Overview

Bringing together a team of globally renowned academics and expert practitioners in the field, Transnational Securities Law , Second Edition, presents a comprehensive analysis of the international harmonization of the law relating to securities. The book focuses on private law, insolvency law, and conflict-of-laws issues, as well as providing in-depth guidance on recent regulatory and technological developments. Each chapter assesses the current state of the law, and, for issues that have not yet been harmonized, identifies best standard practice solutions. This fully revised and updated edition considers the regulatory intervention in the wake of the global financial crisis and the impact of ground-breaking technological innovations in the securities markets, with a particular focus on blockchain and other types of distributed ledger technology, smart contracts, and crypto-securities. In so doing it addresses the paucity of attention given to issues of investor protection and custody of digital assets, and provides guidance on the development from legacy technology to a landscape in which a variety of DLT solutions are increasingly applied. It furthermore proposes an approach toward solving or ameliorating prevailing legal and regulatory problems with enhanced systems, infrastructures, regulatory approaches, and private-law doctrine. Alongside the well-established and comprehensive analysis of securities law at the transnational level, this new edition continues to provide best-practice solutions for practitioners working in the field of securities law.

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9780192855510

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Reviews

Review from previous edition Intriguing and thought provoking...Certainly mandatory reading for legislators, regulators and scholars. No better co-ordinator than Thomas Keijser could have been found for 15 authors who are clearly the top of the world league of specialists in the field. * Herbert Kronke, European Business Organization Law Review * ...an excellent resource for legal scholars or practitioners who are interested in learning the intricate details of this subject. * Dr Christian Chamorro-Courtland, Zayed University (Banking & Finance Law Review, vol. 32.2) * ...Each single chapter of the book presents original, learned, and deeply perceptive views on specific aspects of the GSC and the law of intermediated securities in general. This book is a well-balanced and varied collection, which combines theoretical perspectives with practical guidance. Lawyers interested in securities law will find a wealth of information and interesting discussion in it, and it must certainly be recommended to them as one on the most enterprising and scholarly books published in the area of intermediated securities. * Matteo Solinas, Edinburgh Law Review *

Seven years have passed since the internationally acclaimed first edition of this volume appeared. Since both the legal (commercial and regulatory law) and the technological environment for the creation, the custody and the transfer of securities (or other transactions) have been further developed, this new edition is more than an update. Important new chapters have been added (for example, on enforcement of security interests in securities under uniform law and on crypto securities), and all chapters reflect the current state of the law as well as its rigorous and thought provoking analysis by the finest experts in the field. Moreover, legislators and regulatory agencies will greatly benefit from the eagle-eyed identification of conceptual and practical problems and the need for future work. * Herbert Kronke, Emeritus Professor of Law, Heidelberg University, Germany and Former Secretary-General UNIDROIT, Rome, Italy * An insightful and engaging read, the second edition of Transnational Securities Law is a timely update to a text that was already, in its first edition, sharply attuned to the needs of practitioners, legislators and scholars in this field. This second edition brings together commentary from a group of prominent experts who succinctly walk the reader through recent developments in securities law in today's global capital markets, while inviting the reader to contemplate the continuing relevance of international instruments such as the HCCH 2006 Securities Convention and UNIDROIT's 2009 Geneva Securities Convention. Going far beyond a simple update, this second edition includes new material that addresses the profound impact of the digitalisation of financial transactions, the rise of digital assets, and the growth of the digital and crypto economies. A highly recommended and well-balanced book. * Dr Christophe Bernasconi, Secretary General, HCCH * All those interested in dealings in securities, whether as issuers, investors, securities intermediaries, insolvency practitioners, regulators or academics, will warmly welcome the second edition of this fine work, skilfully edited by Thomas Keijser. The past few decades have witnessed dramatic changes in the way in which cross-border dealings in financial collateral are organised and regulated, the most recent being the move from conventional electronic databases to crypto securities, based on distributed ledger technology such as Bitcoin and Ethereum, to which an entirely new chapter is devoted. But the opportunity has also been taken to review the entire work. This new edition, with contributions from many of the world's leading experts, is an essential vade mecum for those seeking a better understanding of modern cross-border securities law and organisation. * Emeritus Professor Sir Roy Goode QC, Faculty of Law, University of Oxford, UK * Review from previous edition Intriguing and thought provoking...Certainly mandatory reading for legislators, regulators and scholars. No better co-ordinator than Thomas Keijser could have been found for 15 authors who are clearly the top of the world league of specialists in the field. * Herbert Kronke, European Business Organization Law Review * ...an excellent resource for legal scholars or practitioners who are interested in learning the intricate details of this subject. * Dr Christian Chamorro-Courtland, Zayed University (Banking & Finance Law Review, vol. 32.2) * ...Each single chapter of the book presents original, learned, and deeply perceptive views on specific aspects of the GSC and the law of intermediated securities in general. This book is a well-balanced and varied collection, which combines theoretical perspectives with practical guidance. Lawyers interested in securities law will find a wealth of information and interesting discussion in it, and it must certainly be recommended to them as one on the most enterprising and scholarly books published in the area of intermediated securities. * Matteo Solinas, Edinburgh Law Review *

Author Information

Dr Thomas Keijser is Senior Researcher at the Business and Law Research Center of Radboud University Nijmegen, The Netherlands. From 2007-2012, he worked for UNIDROIT as Senior Officer, later Consultant, responsible for the Geneva Securities Convention. Dr Keijser is co-editor of the Official Commentary on the UNIDROIT Convention on Substantive Rules for Intermediated Securities (OUP, 2012). The contributors form a first class international team in the area of intermediated securities.

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