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Author: Eric J. Gouvin Publisher: ISBN: Category : Languages : en Pages : 47
Book Description
This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of cross-border branching open to subsequent negotiation. The question of whether the NAFTA countries should embrace cross-border branching may be informed by the recent U.S. experience in establishing nationwide branching. Just as the debate within the United States was based in part on principles of corporate law, so too should the international debate. Although enterprise principles from the law of corporate groups would weigh in favor of permitting branching as opposed to the more formal corporate structure requirements now in place, the member countries may each find that the existing structure provides their banks with certain non-tariff barriers to trade that they may be reluctant to surrender. In addition, when viewed through a public choice lens, the regulators in each of the countries, and especially the United States, will be reluctant to give up regulatory authority without getting something in return.
Author: Eric J. Gouvin Publisher: ISBN: Category : Languages : en Pages : 47
Book Description
This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of cross-border branching open to subsequent negotiation. The question of whether the NAFTA countries should embrace cross-border branching may be informed by the recent U.S. experience in establishing nationwide branching. Just as the debate within the United States was based in part on principles of corporate law, so too should the international debate. Although enterprise principles from the law of corporate groups would weigh in favor of permitting branching as opposed to the more formal corporate structure requirements now in place, the member countries may each find that the existing structure provides their banks with certain non-tariff barriers to trade that they may be reluctant to surrender. In addition, when viewed through a public choice lens, the regulators in each of the countries, and especially the United States, will be reluctant to give up regulatory authority without getting something in return.
Author: George M. von Furstenberg Publisher: Springer Science & Business Media ISBN: 9401153744 Category : Business & Economics Languages : en Pages : 282
Book Description
Since the North American Free Trade Agreement (NAFTA) took effect at the start of 1994, production and trade in goods and services have become ever more integrated in the region. Banking and financial systems thus also must increasingly inform, adjudicate, transact, invest, insure, and intermedi ate all across North America. Presently, however, there is no single, or up to-date source of information on the banking and finance systems of the current NAFTA countries-Canada, the United States, and Mexico. Relying on top specialists from international financial organizations, central banks, regulatory authorities, and universities, this and a companion volume together bridge that information gap. The focus is not just on description but on regulatory and institution-building challenges posed by the opening up of domestic financial markets, and on the political economy of reforms. The ultimate goal is to enhance the process of safe and efficient integration by policies, regulations, and private initiatives that contribute to the welfare of people in North America and beyond. This volume goes into essential detail in assessing banking and finance regulations, supervision, and prudential and operating standards in the NAFTA countries in a global context.
Author: K. Schefer Publisher: Springer ISBN: Category : Business & Economics Languages : en Pages : 488
Book Description
This book examines the new and rapidly developing area of law relating to trade in financial services, with a particular focus on the rules contained in Chapter 14 of the North American Free Trade Agreement (NAFTA). After a detailed analysis of the relevant provisions and their effect on financial institutions in Canada, Mexico, and the United States, the author examines the impact of the NAFTA rules on the legal position of banks operating in countries outside NAFTA, particularly in the context of the WTO financial services provisions. The book concludes with a chapter on the effects of a potential NAFTA expansion. The book aims to contribute to the development of a new legal and regulatory framework distinct from those of trade and financial services law, and offers a valuable insight into how trade in financial services within a regional trade agreement develops its own legal dynamic. Although the financial services provisions are seen as the cornerstone of NAFTA, until now there has been very little in-depth analysis of these provisions, or of the effects on those not party to NAFTA, in the literature in general. This book's unique approach will make it of considerable interest to practitioners and researchers in international banking, trade and economic law.
Author: Malloy Publisher: Wolters Kluwer ISBN: 154380845X Category : Labor laws and legislation Languages : en Pages : 4424
Book Description
Employment Law Update, 2019 Edition analyzes recent developments in case law of interest to employment law practitioners representing plaintiffs, defendants, and labor unions and comprehensively covers recent developments in the rapidly changing employment and labor law field. Comprised of ten chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2019 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution. Some of the new material discussed in this 2019 Edition includes: How the U.S. Department of Labor enforces federal whistleblower statutes Recent case law circumscribing arbitration, which can, potentially, deprive non-union workers of fundamental statutory and constitutional rights Recent German embrace of minimum wage law Efforts by legislatures, administrative agencies, courts, and public interest groups to transform the "soft law" of the U.N. Guiding Principles on Business and Human Rights into "hard law" binding multinational corporations Special problems relating to aviation personnel who blow the whistle Protection for disabled veterans under the ADA and the USERRA Evolving framework for enforcing the rights of the LGBT population Transnational labor law applicable to expatriates Application of multinational firms' codes of conduct across national borders Application of differing systems of employee rights and obligations to floating employees Previous Edition: Employment Law Update, 2018 Edition ISBN 9781454898931
Author: Kevin Kennedy Publisher: BRILL ISBN: 9004481362 Category : Law Languages : en Pages : 674
Book Description
This volume provides practitioners, academics and students with the first definitive coverage of NAFTA investment arbitration. Given the level of foreign direct investment within the NAFTA countries, the issue of redress for states in investment cases is a major one. The state dispute settlement mechanisms within NAFTAs Chapter Eleven are recognized as a model worthy of close examination. The experts and scholars who have contributed to this work present a comprehensive overview of the first ten years of practice in the area of investment disputes under the NAFTA provision. As in any nascent undertaking, the successes, failures and controversies that have been the experience of the state parties involved in NAFTA, are keenly reflected in the Chapter 11 cases. It is in these experiences, as described by in the chapters of this timely volume, that the readers will find substantive and procedural insights into an emerging new area of public international economic law. Many see the workings of the NAFTA agreement, particularly Chapter 11, as a Rorschach test for how state parties can approach and effectively adjudicate investment disputes. For this reason all practitioners and scholars concerned with international trade and foreign direct investment issues should consult this book. Published under the Transnational Publishers imprint.
Author: George M. von Furstenberg Publisher: Springer Science & Business Media ISBN: 9401153663 Category : Business & Economics Languages : en Pages : 280
Book Description
Since the North American Free Trade Agreement (NAFTA) took effect at the start of 1994, production and trade in goods and services have become ever more integrated in the region. Banking and financial systems thus also must increasingly inform, adjudicate, transact, invest, insure, and intermediate all across North America. Presently, however, there is no single or up-to-date source of information on the banking and finance systems of current (Canada, the United States, and Mexico) and prospective (Chile) NAFTA countries. This volume presents the first report on the banking and financial structure of each of the three NAFTA countries and Chile.
Author: Eric J. Gouvin
Author: Eric J. Gouvin
Author: George M. von Furstenberg
Author: Malloy
Author: K. Schefer
Author: Phillip I. Blumberg
Author: Malloy
Author: Kevin Kennedy
Author: George M. von Furstenberg
Author: Olin Lewis Wethington
Author: Paul Ganster