Download European Yearbook of International Economic Law 2010 by Christoph Ohler (auth.), Professor Dr. Christoph Herrmann PDF

By Christoph Ohler (auth.), Professor Dr. Christoph Herrmann LL.M, Dr. Jörg Philipp Terhechte (eds.)

The first quantity of the recent Yearbook attempts to trap the broadness of latest foreign monetary legislations. partially I, it brings jointly articles on quite a few matters, attaining from trade price manipulation and fiscal industry supervision over foreign funding legislations together with the starting to be funding protectionism to contemporary advancements of the exterior monetary structure of the eu Union and the connection among weather switch and foreign monetary legislation. half II covers the foremost local fiscal integration advancements around the world, analysed in numerous articles overlaying different areas. half III informs approximately contemporary actions in the various significant international monetary institutions.

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This paper will deal with the question whether the exchange rate regime operated by the People’s Republic of China is contrary to the rules of International Economic Law, or whether it is merely a — maybe selfish but absolutely lawful — way for the Chinese government to pursue an economic policy it deems appropriate for its country for the time being. The questions dealt with in this contribution are, however, not limited to the case of China. Other countries have been accused of exchange rate manipulation as well.

The G8 Summit 2007 in Heiligendamm, in its Declaration on “Growth and Responsibility in the World Economy”, stressed the importance of real exchange rate flexibility for the necessary reduction of global imbalances. 11 In a document entitled “EU–China Trade and Investment — Competition and Partnership”, the formulations are similar, but more focused on the European Union’s interest in the matter: “China’s exports to the EU have also benefited from the currency alignment of the Chinese renminbi to the dollar, which has given them an important competitive advantage.

An effective regulatory approach to parallel behaviour is, however, extremely difficult to implement, since regulators must have a detailed and deep information basis to compare the strategies of individual banks and understand the risks of counterparties. 90 Realistically, the most effective means in the long-run to prevent parallel behaviour is strong and undistorted competition in the market. As far as the systemic risk encapsulated in very large banks is concerned, this issue has already been extensively discussed for a long time.

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