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Enforcement of Corporate and Securities Law
China and the World

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
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  • Date Published: September 2017
  • availability: Available
  • format: Hardback
  • isbn: 9781107164994

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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, 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: September 2017
    • format: Hardback
    • isbn: 9781107164994
    • dimensions: 237 x 160 x 36 mm
    • weight: 0.95kg
    • contains: 12 b/w illus.
    • availability: Available
  • 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.

  • 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 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

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