Legal Intermediation

Legal Intermediation
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 185
Release: 2019-10-22
Genre: Political Science
ISBN: 183867859X

This special issue of Studies in Law, Politics and Society examines a broad range of European case studies to consider the crucial role played by intermediaries, such as companies and lawyers, in the legal system.

Legal Intermediation

Legal Intermediation
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 218
Release: 2019-10-22
Genre: Political Science
ISBN: 1838678611

This special issue of Studies in Law, Politics and Society examines a broad range of European case studies to consider the crucial role played by intermediaries, such as companies and lawyers, in the legal system.

Intermediation and Beyond

Intermediation and Beyond
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 469
Release: 2019-01-24
Genre: Law
ISBN: 1509919937

The global shift from the direct holding of securities by investors to the current intermediated holding system raises many important legal issues. These include the impact of the intermediated holding system on the rights of investors, and the enforcement of those rights against intermediaries and issuers. The cross-border nature of many holding patterns adds another layer of complexity to these issues, and reduces legal certainty. Against this, intermediation offers benefits for many investors, including the ability to hold a cross-border portfolio with one intermediary, a reduction in costs and the facilitation of the use of securities in the collateral, repo, and securities lending markets. This book covers a number of legal topics relating to intermediated securities including the history of intermediation, the benefits and problems in the current intermediated holding system, and how future legal and technological developments could help to resolve these problems while retaining the benefits of intermediation. It also examines the possible impact of FinTech on this area, in particular the potential for Blockchain to be used in the issuing, holding and settlement of securities, the extent to which this will solve some of the difficulties that currently exist, and whether the use of Blockchain will create new difficulties that will need to be overcome. This book, which originated in a series of workshops organised by the Commercial Law Centre at Harris Manchester College, Oxford, will appeal to those interested in financial and corporate law, including academics, practitioners, policy makers and students.

Intermediation and Representation in Latin America

Intermediation and Representation in Latin America
Author: Gisela Zaremberg
Publisher: Springer
Total Pages: 223
Release: 2017-03-06
Genre: Political Science
ISBN: 3319515381

This book shows how the introduction of intermediation is relevant in studying political and public policy processes, as they are increasingly accompanied by grey spaces in public and non-public arenas that cannot be categorized as purely representative or purely participative. Instead, ‘hybrid’ mechanisms are developing in the policy-making process, which bring in new actors who either are unelected while being required to represent or advocate for the common good of others or are directly elected but challenged by identity/rights-based issues of the people they are required to act in the best interest of. By proposing a conceptual frame on intermediation and addressing five different Latin American countries and a wide range of case studies —from human rights, labour relations, neighbourhood management, municipal bureaucracies, social accountability, to complex national systems of citizen participation—this volume shows the versatility and validity of a tridimensional frame, the “cube of political intermediation” (CPI) as a tool for analysing public policy and understanding contemporary democratic innovation in Latin America.

Studies in Law, Politics, and Society

Studies in Law, Politics, and Society
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 232
Release: 2019-06-10
Genre: Political Science
ISBN: 178973729X

This special issue of Studies in Law, Politics and Society contains two sections, focusing on the interaction between law and religion, together with the ways in which the law simultaneously enhances and inhibits projects of social change.

Intermediated Securities

Intermediated Securities
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 211
Release: 2010-06-17
Genre: Law
ISBN: 1847318010

Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by legislation, in the form of UCC Article 8. This variety is problematic, given that it is possible for an investor to hold securities in a number of different jurisdictions. A new UNIDROIT Convention on the issue of Intermediated Securities, the Geneva Securities Convention 2009, aims to create a common framework for dealing with these issues. This collection of essays explores the issues that arise when securities are held via an intermediary, and in particular assesses the solutions put forward by the new Convention on this issue. It will be essential reading for practitioners and academics.

One Law for All?

One Law for All?
Author: Stefan B. Kirmse
Publisher: Campus Verlag
Total Pages: 301
Release: 2012-06-21
Genre: History
ISBN: 3593412322

Im 19. und 20. Jahrhundert traten weltweit Gesetzgeber mit der Absicht auf, lokale Rechtsordnungen nach westlichem Muster umzubilden. Aber welche Modelle sollten als Vorbilder dienen, da doch die rechtliche Realität bereits in Westeuropa uneinheitlich war? Zudem wurde das importierte Recht vor Ort unterschiedlich aufgenommen, umformuliert und interpretiert. Der Band untersucht das Spannungsfeld zwischen den universellen Ansprüchen verschiedener imperialer und post-imperialer Gesetzgeber und der lokalen Umsetzung und Anwendung neuer Rechtsformen, von Lateinamerika und Afrika über Russland bis nach Ostasien.

Transparency in Insurance Regulation and Supervisory Law

Transparency in Insurance Regulation and Supervisory Law
Author: Pierpaolo Marano
Publisher: Springer Nature
Total Pages: 617
Release: 2021-03-30
Genre: Law
ISBN: 3030636216

This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.

Laypeople in Law

Laypeople in Law
Author: Andrea Kretschmann
Publisher: Taylor & Francis
Total Pages: 194
Release: 2024-06-28
Genre: Law
ISBN: 1040041973

This book contributes to a better understanding of the role laypeople hold in the social functioning of law. It adopts the scholarly insight that the law is unthinkable without an everyday legal understanding of the law pursued by laypeople. It engages with the assumption that not only the law’s existence but also its development is shaped by the layperson’s affirmations, oppositions, ignorance, or negations of the law. This volume thus aims to fill a void in socio-legal studies. Whereas many sociolegal theories tend to conceptualize the law through legal experts’ actions, institutions, procedures, and codifications, it argues that such a viewpoint underestimates the role of laypeople in the law’s processing and advocates for a strengthened conceptual place in socio-legal theory. This book will appeal to socio-legal scholars and sociologists (of law), as well as to legal practitioners and laypersons themselves.