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Books on the topic 'Market self-regulation'

Author: Grafiati

Published: 4 June 2021

Last updated: 8 February 2022

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1

Boddewyn, J. J. Barriers to trade and investment in advertising: Government regulation and industry self-regulation in 53 countries. New York, NY (342 Madison Ave., New York 10017): International Advertising Association, 1989.

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2

Zheng fu jian guan yu hang ye zi lü: Lun hang ye xie hui zai shi chang zhi li zhong de gong neng yu shi xian tiao jian = Government regulation and industry self-regulation study on the functions and conditions of the industry associations in market governance. Beijing: Zhongguo she hui ke xue chu ban she, 2011.

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3

Cossey, Keith M. The residential renovation industry in Atlantic Canada: Policy and market implications of self-help, new technology and local regulation. Sackville, N.B: Mount allison University, 1990.

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4

Market circuit breakers: Hearing before the Subcommittee on Securities of the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Fifth Congress, second session, on the function of circuit breakers in today's financial markets and the need for reform of their operations, January 29, 1998. Washington: U.S. G.P.O., 1999.

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5

Kurakin, Roman. Stock markets in Asia, Australia and the Pacific. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1041929.

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The monograph describes the basic institutions of exchange rights of States Asia, Australia and the Pacific, analyzes the basic legal acts constituting the exchange legislation of the States, Asia, Australia and the Pacific; examined the procedure of state regulation of the exercise of economic activities on the stock market in Asia, Australia and the Pacific; describes the features of self-regulation of economic activities on the stock market in Asia, Australia and the Pacific. For students and teachers, and anyone interested in world trade issues and the stock markets of individual regions and States.

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6

A review of self-regulatory organizations in the securities markets: Hearings before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Ninth Congress, second session, on the examination of self-regulatory organizations in the securities markets, focusing on strengths and weaknesses of the current system, conflicts of interest, and eliminating excessive market data fees, March 9, 2006. Washington: U.S. G.P.O., 2007.

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7

Weber, Martin Karl. Informationsmissbrauch im Finanzmarkt: Eine Untersuchung des börsenrechtlichen Systems zur Ahndung und Abwehr von Informationsmissbrauch im schweizerischen Finanzmarkt. Zürich: Schulthess, 2013.

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8

Carson, J. W. Conflicts of interest in self-regulation: Can demutualized exchanges successfully manage them? Washington, D.C: World Bank, 2003.

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9

Office, General Accounting. Securities regulation: SEC's oversight of privately placed transactions among large investors : report to congressional requesters. Washington, D.C: The Office, 1993.

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10

Office, General Accounting. Securities regulation: Actions taken to improve Nasdaq listing procedures : report to the Ranking Minority Member, Committee on Commerce, House of Representatives. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): The Office, 1999.

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11

United, States Congress Senate Committee on Banking Housing and Urban Affairs. Improving the corporate governance of the New York Stock Exchange: Hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Eighth Congress, first session, on broker-dealer self-regulation and regulatory autonomy with market sensitivity, November 20, 2003. Washington: U.S. G.P.O., 2005.

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12

Office, General Accounting. Securities regulation: Improvements needed in the Amex listing program : report to the Ranking Minority Member, Energy and Commerce Committee, House of Representatives. Washington, D.C: United States General Accounting Office, 2001.

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13

Voogsgeerd, H. Corporate governance codes: Markt- of rechtsarrangement? Deventer: Kluwer, 2006.

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14

Office, General Accounting. Securities regulation: SEC enforcement efforts in 1978 and 1985 : fact sheet for the Chairman, Subcommittee on Oversight and Investigations, Committee on Energy and Commerce, House of Representatives. [Washington, D.C.]: The Office, 1986.

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15

Self-regulatory organizations: Exploring the need for reform : hearing before the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises of the Committee on Financial Services, U.S. House of Representatives, One Hundred Ninth Congress, first session, November 17, 2005. Washington: U.S. G.P.O., 2006.

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16

Sester, Peter. Institutional Reform of Maturing Capital Markets: The Brazilian Novo Mercado. An institutional economic analysis of international standards, regulation, and self-regulation. Berlin, New York: de Gruyter Recht, 2009. http://dx.doi.org/10.1515/9783899496536.

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17

Office, General Accounting. Securities markets: Competition and multiple regulators heighten concerns about self-regulation : report to congressional committees. Washington, D.C. (441 G Street NW, Room LM, Washington, 20548): U.S. GAO, 2002.

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18

United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises. The securities arbitration system: Hearing before the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises of the Committee on Financial Services, U.S. House of Representatives, One Hundred Ninth Congress, first session, March 17, 2005. Washington: U.S. G.P.O., 2005.

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19

United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. The state of the securities markets: Hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Tenth Congress, first session on examining current issues and matters raised in previous securities hearings, Tuesday, July 31, 2007. Washington: U.S. G.P.O., 2009.

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20

The state of the securities markets: Hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Tenth Congress, first session on examining current issues and matters raised in previous securities hearings, Tuesday, July 31, 2007. Washington: U.S. G.P.O., 2009.

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21

Office, General Accounting. Securities markets: Challenges to harmonizing international capital standards remain : report to Congressional committees. Washington, D.C: The Office, 1992.

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22

Office, General Accounting. Securities markets: Actions needed to better protect investors against unscrupulous brokers : report to Congressional requesters. Washington, D.C: The Office, 1994.

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23

Office, General Accounting. Securities markets: Opportunities exist to enhance investor confidence and improve listing program oversight : report to Congressional Requesters. Washington, D.C: GAO, 2004.

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24

Office, General Accounting. Securities markets: Clearly defined "Chinese Wall" standards have been issued : report to the Chairman, Subcommittee on Commerce, Consumer, and Monetary Affairs, Committee on Government Operations, House of Representatives. Washington, D.C: The Office, 1991.

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25

Leiashvily, Paata. Self-Regulation of Market Economy: The Interdisciplinary Analysis. Nova Science Publishers, Incorporated, 2015.

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26

Heremans, Tinne. Professional services in the EU internal market: Quality regulation and self-regulation. Oxford, 2012.

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27

Kershaw, David. Corporate Law and Self-Regulation. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.37.

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This chapter explores the different ways in which market actors are “co-opted” as corporate law regulators. It considers the preconditions for generating “endogenous self-regulation” through the lens of the formation and operation of the UK Takeover Code and Panel. From endogenous self-regulation, the chapter moves onto consider “market-controlled” regulation where the state directly co-opts market actors as regulators. The chapter shows that the regulatory biases generated by self-regulation are more multi-faceted than, and often inconsistent with, the standard account that self-regulation is likely to generate rules that favour the regulated.

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28

Sugden, Robert. Regulation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825142.003.0007.

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Chapter 7 considers a range of conditions that are usually considered as ‘market failures’ to be corrected by governmental regulation. I discuss these conditions, and possible responses to them, from a contractarian viewpoint. I argue that neoclassical arguments for regulations against cartels and against the exploitation of monopoly power can be endorsed on contractarian grounds, as can certain kinds of regulations against spurious complexity in pricing. I raise doubts about the significance of behavioural arguments for regulation that assume choice overload or preferences for self-constraint. I develop a concept of consumers’ surplus that does not depend on assumptions about preferences, and is defined in terms of the maximum yield of discriminatory pricing. I discuss two opportunity-enhancing mechanisms for the supply of public goods.

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29

Carson, John. Self-regulation in securities markets. The World Bank, 2011. http://dx.doi.org/10.1596/1813-9450-5542.

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30

Douglas W, Arner, Hsu Berry FC, Goo Say H, Johnstone Syren, Lejot Paul, and Tse Maurice Kwong-Sang. Part II Regulation of Banking, Securities, and Insurance, 4 Securities Regulation: The Securities and Futures Commission and Hong Kong Exchanges and Clearing Limited. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198706472.003.0004.

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This chapter outlines the evolution of the system of securities regulation in Hong Kong and the regulation of financial intermediaries, products, and services in the context of securities. Prior to 1987, capital market regulation in Hong Kong was minimal, with all the various exchanges operating largely on the basis of self-regulation in the context of the common law framework. The market crash of October 1987 triggered a review of the regulatory framework. Significantly, during the last decade the Hong Kong securities and futures market has gone through a profound transformation from a largely domestic market to an international market with active trading in equity and derivative products. The chapter concludes by stating that Hong Kong’s legal and regulatory framework for securities is comprehensive and of an international standard. However, at the same time the system’s many divisions allow certain risks to be unaddressed.

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31

Quack, Sigrid, and Elke Schüßler. Dynamics of Regulation of Professional Service Firms. Edited by Laura Empson, Daniel Muzio, Joseph Broschak, and Bob Hinings. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199682393.013.3.

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This chapter examines how the changing roles and relationships between Professional Service Firms, clients and state actors in the context of broader social and economic transformations have challenged previously institutionalized forms of professional regulation. Although global Professional Service Firms have become both actors and arenas of regulation, the authors suggest that an exclusive focus on their self-regulation fails to do justice to the complex regulatory dynamics emerging at and across (sub-)national, regional, and global levels. Reviewing the literature on regulation in the accounting and legal professions the chapter shows that while competition, free trade, and quasi-market governance have expanded into a number of previously protected realms of professional organization and work, various state actors are reasserting their regulatory capacity in new multi-scalar actor constellations. These two closely interwoven trends develop against historically diverse legacies in different fields and countries.

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32

Timothy, Spangler. 10 Self-Regulation and Private Actors. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807247.003.0010.

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This chapter focuses on self-regulation as a means for private actors to address the governance challenge in private investment funds. It first considers the role and limits of financial regulation before discussing the ways that self-regulation and private actors can help in governing the organization, renumerating, risk management and reporting activities of private investment funds. It then examines four codes of conduct for private actors involved in private investment funds: the Best Practices of the President’s Working Group on Financial Markets, the Managed Fund Association’s Sound Practices, Sir Andrew Large’s consultation on ‘Hedge Fund Standards’, and the Institutional Limited Partners Association guidelines. The chapter concludes with an analysis of the role of investors in investor protection failures and the importance of private law for private actors seeking to address the governance challenge.

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33

Douglas W, Arner, Hsu Berry FC, Goo Say H, Johnstone Syren, Lejot Paul, and Tse Maurice Kwong-Sang. Part II Regulation of Banking, Securities, and Insurance, 5 Insurance Regulation, the Office of the Commissioner of Insurance, and the Insurance Authority. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198706472.003.0005.

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This chapter looks in detail at the legal and regulatory framework for insurance in Hong Kong. The chapter examines the regulation of financial intermediaries, products, and services in the context of insurance. It concludes that Hong Kong’s regulatory system for insurance is comprehensive and of an international standard. The legal and regulatory framework for the insurance market in Hong Kong consists of the Insurance Companies Ordinance (ICO), a statutory body called the Office of the Commissioner of Insurance (OCI), and self-regulatory measures. These are supplemented by a large body of common law. However, at the time of writing, this is set to change, with the establishment of a new independent Insurance Authority (IA) with a much broader regulatory remit.

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34

Hillman, Richard J. Securities Markets: Competition and Multiple Regulators Heighten Concerns About Self-Regulation. Diane Pub Co, 2003.

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35

Simon, Morris. 11 Supervision and Other Powers. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199688753.003.0011.

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This chapter examines the topic of Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) supervision. Supervision is the regulatory function of seeking to ensure that firms are complying with the regulators’ principles, rules, and other policies. Under the FCA and PRA self-regulation and light-touch supervision have been rejected in favour of approaches that ensure the resilience of the financial system. This chapter studies the process by which the regulators review authorised persons’ activities to check for compliance with their standards, together with five further regulatory processes or powers: change in control, powers over parent undertakings, short selling, the regulation of two specific market segments, and insolvency.

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36

Catherine A, Rogers. Part II Staking Out Theoretical Boundaries and Building the Regime, 8 Herodotian Myths and the Impartiality of Arbitrators. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198713203.003.0009.

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This chapter debunks the Herodotian myth of absolute impartiality in discussing the function of self-regulation within the context of international arbitration. Renowned historian Herodotus was also known for his embellishments of historical characters as impossible, transcendent hero figures — a myth that has often been extended towards judges and arbitrators with regard to impartiality. Such a delusion of absolute objectivity, the chapter argues, is detrimental to the efficiencies that could have been otherwise engendered with ethical self-regulation. Arbitrators are not mythic figures of impartiality — rather, they are professionals who recognize that effective professional ethics is not isolated from, but grounded on, real-world influences, especially the market forces. In this context, lofty, high-minded views of impartiality can only undermine rather than inspire confidence in professional ethics.

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37

Gerry, Rodgers, and Rodgers Janine, eds. Precarious jobs in labour market regulation: The growth of atypical employment in Western Europe. Geneva, Switzerland: International Institute for Labour Studies, 1989.

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38

The Securities Arbitration System: Hearing Before the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises of the Committee. Not Avail, 2005.

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39

Mak, Vanessa. Legal Pluralism in European Contract Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198854487.001.0001.

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The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply, and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. It explores recent developments in lawmaking ‘beyond the state’ with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.

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40

Simon, Morris. 1 Background, EU and Global Influences. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199688753.003.0001.

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This chapter traces the recent history of the UK system of financial services regulation. It begins by providing some context to the Gower Report of 1984, before detailing the changes that the resulting Financial Services Act (FSA) 1986 introduced (principally the establishment of self-regulating organisations (SROs)). The success of Labour’s replacement of the SROs with the Financial Services Authority (FSA) in 2000 (under the Financial Services and Markets Act (FSMA) 2000) is assessed in light of the financial crisis of 2007–2009. The key causes of the crash, and the actions of the Government and the FSA during it, are analysed. It explains the restructuring of the regulatory set-up (with the introduction of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA)) following the crash. The influence of recent European regulatory reform on the UK is also considered.

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41

Stanley, Barbara, and Tanya Singh. Diagnosis of Borderline Personality Disorder. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199997510.003.0002.

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The diagnosis of borderline personality disorder (BPD) can be devastating. BPD is characterized by instability on several domains: affect regulation, impulse control, interpersonal relationships, and self-image, and it affects about 1–2% of the general population—up to 10% of psychiatric outpatients, and 20% of inpatients. In addition to meeting the criteria set forth in DSM-5, BPD, like all personality disorders, is characterized by a pervasive and persistent pattern of behavior that begins in early childhood and is stable across contexts. Affective dysregulation (inappropriate, intense anger or difficulty controlling anger; affective instability due to a marked reactivity of mood), is one of the core domains associated with BPD and is characterized by erratic, easily aroused mood changes and disproportionate emotional responses. Affect dysregulation differs in BPD and mood disorders because in BPD it can shift rapidly and is affected by environmental triggers.

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42

Steinberg, Marc I. Rethinking Securities Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197583142.001.0001.

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Rethinking Securities Law focuses on a very important and timely subject that merits comprehensive analysis: “rethinking” the securities laws, with particular emphasis on the Securities Act of 1933 and the Securities Exchange Act of 1934. The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) invocation of its administrative authority, and self-regulatory organization episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. Over four decades ago, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source has comprehensively focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection.

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43

Gerard, McMeel. Part IV Standards of Conduct, 12 Standards of Conduct for Investment Advice, Stockbroking, and Portfolio Management. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198705956.003.0012.

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This chapter discusses the development of investor protection rules. Since the implementation of the Financial Services Act 1986 (the 1986 Act) there have been four major phases of regulatory rules for investor protection in the retail financial sector. First, under the 1986 Act (from 1988-1994) there was the regime comprising the regulatory rules of various self-regulation organisations, principally the Life Assurance and Unit Trust Regulatory Organisation (LAUTRO) and the Financial Intermediaries, Managers, and Brokers Regulatory Association (FIMBRA). Secondly, under the same legislation (from 1994 to 2001), the Personal Investment Authority superseded LAUTRO and FIMBRA. Thirdly, under the Financial Services and Markets Act 2000 on 1 December 2001, the Conduct of Business Sourcebook (COB) component of the Financial Services Authority's Handbook of Rules and Guidance consolidated and superseded its various predecessor regulators' rulebooks for the conduct of investment business. The fourth phase arrived on 1 November 2007 with a brand COBS, with the additional S indicating a brand new rulebook superseding in full the COB which was in place from 2001 to 2007.

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44

Securities markets: Actions needed to better protect investors against unscrupulous brokers : report to congressional requesters. Washington, D.C: The Office, 1994.

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45

Securities markets: Actions needed to better protect investors against unscrupulous brokers : report to congressional requesters. Washington, D.C: The Office, 1994.

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46

Maheshwari, Malvika. Art Attacks. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199488841.001.0001.

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Since the end of the 1980s in India, self-styled representatives of a variety of ascriptive groups (religious, caste, regional, and linguistic among others) have come to routinely damage artwork, disrupt their exhibition, and threaten and assault artists and their supporters. Often, these acts are said to be a protest against the allegedly ‘hurtful’ or ‘offensive’ artworks. They are even claimed to be a prescient call to save the identity of the community, in a manner that makes the communal identities hinge entirely on that artistic (mis)representation. Yet, at the time of these attacks, many who indulge in this kind of violence have seldom heard of the artist before or even seen, read, watched, let alone engaged with the artwork. Such is the wrench on the right to freedom of speech and expression in general, and on the physical safety and security of artists in particular, that has inspired fear, anger, and discomfort within the art world, marked by ominous declarations of a ‘cultural emergency’ owing to the loss of lives and property, and without the due processes of law—a consequence that was hardly synonymous with art practice in India, at least until a few decades ago. This book tells the story of violence against artists in India, marked by the intensifying sense of insecurity, fear, frustration, and anger within the art world. But to bring out its complexities—to build an analytical account for understanding what such destructive and even competitive attacks on artists convey about India’s liberal democracy, given that violence in its many avatars has not so much been an aberration to the form of India’s liberal democracy as much as its very condition—the book attempts to map the concrete political transformations that have informed its dynamic unfolding. In other words, as opposed to simply adding to the prevalent commentaries on violent regulation of free speech in India, this work focusses on the dynamics of violence in that regulation. Based on extensive interactions with assailants and artists, I argue that these attacks are not simply ‘anti-democratic’. But are dependent in perverse ways on the very logics of democracy’s functioning, as much they are contained by it, along with the wider material conditions that have prevented both free speech in India, and India at large, from being immutably locked in a downward spiral.

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47

Phillips, Andelka M. Buying your Self on the Internet. Edinburgh University Press, 2019. http://dx.doi.org/10.3366/edinburgh/9781474422598.001.0001.

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The personal genomics industry (aka direct-to-consumer genetic testing) has created a market for genetic tests as consumer services. This has taken genetic testing out of the clinic and into people’s homes. The industry is diverse offering tests for various health conditions and ancestry, as well as more dubious tests, such as ‘peace of mind’ paternity, ‘infidelity’ (or surreptitious testing), child talent, and even matchmaking. It is growing rapidly, but at present many tests are not standardized and the industry has not been subject to specific regulation. As with many other Internet based industries, companies tend to rely on their electronic wrap contracts to govern their relationships with their consumers. This book provides an introduction to the world of personal genomics and examines the rise of the industry and its use of ‘wrap’ contracts, drawing upon the author’s review of the contracts of 71 companies that provide tests for health purposes. It explores the different types of tests available and the issues that this industry raises for law and for society.

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48

Securities markets: Clearly defined "Chinese Wall" standards have been issued : report to the Chairman, Subcommittee on Commerce, Consumer, and Monetary Affairs, Committee on Government Operations, House of Representatives. Washington, D.C: The Office, 1991.

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