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The traditional financial market sectors of insurance, commercial banking, derivatives, capital markets and asset management are converging in practice, but their analysis is still largely sector-based. Financial Law offers a cross-sectoral, functional approach. It highlights anomalies in the different legal treatment of the respective sectors (suggesting law reform to some, and arbitrage opportunities to others) and identifies key trends.This book offers an integrated approach to financial law which is both useful and timely, as the markets have been converging for over two decades. Functions traditionally performed in one sector are now undertaken in another, and financial techniques are emerging which combine characteristics of different traditional transaction types. Investment banks increasingly offer new structured products in a range of alternative legal "wrappers." Securitization--particularly in association with credit derivatives--continues to be a dominant force, drawing ever more categories of business into the capital markets.Innovations such as these have been associated with a high level of legal risk, and the cross-sectoral freedoms offered by deregulation have not been fully exploited. This book presents financial law as a discrete branch of law, to be considered in the round; it will therefore provide the practitioner, scholar or regulator with a complete, unfragmented view of the subject.
This book investigates the necessity of a unified, cross-sectoral legal framework to address the convergence of traditional financial market sectors. Joanna Benjamin, a recognized authority in financial law, argues that the current fragmented approach to legal analysis fails to account for the reality of modern financial markets where boundaries between banking, insurance, and capital markets have blurred. By examining the functional similarities across these sectors, the author provides a comprehensive methodology for understanding financial law as a cohesive, discrete discipline rather than a collection of isolated silos.
What You Will Find
Legal practitioners and scholars frequently cite this work as a foundational text for understanding the integrated nature of modern financial regulation. Experts highlight the author's ability to synthesize complex regulatory anomalies into a coherent framework for both regulators and market participants.
Page Count:
750
Publication Date:
2008-03-01
Publisher:
Oxford University Press
ISBN-10:
0199282935
ISBN-13:
9780199282937
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