Edward J Swan – författare

With the collapse of Barings, the expulsion of Daiwa Bank from the US, the bankruptcy of Orange County California, and the Long-Term Capital Management problems, derivatives are increasingly intruding into the public consciousness. Key issues are whether derivatives are sufficiently understood and how they can be effectively regulated. These are increasingly acute because, as recent statistics show, derivatives with a turnover of more than $2 trillion a day constitute the world''s biggest business activity.

For lawyers, regulators and compliance officers operating in the international market, it is increasingly important to have a firm grasp of where derivatives fit into the financial services spectrum and how they are regulated in major market centres. This book provides critical information on these issues.

Unlike other books on derivatives, Issues in Derivative Instruments draws on a broad spectrum of legal, regulator, tax, and clearing and exchange trading expertise from both sides of the Atlantic. Consequently, it provides a valuable resource for the views of leading experts from a variety of disciplines. It includes chapters by the former market counsel of one of the world''s leading exchanges, a managing director of one of the world''s most important clearing houses, and the former chief derivatives regulator of the US, in addition to legal analysis and explanation of a number of important derivatives issues by UK and US legal experts.

Along with Edward Swan''s previous volume, Derivative Instruments, this is an excellent source of information to help newcomers learn about derivative instruments and to help experienced practitioners expand their understanding of the key issues involved.

Derivative instruments are the contracts used in the global market for future commodities. The value of these contracts exceeds two trillion U.S. dollars per day, making them the world''s biggest market. Very little of substance has been published about this critically important business and its implications for the future direction of the world economy. This work is a collection of papers presented at the International Conference on Derivative Instruments at London University''s Institute of Advanced Legal Studies in October 1993. It contains the current views of the world''s leading regulators, most successful traders and top legal, economic and scientific experts in this rapidly growing market. The size and continued growth of this sector of the financial services business means that an increasing number of lawyers, government and market regulators, and people active in the financial services industry need to have a solid understanding of trading in derivative instruments. This volume contains the explanations of the most knowledgeable experts and is an ideal primary source for newcomers to begin to learn about derivative instruments and for experienced practitioners to expand their understanding.

International Business Law: In the New Cyberworld

Edward J. Swan 

Conducting successful international business in the modern electronically communicating world requires a wide range of tools of international cooperation in order to ensure reasonable and effective laws and regulations governing the cyber business world, as well as to avoid, and if necessary resolve, conflicts and miscommunications that inevitably arise. This is the first book to provide a comprehensive overview of legal measures to regulate cyber commerce around the globe, with detailed coverage of the world’s major markets and a legal and regulatory review, both national and international, of digital penetration of the world’s major business sectors. 

In a thoroughly researched survey of currently applicable e-commerce law across the globe, the author describes and analyzes such aspects as the following: 

        international laws and conventions affecting cyber business;

        law of international contracts;

        privacy and data protection issues, including cybercrime, cyberwar, bribery, and corruption; and

        intellectual property and competition.

There are individual chapters for major jurisdictions, including the European Union, the United States, the United Kingdom, France, China, India, Japan, South Korea, Singapore, the United Arab Emirates, and Saudi Arabia. 

Businesses and their in-house counsel, as well as lawyers advising or adjudicating business-related legal issues, will greatly appreciate the book’s in-depth description and analysis of how enforceable business agreements are formed, how they can be enforced, and how many legal jurisdictions one’s business is reaching and how the legal requirements of each jurisdiction will affect one’s agreements and one’s business expectations.

International Business Law: In the New Cyberworld

Edward J. Swan 

Conducting successful international business in the modern electronically communicating world requires a wide range of tools of international cooperation in order to ensure reasonable and effective laws and regulations governing the cyber business world, as well as to avoid, and if necessary resolve, conflicts and miscommunications that inevitably arise. This is the first book to provide a comprehensive overview of legal measures to regulate cyber commerce around the globe, with detailed coverage of the world’s major markets and a legal and regulatory review, both national and international, of digital penetration of the world’s major business sectors. 

In a thoroughly researched survey of currently applicable e-commerce law across the globe, the author describes and analyzes such aspects as the following: 

        international laws and conventions affecting cyber business;

        law of international contracts;

        privacy and data protection issues, including cybercrime, cyberwar, bribery, and corruption; and

        intellectual property and competition.

There are individual chapters for major jurisdictions, including the European Union, the United States, the United Kingdom, France, China, India, Japan, South Korea, Singapore, the United Arab Emirates, and Saudi Arabia. 

Businesses and their in-house counsel, as well as lawyers advising or adjudicating business-related legal issues, will greatly appreciate the book’s in-depth description and analysis of how enforceable business agreements are formed, how they can be enforced, and how many legal jurisdictions one’s business is reaching and how the legal requirements of each jurisdiction will affect one’s agreements and one’s business expectations.

The Internet is a world of its own, independent of any country. Its regulation encompasses a complex and frequently changing collection of international agreements, national legislation, local laws, regulations, and commercial customs affecting many areas of legal practice. This book provides a succinct, invaluable guide to the development and scope of regulation of the Internet around the world.

For each of nine key market jurisdictions—the European Union, the United States, the United Kingdom, France, China, India, Japan, South Korea, and Singapore—the author clearly describes and analyzes how courts and regulators treat Internet activity in terms of the following:

what should be available via the Internet;

what should not be available;

how transactions should be conducted;

how disputes should be resolved; and

how violations of laws and regulations should be treated.

Separate chapters discuss the role of Internet regulation in matters involving intellectual property, competition, privacy and data protection, artificial intelligence, cybercurrency, cybercrime, and cyberwarfare.

With its extensive review of protections available to international Internet businesses and its insights into the direction that Internet regulation is taking around the world, this up-to-date fund of practical knowledge about this rapidly developing regulatory landscape both globally and at national and local levels will be welcomed by practitioners, regulators, policymakers, Internet companies, Internet users, and academics for its information about the numerous areas of law relating to the Internet.

The Internet is a world of its own, independent of any country. Its regulation encompasses a complex and frequently changing collection of international agreements, national legislation, local laws, regulations, and commercial customs affecting many areas of legal practice. This book provides a succinct, invaluable guide to the development and scope of regulation of the Internet around the world.

For each of nine key market jurisdictions—the European Union, the United States, the United Kingdom, France, China, India, Japan, South Korea, and Singapore—the author clearly describes and analyzes how courts and regulators treat Internet activity in terms of the following:

what should be available via the Internet;

what should not be available;

how transactions should be conducted;

how disputes should be resolved; and

how violations of laws and regulations should be treated.

Separate chapters discuss the role of Internet regulation in matters involving intellectual property, competition, privacy and data protection, artificial intelligence, cybercurrency, cybercrime, and cyberwarfare.

With its extensive review of protections available to international Internet businesses and its insights into the direction that Internet regulation is taking around the world, this up-to-date fund of practical knowledge about this rapidly developing regulatory landscape both globally and at national and local levels will be welcomed by practitioners, regulators, policymakers, Internet companies, Internet users, and academics for its information about the numerous areas of law relating to the Internet.

Digital assets are increasingly becoming subject to national and international regulatory scrutiny. This timely book provides an overview of how, as digital asset markets expand, governments in a wide range of jurisdictions are responding to them.

In addition to chapters on specific urgent challenges of regulating cybercurrency activity, there are separate chapters detailing regulatory developments and trends in each of eight major jurisdictions—the United States, the European Union, the United Kingdom, China, India, Japan, South Korea, and Singapore—as well as a chapter on crypto regulation in a selection of other countries. The book thoroughly covers the impact of digital assets business-connected technologies on such important policy areas as the following:

consumer protection;

data privacy and security;

financial stability and systemic risk;

crime;

national security;

human rights;

financial inclusion and equity; and

energy demand and climate change.

For each of these areas and more, steps taken to regulate the marketing of digital assets both generally and in each of the covered jurisdictions are extensively described, with information on applicable legal forums and remedies.

Because the rapid evolution and volatility of the crypto markets have left regulators struggling to keep pace, this deeply researched and informed survey of current and trending regulatory measures taken worldwide will prove of inestimable value to practitioners and regulators handling any aspect of digital asset business and will remain of great worth for the foreseeable future.

Digital assets are increasingly becoming subject to national and international regulatory scrutiny. This timely book provides an overview of how, as digital asset markets expand, governments in a wide range of jurisdictions are responding to them.

In addition to chapters on specific urgent challenges of regulating cybercurrency activity, there are separate chapters detailing regulatory developments and trends in each of eight major jurisdictions—the United States, the European Union, the United Kingdom, China, India, Japan, South Korea, and Singapore—as well as a chapter on crypto regulation in a selection of other countries. The book thoroughly covers the impact of digital assets business-connected technologies on such important policy areas as the following:

consumer protection;

data privacy and security;

financial stability and systemic risk;

crime;

national security;

human rights;

financial inclusion and equity; and

energy demand and climate change.

For each of these areas and more, steps taken to regulate the marketing of digital assets both generally and in each of the covered jurisdictions are extensively described, with information on applicable legal forums and remedies.

Because the rapid evolution and volatility of the crypto markets have left regulators struggling to keep pace, this deeply researched and informed survey of current and trending regulatory measures taken worldwide will prove of inestimable value to practitioners and regulators handling any aspect of digital asset business and will remain of great worth for the foreseeable future.