Books in the International Corporate Law and Financial Market Regulation series

Corporate governance is currently one of the key topics for legislation, practice and academia across the world. Comparative Corporate Governance combines current scholarship in law and economics with the expertise of local corporate governance specialists from twenty-three countries in a must-have for corporate lawyers, regulators and academics.

This book discusses the insolvent entity problem, arising when companies within corporate groups and networks are unable to pay personal injury victims in full. It provides arguments for rules extending liability for personal injuries beyond insolvent entities especially in cases of mass wrongdoing such as asbestos exposure and defective pharmaceuticals.

This collection of cutting-edge scholarship examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research. It features an excellent mix of authors ranging from global leaders to rising stars and addresses questions from the EU to China.

This book, which challenges and deepens one's understanding of the key issues concerning shareholders, will appeal to a broad audience, ranging from students and scholars to judges, policy makers and regulators of comparative company law, comparative corporate governance, comparative securities regulation, private law, and Asian jurisdictions.

Designed to enhance our understanding of the development of contemporary corporate fiduciary law. This book explores the foundations of the ideas and concepts that structure modern corporate fiduciary law and explains the drivers of the diverging approaches taken in the US and UK.

A wide-ranging study of derivatives market litigation that will be of interest to private lawyers, financial law specialists, practitioners, regulators and economists. Braithwaite engages with the diverse legal and financial issues emerging from this substantial body of litigation in a clear, authoritative and accessible way.

Critically examines how corporate law and governance can be used to promote sustainability in Asia. It will be of interest to a broad audience, ranging from students and scholars to regulators and observers of comparative sustainability, corporate social responsibility, comparative corporate law and corporate governance, as well as Asian studies.

This book provides the first in-depth analysis of the independent director in Asia, describing who they are, what they do and how they are regulated in seven of Asia's most important and dynamic economies and Australia. It will appeal to comparative corporate law and governance scholars, regulators and lawyers interested in new developments in the field.

This collection of cutting-edge scholarship examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research. It features an excellent mix of authors ranging from global leaders to rising stars and addresses questions from the EU to China.

A collection of cutting-edge research from leading law and finance scholars that provides a comprehensive look at the challenges legislators face in regulating related party transactions in a socially beneficial way. This work will appeal to scholars, policymakers, and graduate students interested in the much-debated area of corporate governance.

This book provides the first in-depth analysis of the independent director in Asia, describing who they are, what they do and how they are regulated in seven of Asia's most important and dynamic economies and Australia. It will appeal to comparative corporate law and governance scholars, regulators and lawyers interested in new developments in the field.

Since the financial crisis, corporate or capital markets law has been the focus of attention by academia and media. This book presents a new approach to the risks and benefits of interdisciplinary and policy work for legislators and judges, and will appeal to lawyers and economists working in these areas.

A critical and contextual examination of why and how retail investors should be protected, based on EC investor-protection law and policy and on the domestic UK experience, and placed in the context of the financial crisis; of interest to regulators, policy-makers and legal academics.

The EU and the US responded to the global financial crisis by changing the rules for the functioning of financial services and markets and by establishing new oversight bodies. With the US Dodd-Frank Act and numerous EU regulations and directives now in place, this book provides a timely and thoughtful explanation of the key elements of the new regimes in both regions, of the political processes which shaped their content and of their practical impact. Insights from areas such as economics, political science and financial history elucidate the significance of the reforms. Australia's resilience during the financial crisis, which contrasted sharply with the severe problems that were experienced in the EU and the US, is also examined. The comparison between the performances of these major economies in a period of such extreme stress tells us much about the complex regulatory and economic ecosystems of which financial markets are a part.

This comparative examination of the derivative action in Asia explores its function, history and practical application in seven jurisdictions. The analysis by leading corporate law scholars of one of the most important corporate governance mechanisms in Asia will benefit corporate lawyers, business executives and corporate law and governance scholars.

This multidisciplinary analysis of governance structures for international finance critiques the national approach to the regulation of global financial markets, provides a new reading of the causes of the global financial crisis, and proposes a new governance system to stabilise the international financial system and promote open global markets.

Joan Loughrey's examination of the corporate governance role of corporate lawyers in the UK offers an analysis of the changing structure of the legal profession from an ethical, legal and regulatory perspective. Developments in the USA, Canada and Australia are also taken into account.

Pierre Schammo provides a topical analysis of EU prospectus law (including the 2010 amendments to the Prospectus Directive) and the new rules governing the European Securities and Markets Authority. He also breaks new ground on regulatory competition by offering a contextual analysis of the negotiations of the Prospectus Directive.

This volume analyses some of the main issues in European Corporate Governance. Its key features (empirical analysis based on new data of pivotal topics in CG; European viewpoint; development of clear policy implications from leading European experts) make it a reference point in both the academic and the policy debate.

Sol Picciotto overturns common myths about the unregulated market economy, showing how large corporations are closely linked with states and how regulation generally reinforces corporate power. Multinational corporations exploit jurisdictional interactions especially using havens and the offshore system, and the complex networks of law and regulation thereby forged are analysed.

Andrew Johnston examines EC regulation of national corporate governance systems through the lenses of economic theory and reflexive governance. By contrasting the normative demands of the neoclassical 'agency' model with those of the productive coalition model, he shows how their incompatibility required political compromise. Reflexive governance theory is then used to explain how progress has been possible. Through detailed analysis of both case law and positive regulation, the author highlights the move from positive to negative integration; the benefits as well as the limits of regulatory competition; and the significant role of reflexive techniques in both preventing market failure and enabling positive integration to proceed. The workable compromise that has emerged between market integration and continued regulatory diversity at national level demonstrates that procedural regulation can steer autonomous social subsystems towards greater responsibility and a better articulation of the public good.

The economic importance of the non-profit sector is growing, and, as a result, so is the interest from legal scholars, economists and politicians. Written by experts from the USA and Europe, the essays in this book form an interdisciplinary discussion focussing on aspects of comparative corporate governance for non-profit organisations.

This collection of essays has been compiled in honour of Professor Eddy Wymeersch on his retirement as professor at Ghent University. Together they offer a unique view on how financial integration and economic globalisation influence the design and enforcement of company law and financial regulation in various jurisdictions.

On the one hand, it can be argued that the increasing economic and political interdependence of countries has led to the convergence of national legal systems. On the other hand, advocates of the counterhypothesis maintain that this development is both unrealistic and unnecessary. Mathias M. Siems examines the company law of the UK, the USA, Germany, France, Japan and China to see how this issue affects shareholder law. The author subsequently analyses economic and political factors which may or may not lead to convergence, and assesses the extent of this development. Convergence of Shareholder Law not only provides a thorough comparative legal analysis but also shows how company law interconnects with political forces and economic development and helps in evaluating whether harmonisation and shareholder protection should be enhanced.

Limited liability companies form the backbone of our modern economy. However, there is a persistent danger of moral hazard on the part of directors and shareholders. This book investigates the mechanisms found in English and German law that are designed to protect creditors from such risks.