Search results for ""Author Douglas W. Arner""

Book SynopsisThis book examines international and domestic responses to financial crises while providing an agenda for financial development to support economic growth. The volume provides the first comprehensive analysis of the role of law and institutions in financial stability and development.Table of ContentsPart I. Finance and the International Financial Architecture: 1. Law, finance, and development; 2. Financial stability and the international financial architecture; Part II. Foundations of Finance: 3. Preconditions for and institutional underpinnings of finance; 4. Central banking and financial policy; 5. Financial infrastructure; Part III. Financial Regulation and Supervision: 6. Banking: regulation, supervision, and development; 7. Non-bank finance: securities, insurance, pensions, and microfinance; 8. Financial liberalization, financial conglomerates and financial regulatory structure; Part IV. Looking Forward: 9. The international financial architecture; 10. Reforming financial systems.

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Book SynopsisIn this book, top legal and financial scholars propose bold new solutions to international financial regulation in the wake of the 2008 global financial crisis. Their call for innovative reform will be of primary interest to regulatory and banking legal practitioners, policy makers, scholars, research students and think tanks.Trade Review'The most outstanding contribution of the book to the literature on the global financial regulation is particularly manifested in shedding light on the most recent regulations and institutional developments introduced after the GFC, that have significant implications for the governance and regulation of global finance.' Hossein Nabillou, Banking and Finance Law ReviewTable of Contents1. Introduction Douglas W. Arner, Ross P. Buckley and Emilios Avgouleas; 2. The changing nature of banking and why it matters Ross P. Buckley; 3. Understanding the global in global finance and regulation Lawrence G. Baxter; Part I. Global Financial Architecture: Evolution, Shortcomings, Interdependence: 4. The financial stability board and the future of international financial regulation Douglas W. Arner and Michael Taylor; 5. Financial regulation's overlooked networks David Zaring; 6. Why has Basel III become hard law for China? The domestic political economy of international financial law Chao Xi; Part II. The Changing Face of Central Banking: 7. Reconceptualising central banking: from the great inflation to the great recession and beyond Donato Masciandaro; 8. The macroprudential quandary: unsystematic efforts to reform financial regulation Kern Alexander and Steven L. Schwarcz; 9. Rethinking the law in 'safe assets' Anna Gelpern and Erik F. Gerding; Part III. Reconceptualising Cross Border Finance: 10. Competing for renminbi: financial centres in the context of renminbi globalisation Shen Wei; 11. 'Market quality' and moral hazard in financial market design David C. Donald; 12. Cross border banking: reconceptualising bank secrecy Ruth Plato-Shinar; 13. Liability for transnational securities fraud, quo vadis? Amir N. Licht; Part IV. Addressing Too-Big-To-Fail and Shadow Banking: 14. Large systemic banks and fractional reserve banking, intractable dilemmas in search of effective solutions Emilios Avgouleas; 15. Turning the tide? How European banking and financial services legislation is making waves on the enforcement front Dalvinder Singh and James Hodges; 16. Shadow banking or 'bank's shadow:' reconceptualising global shadow banking regulation Yingmao Tang; 17. Shadow banking and its regulation: the case of China Robin Hui Huang; Part V. The Role of Culture and Ethics in Global Finance: 18. Promoting capital markets professionalism – an emerging Asian model Brian W. Tang; 19. Competitiveness of financial centres in light of financial and tax law equivalence requirements Dirk Zetzsche; 20. Human rights due diligence as new policy in financial institutions Rolf H. Weber; 21. Reconceptualising the role of standards in supporting financial regulation William Blair; 22. Conclusion Emilios Avgouleas, Douglas W. Arner and Ross P. Buckley.

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Book SynopsisThis comprehensive Research Handbook provides an in-depth analysis of the different financial law approaches, legal systems and trends throughout Asia. Considering how reforms following the crises have been critical for the development and growth of the region, this insightful book explores a broad range of post-crisis financial regulatory issues. It also examines how inconsistent and divergent approaches to financial market regulation are curtailing the region's potential. By focusing on the legal frameworks and regulatory models at a national level, this innovative Research Handbook addresses opportunities and challenges for financial markets and convergence in the region. Key topics include the different legal and regulatory approaches to common issues, such as banking regulation and resolution, FinTech, insolvency frameworks and ASEAN financial market integration. Specific regulatory approaches are discussed in relation to areas such as Renminbi internationalization, Islamic banking and finance, shadow banking, crowdfunding, venture capital, derivatives, bond and securities markets. The book concludes with an analysis of the impact of FinTech on regulatory convergence in Asia. The Research Handbook on Asian Financial Law will be of great value to law students, academics and policymakers working across a diverse range of fields including financial regulation, Asian studies, banking resolution and insolvency. Contributors include: D. Arner, J. Barberis, L. Bromberg, S. Butt, A. Chan, C. Chen, V. Chen, H. Dervan, D. Donald, D. Elms, S. Gao, E. Gibson, A. Godwin, S.i Han, L.C. Hang, C. Hofmann, I.R. Ibrahim, S. Jensen, S. Kourabas, T. Lindsey, T. Morishita, D. Neo, M.H. Nguyen, I. Ramsay, W. Shen, T. Srinopnikom, S. Steele, N.N. Thani, C.-h. Tsai, W.Y. Wan, C. Watters, C. XiTrade Review'This is an excellent Research Handbook on Asian financial law and regulation. It brings together 32 of the leading experts in the area examining the subject across 27 substantial and informed chapters. The coverage is extensive. The treatment is sharp and professional. The analysis is deep and balanced. This is a timely and necessary piece of work, especially following the recent crises and instability in Asian and global financial markets and the future potential of the region. This sets a new standard of scholarship in the area and will immediately become the new reference text on this fascinating subject.' --George Walker, Queen Mary University of London, UK'This volume brings together leading experts in Asia-Pacific financial law and regulation, offering distinguishing perspectives from literature focused on the US/EU/UK. Asian financial law and regulation deserves its own platform and this volume is timely and highly valuable to researchers and practitioners alike.' --Iris H-Y Chiu, University College London, UK'This Research Handbook brings together the region's pre-eminent financial law scholars to analyse the major issues confronting East Asia. It is filled with illuminating and incisive insights across a broad and comprehensive canvas. I commend it to all who are interested in the development of the financial systems in our part of the world. No one could dip into this work without being deeply educated.' --Ross Buckley, University of New South Wales, AustraliaTable of ContentsContents: PART I INTRODUCTION AND CONCEPTUAL FRAMEWORK 1 Introduction to Research Handbook on Asian Financial Law 2 Douglas W. Arner, Wai Yee Wan, Andrew Godwin, Wei Shen, and Evan Gibson 2 The historical development of financial regulatory principles: influences on Asia-Pacific systemic supervision 10 Evan Gibson and Douglas W. Arner 3 Trends and theory in financial regulation and regulatory design after the global financial crisis 30 Steve Kourabas PART II FINANCIAL REGULATION IN ASIA 4 Financial regulatory models in the Asia-Pacific – a case study in diversity 50 Andrew Godwin 5 Bank resolution 64 Christian Hofmann 6 Networked securities markets: from cross-listing to direct connection 86 David C. Donald 7 Regulation of derivatives in Asia: when technology meets financial engineering 101 Christopher Chen 8 Internationalization of renminbi: offshore renminbi businesses, offshore renminbi centres and renminbi’s reserve currency status 122 Wei Shen PART III FINANCIAL INTEGRATION IN ASIA 9 Understanding ASEAN integration and trade 145 Deborah Elms and Minh Hue Nguyen 10 Cross-border regulation of securities markets in ASEAN 173 Wai Yee Wan 11 ASEAN bond markets: developments and challenges 192 Tir Srinopnikom 12 Consumer financial dispute resolution in a time of increased regulatory scrutiny 209 Vivien Chen, Andrew Godwin and Ian Ramsay 13 Depositor preference and deposit insurance schemes – challenges for regulatory convergence and regulatory coordination in Asia 233 Angus Chan, Andrew Godwin and Ian Ramsay 14 Cross-border insolvency in East Asia: cooperation and convergence 257 Casey G. Watters PART IV COUNTRY STUDIES 15 Anti-‘grey rhino’: prudential regulation and bank resolution in China 274 Simin Gao 16 China’s puzzling banking and shadow banking sectors after the global financial crisis 293 Wei Shen 17 Macau banking law and financial institutions 315 Leong Cheng Hang 18 Indonesian financial laws: banking, insolvency and taxation 336 Tim Lindsey and Simon Butt 19 The development of Islamic banking and finance: the Malaysian experience 368 Nik Norzrul Thani and Ili Rahilah Ibrahim 20 Financial regulation in New Zealand: optimizing twin peaks 387 Helen Dervan and Simon Jensen 21 Financial consumer protection in Singapore 408 Dora Neo PART V FINTECH AND INNOVATIVE FINANCE 22 FinTech and its regulation in Hong Kong 431 Douglas W. Arner, Evan Gibson, and Janos Barberis 23 Recent developments of Japanese laws and regulations on FinTech 454 Tetsuo Morishita 24 Lessons from Mt Gox: practical considerations for a virtual currency insolvency 479 Stacey Steele and Tetsuo Morishita 25 Financial regulation as interagency competition? The saga of venture capital rule-making in China 499 Sirui Han and Chao Xi 26 Is a bird in the hand worth two in the bush? Reflections on equity crowdfunding regulation in Taiwan 525 Chang-hsien Tsai 27 Sandboxes and bridges – the impact of Fintech on regulatory convergence and coordination in Asia 547 Lev Bromberg, Andrew Godwin and Ian Ramsay Index 569

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Book SynopsisThis comprehensive Research Handbook provides an in-depth analysis of the different financial law approaches, legal systems and trends throughout Asia. Considering how reforms following the crises have been critical for the development and growth of the region, this insightful book explores a broad range of post-crisis financial regulatory issues. It also examines how inconsistent and divergent approaches to financial market regulation are curtailing the region's potential. By focusing on the legal frameworks and regulatory models at a national level, this innovative Research Handbook addresses opportunities and challenges for financial markets and convergence in the region. Key topics include the different legal and regulatory approaches to common issues, such as banking regulation and resolution, FinTech, insolvency frameworks and ASEAN financial market integration. Specific regulatory approaches are discussed in relation to areas such as Renminbi internationalization, Islamic banking and finance, shadow banking, crowdfunding, venture capital, derivatives, bond and securities markets. The book concludes with an analysis of the impact of FinTech on regulatory convergence in Asia. The Research Handbook on Asian Financial Law will be of great value to law students, academics and policymakers working across a diverse range of fields including financial regulation, Asian studies, banking resolution and insolvency. Contributors include: D. Arner, J. Barberis, L. Bromberg, S. Butt, A. Chan, C. Chen, V. Chen, H. Dervan, D. Donald, D. Elms, S. Gao, E. Gibson, A. Godwin, S.i Han, L.C. Hang, C. Hofmann, I.R. Ibrahim, S. Jensen, S. Kourabas, T. Lindsey, T. Morishita, D. Neo, M.H. Nguyen, I. Ramsay, W. Shen, T. Srinopnikom, S. Steele, N.N. Thani, C.-h. Tsai, W.Y. Wan, C. Watters, C. XiTrade Review'This is an excellent Research Handbook on Asian financial law and regulation. It brings together 32 of the leading experts in the area examining the subject across 27 substantial and informed chapters. The coverage is extensive. The treatment is sharp and professional. The analysis is deep and balanced. This is a timely and necessary piece of work, especially following the recent crises and instability in Asian and global financial markets and the future potential of the region. This sets a new standard of scholarship in the area and will immediately become the new reference text on this fascinating subject.' --George Walker, Queen Mary University of London, UK'This volume brings together leading experts in Asia-Pacific financial law and regulation, offering distinguishing perspectives from literature focused on the US/EU/UK. Asian financial law and regulation deserves its own platform and this volume is timely and highly valuable to researchers and practitioners alike.' --Iris H-Y Chiu, University College London, UK'This Research Handbook brings together the region's pre-eminent financial law scholars to analyse the major issues confronting East Asia. It is filled with illuminating and incisive insights across a broad and comprehensive canvas. I commend it to all who are interested in the development of the financial systems in our part of the world. No one could dip into this work without being deeply educated.' --Ross Buckley, University of New South Wales, AustraliaTable of ContentsContents: PART I INTRODUCTION AND CONCEPTUAL FRAMEWORK 1 Introduction to Research Handbook on Asian Financial Law 2 Douglas W. Arner, Wai Yee Wan, Andrew Godwin, Wei Shen, and Evan Gibson 2 The historical development of financial regulatory principles: influences on Asia-Pacific systemic supervision 10 Evan Gibson and Douglas W. Arner 3 Trends and theory in financial regulation and regulatory design after the global financial crisis 30 Steve Kourabas PART II FINANCIAL REGULATION IN ASIA 4 Financial regulatory models in the Asia-Pacific – a case study in diversity 50 Andrew Godwin 5 Bank resolution 64 Christian Hofmann 6 Networked securities markets: from cross-listing to direct connection 86 David C. Donald 7 Regulation of derivatives in Asia: when technology meets financial engineering 101 Christopher Chen 8 Internationalization of renminbi: offshore renminbi businesses, offshore renminbi centres and renminbi’s reserve currency status 122 Wei Shen PART III FINANCIAL INTEGRATION IN ASIA 9 Understanding ASEAN integration and trade 145 Deborah Elms and Minh Hue Nguyen 10 Cross-border regulation of securities markets in ASEAN 173 Wai Yee Wan 11 ASEAN bond markets: developments and challenges 192 Tir Srinopnikom 12 Consumer financial dispute resolution in a time of increased regulatory scrutiny 209 Vivien Chen, Andrew Godwin and Ian Ramsay 13 Depositor preference and deposit insurance schemes – challenges for regulatory convergence and regulatory coordination in Asia 233 Angus Chan, Andrew Godwin and Ian Ramsay 14 Cross-border insolvency in East Asia: cooperation and convergence 257 Casey G. Watters PART IV COUNTRY STUDIES 15 Anti-‘grey rhino’: prudential regulation and bank resolution in China 274 Simin Gao 16 China’s puzzling banking and shadow banking sectors after the global financial crisis 293 Wei Shen 17 Macau banking law and financial institutions 315 Leong Cheng Hang 18 Indonesian financial laws: banking, insolvency and taxation 336 Tim Lindsey and Simon Butt 19 The development of Islamic banking and finance: the Malaysian experience 368 Nik Norzrul Thani and Ili Rahilah Ibrahim 20 Financial regulation in New Zealand: optimizing twin peaks 387 Helen Dervan and Simon Jensen 21 Financial consumer protection in Singapore 408 Dora Neo PART V FINTECH AND INNOVATIVE FINANCE 22 FinTech and its regulation in Hong Kong 431 Douglas W. Arner, Evan Gibson, and Janos Barberis 23 Recent developments of Japanese laws and regulations on FinTech 454 Tetsuo Morishita 24 Lessons from Mt Gox: practical considerations for a virtual currency insolvency 479 Stacey Steele and Tetsuo Morishita 25 Financial regulation as interagency competition? The saga of venture capital rule-making in China 499 Sirui Han and Chao Xi 26 Is a bird in the hand worth two in the bush? Reflections on equity crowdfunding regulation in Taiwan 525 Chang-hsien Tsai 27 Sandboxes and bridges – the impact of Fintech on regulatory convergence and coordination in Asia 547 Lev Bromberg, Andrew Godwin and Ian Ramsay Index 569

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Book SynopsisTable of ContentsA FinTech and RegTech Overview: Where We Have Come From and Where We Are Going vi About the Editors xii Acknowledgements xiv 1. Introduction What a RegTech Compliance Killer System Will Look Like 6 Technology-Enabled Collaborative Compliance 10 The Age of RegTech Disruption to the Status Quo Is Here 16 RegTech and Financial Crime Prevention 20 RegTech: Tackling Regulation with Innovation 26 Identities, the RegTech Holy Grail 30 2. The RegTech Landscape Islamic RegTech 38 How RegTech Could Help Determine the Future of Financial Services 44 Introducing the RegTech Quality Compass: The Five Factors of RegTech Quality 50 How Banks Are Managing Their Risk Through Technology and Market Infrastructure 55 RegTech and the Science of Regulation 58 GDPR and PSD2: Self-Sovereign Identity, Privacy, and Innovation 62 Rise of RegTech in the German Market 66 The Power of RegTech to Drive Cultural Change and Enhance Conduct Risk Management Across Banking 70 3. Regulatory Innovation and Sandboxes Discover the Innovative Technology Behind RegTech Leaders 80 Enabling RegTech Up Front: Unambiguous Machine-readable Regulation 85 Align Open Banking and Future-Proof RegTech for Regulators and Third-Party Providers to Deliver the Optimal Consumer Convenience and Protection 89 A Seat at the Table – Bringing the Voice of FinTech to the US Regulatory Process 93 Sandbox Games for RegTech 99 Legal Guidance for Entering the Sandbox and Taking Advantage of Cross-Border Cooperation Agreements 102 RegTech and the Sandbox − Play, Innovate, and Protect! 106 4. A Call for Innovation or Disruption? Governance, Risk, and Compliance: Complex or Complicated? 118 Innovation or Disruption: Not Always Black and White 122 How to Use Digital Marketing Data in Regulated Industries 126 Invention Versus Reinvention 130 Making Regulation Machine Readable 134 Can We Digitize Know Your Client? 138 5. RegTech Investment and Compliance Spending Why a Substantial Investment in Financial Services RegTech Now Will Strategically Reduce Your Future Regulatory Compliance Costs 146 Old Tech + New Tech = RegTech: Excel Spreadsheets and End User Computing in a Regulated World 150 Will Financial Institutions Ever Achieve a 100% Compliance with Anti–Money Laundering and Combating the Financing of Terrorism Rules? 154 Merits and Demerits of a Shared Risk Engine 158 Spend on Compliance: A Necessary Evil orBusiness Enabler? 163 6. RegTech for Authorized Institutions RegTech Opportunities in a Post-4MLD/5MLD World 172 Passporting in the EU – Is an Opportunity Also a Problem? 177 What Do PSD2 and Similar Activities Mean for Banks and FinTech Start-ups? 181 7. RegTech from a Regulatory Perspective The Role of Anti–Money Laundering Law and Compliance in FinTech 190 Banking Supervision at a Crossroads – RegTech as the Regulators’ Toolbox 195 FinReg, FinTech, and RegTech – Quo Vadis, EU? 199 The RegTech Landscape from a Regulator’s Perspective 205 RegTech is for Regulators Too, and its Future is in Emerging Markets 210 8. Blockchain and AI in RegTech The ROI of RegTech 218 The Augmented Compliance Office 221 Dissolving Barriers: A Global Digital Trust Protocol 226 Can AI Really Disrupt Monitoring for Suspicious Activity? 231 Forging a Responsibility and Liability Framework in the AI Era for RegTech 235 Compliance with Data Protection Regulations by Applying the Blockchain Technology 246 Blockchains Are Diamonds’ Best Friend: The Case for Supply Chain Transparency 250 9. RegTech Applicability Outside the Financial Services Industry Protecting Consumers and Enabling Innovation 260 RegTech Impact on the Private Security Industry 263 ArtTech: How Blockchain Can Improve Provenance 266 The Potential of RegTech in Improving the Effectiveness of Environmental Regulation 270 RegTech Applicability Outside the Financial Services Industry 274 Using RegTech as a Cross-Industry Digitization Tool 278 RegTech Unleashed: Discovering the Pathways Beyond Finance 282 RegTech Outside Finance: Four Options, One Clear Choice 287 RegTech: A Safe Bet for Tackling AML and Fraud in the Gambling Sector 292 10. Social Impact and Regulation The FinTech Ecosystem Between Legal Compliance and Social Dimension 300 The End Justifies the Means: Putting Social Purpose Back at the Heart of Banking and Financial Regulation 305 RegTech’s Impact on Trust and Identity 310 How Technology Is Driving Financial Inclusion 314 Banking the Unbanked and Underbanked: RegTech as an Enabler for Financial Inclusion 318 Superhero Way: Enhancing Regulatory Supervision with Superpowers 323 11. The Future of RegTech Market Surveillance 2020 330 I Regulate, Therefore I Am? Regulating Humans’ and Machines’ Conduct and Culture 335 The Future of RegTech 340 From RegTech to TechReg – Regulation in a Decentralized World 344 Emerging Innovations in RegTech 348 List of Contributors 351 Index 358

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Book SynopsisThis book analyzes recent developments and likely future paths for trade and financial integration in East Asia. It suggests a more coherent, balanced way forward for regional economic integration and analyses implications for institution building in East Asia. East Asia has achieved a high degree of intra-regional trade, investment and GDP correlation, through an expanding web of free trade agreements and production networks. However, financially, most regional economies are linked more closely to North America and Europe than to each other. As trade integration has accelerated, financial and monetary integration has not kept pace. East Asian Economic Integration analyzes potential reasons and remedies for this phenomenon through a multidisciplinary framework of law, politics and economics. This comprehensive book will appeal to researchers and students in political science, international relations, trade law, international finance law, and regional studies generally. It will also be of great interest to regional policy makers. Contributors include: H. Gao, P. Lejot, C.L. Lim, B. Mercurio, M. Mushkat, R. Mushkat, J. Nakagawa, C.-Y. Park, I. Sohn, L. Toohey, N. Vu, T.H. YenTrade Review'This book offers a fascinating exploration of the contradictions of East Asian economic integration: a topic of enormous contemporary significance to observers of world political and economic affairs. The collection provides an unusually rigorous and systematic treatment of this important topic, drawing on contributions from an impressive array of experts. It will provide a valuable resource for students, scholars and other observers seeking deeper understanding of the contemporary dynamics and challenges of East Asian integration.' - Kate MacDonald, University of Melbourne, Australia 'East Asia is a crucial part of the global economy. This book analyses three key elements of East Asian economic integration: trade, investment and international finance. The authors are leading experts in their fields. Their book represents an important addition to the literature on a subject of fundamental importance both regionally and globally.' --- Bradly J. Condon, ITAM, Mexico CityTable of ContentsContents: Introduction Ross P. Buckley, Richard Weixing Hu and Douglas W. Arner PART I: THE CHANGING REGIONAL ORDER AND DYNAMICS FOR COOPERATION 1. China, the US and Regional Institution Building in East Asia Richard Weixing Hu 2. Who’s Afraid of Asian Trade Regionalism, and Why? C.L. Lim 3. Endemic Institutional Fragility in the Face of Dynamic Economic Integration in Asia: The Case of Transboundary Pollution in Hong Kong Miron Mushkat and Roda Mushkat PART II: TRADE INTEGRATION 4. Japan’s FTA (EPA) and BIT Strategy in the Light of Competitive Dynamics Junji Nakagawa 5. China’s Strategy for Free Trade Agreements: Political Battle in the Name of Trade Henry Gao 6. Bilateral and Regional Trade Agreements in Asia: A Skeptic’s View Bryan Mercurio 7. When ‘Failure’ Indicates Success: Understanding Trade Disputes between ASEAN members Lisa Toohey 8. East Asian Investment Treaties in the Integration Process: Quo Vadis? Trinh Hai Yen PART III: FINANCIAL INTEGRATION 9. Global Financial Regulatory Reforms: Implications for East Asia Douglas W. Arner and Cyn-Young Park 10. Legitimacy and Power: The Political Dynamics of East Asian Financial Regionalism Injoo Sohn 11. Institutional Completeness in the Chiang Mai Initiatives Paul Lejot 12. Beyond the Multilateralized Chiang Mai Initiative: An Asian Monetary Fund Ross P. Buckley 13. The Evolving Role of the Asian Development Bank in the Creation of an Asian Currency Unit Nhu Vu Conclusion Richard Weixing Hu, Douglas W Arner and Ross P. Buckley Index

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