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Author De Meester, Bart, author

Title Liberalization of trade in banking services : an international and European perspective / Bart De Meester
Published Cambridge ; New York : Cambridge University Press, 2014

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Description 1 online resource (xx, 388 pages)
Contents Cover; Half-title page; Title page; Copyright page; Contents; Acknowledgements; Table of GATT panel reports; Table of WTO panel reports; Table of WTO Appellate Body reports; Table of cases of the Court of Justice of the European Union; Table of opinions of the Court of Justice of the European Union; General introduction; Part I Policy concerns underlying the regulation and liberalization of banking; 1 Introduction to Part I ; 2 The role of banks as intermediaries ; 2.1 Financial intermediaries as a response to market failures ; 2.2 The role of banks ; 3 The regulation of the banking sector
3.1 Market failures 3.1.1 Market failures in services markets ; 3.1.2 Information asymmetries between depositors and banks ; 3.1.3 Contagion and systemic risk: the social costs of bank failures ; 3.1.4 Systemic risk caused by homogeneous reaction to macroeconomic events ; 3.2 Regulation and market discipline ; 3.2.1 Prudential regulation versus other types of banking regulation ; 3.2.2 Regulation based on market discipline ; 3.3 Conclusions on regulation of the banking sector ; 4 Liberalization in the banking sector ; 4.1 Competition in the banking sector
4.1.1 Financial development and economic growth 4.1.2 Competition and efficiency ; 4.1.3 Competition and financial stability ; 4.2 Internationalization ; 4.2.1 Specific benefits of cross-border banking ; 4.2.2 Specific concerns relating to international banking ; 4.3 Conclusions on the liberalization of banking services ; 5 Conclusion to Part I ; Part II The international approach to liberalization of trade in banking services; 6 Introduction to Part II ; 7 Sources of international banking liberalization and regulation ; 7.1 The GATS and its annexes: relevant sources and further negotiations
7.1.1 Uruguay Round documents 7.1.2 Post-Uruguay Round documents ; 7.2 Supervisory principles and regulatory standards of the Basel Committee ; 7.2.1 The Basel principles and standards on banking supervision ; 7.2.2 The Basel Capital Adequacy Framework ; 7.2.3 The legal status of the Basel principles and standards ; 8 Limitations on the right of WTO members to regulate the banking sector ; 8.1 Introduction ; 8.2 Banking regulation falling within the scope of the GATS ; 8.2.1 'Measures' ; 8.2.2 'Affecting' ; 8.2.3 'Trade in (financial) services'
8.2.4 Macroeconomic policy management and prudential measures 8.2.5 Conclusion on banking regulation and the scope of the GATS ; 8.3 GATS and market access ; 8.3.1 Introduction ; 8.3.2 Quantitative restrictions and absolute prohibitions ; 8.3.3 'Indistinctly applicable' measures ; 8.3.4 The overlap of Article XVI and Article XVII ; 8.3.5 Market access in the Understanding on Commitments in Financial Services ; 8.3.6 Conclusion on market access ; 8.4 GATS obligations based on discrimination ; 8.4.1 Introduction ; 8.4.2 Likeness and less favourable treatment
Summary "The financial crisis struck with full force in the autumn of 2008. Very soon after the start of the crisis, culprits were sought. An important recurring argument was that liberalization of trade in banking services, as pursued at the European (within the EU) and international level (in the WTO), had seriously reduced the possibilities for governments to regulate and supervise the banking sector. This book examines the validity of this claim and considers how EU law and WTO law deal with the trade-off any policy-maker must make between stability and efficiency in the market for banking services. The book considers specifically the interaction between EU and WTO law because the EU is itself a Member of the WTO, next to its Member States. This implies that the EU must respect the obligations it undertook in the framework of the WTO when the EU determines its policy towards third-country banks"-- Provided by publisher
"The financial crisis struck with full force in the Autumn of 2008. Very soon after the start of the crisis, culprits were sought. An important recurring argument was that liberalization of trade in banking services, as pursued at the European (within the EU) and international level (in the WTO), had seriously reduced the possibilities for governments to regulate and supervise the banking sector. This book examines the validity of this claim and considers how EU law and WTO law deal with the trade-off any policy- maker must make between stability and efficiency in the market for banking services"-- Provided by publisher
Bibliography Includes bibliographical references and index
Notes English
Print version record
Subject Banks and banking, International.
Banks and banking, International -- Europe
Banks and banking, International -- Law and legislation.
Banks and banking, International -- Law and legislation -- Europe
Banks and banking -- State supervision.
Banks and banking -- State supervision -- Europe
Banking law.
Banking law -- Europe
LAW -- International.
BUSINESS & ECONOMICS -- Finance.
Banking law
Banks and banking, International
Banks and banking, International -- Law and legislation
Banks and banking -- State supervision
Europe
Form Electronic book
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9781139828604
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