当前货币:HKD

您的购物车中没有商品。

Regulating Fraud Across Borders: Internationalised Criminal Law Protection of Capital Markets

Regulating Fraud Across Borders: Internationalised Criminal Law Protection of Capital Markets

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509943234
  • 出版时间 October 2022
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509943197

List Price: ¥492.56

¥477.78 Save ¥14.78 (3%)

发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    At a time when financial crime routinely crosses international boundaries, this book provides a novel understanding of its spread and criminalisation. It traces the international convergence of financial crime regulation with a uniquely comparative approach that examines key institutional and state actors including the European Union, the International Organization of Securities Commissions, as well as the United States, the United Kingdom, Switzerland, France, Italy and Germany, all countries that harbour some of the most influential stock exchanges in the Western world.

    The book describes and documents the phenomenon of internationalisation of securities frauds – such as insider trading and market manipulation – and the laws criminalising those acts, most notably those responding to recent dramatic transformations in securities markets, high frequency trading, and benchmark manipulation. At the European level, it shows the progressive uniformisation of laws culminating in the 2014 European Union Market Abuse Regulation.

    The book argues that criminal prohibitions against internationalised market abuse must be understood as an economic and legal imperative to protect financial markets against activities that imperil its integrity, compromising the confidence of investors and thus affecting the economy as a whole. The book is supported by an extensive review of the most significant scholarship in each country.

  • Introduction
    1. The Internationalisation Process
    I. The Concept of Legal Internationalisation
    II. Extraterritorial Application of National Law
    III. International Cooperation
    IV. Mutual Recognition
    V. The Diffusion of the American Legal Model
    VI. Suppression Treaties and Conventions
    VII. Internationalisation through EU Directives and Regulations
    VIII. Harmonisation
    IX. Transnationalisation as a Subcategory of Legal Internationalisation Lato Sensu
    A. Transnational Law in General
    B. Transnational Criminal Law
    C. 'Transnationalisation'
    X. Economic Underpinnings
    A. The Globalisation of Financial Markets
    B. Relationship between the Economy and Business-Related Criminality
    XI. Social and Psychological Underpinnings: White-Collar Criminality in the Context of a Globalised Economy
    2. The Internationalisation of Securities Fraud-Related Criminal Law in General
    I. Introduction
    II. Securities Fraud as a Criminal Offence
    A. The Concept of 'Securities'
    B. The Concept of 'Securities Fraud' in American Law
    C. Criminal Securities Fraud in American Law
    III. Critical Statutory Interpretation
    A. Shortcomings of American Legal Scholarship in the Field of Criminal Securities Frauds
    B. The Use of Comparative Criminal Law to Rethink and Reform the Doctrine of Criminal Liability
    in American Securities Law
    3. Extraterritorial Application of United States Law
    I. Introduction
    II. The Crucial Role of Extraterritorial Enforcement of the United States Criminal Law in the Prevention and Repression of Financial Fraud
    A. Evolution of the Notion of Extraterritoriality
    B. Extraterritoriality of Business-Related Criminal Law in a Globalised Economy
    C. The Pros and Cons of Extraterritorial Enforcement of Business-Related Criminal Law
    III. Overview of United States v Vilar's Fundamental Precedents
    A. United States v Bowman
    B. Morrison v National Australia Bank
    C. Morrison's Casualties
    D. The United States Congress Attempt to Overrule Morrison
    IV. Critical Analysis of United States v Vilar
    A. United States v Vilar
    B. How a Comparative Analysis of the German Criminal Law Model can Help Identify Signifi cant Shortcomings in United States v Vilar
    V. Discussion of Each of United States v Vilar's Supporting Arguments
    A. First Critique of Vilar
    i. Extent and Significance of the Bowman Exception
    ii. The Presumption Against Extraterritoriality Called into Question
    B. Second Critique of Vilar
    C. Third Critique of Vilar
    D. Fourth Critique of Vilar
    E. Conclusion
    4. The Internationalised Repression of Insider Trading
    I. The United States Law on Insider Trading
    II. The Internationalisation of Insider Trading Law
    III. Switzerland
    IV. European Union
    V. France
    A. Historical and Institutional Background
    B. Past Developments on the Insider Trading Prohibition
    C. Present Regulation of Insider Trading
    D. Constitutionality of the Accumulation of Administrative and Criminal Sanctions
    VI. United Kingdom
    VII. Italy
    VIII. Germany
    A. Development of Insider Trading Law in Germany
    B. Effectiveness of Insider Trading Provisions
    C. Recent Reforms
    5. The Internationalised Repression of Stock Market Manipulation
    I. Introduction
    II. Market Manipulation in the United States
    III. Traditional Forms of Market Manipulation
    IV. New Forms
    V. Benchmark Manipulation
    A. Significance: LIBOR and its Replacement
    B. EU Benchmarks Regulation
    VI. Swiss Criminal Law: Internationalisation of the Market Price Manipulation Prohibition through the Diffusion of the American Model
    VII. European Regulation of the Market Manipulation Prohibition
    VIII. Developments in Some EU Member States Towards Adjusting to European Regulation
    A. France
    i. Legislative Developments
    ii. Constitutionality of the Accumulation of Criminal and Administrative Sanctions Dealing with Market Manipulation
    B. United Kingdom
    C. Italy
    i. Legislative Developments
    ii. The Two-Track Sanctioning System and the Principle Non Bis in Idem
    D. Germany
    Conclusions

你可能需要

The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: ¥502.90

¥487.81 Save ¥15.09 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
¥3,420.66
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: ¥1,297.20

¥1,258.28 Save ¥38.92 (3%)

Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)
Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)

List Price: ¥3,290.00

¥3,191.30 Save ¥98.70 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: ¥3,365.20

¥3,264.24 Save ¥100.96 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: ¥2,143.20

¥2,078.90 Save ¥64.30 (3%)

Butterworths Hong Kong Company Law Handbook, 26th Edition
Butterworths Hong Kong Company Law Handbook, 26th Edition

List Price: ¥4,136.00

¥4,011.92 Save ¥124.08 (3%)

Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition
Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

List Price: ¥1,955.20

¥1,896.54 Save ¥58.66 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: ¥2,350.00

¥2,279.50 Save ¥70.50 (3%)

Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)

List Price: ¥3,006.12

¥2,915.94 Save ¥90.18 (3%)

Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)

List Price: ¥2,672.42

¥2,592.25 Save ¥80.17 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: ¥462.48

¥448.61 Save ¥13.87 (3%)

Private Equity in Hong Kong and China, 4th Edition
Private Equity in Hong Kong and China, 4th Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Brooke's Notary Hong Kong, 3rd Edition
Brooke's Notary Hong Kong, 3rd Edition

List Price: ¥1,598.00

¥1,550.06 Save ¥47.94 (3%)

Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition
Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition

List Price: ¥1,974.00

¥1,914.78 Save ¥59.22 (3%)