The International Dimension: Cross-border Groups

2016 ◽  
Author(s):  
Michael Schillig
Keyword(s):  
Global Financial Crisis ◽  
Applicable Law ◽  
Cross Border ◽  
The Us ◽  
Key Issues ◽  
The Cross ◽  
Model Law ◽  
The Global Financial Crisis ◽  
Financial Groups ◽  
Group Law

The difficulties associated with the supervision and failure resolution of cross-border financial groups were among the key issues that came into renewed focus as a result of the global financial crisis. The cross-border dimension affects the recovery and resolution process in its entirety from the initial planning phase right through to liquidation. The chapter summarizes the elements of cross-border group law mentioned in previous chapters. It looks briefly at the US framework and the changes introduced through the Dodd–Frank Act. It discusses international jurisdiction of authorities and courts, the applicable law that governs proceedings, and the recognition and effects of foreign proceedings, in particular, in accordance with Directive 2001/24/EC on the reorganization and winding up of credit institutions and investment firms and the UNCITRAL Model Law on Cross-Border Insolvency. It also analyses the new European framework for co-operation in the cross-border group resolution context.

BAIL-IN AND PRIVATE INTERNATIONAL LAW: HOW TO MAKE BANK RESOLUTION MEASURES EFFECTIVE ACROSS BORDERS

2016 ◽  
Vol 66 (1) ◽  
pp. 107-142 ◽  
Author(s):  
Matthias Lehmann
Keyword(s):  
International Law ◽  
Global Financial Crisis ◽  
Private International Law ◽  
The European Union ◽  
Cross Border ◽  
National Courts ◽  
Bank Resolution ◽  
Regulatory Cooperation ◽  
Model Law ◽  
The Global Financial Crisis

AbstractBank resolution is key to avoiding a repetition of the global financial crisis, where failing financial institutions had to be bailed out with taxpayers’ money. It permits recapitalizing banks or alternatively winding them down in an orderly fashion without creating systemic risk. Resolution measures, however, suffer from structural weakness. They are taken by States with territorially limited powers, yet they concern entities or groups with global activities and assets in many countries. Under traditional rules of private international law, these activities and assets are governed by the law of other States, which is beyond the remit of the State undertaking the resolution. This paper illustrates the conflict between resolution and private international law by taking the example of the European Union, where the limitations of cross-border issues are most acute. It explains the techniques and mechanisms provided in the Bank Resolution and Recovery Directive (BRRD) and the Single Resolution Mechanism (SRM) Regulation to make resolution measures effective in intra-Eurozone cases, in intra-EU conflicts with non-Euro Member States and in relation to third States. However, it also shows divergences in the BRRD's transposition into national law and flaws that have been uncovered through first cases decided by national courts. A brief overview of third country regimes furthermore highlights the problems in obtaining recognition of EU resolution measures abroad. This article argues that regulatory cooperation alone is insufficient to overcome these shortcomings. It stresses that the effectiveness of resolution will ultimately depend on the courts. Therefore, mere soft law principles of regulatory cooperation are insufficient. A more stable and uniform text on resolution is required, which could take the form of a legislative guide or, ideally, of a model law. It is submitted that such a text could pave the way for greater effectiveness of cross-border resolution.

scholarly journals The global financial crisis and the behavior of short-term interest rates: International and Serbian aspects

2009 ◽  
Vol 56 (4) ◽  
pp. 491-506 ◽  
Author(s):  
Djordje Djukic ◽  
Malisa Djukic
Keyword(s):  
Financial Crisis ◽  
Interest Rates ◽  
Global Financial Crisis ◽  
Banking Industry ◽  
Developed Countries ◽  
Short Term ◽  
Cross Border ◽  
The Us ◽  
National Bank ◽  
The Global Financial Crisis

Throughout the current global financial crisis the market has continued to fall due to a lack of confidence of those banks that are not yet prepared to lend on the interbank money market. For instance, the negative repercussions of the crisis onto the Serbian financial sector have created a number of issues including a significant increase in lending rates, a difficulty, or impossibility, for the corporate sector to use cheap cross-border loans and a reduction in the supply of foreign exchange on that basis. The inability of the National Bank of Serbia to follow the aggressive reduction of the key interest rate that has been implemented by central banks in developed countries, partly explains the lack of a decline in short-term interest rates by the Serbian banking industry. The first section of the paper focuses on the effects of the financial crisis through the behavior of short-term interest rates in the US and Europe, while the second section gives an estimation of the effects of the global financial crisis on interest rates in the banking industry in Serbia.

Cross-border copyright, complexity and collaboration: Approaching intellectual property across an international consortium of photo archives

2021 ◽  
Vol 46 (1) ◽  
pp. 3-6
Author(s):  
Melissa Gold Fournier
Keyword(s):  
Intellectual Property ◽  
Open Access ◽  
International Consortium ◽  
Cross Border ◽  
The Us ◽  
Research Platform ◽  
The Creation ◽  
The Cross

AbstractWhat are the cross-border intellectual property and copyright issues faced by PHAROS, an international consortium of photo archives, in the creation of an open access research platform? How does the consortium define open access? Are approaches to copyright in reproductive media across the US, UK and EU compatible, and can 14 partners from six countries agree to assess and express rights in the same way? Developments in the field and the consortium's 2020 International Copyright Workshop project have helped PHAROS define and address these issues.

scholarly journals Empty talk? University voices on the Global Financial Crisis

2010 ◽  
Vol 6 (4) ◽  
Author(s):  
Todd Bridgman
Keyword(s):  
Financial Crisis ◽  
News Media ◽  
Global Financial Crisis ◽  
Housing Prices ◽  
Banking System ◽  
Policy Makers ◽  
The Us ◽  
Complex Events ◽  
The Global Financial Crisis ◽  
Company Sector

The global financial crisis (GFC) which began in 2007 with a liquidity squeeze in the US banking system and which continues to play out today has affected us all, whether through the collapse of the finance company sector, rising unemployment, falling housing prices or the recession which followed the initial market crash. The speed and scope of the crisis surprised most experts – policy makers included. Specialists from a myriad of disciplines, from economics and finance to risk management, corporate governance and property, are trying to make sense of what happened, why it happened and what it means for us now and into the future. Members of the public rely on the news media to keep them informed of the crisis as it unfolds and they rely on experts to translate these complex events into a language which they can understand. The GFC is educating us all, and it is important that we all learn from it to avoid making the same mistakes again. 

scholarly journals Cointegration of Stock Market and Exchange Rate in Indonesia

2019 ◽  
Vol 2 (2) ◽  
pp. 125 ◽  
Author(s):  
Pribawa E Pantas ◽  
Muhamad Nafik Hadi Ryandono ◽  
Misbahul Munir ◽  
Rofiul Wahyudi
Keyword(s):  
Exchange Rate ◽  
Stock Market ◽  
Capital Market ◽  
Global Financial Crisis ◽  
The Us ◽  
Us Dollar ◽  
The Exchange Rate ◽  
Johansen Cointegration Test ◽  
The Global Financial Crisis

This study aims to determine the long-term relationship between stock market and exchange rate in Indonesia. The research method used is Johansen cointegration test. The results of this study found no cointegration between the variables tested. Thus the exchange rate, JII, and IHSG have no relationship in the long term. The fluctuation of the rupiah exchange rate in recent years did not generally affect the performance of stock indices especially after the global financial crisis of 2008. This shows the capital market in Indonesia has a good performance so that it is not so sensitive to the sentiment of the decline in the rupiah against the US dollar. This finding is in line with the findings of Syahrer (2010) which states the exchange rate has no effect on the stock market.

Research on China Cross-border E-commerce Development Strategy under the Background of Trade Facilitation

2021 ◽  
Vol 1 (1) ◽  
pp. 41-49
Author(s):  
Xiang LIU ◽  
Shu LU
Keyword(s):  
Development Strategy ◽  
Global Financial Crisis ◽  
Global Market ◽  
Chinese Government ◽  
Market Demand ◽  
Growth Trend ◽  
Trade Facilitation ◽  
Environmental Support ◽  
Cross Border ◽  
The Global Financial Crisis

The main purpose of trade facilitation is to simplify trade processes, reduce trade costs, and improve policy transparency. Affected by the global financial crisis, global market demand is insufficient, and China's foreign trade growth is weak, while cross-border e-commerce is thriving, showing a gratifying growth trend. The qualitative and quantitative leap of cross-border e-commerce is inseparable from the macro-environmental support and influence of my country's social development. Chinese government departments should actively participate in relevant meetings and project negotiations of international organizations, establish friendly exchanges and cooperative relations with other countries, and achieve tax incentives and credit Negotiation and coordination mechanisms for system construction cooperation, data security, cybercrime, etc., to seek more convenient and efficient border management

Financial Reform Efforts since the Global Financial Crisis—An Overview

2016 ◽  
Author(s):  
Michael Schillig
Keyword(s):  
Financial Crisis ◽  
Global Financial Crisis ◽  
Banking Regulation ◽  
Shadow Banking ◽  
Reform Agenda ◽  
Current State ◽  
The Us ◽  
The Global Financial Crisis ◽  
Institutional Architecture ◽  
Market Infrastructure

The chapter provides an overview of the current state of the reform efforts in the jurisdictions under consideration with a focus on the institutional architecture, banking regulation, shadow banking, and financial market infrastructure. It briefly reviews the generally accepted causes of the global financial crisis and the eurozone crisis, as well as the reform agenda at global/international level. It summarizes the reform efforts in the EU and the US that are of particular relevance for the recovery and resolution of credit institutions and investment firms. These reform efforts form the context in which the new recovery and resolution regime must be viewed.

scholarly journals Would Macroprudential Regulation Have Prevented the Last Crisis?

2019 ◽  
Vol 33 (1) ◽  
pp. 107-130 ◽  
Author(s):  
David Aikman ◽  
Jonathan Bridges ◽  
Anil Kashyap ◽  
Caspar Siegert
Keyword(s):  
Financial Crisis ◽  
Financial Stability ◽  
Global Financial Crisis ◽  
Financial System ◽  
Mortgage Lending ◽  
Financial Policy ◽  
Policy Interventions ◽  
The Us ◽  
Set Up ◽  
The Global Financial Crisis

How well equipped are today’s macroprudential regimes to deal with a rerun of the factors that led to the global financial crisis? To address the factors that made the last crisis so severe, a macroprudential regulator would need to implement policies to tackle vulnerabilities from financial system leverage, fragile funding structures, and the build-up in household indebtedness. We specify and calibrate a package of policy interventions to address these vulnerabilities—policies that include implementing the countercyclical capital buffer, requiring that banks extend the maturity of their funding, and restricting mortgage lending at high loan-to-income multiples. We then assess how well placed are two prominent macroprudential regulators, set up since the crisis, to implement such a package. The US Financial Stability Oversight Council has not been designed to implement such measures and would therefore make little difference were we to experience a rerun of the factors that preceded the last crisis. A macroprudential regulator modeled on the UK’s Financial Policy Committee stands a better chance because it has many of the necessary powers. But it too would face challenges associated with spotting build-ups in risk with sufficient prescience, acting sufficiently aggressively, and maintaining political backing for its actions.

scholarly journals Are Cross Border Acquisitions More Profitable, or Do They Make Profit More Persistent, than Domestic Acquisitions? UK Evidence

2017 ◽  
Vol 10 (6) ◽  
pp. 178
Author(s):  
Abimbola Adedeji ◽  
Maha D. Ayoush
Keyword(s):  
Cross Border ◽  
The Us ◽  
The Cross ◽  
The Uk

Cross border acquisitions were relatively more popular than domestic acquisitions in the UK and many other countries during late 1990s and the beginning of this century (Martynova and Renneboog, 2008, among others).  Apart from attributing it to the wave of globalisation that occurred at the time, hardly any other reason has been given for this phenomenon in the literature. In this paper, we check whether cross border acquisitions were more profitable than domestic acquisitions to bidders, or whether cross border acquisitions made the profitability of bidders to be more persistent than domestic acquisitions, during the period referred to above. Evidence observed from a sample of 199 cross border, and 174 domestic, acquisitions made by firms in the UK during 1996-2003 shows that the cross border acquisitions were significantly less profitable, and that they did not make the profitability of the bidders significantly more persistent, than the domestic acquisitions. These indications are similar to those of the US evidence reported by Moeller and Schlingemann (2005) and raise questions about why cross border acquisitions were relatively more popular than domestic acquisitions during the period referred to above.

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