Managing Risk in the Financial System

Managing Risk in the Financial System makes important and timely contributions to our knowledge and understanding of banking law, financial institution restructuring and related considerations, through the production of an innovative, international and interdisciplinary set of contributions which link law and policy issues surrounding systemic risk and crisis management. The recent financial crisis has exposed both the banking industry and financial system safety net players in many countries to a considerable level of distress as well as economic and reputational damage. These circumstances have heightened the need for policy makers to consider remedial measures under a broad umbrella that encompass inter alia prompt corrective actions, early closure of distressed entities, deposit insurance, bail-outs, state-aid, bank resolution and restructuring techniques. These essays provide an important contribution to research in this area, at a crucial time in the debate around the future financial industry. This unique and detailed volume should be of considerable interest to students of law, economics and finance, law practitioners and policy makers in central banks and ministries of finance. Law, business and finance faculties will benefit from having this book in their collections, as will deposit protection agencies and regulatory agencies. Contributors include: J.-H. Binder, R.R. Bliss, L.C. Buchheit, C. Enoch, G.G.H. Garcia, D.F. Gray, M. Gulati, G. Gunnarsson, K. Hj Arshad, A.A. Jobst, A. Kabiri, G.G. Kaufman, I. Kokkoris, J.R. LaBrosse, R.M. Lastra, D. Mayes, J.F. McCollum, J.F. McEldowney, I. Moosa, M.J. Nieto, G. Ogunleye, K. Papadakis, R. Olivares-Caminal, Y. Redjah, R. Rosen, J. Roy, J.P. Sabourin, S. Schich, J. Selody, A. Sighvatsson, D. Singh, J. Snape, R. Turk-Ariss, G.A. Walker, L.D. Wall, A.E. Wilmarth Jr., G. Wood

Table of Contents:
Contents: Foreword: The 2010 Banking Law Symposium on Managing Systemic Risk Charles Enoch Special Address: The Deposit Insurer’s Role in Transitioning from a Government Deposit Guarantee Jean Pierre Sabourin Preface: It Has Been ‘A Hard Day’s Night’ John Raymond LaBrosse, Rodrigo Olivares-Caminal and Dalvinder Singh PART I: SYSTEMIC RISK 1. Investor Behaviour in the Period Before the 2007–08 Financial Crisis Richard J. Rosen 2. The Nature of Systemic Risk Jack Selody 3. The Government as Guarantor of Last Resort: Benefits, Costs and the Case for Premium Charges Sebastian Schich 4. The Troubled Asset Relief Program: Has Forbearance as Far as the Eye Can See Saved the US Economy? Gillian G.H. Garcia 5. Why is the Canadian Banking System so Remarkably Stable? A Comparative Analysis with the US Jean Roy, Rima Turk-Ariss and Yenni Redjah 6. Systemic Contingent Claim Analysis – A Model Approach to Systemic Risk Dale F. Gray and Andreas A. Jobst 7. Tax and the City: The UK’s Proposals for a Bank Levy John Snape PART II: SOVEREIGN DEBT 8. Iceland’s Financial Disaster and its Fiscal Impact Arnór Sighvatsson and Gunnar Gunnarsson 9. The Greek Tragedy: Is There a Deus ex Machina? Ioannis Kokkoris, Rodrigo Olivares-Caminal and Kiriakos Papadakis 10. Restructuring a Nation’s Debt Lee C. Buchheit and Mitu Gulati PART III: ADDRESSING THE PROBLEM OF ‘TOO-BIG-TO-FAIL’ 11. Firm Stability and System Stability: The Regulatory Delusion Geoffrey Wood with Ali Kabiri 12. ‘Living Wills’: Putting the Caboose Before the Engine and Designing a Better Engine George G. Kaufman 13. Finding a Solution to the ‘Too-Big-To-Fail’ Problem Arthur E. Wilmarth, Jr. 14. ‘Too-Big-To-Fail’ – Can Alternative Resolution Regimes Really Remedy Systemic Risk in Large Financial Institutions’ Insolvency? Jens-Hinrich Binder 15. To Divest or Not to Divest: That is the Question... Ioannis Kokkoris PART IV: CROSS-BORDER ISSUES 16. Resolving Large Complex Financial Institutions Within and Across Jurisdictions Robert R. Bliss and George G. Kaufman 17. From Consolidated Supervision to Consolidated Resolution Rosa M. Lastra and Rodrigo Olivares-Caminal 18. Creating an EU-Level Supervisor for Cross-border Banking Groups: Issues Raised by the US Experience with Dual Banking Larry D. Wall, María J. Nieto and David G. Mayes PART V: PRUDENTIAL REGULATION 19. Capital and Liquidity Reform – A New Global Agenda George A. Walker 20. Basel II to Basel III: A Great Leap Forward? Imad Moosa PART VI: COUNTRY CASE STUDIES 21. The US Architecture of Bank Regulation and Supervision: Recent Reforms in their Historical Context Dalvinder Singh 22. An Evaluation of the Canadian Financial Safety Net During the Global Financial Crisis John Raymond LaBrosse and James F. McCollum 23. Financial Safety Net Reform in Nigeria Ganiyu Ogunleye 24. Islamic Deposit Insurance System: The Malaysian Model Khairuddin Hj Arshad 25. Managing Financial Risk: The Precautionary Principle and Protecting the Public Interest in the UK John F. McEldowney Index

About the Author :
Edited by John Raymond LaBrosse, Patterson & LaBrosse Financial Consultants Ltd, Canada and Honorary Visiting Fellow, School of Law, University of Warwick, Rodrigo Olivares-Caminal, Chair in Banking and Finance Law, Centre for Commercial Law Studies, Queen Mary University of London, and Dalvinder Singh, School of Law, University of Warwick, UK

Review :
’This book contains a large number of chapters, nearly 30 in all, by acknowledged experts on various aspects of the recent financial crisis. Whichever aspect of this crisis that may interest you, such as bank taxes, deposit insurance, TBTF and how to respond, cross-border issues, and many, many others, you will find chapters that are both authoritative and stimulating in this collection. The editors are to be congratulated not only in their selection of authors but also in the speed with which they have taken them from conference presentation to book chapter.’ ’Incisive, authoritative and thoughtful, this important and timely collection of papers exploring the unresolved issues left by the recent global financial turmoil, will undoubtedly shape the policy responses to come. Interdisciplinary in approach and wide-ranging in jurisdictional scope, it draws together influential commentators, practitioners and regulators, to create a new milestone in the search for the fundamentals of a more stable global financial system.’ ‘Managing Risk in the Financial System offers fresh and essential reading on the Global Financial Crisis. The coverage is unique in its scope - offering a close examination of fundamental concepts such as the nature of systemic risk; consideration of the impact of systemic crisis on both private institutions and national governments; and critique of popular reform proposals such as living wills, resolution funds and capital adequacy. Contributors to this volume are internationally recognized experts who offer sharp assessments of both the causes of the crisis and the proposed reforms.’