ABSTRACT

Whereas much of the literature on the legal aspects of banking deals with the banker-customer relationship, encompassing such tasks as deposit-taking, providing letters of credit and facilitating export credits, this book looks at contemporary issues in prudential banking supervision and systemic bank restructuring. Indeed, no attempt is made to look at such issues as the legal aspects of bill of exchange payments, since such aspects of the law are covered under banking and international trade law, as well as under commercial law. As the title of the book – Banking Supervision and Systemic Bank Restructuring: An International and Comparative Legal Perspective – suggests, this work is not just about analysing legislation relating to banking supervision. Rather, the work provides an interdisciplinary analysis of contemporary issues in banking supervision and systemic bank restructuring. In the main, the work focuses on legal issues in banking supervision and systemic bank restructuring. Further, a number of financial, economic and political considerations underpinning a multi-faceted regulatory framework for banking supervision are examined. All in all, the book covers developments in countries such as the UK, the US, continental European States (and relevant EU practices), Eastern European States, Australia, New Zealand, Italy, and Latin American States. An international and comparative study is therefore provided. Indeed, the book not only discusses issues that are of international significance, but it also provides lessons of experience on systemic bank restructuring and banking supervision.