Ross P. Buckley

The proliferation of open banking and open finance regimes across the globe demonstrates an ever-increasing interest of policymakers in empowering customers to take control of their data through innovative data sharing frameworks. These frameworks mostly operate within a single (e.g., financial services) sector but are poised to extend to other parts of the economy in the future – and eventually apply economy-wide. This book articulates the concept of economy-wide customer data sharing (CDS) frameworks, analyses in detail the main challenges associated with the development of such frameworks and is informed by the lessons learned from Australia’s world-first cross-sectoral Consumer Data Right regime. It develops a first comprehensive taxonomy of CDS frameworks and offers valuable insights on crucial issues of customer trust, information security, consumer protection and participant regulation. This study, apart from its scholarly importance, has clear practical value. It formulates twelve lessons that will assist governmental officials and other policymakers engaged in establishing and revising data sharing frameworks across the globe. It is essential reading for anyone interested or involved in the law and policy related to the sharing of a most precious resource in the modern economy – customer data.

The proliferation of open banking and open finance regimes across the globe demonstrates an ever-increasing interest of policymakers in empowering customers to take control of their data through innovative data sharing frameworks. These frameworks mostly operate within a single (e.g., financial services) sector but are poised to extend to other parts of the economy in the future – and eventually apply economy-wide.This book articulates the concept of economy-wide customer data sharing (CDS) frameworks, analyses in detail the main challenges associated with the development of such frameworks and is informed by the lessons learned from Australia’s world-first cross-sectoral Consumer Data Right regime. It develops a first comprehensive taxonomy of CDS frameworks and offers valuable insights on crucial issues of customer trust, information security, consumer protection and participant regulation.This study, apart from its scholarly importance, has clear practical value. It formulates twelve lessons that will assist governmental officials and other policymakers engaged in establishing and revising data sharing frameworks across the globe. It is essential reading for anyone interested or involved in the law and policy related to the sharing of a most precious resource in the modern economy – customer data.

In this comprehensive, accessible work, Ross P. Buckley, Douglas W. Arner, and Dirk A. Zetzsche offer an ideal reference for anyone seeking to understand the technological transformation of finance and the role of regulation: the world of FinTech. They consider FinTech technologies including artificial intelligence, blockchain, BigData, cloud computing, cryptocurrencies, central bank digital currencies, and distributed ledger technology, and provide a unique perspective on FinTech as an interactive system involving finance, technology, law, and regulation. Starting with an evolutionary perspective, the authors then consider the major technologies transforming finance, arguing for approaches to balance the risks and challenges of innovation. They address the central role of infrastructure in digital financial transformation, highlighting lessons from China, India, and the EU, as well as the impact of pandemics and other sustainability crises, while considering the risks generated by FinTech. They conclude by offering forward-looking regulatory strategies to address the challenges facing our world today.

In this comprehensive, accessible work, Ross P. Buckley, Douglas W. Arner, and Dirk A. Zetzsche offer an ideal reference for anyone seeking to understand the technological transformation of finance and the role of regulation: the world of FinTech. They consider FinTech technologies including artificial intelligence, blockchain, BigData, cloud computing, cryptocurrencies, central bank digital currencies, and distributed ledger technology, and provide a unique perspective on FinTech as an interactive system involving finance, technology, law, and regulation. Starting with an evolutionary perspective, the authors then consider the major technologies transforming finance, arguing for approaches to balance the risks and challenges of innovation. They address the central role of infrastructure in digital financial transformation, highlighting lessons from China, India, and the EU, as well as the impact of pandemics and other sustainability crises, while considering the risks generated by FinTech. They conclude by offering forward-looking regulatory strategies to address the challenges facing our world today.

The Regulatory Technology Handbook The transformational potential of RegTech has been confirmed in recent years with US$1.2 billion invested in start-ups (2017) and an expected additional spending of US$100 billion by 2020. Regulatory technology will not only provide efficiency gains for compliance and reporting functions, it will radically change market structure and supervision. This book, the first of its kind, is providing a comprehensive and invaluable source of information aimed at corporates, regulators, compliance professionals, start-ups and policy makers. The REGTECH Book brings into a single volume the curated industry expertise delivered by subject matter experts. It serves as a single reference point to understand the RegTech eco-system and its impact on the industry. Readers will learn foundational notions such as: • The economic impact of digitization and datafication of regulation • How new technologies (Artificial Intelligence, Blockchain) are applied to compliance • Business use cases of RegTech for cost-reduction and new product origination • The future regulatory landscape affecting financial institutions, technology companies and other industries Edited by world-class academics and written by compliance professionals, regulators, entrepreneurs and business leaders, the RegTech Book represents an invaluable resource that paves the way for 21st century regulatory innovation.

'History has a way of repeating itself in financial matters because of a kind of sophisticated stupidity,' John Kenneth Galbraith once wrote. In this superb new book, Ross Buckley suggests that the stupidity identified by Galbraith can be traced to the persistence of an inadequate legal system for the regulation of international finance - a system rooted in the failure of economists and investors to take the legal demands of real-world finance seriously. Everywhere, trade is glorified while finance tends to be taken for granted. Yet financial flows far exceed trade flows, by a factor of over sixty to one; international financial transactions represent a far greater proportion of the practice of most major law firms than do trade transactions; and international finance, when it goes wrong, brings appalling suffering to the poorest citizens of poor countries. In a powerful demonstration of how we can learn from history, Professor Buckley provides deep analyses of some of the devastating financial crises of the last quarter-century.He shows how such factors as the origins and destinations of loans, bank behaviour, bad timing, ignorance of history, trade regimes, capital flight, and corruption coalesce under certain circumstances to trigger a financial crash. He then offers well-thought out legal measures to regulate these factors in a way that can prevent the worst from happening and more adequately protect the interests of vulnerable parties and victims. In the course of the discussion he covers such topics as the following:A* the roles of the Bretton Woods institutions in the globalisation process;A* global capital flows;A* debtor nation policies;A* the effects of the Brady restructurings of the 80s and 90s;A* fixed versus floating exchange rates;A* the social costs of IMF policies;A* debt-for-development exchanges; andA* the national balance sheet problem.Professor Buckley's far-reaching recommendations include details of tax, regulatory, banking, and bankruptcy regimes to be instituted at a global level.As a general introduction to the international financial system and its regulation; as a powerful critique of the current system's imperfections; and most of all as a viable overarching scheme for an international finance law framework soundly based on what history has taught us, International Financial System: Policy and Regulation shows the way to amending a system that repeatedly sacrifices the lives of thousands and compromises the future of millions.

Among the specific issues researched and analysed here are: - the U.S.-led return to a unilateralist and interventionist approach to global problems; - the importance of the rules-based WTO system to developing nations as a crucial alternative to power politics; - the failure to achieve enhanced access to developed world markets for agricultural products, textiles, clothing, and footwear; - the relevance of GATS and TRIPS to the developing world; - internal WTO governance issues, including the important role of the Secretariat as negotiator and mediator; - the implementation phase of the dispute settlement understanding; - the continuing resistance to linking trade and environment; - the place of human rights in the international trading system; and- the likely impact of the double scourge of AIDS and terrorism on flows of trade, capital, people, and knowledge.

The emerging markets have attained prominence of late as the recent troubles in the principal emerging markets in Asia, Russia and Latin America have threatened global stability. This book is the first detailed study of emerging markets debt and offers a unique insight into one of the world's more significant, and less understood, financial markets. It offers a comprehensive analysis of the evolution of the market in emerging markets debt from 1983 to date. In the aftermath of the debt crisis of the 1980s the banking community discovered the first disposal technique for the sovereign debt of less developed countries -- a secondary market in that debt. This market played a major role in the history and amelioration of the debt crisis, the Mexican problems in the mid-1990s, and the recent Asian economic crisis. The market focus of this study is on the indebtedness of Latin American nations, which has fanned the backbone of secondary market activity, and the recent developments in Asia. The regulatory focus is on U.S. banks and banking regulation.This book is essential reading for anyone involved with emerging markets debt: bankers, traders, investors, corporate and sovereign issuers, finance lawyers and banking regulators.