Jonas Schürger - Böcker

Increasingly extraterritorial regulation of states, protectionist tendencies, and the EU's tightening of its foreign trade policy result in a growing legal fragmentation that stands in stark contrast to the reality of global financial markets. This fragmentation can lead to restricted market access and poses significant legal and economic risks. Equivalence and Substituted Compliance in Financial Markets Law champions deference as a viable concept to counteract this development. The book examines the mechanisms of equivalence and substituted compliance in the European Union, Switzerland and the United States from a comparative, economic, and constitutional perspective. Discussing questions of national law, EU law, and world trade law, this book provides an in-depth analysis of equivalence and addresses the question of how to design a global financial architecture in the future.Chapters One and Two provide an overview of the development of mutual recognition within the European Union and current equivalence practices, while Chapters Three and Four examine similar frameworks in Switzerland and the United States respectively. Chapter Five concludes by giving an outlook on the future of global finance architecture and argues for the expansion of deference in international finance.

This book covers three topics that have dominated financial market regulation and supervision debates: digital finance, sustainable finance, and the Banking and Capital Markets Union. Within the first part, seven chapters will tackle specific questions arising in digital finance, including but not limited to artificial intelligence, tokenisation, and international regulatory cooperation in digital financial services. The second part addresses one of humanity’s most pressing issues today: the climate crisis. The quest for sustainable finance is driven by political actors and a common understanding that climate change is a severe threat. As financial institutions are a cornerstone of human interaction, they are in the regulatory spotlight. The chapters explore sustainability in EU banking and insurance regulation, the interrelationship between systemic risk and sustainability, and the ‘greening’ of EU monetary policy. The third part analyses two projects that have led to huge structural changes in the European financial market architecture over the last decade: the European Banking Union and Capital Markets Union. This transformation has raised numerous legal questions that can only gradually be answered in all their intricacies. In four chapters, this book examines composite procedures, property rights of depositors in banking resolution, preemptive financing arrangements and the phenomenon of subsidiarisation in the context of Brexit. Of interest to academics, policymakers, practitioners, and students in the field of EU financial regulation, banking law, securities law, and regulatory law, this book offers a compilation of analyses on pressing banking and capital markets law problems.