The EU has become the world’s primary actor in accomplishing multinational regulatory harmony in the field of securities regulation. In its recent adoption of the Investment Services Directive, the EU has completed a critical chapter of its evolving regulatory code for the European capital...

The world’s fragmented, sovereign securities markets have been dramatically transcended by the forces of internationalization. Worldwide deregulation has collapsed many of the regulatory barriers to an integrated global marketplace. The most dynamic regulatory evolution has occurred in the...

European and national capital markets law is fast-paced and now being structured by Lamfalussy and de Larosière Processes to three relevant legal European levels and three relevant national levels. This double complexity is extended by four special features that result from the relationship...

In this paper, intended as a chapter for a study book, attention is given to the notion of harmonisation, its operation in the area of private law and the extent to which harmonisation of private law rules contributes to the development of the internal market

Until recently, doing business in developing countries, and in Sub-Saharan Africa in particular, was associated with high risk. Although each investment decision is associated with some risk, there are always obligations incumbent on host States in that regard. However, when domestic law is too...

Domestic laws on the African continent have been considered inadequate to attract the investment needed for development and economic growth. A crucial catalyst in attracting investment on the continent is law reform. The formulation of legislation has twofold effects: firstly, it is perceived to...

The European Union has had a uniform legal framework to transparency of major holdings and financial instruments since 2004. These provisions are to be reformed. In October 2011, the European Commission presented a proposal for a Directive to amend the Transparency Directive. This paper analyses...

Australia has four anti-deferral regimes applicable to Australian residents that have interests in foreign entities. The regimes are (i) the controlled foreign companies (CFC) regime, (ii) the foreign investment fund (FIF) regime, (iii) the transferor trust regime, and (iv) the deemed present...

German capital market law has been developing rapidly in response to the grievances that have arisen from the recent stock market boom. Both the German and the European legislator have been very active in response the new challenges. This paper seeks to provide an overview of the status of...