This book covers the legal aspects of the interaction between banking regulation and international trade in financial services. The author studies the internal banking market of the European Union, the liberalization of financial services trade in the World Trade Organization (WTO), the accords of the Basel Committee on Banking Supervision, and the European Central Bank (ECB). The book focuses on the balancing between banking regulation and international trade law. It discusses discrimination and proportionality in national banking regulation, the allocation of prudential regulation and supervision between home and host country, and international financial law-making. The author questions decentralized/nation-based banking regulation and supervision as a foundation for a sustainable liberalization of international trade in financial services. The book considers various reforms of the international financial architecture, such as the incorporation of the Basel processes and accords into the WTO system, and the setting up of new international institutions by building on the Basel Committees or the IMF structures. The role of central banking in designing the international financial architecture is also explored. The book reviews the ECB's competence over foreign exchange policy and its function as lender of last resort, and treats price stability, banking soundness, and representation as critical concepts. The analysis also reveals that the concept of 'prudential', despite its extensive use in banking regulation, has not been defined with adequate precision. In seeking to delineate the interface between international economic law and banking regulation, Dr. Panourgias builds on the rich European scholarship on institutional financial issues and the US inter-disciplinary approach to world trade law. He also entertains the notion of international financial law as a distinct field. The book will be of particular interest to those concerned with financial law and international banking.
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Editorial Reviews
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This book is well written, well researched, well argued, and thought provoking. It is also highly topical, and as such is a most valuable contribution to the present debate on the form of regulation that we need for trans-border banking activity and is thus of considerable importance.JH DalhuisenInternational and Comparative Law QuarterlyOctober 2007
About the Author
Lazaros E Panourgias LLB (Athens), LLM (Georgetown), MA (Fletcher), Ph D (King's College, London) is an associate at Herbert Smith LLP (Financial Institutions Group) in London. A member of the Bar in Athens and New York, he has previously been affiliated with the British Institute of International and Comparative Law and worked as legal adviser at the European Bank for Reconstruction and Development and at the Harvard Law School Program on International Financial Systems. Dr Panourgias regularly advises financial institutions on financial services issues and is publishing and lecturing on the European and international financial architecture.
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Key Phrases - Statistically Improbable Phrases (SIPs):
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banking consolidation directive, Gráinne de Búrca, services trade liberalization, international monetary law, financial supervision, deposit guarantee schemes, internal banking market, prudential institution building, monetary policy competence, sensu balancing, extra capital requirements, new financial services committees, applied monetary policy, regarding prudential supervision, home country control principle, implementation divergence, prudential tasks, essential harmonization, banking soundness, technical implementing measures, payment systems oversight, prudential supervisor, banking supervision system, prudential implications, prudential function Key Phrases - Capitalized Phrases (CAPs): (learn more)
Basel Committee, Member State, Council Directive, Appellate Body, Banking Supervision, European Union, Mads Andenas, European Central Bank, Bank of England, United States, Second Banking Directive, René Smits, World Bank, European Parliament, Paul Craig, Martin Selmayr, Report of the Meeting Held, General Agreement, Chiara Zilioli, Investment Services Directive, Tommaso Padoa-Schioppa, Banking Advisory Committee, Capital Adequacy Directive, European Banking Committee, Panel Report Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
banking consolidation directive, Gráinne de Búrca, services trade liberalization, international monetary law, financial supervision, deposit guarantee schemes, internal banking market, prudential institution building, monetary policy competence, sensu balancing, extra capital requirements, new financial services committees, applied monetary policy, regarding prudential supervision, home country control principle, implementation divergence, prudential tasks, essential harmonization, banking soundness, technical implementing measures, payment systems oversight, prudential supervisor, banking supervision system, prudential implications, prudential function Key Phrases - Capitalized Phrases (CAPs): (learn more)
Basel Committee, Member State, Council Directive, Appellate Body, Banking Supervision, European Union, Mads Andenas, European Central Bank, Bank of England, United States, Second Banking Directive, René Smits, World Bank, European Parliament, Paul Craig, Martin Selmayr, Report of the Meeting Held, General Agreement, Chiara Zilioli, Investment Services Directive, Tommaso Padoa-Schioppa, Banking Advisory Committee, Capital Adequacy Directive, European Banking Committee, Panel Report Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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