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Research Handbook on Asian Financial Law

Edited by Douglas W. Arner, University of Hong Kong, Hong Kong, Wai Yee Wan, Singapore Management University, Singapore, Andrew Godwin, The University of Melbourne, Australia, Wei Shen, Shanghai Jiao Tong University, China and Evan Gibson, Faculty of Law, University of Hong Kong, Hong Kong
This comprehensive Research Handbook provides an in-depth analysis of the different financial law approaches, legal systems and trends throughout Asia. It considers how reforms following the crises have been critical for the development and growth of the region and explores a broad range of post-crisis financial regulatory issues. This timely book also examines how inconsistent and divergent approaches to financial market regulation are curtailing the region’s potential.
Extent: c 592 pp
Hardback Price: $315.00 Web: $283.50
Publication Date: January 2020
ISBN: 978 1 84980 455 4
Availability: Not yet published
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  • eISBN: 978 1 78897 220 8

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  • Asian Studies
  • Asian Law
  • Law - Academic
  • Asian Law
  • Finance and Banking Law
This comprehensive Research Handbook provides an in-depth analysis of the different financial law approaches, legal systems and trends throughout Asia. Considering how reforms following the crises have been critical for the development and growth of the region, this insightful book explores a broad range of post-crisis financial regulatory issues. It also examines how inconsistent and divergent approaches to financial market regulation are curtailing the region’s potential.

By focusing on the legal frameworks and regulatory models at a national level, this innovative Research Handbook addresses opportunities and challenges for financial markets and convergence in the region. Key topics include the different legal and regulatory approaches to common issues, such as banking regulation and resolution, FinTech, insolvency frameworks and ASEAN financial market integration. Specific regulatory approaches are discussed in relation to areas such as Renminbi internationalization, Islamic banking and finance, shadow banking, crowdfunding, venture capital, derivatives, bond and securities markets. The book concludes with an analysis of the impact of FinTech on regulatory convergence in Asia.

The Research Handbook on Asian Financial Law will be of great value to law students, academics and policy-makers working across a diverse range of fields including financial regulation, Asian studies, banking resolution and insolvency.
‘This is an excellent Research Handbook on Asian financial law and regulation. It brings together 32 of the leading experts in the area examining the subject across 27 substantial and informed chapters. The coverage is extensive. The treatment is sharp and professional. The analysis is deep and balanced. This is a timely and necessary piece of work, especially following the recent crises and instability in Asian and global financial markets and the future potential of the region. This sets a new standard of scholarship in the area and will immediately become the new reference text on this fascinating subject.'
– George Walker, Queen Mary University of London, UK

‘This volume brings together leading experts in Asia- Pacific financial law and regulation, offering distinguishing perspectives from literature focused on the US/EU/UK. Asian financial law and regulation deserves its own platform and this volume is timely and highly valuable to researchers and practitioners alike.’
– Iris H-Y Chiu, University College London, UK

‘This Handbook brings together the region’s pre-eminent financial law scholars to analyse the major issues confronting East Asia. It is filled with illuminating and incisive insights across a broad and comprehensive canvas. I commend it to all who are interested in the development of the financial systems in our part of the world. No one could dip into this work without being deeply educated.’
– Ross Buckley, University of New South Wales, Australia
Contributors include: D. Arner, J. Barberis, L. Bromberg, S. Butt, A. Chan, C. Chen, V. Chen, H. Dervan, D. Donald, D. Elms, S. Gao, E. Gibson, A. Godwin, S.i Han, L.C. Hang, C. Hofmann, I.R. Ibrahim, S. Jensen, S. Kourabas, T. Lindsey, T. Morishita, D. Neo, M.H. Nguyen, I. Ramsay, W. Shen, T. Srinopnikom, S. Steele, N.N. Thani, C.-h. Tsai, W.Y. Wan, C. Watters, C. Xi
Contents:

PART I INTRODUCTION AND CONCEPTUAL FRAMEWORK
1. Introduction
Douglas Arner, Wai Yee Wan, Andrew Godwin, Wei Shen and Evan Gibson

2. The historical development of financial regulatory principles: Influences on Asia-Pacific systemic supervision
Evan Gibson and Douglas Arner

3. Trends and theory in financial regulation and regulatory design after the global financial crisis
Steve Kourabas

PART II FINANCIAL REGULATION IN ASIA
4. Financial regulatory models in the Asia-Pacific – A case study on diversity
Andrew Godwin

5. Bank resolution
Christian Hofmann

6. Networked securities markets: From cross-listing to direct connection
David Donald

7. Regulation of derivatives in Asia: When technology meets financial engineering
Christopher Chen

8. Internationalization of Renminbi: Offshore Renminbi businesses, offshore Renminbi centres and Renminbi’s reserve currency status
Wei Shen

PART III FINANCIAL INTEGRATION IN ASIA
9. Understanding ASEAN integration and trade
Deborah Elms and Minh Hue Ngyuen

10. Cross-border regulation of securities markets in ASEAN
Wai Yee Wan

11. ASEAN bond markets: Developments and challenges
Tir Srinopnikom

12. Consumer financial dispute resolutions in a time of increased scrutiny
Vivien Chen, Andrew Godwin and Ian Ramsay

13. Depositor preference and deposit insurance schemes — Challenges for regulatory convergence and regulatory coordination in Asia
Angus Chan, Andrew Godwin and Ian Ramsay

14. Cross-border insolvency in East Asia: Cooperation and convergence
Casey Watters

PART IV COUNTRY STUDIES
15. Anti- ‘Grey Rhino’: Prudential regulation and bank resolution in China
Simin Gao

16. China’s puzzling banking and shadow banking sectors after financial crisis
Wei Shen

17. Macau banking law and financial institutions
Leong Cheng Hang

18. Indonesian financial laws: Banking, insolvency and taxation
Tim Lindsay and Simon Butt

19. The development of Islamic banking and finance: The Malaysian experience
Nik Norzrul Thani and Ili Rahilah Ibrahim

20. Financial regulation in New Zealand: Optimizing twin peaks
Helen Dervan and Simon Jensen

21. Financial consumer protection in Singapore
Dora Neo

PART V FINTECH AND INNOVATIVE FINANCE
22. Fintech and its regulation in Hong Kong
Douglas Arner, Evan Gibson and Janos Barberis

23. Recent developments of Japanese laws and regulations on FinTech
Tetsuro Morishita

24. Lessons from Mt Gox: Practical considerations for a virtual currency insolvency
Stacey Steele and Tetsuro Morishita

25. Financial regulation as interagency competition? The saga of venture capital rule-making in China?
Sirui Han and Chao Xi

26. Is a Bird in the Hand Worth Two in the Bush? Reflections on Equity Crowdfunding Regulation in Taiwan
Chang-hsien Tsai

27. Sandboxes and bridges – The impact of Fintech on regulatory convergence and coordination in Asia
Lev Bromberg, Andrew Godwin and Ian Ramsay

Index