PSN: Markets & Investment (Topic)最新文献_第7页

Banking Deregulation and Credit Supply: Distinguishing the Balance Sheet and the Competition Channels 银行放松管制与信贷供给:区分资产负债表与竞争渠道

PSN: Markets & Investment (Topic) Pub Date : 2017-08-01 DOI: 10.2139/ssrn.2437089

Yongqiang Chu

引用次数: 21

Introducing Islamic Banking in New Markets 在新市场引入伊斯兰银行

PSN: Markets & Investment (Topic) Pub Date : 2017-05-24 DOI: 10.2139/SSRN.2973166

Yousuf Azim Siddiqi

引用次数: 2

Regulation by Settlement 结算规则

PSN: Markets & Investment (Topic) Pub Date : 2017-04-17 DOI: 10.17161/1808.25708

Matthew C. Turk

{"title":"Regulation by Settlement","authors":"Matthew C. Turk","doi":"10.17161/1808.25708","DOIUrl":"https://doi.org/10.17161/1808.25708","url":null,"abstract":"This article explores a recent development at the intersection of administrative law and financial regulation: the explosion in enforcement actions brought by federal agencies against financial institutions, and the exclusive resolution of those cases via settlement agreements that preclude meaningful judicial review. It argues that those practices have given rise to a distinct new form of policymaking, “regulation by settlement,” which has significant implications for both areas of the law. \u0000Regulation by settlement has two defining features. First, by pursuing settlements that target certain areas of the financial system on a comprehensive basis, agencies are able to leverage those agreements in a manner that effectively establishes novel legal standards of general applicability. Settlements are now a tool for setting policy in financial regulation. Second, the procedural posture of those settlements allows agencies to engage in a uniquely freewheeling style of policymaking, which sidesteps nearly all of the constraints that administrative law applies to more conventional forms of agency action. \u0000The article closes by considering normative issues raised by regulation by settlement, including questions concerning its consistency with rule of law values and efficiency from a cost-benefit perspective. It also reviews potential reforms, such as subjecting settlements to greater judicial scrutiny or presidential oversight. The broader contribution to the literature is to show how a richer understanding of the regulatory process can be gained by analyzing its public law and business law aspects in parallel.","PeriodicalId":138725,"journal":{"name":"PSN: Markets & Investment (Topic)","volume":"84 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114134781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Trans-Pacific Partnership and Regulatory Space: A Comparison of Treaty Texts 跨太平洋伙伴关系与监管空间:条约文本的比较

PSN: Markets & Investment (Topic) Pub Date : 2017-04-02 DOI: 10.2139/ssrn.2944846

Tomer Broude, Yoram Z. Haftel, A. Thompson

{"title":"The Trans-Pacific Partnership and Regulatory Space: A Comparison of Treaty Texts","authors":"Tomer Broude, Yoram Z. Haftel, A. Thompson","doi":"10.2139/ssrn.2944846","DOIUrl":"https://doi.org/10.2139/ssrn.2944846","url":null,"abstract":"The Trans-Pacific Partnership (TPP) agreement, signed in February of 2016, is an ambitious effort to set high standards on a ‘mega-regional’ level. This paper examines the TPP’s investment provisions with a focus on their most controversial dimension: the extent to which they constrain the ‘state regulatory space’ (SRS) of host states. We embrace the text-as-data approach by coding the TPP and other investment agreements among TPP parties on designed features related to SRS. The challenges presented by this coding exercise demonstrate some of the advantages of manual coding over automated methods when nuance and interpretation are required. With our data, we first compare the TPP to other agreements and find that it scores relatively high on SRS, although it falls within the range of existing agreements and does not seem to chart new territory in this regard. We then investigate which existing agreements are most similar to and dissimilar from the TPP with respect to SRS. Using regression analysis, we consider a number of factors to explain this variation and find that the TPP is most similar to agreements involving the United States, to agreements among Western Hemispheric countries, to other free trade agreements with investment chapters, and to more recent agreements. However, different factors seem to matter if we look only at provisions related to investor-state dispute settlement versus substantive provisions, implying that it is important to distinguish between the substantive and procedural dimensions of treaties.","PeriodicalId":138725,"journal":{"name":"PSN: Markets & Investment (Topic)","volume":"02 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127213301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 13

Rediscovering Macro-Prudential Regulation: The National Banking Era from the Perspective of 2015 重新发现宏观审慎监管:2015年视角下的国民银行时代

PSN: Markets & Investment (Topic) Pub Date : 2017-02-21 DOI: 10.2139/SSRN.2921259

Charles W. Calomiris, M. Carlson

引用次数: 4

A Primer on the Evolution and Complexity of Bank Regulatory Capital Standards 银行监管资本标准的演变与复杂性初探

PSN: Markets & Investment (Topic) Pub Date : 2017-02-17 DOI: 10.2139/SSRN.2919407

James R. Barth, S. Miller

引用次数: 8

2016 Amendment of the Czech Significant Market Power Act of 2009 捷克2009年重要市场力量法2016年修正案

PSN: Markets & Investment (Topic) Pub Date : 2016-12-31 DOI: 10.7172/1689-9024.YARS.2016.9.14.11

Petr Frischmann, V. Šmejkal

{"title":"2016 Amendment of the Czech Significant Market Power Act of 2009","authors":"Petr Frischmann, V. Šmejkal","doi":"10.7172/1689-9024.YARS.2016.9.14.11","DOIUrl":"https://doi.org/10.7172/1689-9024.YARS.2016.9.14.11","url":null,"abstract":"The Significant Market Power Act (SMPA) adopted in 2009 regulates the assessment of, and the prevention of, the abuse of market power in the sale of agricultural and food products. The Act generated many controversies from the outset, survived legislative proposals for its abolition, to be finally amended in 2016. However, this kind of legislation failed to solve most of the problems and even managed to create additional controversies. The new amendment formally simplified the actual wording of the SMPA by transposing its numerous earlier appendixes, which contained an exemplary list of prohibited forms of SMP abuse, to the actual text of the Act. It also improved transparency and clarity with respect to its earlier vague and ambiguous terminology. At the same time, the amendment seriously modified the scope and principal philosophy of the SMPA by removing the previously required “substantial detriment to economic competition” as the pre-condition of the applicability of the Act. However, since the enforcement of the SMPA falls into the scope of the activities of the Czech Office for Protection of Economic Competition (in Czech Úřad pro ochranu hospodářské soutěže, UOHS), the concerns and doubts of the business community continue to grow whether this form of regulation is appropriate after the modification of the concept.","PeriodicalId":138725,"journal":{"name":"PSN: Markets & Investment (Topic)","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122781600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The Volcker Rule and Market-Making in Times of Stress 沃尔克规则和压力时期的做市行为

PSN: Markets & Investment (Topic) Pub Date : 2016-12-08 DOI: 10.17016/FEDS.2016.102

Jack Bao, Maureen O'Hara, Xing (Alex) Zhou

引用次数: 89

Mutual Funds and the Regulatory Capture of the SEC 共同基金和证券交易委员会的监管俘获

PSN: Markets & Investment (Topic) Pub Date : 2016-11-20 DOI: 10.2139/ssrn.2854312

Stewart L. Brown

引用次数: 13

Australian Prudential Regulation before and after the Global Financial Crisis 全球金融危机前后的澳大利亚审慎监管

PSN: Markets & Investment (Topic) Pub Date : 2016-06-06 DOI: 10.2139/ssrn.2819819

P. Docherty, R. Bird, Timo Henckel, G. Menzies

{"title":"Australian Prudential Regulation before and after the Global Financial Crisis","authors":"P. Docherty, R. Bird, Timo Henckel, G. Menzies","doi":"10.2139/ssrn.2819819","DOIUrl":"https://doi.org/10.2139/ssrn.2819819","url":null,"abstract":"This paper reviews the nature of Australian bank prudential regulation before and after the Global Financial Crisis (GFC). It provides a detailed conceptual framework for understanding the functions of banks and deposit-takers, the theory of what can go wrong with the operation of these institutions, and the logic of prudential regulation. It traces developments in Australian prudential regulation from the introduction of the formal capital-based framework in the 1980s to the implementation of the Basel III regime after the GFC. The paper concludes that i) the introduction of the Financial Claims Scheme was a clear and welcome change compared with pre-GFC arrangements; ii) the introduction of the Basel III liquidity regime constituted a more fundamental modification, best characterised as a significant refinement to the riskbased calculation of capital than as a fundamental change to regulatory philosophy; iii) the Australian Prudential Regulation Authority (APRA) had been practising macroprudential regulation well before the GFC even though Australia’s adoption of Basel III’s macroprudential apparatus appears on the surface to constitute a genuine innovation in prudential regulation; and iv) the importance of financial stability as a policy objective and the nature of macroprudential regulation raise questions about the wisdom of having split monetary policy and prudential regulation functions in 1998, and a revisit of this question and a reassessment of institutional structures are called for.","PeriodicalId":138725,"journal":{"name":"PSN: Markets & Investment (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126623278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0