Tables | p. xiii |
Preface | p. xv |
Tables of legislation | p. xix |
Table of EU legislation | p. xxvii |
Table of international conventions | p. xxxvi |
Table of cases | p. xxxvii |
Abbreviations | p. xliii |
Introduction | p. 1 |
Introduction to electronic finance and Internet banking | p. 5 |
Internet banking in Europe: basic concepts and recent trends | p. 7 |
The Internet as catalyst of international financial integration | p. 7 |
Internet banking in Europe | p. 20 |
The legal foundations of electronic banking activities | p. 29 |
The banker-customer relationship | p. 29 |
Electronic finance and credit | p. 40 |
Online securities trading | p. 42 |
Online banking and international market access: The causes of incomplete financial integration and what to do about them | p. 49 |
Legal barriers and necessary regulatory reforms | p. 51 |
The causes of incomplete European integration in online financial services | p. 51 |
International governance of cross-border electronic commerce and finance | p. 63 |
EU policies affecting electronic commerce in financial services | p. 73 |
The governance of the European market in cross-border electronic banking activities | p. 82 |
Introduction | p. 82 |
Institutional foundations of the single European market in financial services | p. 84 |
Mutual recognition of national laws as institutional principle | p. 86 |
Mutual recognition beyond the EC Treaty: 'home country' control in various forms as institutional anchor of the single financial market | p. 99 |
Minimum harmonization of national laws and enforcement practices as prerequisites of mutual recognition of national laws and 'home country' control | p. 123 |
EU harmonization and convergence of national laws relating to electronic banking activities | p. 135 |
Risks and regulatory concerns relating to electronic banking activities and the convergence of national prudential regulatory standards | p. 137 |
Convergence of national laws and the notion of 'general good' in the single European market | p. 137 |
Risks and prudential regulatory concerns caused by electronic banking activities | p. 148 |
Non-EU international initiatives of legal harmonization concerning electronic banking activities | p. 150 |
EU harmonization measures in the field of prudential banking regulation | p. 154 |
The prudential regulation of electronic banking activities in key European countries | p. 156 |
EU measures of legal harmonization concerning electronic commerce and distance marketing of financial services, data protection, banking contracts and investor protection | p. 165 |
E-commerce and distance marketing of financial services | p. 165 |
Privacy and data protection | p. 179 |
The harmonization of national laws of banking contracts | p. 183 |
Online bank loans and the Consumer Credit Directive | p. 205 |
Convergence of national laws regulating the provision of online investment services | p. 213 |
Assessing the level of convergence of national laws regulating Internet banking | p. 226 |
Applicable law and allocation of regulatory responsibility in cross-border electronic banking activities | p. 229 |
Cross-border Internet banking and the principle of 'home country' control in the EU Financial Services Directives | p. 231 |
Introduction | p. 231 |
Cross-border Internet banking without the benefit of 'home country' regulation and supervision | p. 232 |
Mutual recognition of national laws on the basis of 'home country' control in the Banking and Investment Services Directives | p. 237 |
The notion of 'general good' in the Banking Consolidation Directive | p. 242 |
'Host country' powers to apply domestic laws in non-prudential matters | p. 243 |
Mutual recognition of national laws under the principle of 'country of origin' of the Electronic Commerce Directive | p. 262 |
Scope of application of the 'country of origin' rule | p. 262 |
The 'coordinated field' | p. 266 |
The implementation of the 'country of origin' principle | p. 278 |
The case-by-case derogation of Article 3(4)-(6) | p. 281 |
The normative impact of the principle of 'country of origin' | p. 286 |
Applicable law and jurisdiction in cross-border electronic banking contracts | p. 289 |
International contracts, conflicts of laws and European financial integration | p. 290 |
Choice of law and choice of jurisdiction in cross-border banking contracts | p. 292 |
Choice of law and forum in consumer contracts | p. 296 |
Choice of law and the impact of mandatory rules | p. 305 |
Conclusions | p. 310 |
Select bibliography | p. 319 |
Index | p. 339 |
Table of Contents provided by Ingram. All Rights Reserved. |