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.
Papildus informācija
This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions.
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viii | |
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ix | |
| Notes on Contributors |
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x | |
| Preface |
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xix | |
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PART I Theoretical Framework |
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1 | (100) |
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1 The Financial Crisis: Why Have No High-Level Executives Been Prosecuted? |
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3 | (11) |
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2 Private Enforcement in the United States and in Europe: A Comparative Perspective and Potential Lessons for Asia |
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14 | (29) |
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3 Disclosure Regulation and the Rise of Capital Markets: Nineteenth-Century Britain and Germany Compared |
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43 | (23) |
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4 Mandatory Arbitration in Consumer Finance and Investor Contracts |
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66 | (22) |
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5 The Bonding Effect in Cross-Listed Chinese Companies: Is It Real? |
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88 | (13) |
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101 | (118) |
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6 Improving the Civil Liability System for False and Misleading Disclosure in the Chinese Securities Markets |
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103 | (20) |
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7 A Question of Class Action in China |
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123 | (15) |
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8 Private Enforcement of Securities Law in China: Past, Present and Future |
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138 | (24) |
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9 Improving Investor-Friendly Legal Environments in the Chinese Capital Market |
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162 | (23) |
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10 Enforcing Fiduciary Duties as Tort Liability in Chinese Courts |
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185 | (22) |
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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 |
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207 | (12) |
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PART III Common Law Jurisdictions |
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219 | (150) |
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12 Curbing Managerial Agency Costs: Private Litigation and Its Substitutes in the US |
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221 | (20) |
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13 Private Enforcement of Corporate Law: An Empirical Comparison of the UK and US |
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241 | (47) |
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14 Securities Law Enforcement and the Rule of Law |
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288 | (24) |
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15 Securities Regulation in Australia: The Role of the Class Action |
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312 | (21) |
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16 Enforcement of Corporate and Securities Laws in India: The Arrival of the Class Action? |
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333 | (26) |
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17 Enforcement of Hong Kong's Securities Law: The Underpinning Philosophy |
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359 | (10) |
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PART IV Civil Law Jurisdictions |
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369 | (132) |
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18 Enforcement of Company and Securities Laws in Germany: An Exercise in Diversity |
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371 | (29) |
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19 Liability for Misstatements to the Market: The Post-Parmalat Years |
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400 | (16) |
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20 Growing Securities Litigation against Issuers in Japan: Its Background and Reality |
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416 | (28) |
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21 Private Enforcement of Company Law and Securities Regulation in Korea |
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444 | (10) |
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22 The IPC Model for Securities Law Enforcement in Taiwan |
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454 | (22) |
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23 Building Enforcement Capacity for Brazilian Corporate and Securities Law |
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476 | (25) |
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| Conclusion |
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501 | (9) |
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| Index |
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510 | |
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 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.
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