Transnational Securities Regulation: How it Works, Who Shapes it

ISBN-13: 9783031180620 / Angielski / Twarda / 2022 / 507 str.

Antonio Marcacci

Opis

The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff.

The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.

Spis treści

Introduction.- PART I Transnational Securities Regulation: How it Works.- IOSCO: Evolution, Nature, and Governance.- IOSCO in the International Financial Architecture.- Standard-Making, Accountability, and Legitimacy.- Combined Techniques for the Implementation of Securities Standards.- A Mechanism for the Coordination of Cross-border Enforcement.- PART II Transnational Securities Regulation: Who Shapes it.- The Involvement of Regulatory Powers in IOSCO.- Horizontal Standards: Harmonizing Principles and Conflicts of Securities Regulation.- Vertical Standards Addressed to Public Authorities.- Vertical Standards Addressed to Private Parties.- Vertical Standards Set in Concert with Other Institutions.- PART III Conclusions.- Perspectives Around Transnational Securities Regulation.

O autorze

Antonio Marcacci is Vice President at the Compliance Function of an EU Global Systemically Important Bank and Lecturer (Lehrbeauftragter) at the University of Passau, Germany, and at the University of Leipzig, Germany, where he gives courses in EU, US, and Chinese Banking and Financial Law. Antonio was awarded a PhD in Law by the European University Institute (EUI), Florence. During his PhD, Antonio visited the Faculty of Law of Humboldt-Universität zu Berlin (Germany) and the Law School of the University of Wisconsin-Madison (United States) for exchange programs, and had a short term temporary appointment at the World Bank in Washington, DC (United States). In his private sector experience, Antonio has worked in Europe (Milan and Munich), the Middle East (Abu Dhabi), and China (Shanghai). Alongside academic teaching, Antonio provides professional compliance training. Interested in the interface between academic research and professional banking and finance, Antonio has published several articles in leading journals, chapters in books edited by outstanding scholars, and a monograph with Palgrave Macmillan.