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Look Inside Enforcement of Corporate and Securities Law

Enforcement of Corporate and Securities Law
China and the World

Editors:
Robin Hui Huang, The Chinese University of Hong Kong
Nicholas Calcina Howson, University of Michigan Law School

Jed S. Rakoff, Mathias Reimann, Carsten Gerner-Beuerle, Michael S. Barr, Donald Clarke, Liming Wang, Xianchu Zhang, Robin Hui Huang, Junhai Liu, Jiangyu Wang, Xiaochun Liu, James D. Cox, Randall S. Thomas, John Armour, Bernard Black, Brian Cheffins, Richard Nolan, Jeffrey G. MacIntosh, Michael Legg, Vikramaditya Khanna, Alexa Lam, Rainer Kulms, Guido Ferrarini, Paolo Giudici, Gen Goto, Hwa-Jin Kim, Wen-yeu Wang, Caroline Schmidt, Nicholas Calcina Howson

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Date Published: August 2017
availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
format: Adobe eBook Reader
isbn: 9781316730782

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Description

Contents

Resources

Courses

About the Authors

This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, which is a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.
- Fills a pronounced gap in current literature on public and private enforcement of securities and corporate law across the globe
- Analyzes what we perceive to be a convergence over public and private enforcement of securities and corporate law
- Will be useful in courses on corporate and securities law
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Product details
- Date Published: August 2017
- format: Adobe eBook Reader
- isbn: 9781316730782
- contains: 12 b/w illus.
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
Part I. Theoretical Framework:
1. The financial crisis: why have no high-level executives been prosecuted? Jed S. Rakoff
2. Private enforcement in the United States and in Europe: a comparatist's ruminations and potential lessons for Asia Mathias Reimann
3. Disclosure regulation and the rise of capital markets: nineteenth-century Britain and Germany compared Carsten Gerner-Beuerle
4. Mandatory arbitration in consumer finance and investor contracts Michael S. Barr
5. The bonding effect in cross-listed Chinese companies: is it real? Donald Clarke
Part II. China (Mainland):
6. Improving the civil liability system for false and misleading disclosure in the Chinese securities markets Liming Wang
7. A question of class action in China Xianchu Zhang
8. Private enforcement of securities law in China: past, present and future Robin Hui Huang
9. Improving investor-friendly legal environment in Chinese capital markets Junhai Liu
10. Enforcing fiduciary duties as tort liability in Chinese courts Jiangyu Wang
11. China's free trade zone and latest development of the resolution mechanism for financial disputes: a perspective from the innovation of Qianhai international arbitration Xiaochun Liu
Part III. Common Law Jurisdictions:
12. Curbing managerial agency costs: private litigation and its substitutes in the US James D. Cox and Randall S. Thomas
13. Private enforcement of corporate law: an empirical comparison of the UK and US John Armour, Bernard Black, Brian Cheffins and Richard Nolan
14. Securities law enforcement and the rule of law Jeffrey G. MacIntosh
15. Securities regulation in Australia - the role of the class action Michael Legg
16. Enforcement of corporate and securities laws in India: the arrival of the class action? Vikramaditya Khanna
17. Enforcement of Hong Kong's securities law - the underpinning philosophy Alexa Lam
Part IV. Civil Law Jurisdictions:
18. Enforcement of company and securities laws in Germany: an exercise in diversity Rainer Kulms
19. Liability for misstatements to the market: the post-Parmalat years Guido Ferrarini and Paolo Giudici
20. Growing securities litigation against issuers in Japan: its background and reality Gen Goto
21. Private enforcement of company law and securities regulation in Korea Hwa-Jin Kim
22. The IPC model for securities law enforcement in Taiwan Wen-yeu Wang
23. Building enforcement capacity for Brazilian corporate and securities law John Armour and Caroline Schmidt
Conclusion Robin Hui Huang and Nicholas Calcina Howson
Index.
Look Inside
Editors
Robin Hui Huang, The Chinese University of Hong Kong
Robin Hui Huang is Professor of Law in the Faculty of Law, The Chinese University of Hong Kong, currently serving as Assistant Dean (External Affairs, Asia) and Executive Director of the Centre for Financial Regulation and Economic Development, and Adjunct Professor for the Faculty of Law at the University of New South Wales, Sydney. He is also Guest Professor at the China University of Political Science and Law, Beijing and has received many awards in recognition of his excellence of research. He is the author of Securities and Capital Markets Law in China (2014).
Nicholas Calcina Howson, University of Michigan Law School
Nicholas Calcina Howson is a Professor of Law at the University of Michigan Law School, and a former partner of the international law firm Paul, Weiss, Rifkind, Wharton and Garrison LLP. In addition to Michigan, he has taught law at the University of California, Berkeley, Columbia University, New York, Cornell University, New York, and Harvard University, Massachusetts. He publishes widely on Chinese (PRC) corporate and securities law as well as Chinese law and legal institutions, and acts regularly as a Chinese law expert in US and international litigation and arbitration proceedings.
Contributors
Jed S. Rakoff, Mathias Reimann, Carsten Gerner-Beuerle, Michael S. Barr, Donald Clarke, Liming Wang, Xianchu Zhang, Robin Hui Huang, Junhai Liu, Jiangyu Wang, Xiaochun Liu, James D. Cox, Randall S. Thomas, John Armour, Bernard Black, Brian Cheffins, Richard Nolan, Jeffrey G. MacIntosh, Michael Legg, Vikramaditya Khanna, Alexa Lam, Rainer Kulms, Guido Ferrarini, Paolo Giudici, Gen Goto, Hwa-Jin Kim, Wen-yeu Wang, Caroline Schmidt, Nicholas Calcina Howson