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Informationen zum Autor Edgardo Rotman is Senior Lecturer in International and Comparative Law Emeritus at the University of Miami School of Law, USA. He has been Professor of Law at the National University of Buenos Aires School of Law and Social Sciences, Visiting Professor at Boston University School of Law, visiting scholar at the Harvard Law School, and Research Fellow at the Max-Planck Institute for Criminal Law, Germany. He represented the United States in various international conferences as member of the Council of the International Penal and Penitentiary Foundation and received various honors and recognitions. (Photo: Patricia Moya, University of Miami) EDGARDO ROTMAN is a Staff Attorney at the Massachusetts Correctional Legal Services. He has been a Visiting Scholar at Harvard Law School and a Visiting Professor at Boston University School of Law. Vorwort This book provides a uniquely comparative approach to the examination of financial crime regulation. Zusammenfassung This book provides a uniquely comparative approach to the examination of financial crime regulation. At a time when financial crime routinely crosses international boundaries, this book provides a novel understanding of its spread and criminalisation. It traces the international convergence of financial crime regulation with a uniquely comparative approach that examines key institutional and state actors including the European Union, the International Organization of Securities Commissions, as well as the United States, the United Kingdom, Switzerland, France, Italy and Germany, all countries that harbour some of the most influential stock exchanges in the Western world. The book describes and documents the phenomenon of internationalisation of securities frauds – such as insider trading and market manipulation – and the laws criminalising those acts, most notably those responding to recent dramatic transformations in securities markets, high frequency trading, and benchmark manipulation. At the European level, it shows the progressive uniformisation of laws culminating in the 2014 European Union Market Abuse Regulation.The book argues that criminal prohibitions against internationalised market abuse must be understood as an economic and legal imperative to protect financial markets against activities that imperil its integrity, compromising the confidence of investors and thus affecting the economy as a whole. The book is supported by an extensive review of the most significant scholarship in each country. Inhaltsverzeichnis Introduction 1. The Internationalisation Process I. The Concept of Legal Internationalisation II. Extraterritorial Application of National Law III. International Cooperation IV. Mutual Recognition V. The Diffusion of the American Legal Model VI. Suppression Treaties and Conventions VII. Internationalisation through EU Directives and Regulations VIII. Harmonisation IX. Transnationalisation as a Subcategory of Legal Internationalisation Lato Sensu A. Transnational Law in General B. Transnational Criminal Law C. ‘Transnationalisation’ X. Economic Underpinnings A. The Globalisation of Financial Markets B. Relationship between the Economy and Business-Related Criminality XI. Social and Psychological Underpinnings: White-Collar Criminality in the Context of a Globalised Economy 2. The Internationalisation of Securities Fraud-Related Criminal Law in General I. Introduction II. Securities Fraud as a Criminal Offence A. The Concept of ‘Securities’ B. The Concept of ‘Securities Fraud’ in American Law C. Criminal Securities Fraud in American Law III. Critical Statutory Interpretation A. Shortcomings of American Legal Scholarship in the Field of Criminal Securities Frauds B. The Use of Comparative Criminal Law to Rethink and Reform the Doctrine of Criminal Liabilityin American Securities Law 3. Extr...
