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Reinsurance Regulation:A Contemporary and Comparative Study

We seem to be living at a time when insurance is strained to the breaking point. From hurricanes and earthquakes to terrorist attacks and threats of nuclear devastation, enormous risks to life and property; and accompanying liabilities; proliferate on an unprecedented scale. Insurer insolvency is not yet common, but it is not unusual either. And at the root of such failures often lies the compound failure of uncollectable reinsurance. This important book proposes that a significant part of the emerging insurance crisis results from inadequate regulation of reinsurance. In a detailed and cogent analysis of what an effective regulatory regime for reinsurance must entail, the author examines such factors as the following: direct supervision of reinsurers versus supervision of reinsurance policies models from developed countries (US, UK, EU) and international organisations (Organization for Economic Cooperation and Development, International Association of Insurance Supervisors) the importance of taking legal and economic differences into account while applying models the problem of local protectionism, especially in developing countries the dismantling of trade barriers in the reinsurance industry global harmonization of reinsurance regulation the role of reinsurance intermediaries finite risk reinsurance insurance-linked securities. The author's concluding chapter presents an essential legal infrastructure that allows for efficiency, security, and individual market characteristics. Professor Wang then applies this framework to the Taiwanese insurance market, demonstrating convincingly how his proposed regime can solve specific problems while respecting Taiwan's distinct market environment. As a meticulously considered appraisal of, and solution to, a world problem that is growing quickly and uncontrollably, Reinsurance Regulation will be of immense value to lawyers, professors, academics, and officials who deal with any facet of economic law.

1.1.3.1.3 Accounting Regulations The primary purpose of accounting regulation
is full disclosure of the insurer's financial ... insurers and the general public,
Taiwan should consider facilitating the use of such international accounting
standards.

Comparative Income Taxation

A Structural Analysis

The purpose of this book is to compare different solutions adopted by nine industrialized countries to common problems of income tax design. As in other legal domains, comparative study of income taxation can provide fresh perspectives from which to examine a particular national system. Increasing economic globalization also makes understanding foreign tax systems relevant to a growing set of transnational business transactions. Comparative study is, however, notoriously difficult. Full understanding of a foreign tax system may require mastery not only of a foreign language, but also of foreign business and legal cultures. It would be the work of a lifetime for a single individual to achieve that level of understanding of the nine income taxes compared in this volume. Suppose, however, that an international group of tax law professors, each expert in his own national system, were asked to describe how that system resolved specific problems of income tax design with respect to individuals, business organizations, and international transactions. Suppose further that the leaders of the group wove the resulting answers into a single continuous exposition, which was then reviewed and critiqued by a wider group of tax teachers. The resulting text would provide a convenient and comprehensive introduction to foreign approaches to income taxation for teachers, students, policy-makers and practitioners. That is the path followed by Hugh Ault and Brian Arnold and their collaborators in the development of this fascinating book. Henceforth, a reader interested in how other developed countries resolve such structural issues as the taxation of fringe benefits, the effect of unrealized appreciation at death, the classification of business entities, expatriation to avoid taxes, and so on, can turn to this volume for an initial answer. This book should greatly facilitate comparative analysis in teaching and writing about taxation in the US and elsewhere.

The European-wide introduction of International Financial Reporting Standards(
IFRS)for publiclytradedcompaniesin2005hasraised the questionwhether German
tax accounting can follow IFRS financial accounting. However, a current reform ...

Comparative International Commercial Arbitration

This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

It is particularly useful for resolving valuation disputes, e.g. intellectual property,
technical issues, accounting disputes and earn-outs under company accounts. It
can be cheaper and quicker than arbitration as the expert can conduct his own ...

Comparative Law Yearbook of International Business

The 2003 volume of the Comparative Law Yearbook of International Business deals with a variety of topics in the field of commercial law. These range from mergers in Nigeria and joint ventures in Thailand and Hungary to the fight against corruption on an international level, as well as corporate fraud in the United States, with attention being focused upon the new Sarbanes-Oxley Act of 2002. Some authors have dealt with subjects that involve finance, such as foreign investment in e-commerce in China, employees' stock purchases and option plans in the United States, pension funds in Nigeria and preferential tax regimes in Madeira. There is also a review of the Agreement on Trade-Related Investment Measures. Other popular areas of commercial law that are covered in this volume include consumer protection in Bulgaria and alternative dispute resolution. Arbitration in Paraguay is discussed, along with the conducting of mediation by legal professionals. In addition, European Union law arises in relation to the likelihood of association, with another chapter detailing the economic association between Mexico and the European Union. The Commentators in this book are leading professionals in their respective fields and the interesting mix of topics should be of value to those involved in business in the international arena and their legal advisers.

The Sarbanes — Oxley Act of 2002 Quinton F. Seamons and Stephen M. Craig
Beus Gilbert PLLC Phoenix, Arizona, United States Introduction The Sarbanes-
Oxley Act of 2002 (SOA) is the legislative response to the corporate and
accounting ...

The European Central Bank, Institutional Aspects

The impending establishment of the European Central Bank (ECB) brings a dramatic transition: the introduction of a single European Community (EC) currency. The European Central Bank describes and analyses, from the perspective of the General Counsel of the Dutch Central Bank, the objectives and tasks entrusted to the ECB and the instruments with which the ECB has been endowed in order to carry out its responsibilities. In the context of this discussion of the institutional features of the ECB, the author: describes the structure of the European System of Central Banks (ESCB), of which the ECB is the nucleus; emphasises how the future European monetary authority is firmly rooted in the legal framework of European Community law; focuses on the institutional arrangements set out in the Treaty establishing the European Community (EC Treaty) and their effect on ECB practical functions; analyses the consequences of a monetary split between members of the monetary union and States remaining outside; and proposes solutions to the difficulties which such a division may entail for the functioning of the European Community. The structuring of EC monetary authority as a part of a community based on respect for the law forms a constant theme throughout The European Central Bank. This work's critical, in-depth analysis; its thought provoking conclusions and summaries of problematic issues; and its clear, grounded structure all make it a particularly useful, scholarly examination of an important development in European and international law.

Theoretical background a) Economic and legal writing In economic and
institutional writing the issue of central bank independence has been discussed
extensively2. It is argued that there is a positive correlation between the measure
in which ...