Capital Markets

The Global Financial Crisis has exposed substantial structural flaws in the regulation of capital markets, in particular the impact of an exponential increase in the value of derivative trading as well as the operation of specifc sectors, including securitisation. The reform process mandated in Basel Three increases the capital charges of banks to securitisation exposure. This work dovetails with the reform agenda developed by the Financial Stability Board, the objective of which is to 'cooridnate at an international level the work of national financial authorities and international standard setrting bodies in order to develop and promote the implementation of effective regulatory, supervisory and other financai lsector polcies.' It assesses vulnerabilities, promote coordination and information exchange and monitors and advises on market practice and implications for regulatory capacity. It has launched a series of peer-review reports, which includes Australia (November 2011), Canada (January 2012) and Switzerland (January 2012). This series tracks these developments and the national responses.

Civil Society and Horizontal Subsidiarity in Financial Market Regulation: Some Reflections on Roger McCormick's Proposals

Siclari, Domenico. Civil Society and Horizontal Subsidiarity in Financial Market Regulation: Some Reflections on Roger McCormick's Proposals. Law and Financial Markets Review, Vol. 5, No. 4, Jul 2011: 306-312.
Originally Published: 
Friday, July 1, 2011

Impact of the Regulatory Regime on Promoting the Housing Finance Market in Australia

Rajapakse, Pelma and Rajapakse, Suri. Impact of the Regulatory Regime on Promoting the Housing Finance Market in Australia. Law and Financial Markets Review, Vol. 5, No. 4, Jul 2011: 290-305. Availability: <http://search.informit.com.au/documentSummary;dn=358661359172978;res=IELBUS>
Originally Published: 
Friday, July 1, 2011

Material adverse change and material adverse effect provisions: Construction and application

Zakrzewski, Rafal. Material adverse change and material adverse effect provisions: Construction and application. Law and Financial Markets Review, Vol. 5, No. 5, Oct 2011: 344-356. Availability: <http://search.informit.com.au/documentSummary;dn=686173094978359;res=IELBUS>
Originally Published: 
Saturday, October 1, 2011

Lenders' liability for environmental damages in the absence of statutory regulation - lessons from the Israeli model

Plato-Shinar, Ruth and Gelpe, Marcia. Lenders' liability for environmental damages in the absence of statutory regulation - lessons from the Israeli model: Part 1. Law and Financial Markets Review, Vol. 5, No. 5, Oct 2011: 367-379.
Originally Published: 
Saturday, October 1, 2011

Risk, shareholder pressure and short-termism in financial institutions: Does enlightened shareholder value offer a panacea?

Keay, Andrew. Risk, shareholder pressure and short-termism in financial institutions: Does enlightened shareholder value offer a panacea? Law and Financial Markets Review, Vol. 5, No. 6, Dec 2011: 435-448.
Originally Published: 
Thursday, December 1, 2011

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