Governing the World's Biggest Market

The Politics of Derivatives Regulation After the 2008 Crisis

Author: Eric Helleiner,Stefano Pagliari,Irene Spagna

Publisher: Oxford University Press

ISBN: 0190864575

Category:

Page: 288

View: 5758

DOWNLOAD NOW »

In the wake of the 2008 global financial crisis, the regulation of the world's enormous derivatives markets assumed center stage on the international public policy agenda. Critics argued that loose regulation had contributed to the momentous crisis, but lasting reform has been difficult toimplement since. Despite the global importance of derivatives markets, they remain mysterious and obscure to many.In Governing the World's Biggest Market, Eric Helleiner, Stefano Pagliari, and Irene Spagna have gathered an international cast of contributors to rectify this relative neglect. They examine how G20 governments have developed a coordinated international agenda to enhance control over these markets,which had been allowed to grow largely unchecked before the crisis. In analyzing this reform agenda, they advance three core arguments: first, the agenda to rein in these enormous markets has many limitations; second, the reform process has been plagued by delays, inconsistencies, and tensions thatfragment the governance of these markets; and third, the politics driving the reforms have been extremely complicated. An authoritative overview of how this vast system is governed, Governing the World's Biggest Market looks at how the goals, limitations, and outcomes of post-crisis initiatives to regulate these markets have been influenced by a complex combination of transnational, inter-state, and domesticpolitical dynamics. Moreover, this volume emphasizes how crucial regulatory reform is to stabilizing the global economy long-term.
Release

Application of Anti-manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law

Author: Huseyin Cagri Corlu

Publisher: Kluwer Law International B.V.

ISBN: 9041196048

Category: Law

Page: 314

View: 6819

DOWNLOAD NOW »

In the course of energy liberalisation, electricity and natural gas contracts have been separated from physical delivery, and these contracts are now traded as commodities in multilateral trading facilities. Although designed to render energy trading standardised and efficient, this system raises serious questions as to whether existing regulatory and antitrust provisions are sufficient to address market abuses that cause imbalances in demand and supply. The European Union’s (EU’s) Regulation on Wholesale Energy Market Integrity and Transparency (REMIT), adopted to combat such market manipulation, is still lacking in significant case law to bolster its effectiveness. Addressing this gap, this invaluable book provides the first in-depth analysis of market manipulation in the energy sector, offering a deeply informed understanding of the new anti-manipulation rules and their implementation and enforcement. Focusing on practices that perpetrators employ to manipulate electricity and natural gas markets and the applicability of anti-manipulation rules to combat such practices, the analysis examines such issues and topics as the following: – factors and circumstances that determine when and what market misconduct can be subject to enforcement; – the European Commission’s criteria to determine whether a particular market is susceptible to regulation; – jurisdiction of REMIT and the Market Abuse Regulation (MAR) with respect to the prohibitions of insider trading in financial wholesale energy markets; – to what extent anti-manipulation rules and EU competition law may be applied concurrently; and – types of physical and financial instruments that market participants have employed in devising their manipulative schemes. Because market manipulation is rather new in the EU context but has been prohibited and prosecuted under US law for over a century, much of the case law analysis is from the United States and greatly clarifies how anti-manipulation rules may be enforced. A concluding chapter offers policy recommendations to mitigate legal uncertainties arising from REMIT. Energy market participants, such as energy producers, wholesale suppliers, traders, transmission system operators and their counsel, and legal practitioners in the field will welcome this book’s extensive legal analysis and its clear demarcation of the objectives that REMIT seeks to accomplish with respect to energy market liberalisation.
Release

The Little Book of Market Manipulation

An Essential Guide to the Law

Author: Gregory J Durston,Ailsa McKeon

Publisher: Waterside Press

ISBN: 1909976733

Category: Law

Page: 148

View: 1264

DOWNLOAD NOW »

Market manipulation comes in many forms. For a wrong that some say started life with groups of men dressed in Bourbon uniforms spreading false information in cod French accents, the speed of change has accelerated dramatically in the modern era, via the Internet, novel forms of electronic communication, ultra-fast computer-generated trading, new types of financial instruments, and increased globalisation. This means that opportunities for carrying-out new forms of manipulation now exist on an exponential scale. Looks at the mechanisms, criminal and civil, to confront market manipulation, its enforcement regimes, legal and evidential rules and potential loopholes. Shows how every individual involved in market transactions can fall foul of the law if they do not ensure integrity in their dealings. The ‘tricks’ used by those seeking to benefit from this special category of fraud and the relationship of dedicated provisions to the general law is outlined, with key statutory provisions set out in an appendix. A valuable accompaniment to The Little Book of Insider Dealing (Waterside Press, 2018). An invaluable pocket guide and law primer. An essential guide for investors. With practical examples and decided cases. An up-to-date treatment of a fast-moving topic. Describes both criminal and regulatory regimes. Contents include Forms of Market Manipulation; Suspicion, Identification, Detection and Investigation; Obligations and Enforcement; Criminal Offences, Defences and Punishment; Regulatory Provisions and Penalties; Evidence; Acronyms; Select Bibliography; Key Statutory Provisions and Index.
Release

Union of the Comoros

Report on Observance of Standards and Codes: FATF Recommendations for Anti-Money Laundering and Combating the Financing of Terrorism

Author: International Monetary Fund

Publisher: International Monetary Fund

ISBN: 1455269840

Category: Business & Economics

Page: 12

View: 9803

DOWNLOAD NOW »

This report on the Observance of Standards and Codes for the Financial Action Task Force (FATF) 40 Recommendations for Anti-Money Laundering (AML) and 9 Special Recommendations on Combating the Financing of Terrorism (CFT) was prepared by the Legal Department of the IMF. It provides a summary of the AML/CFT measures. The assessment is based on the information available at the time of the onsite mission conducted. The views are those of the IMF team and do not reflect the views of the government of the Comoros.
Release

The Challenge of Enforcement in Securities Markets: Mission Impossible?

Author: Ana Carvajal,Jennifer A. Elliott

Publisher: International Monetary Fund

ISBN: N.A

Category: Securities fraud

Page: 37

View: 3673

DOWNLOAD NOW »

Weaknesses in the enforcement of regulation have been targeted by the G-20 as a priority concern for reform. But enforcement efforts in securities markets have proven difficult and uneven. The recent scandal in the United States, wherein a Ponzi scheme orchestrated by Bernard Madoff went undetected by the U.S. authorities for more than two decades, has once again highlighted the importance of effective enforcement of securities regulation, as well as the challenges that securities regulators around the world face in implementing credible enforcement programs. While in many instances it is individuals who bear the losses, we show that noncompliance with securities law can have serious system-wide impact and that the credibility of the system as a whole rests on the existence of effective discipline-the probability of real consequences for failure to obey the law. This paper explores the elements of enforcement, why it is so challenging, why it is important, and whether its effects can be measured. Through an analysis of the data gathered in the World Bank/IMF Financial Sector Assessment Program (FSAP), the paper examines how enforcement is being carried out around the world and draws conclusions regarding how countries are meeting the challenge of effective enforcement.
Release

How to Speak Money: What the Money People Say-And What It Really Means

Author: John Lanchester

Publisher: W. W. Norton & Company

ISBN: 0393243389

Category: Business & Economics

Page: 288

View: 3517

DOWNLOAD NOW »

"Refreshingly clear, sharp, and funny, How to Speak Money will help you understand not only what the language of finance means but also why it matters." —James Surowiecki, author of The Wisdom of Crowds To those who don’t speak it, the language of money can seem impenetrable. Fortunately, John Lanchester—the best-selling novelist and reporter hailed by The Economist for "explain[ing] complex stuff in a down-to-earth and witty style"—is here to bridge the gap between the money people and the rest of us. With wit and candor, Lanchester explains more than 300 common words and phrases from "AAA rating" and "amortization" to "yield curve" and "zombie bank."
Release

United States

Publication of Financial Sector Assessment Program Documentation: Detailed Assessment of Implementation of the IOSCO Objectives and Principles of Securities Regulation

Author: International Monetary Fund

Publisher: International Monetary Fund

ISBN: 1455206210

Category: Business & Economics

Page: 108

View: 5150

DOWNLOAD NOW »

This paper presents Detailed Assessment of the United States’s implementation of the International Organization of Securities Commissions’ Objectives and Principles of Securities Regulation. The general preconditions for effective securities regulation in the United States are present. The legal and accounting system supports the implementation of requirements and effective regulation of market participants. The legislation regarding bankruptcy, insolvency, and winding up in the jurisdiction and the professionals associated with those matters are sophisticated.
Release