended critical a oeexegesisa of Hugo Grotiusa (TM) "De Indis" (c.1604-6). "De Indis" is predicated upon a two-fold discursive strategy: (i) investing a oeprivatea Trading Companies with a oepublica international legal personality, and (ii) collapsing the distinction between a oeprivatea and a oepublica warfare. Governing the operation of textual interpretation is "De Indis"a (TM) status as a republican treatise juridically legitimating an early modern Trans-National corporation (the VOC) that served as an agent of a a oeprimitivea system of global governance, the early Capitalist World-Economy. The application of New Stream scholarship reveals that the republican signature of "De Indis" consists of a discursive a oemicro-oscillationa between the a oethicka ontology of Late Scholasticism (a oeUtopiaa ) and the a oethina ontology of Civic Humanism (a oeApologya ) wholly appropriate to the governance requirements of the embryonic Modern World-System.
Regulation and Supervision of Bank Senior Management in Light of Prudential Corporate Governance
Ongoing conduct issues in the banking sector have sparked global discussions on the effectiveness of the corporate governance of these institutions. This dissertation commences by exploring the internationally evolving regulatory landscape of prudential corporate governance and the role of bank senior management within these frameworks using a law and economics perspective. Two model jurisdictions, the United Kingdom and the Netherlands, are identified as pioneers with their emerging approaches to tackle the persisting challenges. Against this backdrop, the study turns to Switzerland. It fills the gap of a comprehensive supervisory law analysis of bank senior management. For this purpose, th...
The Making of the Modern Corporation
This book traces the origins of a financial institution, the modern corporation, in Genoa and reconstructs its diffusion in England, the Netherlands, and France. At its inception, the Casa di San Giorgio (1407–1805) was entrusted with managing the public debt in Genoa. Over time, it took on powers we now ascribe to banks and states, accruing financial characteristics and fiscal, political, and territorial powers. As one of the earliest central banks, it ruled territories and local populations for almost a century. It controlled strategic Genoese possessions near and far, including the island of Corsica, the city of Famagusta (in Cyprus), and trading posts in Crimea, the Black Sea, the Luni...
Getting the Culture and the Ethics Right
This volume is a collection of articles based upon presentations given on November 23, 2015 at a conference hosted by the Institute for Law and Finance entitled "Towards a New Age of Responsibility in Banking and Finance: Getting the Culture and the Ethics Right" which brought together leaders from the public and private sectors to discuss the importance of culture and ethics in restoring public trust in financial institutions.
Law and the Economy in Colonial India
By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."
European Financial Regulation
Mirroring the long-established structure of the financial industry, EU financial regulation as we know it today approaches banking, insurance and investment services separately and often divergently. In recent decades however, the clear separation between financial sectors has gradually evaporated, as business lines have converged across sectors and FinTech solutions have emerged which do not fit traditional sector boundaries. As the contours of the traditional tripartition in the financial industry have faded, the diverging regulatory and supervisory treatment of these sectors has become increasingly at odds with economic reality. This book brings together insights developed by distinguishe...
Systemic Risk in the Financial Sector
In late 2008, the world's financial system was teetering on the brink of systemic collapse. While the impacts of the global financial crisis would be felt immediately, at every level of the economy, it would also send years-long aftershocks through investment, banking and regulatory circles worldwide. More than a decade after the worst year of the global financial crisis, what has been learned from its harsh lessons? Are governments and regulators more prepared for another financial system failure that would significantly affect the real economy? What may be the potential triggers for such a collapse to occur in the future? Systemic Risk in the Financial Sector: Ten Years after the Great Cra...
Routledge Handbook of Corporate Law
The Routledge Handbook of Corporate Law provides an accessible overview of current research in the field, from an international and comparative perspective. In recent years there has been an explosion of corporate law research, as this area of law continues to develop rapidly throughout the world. Traditionally, Anglo–American corporate law theory has dominated debates and publications; however, this handbook readdresses the balance by exploring the treatment of corporate law in both Europe and Asia, as well developments in the US and UK. Bringing together a wide range of key thinkers in the field, this volume is divided into three main parts: Thinking about corporate law Corporate law principles and governance Some cross-cultural comparisons Providing up-to-date and authoritative articles covering all the key aspects of corporate law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
Theories of Choice
Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can be understood as an atomic structure that grounds core societal processes. In recent years, however, the debate over the right way to theorize choice - for example, as a rational or a behavioral type of decision making - has intensified. This collection provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in...
