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Judicial Review in the European Banking Union
This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.
International Sanctions: Monetary and Financial Law Perspectives
The monetary and financial dimensions of economic sanctions have become critical components of sanctions strategies. A wider range of monetary and financial assets, entities (including central banks), and services are now targeted. Financial institutions, infrastructures, regulators and central banks play an increasingly influential role in shaping sanctions channels. Furthermore, sanctions may have significant impacts on financial obligations. This book, prepared under the auspices of the International Monetary Law Committee of the International Law Association (Mocomila), is the first to focus on the unexplored financial and monetary law aspects of economic sanctions and examine their impact on central banks and payment systems.
The Law of the European Central Bank
This new work offers an in-depth analysis of the European Central Bank and aims to promote a better understanding of it's tasks and activities.
Proportionality as the Organizing Principle of European Banking Regulation
Proportionality is a precious tool for managing complexity, and banking law provides numerous examples of complexity in view of plurality of the actors and levels of governance and legislation involved as well as the plurality of fundamental principles and fundamental rights touched upon, whether more or less intensively. In this sense it can be stated that, besides being a general principle of Union law, proportionality is an organizing principle of Union banking law. The very function of proportionality is to reconcile the need for uniform rules and for the further integration of the single market with the adaptation of the rules, with proper justification, to realities that are still very...
Crypto-Assets
This article defines the new phenomenon of crypto-assets and its complex relationship with existing and established legal concepts. It then deals with (i) how the courts have characterised crypto-assets and the rights they are considered to confer; (ii) how these rights can be enforced; and (iii) the actions the judiciary and especially the legislator could undertake to allow our legal systems to adapt and ensure that crypto currencies prosper without shifting risk on society. The article concludes that, given the global nature of the crypto-assets phenomenon, only an international agreement, or at least the adoption of international standards, will be able to tackle this challenge.
Sustainable Finance and Climate Change
Sustainable Finance and Climate Change explores the legal and regulatory framework that governs the transition to a carbon free economy, looking in particular at the regulation of the financial sector and corporate liability for climate change and biodiversity loss. In addition it looks at the effect on general corporate law, environmental law, central bank law, as well as litigation and arbitration.
Governing EMU
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Finance, Law, and the Courts
Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.
