International institutions Part 15

International institutions Part 15

 

171

A By-product of the Globalization Process: The Rise of Cross-Border Bank Mergers and Acquisitions-The U.S. Regulatory Framework
Joseph J. Norton and Christopher D. Olive
Business Lawyer
Volume 56, Number 2, February 2001 p.591

LAW JOURNAL / LAW REVIEW

This Article examines the U.S. regulatory framework as it pertains to foreign bank acquisitions of U.S. banking interests, particularly from the “regulatory approval”perspective. Over the past two decades, the United States has endeavored to establish a domestic “level playing field”for the U.S.-based operations of U.S. and foreign banking institutions through the legal and practical imposition of a “national treatment”approach. The U.S. banking authorities have also used an international standards-based “gateway” for foreign banking institutions to initially enter the United States. In order to provide some practical insights and reference points, this Article endeavors to address these issues in the context of two recently completed foreign bank M&A transactions in the United States. This Article then considers the issue of access to “nonbank,”but financially related, activities for banking institutions in the United States as a result of, and motivating factor behind, foreign bank M&As of U.S. banking institutions and other U.S. financial institutions. In this context, the possible relevant implications of the most recent U.S. banking reform legislation is considered. The Article concludes with selective observations.

172

Rethinking Capital Adequacy: The Basle Accord and the New Framework
Heath Price Tarbert
Business Lawyer
Volume 56, Number 2, February 2001 p.767

LAW JOURNAL / LAW REVIEW

When the Basle Committee on Banking Supervision promulgated its Basle Capital Accord of 1988, the face and scope of international banking regulation changed forever. Designed to protect bank insolvency by encouraging uniform capital ratios for commercial lending institutions, the Accord’s implementation caused major complications throughout the global economy. More than a decade after the Basle Accord, the Basle Committee produced A New Capital Adequacy Framework to largely replace the existing regime. Although the new rules will mitigate some of the current flaws in capital adequacy regulation, they will unfortunately fail to ameliorate the bulk of the “sins”committed in 1988, and with their new emphasis on rating agencies and internal models, introduce further dilemmas as well. Instead, regulators should consider allowing the market to force banks to make prudent lending decisions rather than mandating rigid standards that encourage banks to engage in imprudent regulatory arbitrage.

173

J. Collier; V. Lowe, The Settlement of Disputes in International Law: Institutions and Procedures, Oxford University Press, Oxford 1999, xxviii + 395 pp., £ 75.00. ISBN 0-19-825669-8.
Matthew Happold
Netherlands International Law Review
Volume 47, Issue 3, December 2000 p.379-381

LAW JOURNAL / LAW REVIEW

174

Institutions and International Cooperation: An Event History Analysis of the Effects of Economic Sanctions
David Lektzian and Mark Souva
Journal of Conflict Resolution
Volume 45, Number 1, February 2001 p.61-79

LAW JOURNAL / LAW REVIEW

175

Collier and Lowe: The Settlement of International Disputes: Institutions and Procedures
Modern Law Review
Volume 64, Number 1, January 2001 p.140-142

LAW JOURNAL / LAW REVIEW

176

ACTIVITIES OF INTERNATIONAL LAW INSTITUTIONS AT THE HAGUE/ACTIVITES DES INSTITUTIONS DE DROIT INTERNATIONAL A LA HAYE International Court of Justice
Hague Yearbook of International Law
Volume 14, 2001 p.85

LAW JOURNAL / LAW REVIEW

177

Linkages between International Financial and Trade Institutions-IMF, World Bank and WTO
Dukgeun Ahn
Journal of World Trade
Volume 34, Number 4, August 2000 p.1

LAW JOURNAL / LAW REVIEW

178

An Ounce of Prevention Is Worth … The Life of a Student Reducing Risk in International Programs
William P. Hoye & Gary M. Rhodes
Journal of College and University Law
Volume 27, Number 1, Summer 2000 p.151

LAW JOURNAL / LAW REVIEW

The visibility of serious accidents, injuries and deaths occurring during international study abroad programs sponsored by higher Education institutions based in the United States has increased dramatically in recent years. Nevertheless, and in spite of unbridled growth in the number of programs being offered and in the number of students participating in them, the dedication of institutional resources to the identification and reduction of risk and legal liability incident to international programs has generally been lacking. The goal of this article is to highlight these issues for college and university administrators and for their counsel in the hope that the commitment of institutional resources to protect students, faculty and staff members from reasonably foreseeable harm might expand along with global program offerings, thereby saving lives and reducing institutional liability. The goal of this article is not to discourage educati?nal institutions from operating international study abroad programs, but rather to suggest ways to operate such programs as smartly and safely as practicable. The focus is on eliminating unnecessary risk and managing effectively those risks inherently necessary to maintaining the academic integrity of international program offerings.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Education, International Court of Justice, International institutions, Settlement of Disputes.


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