4,819 research outputs found

    Research Methods for Islamic Banking and Finance Law : Interdisciplinary Research Method

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    This study presents an original guideline for choosing valid research methods when analyzing Islamic banking regulations and Islamic finance laws. It presents a theoretical model that explains the complexity of the field of Islamic banking and finance, provides legal scholars with a brief analysis of the various issues and challenges that may arise while researching Islamic banking and finance law, and offers different possibilities and solutions to progress and supply high-quality research into Islamic finance. Research on Islamic finance in recent decades has produced extensive literature; however, most of it is descriptive and lacks standard research methods. This creates uncertainty for young scholars and graduate students about the method that should be adopted to address the legal approach to Islamic banking and finance. The outcome of the study leads to the fact that due to the complexity of the subject, multiple research disciplines may interfere with each other in answering different research questions. Accordingly, various solutions have been proposed to help researchers and students with their choices. The study offers an original and unique standard for legal scholars in approaching Islamic banking and finance lawPeer reviewe

    Banking and finance: in principle

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    This text comprises a combination of key principles, tutorial type questions and analysis in the area of banking and finance law, to introduce students to the fundamentals of the subject. It also includes cross references to Everett and McCraken's Banking and Financial Institutions Law, 6th ed and will be useful companion tot hat text

    European sustainable finance: introductory notes on the EU green deal and new green finance perspectives

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    This work starts by analysing the main features of the EU Green Deal and then delves deeper into one specific workstream of this master plan: sustainable finance (green finance). The initial objective is to highlight the importance of the linkage between climate change and environmental laws and regulations with the field of banking and finance law in general, but our primary aim is to analyse what can be done to support the EU Green Deal in its segment of sustainable finance, and how a modern, comprehensive and forward-looking approach can decisively foster it. This work analyses the subject of green finance, underscores the importance of the creation of robust EU Green Standards, provides a snapshot of the current (market-driven) regulation on green finance, elaborates on the need of engaging all stakeholders in the quest and introduces the new trend of sustainability-linked lending.info:eu-repo/semantics/publishedVersio

    Understanding Regulatory Capture: An Academic Perspective from the United States

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    Although it sometimes seems that financial regulatory agencies have been entirely captured by the larger players in the industry they regulate, a closer examination reveals that a variety of factors contribute to policy outcomes in this arena. Agencies have different agendas and stakeholders, and banks often perform quasi-governmental roles that blur the line between the captors and the captured. The real danger is that public policy can be distorted as a result of excessive influence by one set of interests at the expense of others. This danger is best thwarted or at least mitigated through the application of a range of institutions and processes, ranging from external checks on agency action to a strengthening of institutions designed to represent interests that the regulated industry itself is unlikely to promote. Internal checks that might provide incentives for more public-oriented actions on the part of industry participants are also relevant

    Best practice in the regulation of payment services

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    Payment services are, at their simplest, services for moving money around the economy. These services carry risks for the provider and the customer, from credit and insolvency risk, through to fraud and ‘mere’ errors. Different societies deal with, manage and allocate these risks differently. There are a number of similarities in how these services are regulated, and the careful observer can identify patterns and themes. As the economy continues to be heavily reliant on payment services for its efficient operation, commentators and governments have taken a keen interest in these services. This paper examines the six key regulatory risks for payment services: credit risk, efficiency risk, product mis-match, product failure, transactional failure and privacy. Previous articles have considered recent industry and technological developments in the payments industry, many of which post-date the existing regulatory regime in most jurisdictions. This paper draws conclusions about how a best practice regime might address recent innovations such as mobile payments, online payment services and ‘stored value’ cards. While there is significant commonality between regulatory regimes, there is not yet a common approach to many payment services issues. The goal of this project (and this paper) is to develop a better or best practice framework for the regulation of payment services, drawing on the strengths and weaknesses of the existing regimes. A best practice regime is identified – including both the elements or building blocks, and how and when they should be applied. The elements, based on analysis of key national regimes, are fair play rules, systemic stability, an active supervisor, broad scope, licensing, disclosure, obligations of the parties, liability, dispute resolution and privacy. The paper also explains how these elements can be combined to construct a coherent overall regime. The result is a recommended best practice model involving licensing, disclosure, conduct and redress standards in a three-tiered structure (thus providing a lighter-touch regime for low value products and a more intensive regime for more substantial banking-style products)

    “Settling the Question: Did Bank Settlement Agreements Subvert Congressional Appropriations Powers?” : Hearing Before The United States House of Representatives Committee on Financial Services Subcommittee on Oversight and Investigations, 114th Congress

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    The Constitution provides: ―No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law . . . . This is not a mere technical provision but rather a fundamental element of constitutional structure. It sounds, first, in democracy, reflecting the deep constitutional principle that the power of the purse should be vested in the most representative branch. Every dollar appropriated from the Treasury may represent a dollar of taxes, and so this principle applies to both taxing and spending
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