(Ebook) International financial and monetary law 2nd edition by Rosa María Lastra 0199671095 9780199671090

(Ebook) International financial and monetary law 2nd edition by Rosa María Lastra 0199671095 9780199671090

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ISBN-10 :  0199671095 

ISBN-13 :  9780199671090

Author:  Rosa María Lastra 

This book is a leading authority on central banking and financial regulation, including detailed legal and policy analysis of the institutions that safeguard monetary stability and financial stability nationally, at the EU level and globally. The new edition has been renamed (previously 'Legal Foundations of International Monetary Stability') to better reflect the book's breadth of coverage, which includes an in-depth study of central banking, a fresh look at supervision, regulation and crisis management after the global financial crisis. It also includes updated material on the law of the European Central Bank and banking union, the law of the IMF and work undertaken by international standard-setters, in particular the FSB and the Basel Committee. Part I focuses on national developments, Part II deals with EU developments and Part III examines international developments. Each of these sections commences with a historical chapter, then analyses the framework of the 'monetary architecture'. Finally, each part considers the 'financial architecture' with regard to the functions of financial supervision (micro and macro) and surveillance, regulation and crisis management, including lender of last resort and resolution.

International financial and monetary law 2nd table of contents:

I Developments At The National Level
1. Monetary Sovereignty
A. Introduction
B. Definition of Sovereignty
C. History of Sovereignty
D. Money and Monetary Sovereignty under International Law: Lex Monetae
E. The Attributes of Monetary Sovereignty
F. The Erosion of Monetary Sovereignty
G. Concluding Observations
2. Central Banking Law
A. Introduction
B. Rationale and Functions of Central Banks
C. Monetary Stability and Other Central Bank Objectives
D. Independent Central Banks: Theory and Practice
E. Central Bank Accountability and Democratic Legitimacy
F. Supervisory Independence and Accountability
G. Central Bank Reserves and Central Bank Immunity
H. Currency Boards
3. Supervision, Regulation, and Financial Stability
A. Introduction
B. Definition of Supervision and Regulation
C. Separation between Monetary and Supervisory Functions
D. Financial Stability
E. The Optimal Number of Supervisory Authorities
F. Public versus Private Supervision
G. Independence versus Politically Directed Process
H. Institution versus Business Function
I. Institution versus Supervisory Function
J. Structural Reforms
4. Crisis Management
A. Introduction
B. The ‘Anatomy of a Crisis’
C. Lender of Last Resort
D. Deposit Insurance
E. Bank Resolution and Insolvency
F. Systemic Risk and Systemic Crises
5. Law Reform in Emerging Economies
A. Introduction
B. The Importance of the Legal Framework
C. Reform Agenda: The ‘Washington Consensus’
D. Beyond the ‘Washington Consensus’
E. The Law Reform Process
II Developments At The Eu Level
6. History of Monetary Integration in Europe
A. Introduction
B. Progress Towards Monetary Union in Europe
C. The Maastricht Treaty on European Union
D. Degrees of Integration
E. Optimum Currency Areas
F. Impact of EMU upon Other Regional Groupings
7. The Law of the European Central Bank
A. Introduction
B. The European System of Central Banks
C. Objectives of the ESCB
D. Tasks of the ESCB
E. The Status of the European Central Bank
F. Legal Provisions Regulating the Euro
G. The Future of the Euro
8. Economic Governance
A. Introduction
B. Asymmetry of EMU
C. Primary Law Regarding ‘Economic Union’: From Maastricht to Lisbon
D. Pre-crisis Secondary Law: The Stability and Growth Pact
E. The Fiscal Crisis and Lessons Thereof
F. Strengthening Economic Governance Post Crisis
G. Architecture to Deal with Sovereign Debt Problems in the Eurozone
I. Genuine Economic and Monetary Union
J. Regional Adjustment
K. Concluding Observations
9. External Aspects of EMU
A. Introduction
B. Exchange Rate Policy
C. Detailed Analysis of Articles 219 and 138 TFEU
D. International Relations
E. Concluding Observations
10. Banking Union
A. Introduction
B. The Rationale of Banking Union
C. The Three Pillars of Banking Union
D. The ‘Missing Pillar’: Lender of Last Resort
E. Concluding Observations
11. European Financial Architecture
A. Introduction
B. Models of Integration
C. History of the Legislative Processes to Adopt Financial Regulation in the EU
D. The European System of Financial Supervision
E. Concluding Observations
III Developments At The International Level
12. History of International Monetary Cooperation
A. Introduction
B. The International Gold Standard
C. The Inter-war Period
D. The Keynes and White Plans
E. The Bretton Woods Conference
F. The Bretton Woods Regime
G. The Second Amendment to the IMF Articles of Agreement
H. Concluding Observations
13. The Law of the International Monetary Fund
A. Introduction
B. The Role and Purposes of the IMF
C. Organizational Issues
D. Financial Issues
E. Special Drawing Rights
F. Current Account Convertibility and the Control of Capital Movements
G. IMF Functions
H. The Evolution of IMF Financial Facilities and Policies
I. Concluding Observations
14. International Financial Architecture
A. Introduction
B. ‘Soft Law’ and International Financial Standard Setting
C. The Role of the IMF in Crisis Management
D. The Actors in the International Financial Architecture
E. A New Architecture: Do We Need a World Financial Organization?
F. Concluding Observations

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