Public Debt and the Brith of the Democratic State
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Inner Temple Library Newsletter Issue 43 – January 2016
Contents Saturday Opening Legal Research Training 1 One of the four Inn Libraries is open from 10.00 a.m. Saturday Opening 1 to 5.00 p.m. on each Saturday during the legal terms. Westlaw Commentary Trial 1 Annual Review 2015 2 January IT Changes 8 30 January Inner Temple Library Committee 8 Digital Images: Inns of Court 8 February AccessToLaw: Banking 9 6 February Lincoln’s Inn New Acquisitions 10 13 February Middle Temple Book Prize 11 20 February Gray’s Inn David Humphreys, 1922-2015 11 27 February Inner Temple March 5 March Lincoln’s Inn 12 March Middle Temple Legal Research Training 19 March Gray’s Inn 26 March CLOSED Dates for our next series of training sessions for new April pupils are as follows:- 2 April Inner Temple Session 1: Essentials of Legal Research To view a Saturday Opening Timetable click here. Monday 4 April 2016, 6.00 p.m. to 7.30 p.m. Location: Inner Temple Drawing Room Session 2: Legal Research Workshop: Cases Westlaw Commentary Trial Tuesday 12 April 2016, 6.00 p.m. to 7.00 p.m. Location: Inner Temple Committee Room We have been given access to Westlaw commentary sources for a three-month trial period starting on Session 3: Legal Research Workshop: Legislation 1 February. The trial includes works such as Archbold, Tuesday 19 April 2016, 6.00 p.m. to 7.00 p.m. Charlesworth & Percy, Chitty, Clerk & Lindsell, Kemp Location: Inner Temple Committee Room & Kemp, McGregor, The White Book and Woodfall. For more details click here. -
Cornell Law School
CORNELL LAW SCHOOL Central Bank Money: Liability, Asset, or Equity of the Nation? Michael Kumhof(1), Jason Allen(2), Will Bateman(3), (4) (5) (6) Rosa Lastra , Simon Gleeson , Saule Omarova (1) CEPR and Centre for Macroeconomics. Email: [email protected] (2) Humboldt Universität zu Berlin. Email: jason.allen@hu‐berlin.de (3) Australian National University. Email: [email protected] (4) Queen Mary University of London. Email: [email protected] (5) Clifford Chance. Email: [email protected] (6) Cornell University. Email: [email protected] Cornell Law School research paper No. 20-46 Cornell Law School Myron Taylor Hall Ithaca, NY 14853-4901 This paper can be downloaded without charge from: The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract=3730608 Draft 5 August 2020 Central Bank Money: Liability, Asset, or Equity of the Nation? Michael Kumhof(1), Jason Allen (2) Will Bateman (3), Rosa Lastra (4), Simon Gleeson (5), Saule Omarova (6) Abstract Based on legal arguments, we advocate a conceptual and normative shift in our understanding of the economic character of central bank money (CBM). The widespread treatment of CBM as a central bank liability goes back to the gold standard, and uses analogies with commercial bank balance sheets. However, CBM is sui generis and legally not comparable to commercial bank money. Furthermore, in modern economies, CBM holders cannot demand repayment of CBM in anything other than CBM. CBM is not an asset of central banks either, and it is not central bank shareholder equity because it does not confer the same ownership rights as regular shareholder equity. -
This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G
This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. ANGLO AMERICAN COMPETITION ASPECTS OF BANK MERGERS Genci Bilali Degree of Doctor of Philosophy The University of Edinburgh 2017 TABLE OF CONTENTS Declaration i Acknowledgements ii Abstract iii List of Abbreviations v Chapter 1 - Introduction 1 1.0 Bank mergers and competition concerns in Anglo American economies 1 1.1 Thesis’s research scope, issues and arguments; Benefits to society 5 1.2 Thesis structure 7 Chapter 2 - Applicable competition laws in the United Kingdom pertaining to bank mergers 10 2.0 Theoretical issues concerning the nature of the relationship between 10 competition and financial stability; Public interest exemption 2.1 Competition Act 1998 23 2.2 Cruickshank Report 25 2.3 -
Bank of England Charter 1694
THE CHARTER OF THE CORPORATION OF THE GOVERNOR AND COMPANY OF THE BANK OF ENGLAND(1) [27 July 1694] WILLIAM and MARY, by the Grace of God, King and Queen of England, Scotland, France and Ireland, Defenders of the Faith, &c. To all to whom these Presents shall come, Greeting. The Charter then recites certain of the provisions of The Bank of England Act 1694; the Commission for the taking of Subscriptions under the said Act; and the evidence submitted that the necessary sums had been subscribed: and proceeds: Now know ye, That we being desirous to promote the publick Good and Benefit of our People, which in these Presents are chiefly designed and intended, as well as the Profit and Advantage of all such as have subscribed and contributed according to the said Act of Parliament, and our said Commission thereupon issued, their Heirs, Successors, and Assignees respectively, and in pursuance as well of the Powers and Clauses for this Purpose, contained in the said Act of Parliament, as of our gracious Promise and Declaration, made in or by our said Commission, or Letters Patents, under the Great Seal of England, whereby the Subscriptions and Contributions on the said Act have been promoted or encouraged, and by Virtue of our Prerogative Royal, and likewise of our especial Grace, certain Knowledge, and meer Motion, Have given, granted, made, ordained, constituted, declared, appointed, and established, and by these Presents, for Us, our Heirs and Successors, do give, grant, make, ordain, constitute, declare, appoint and establish, that the said Sir William Ashhurst, & c. -
The Development of Central Banking
Forrest Capie, Charles Goodhart and Norbert Schnadt The development of central banking Book section (Published Version) Original citation: Originally published in Capie, F.; Fischer, S., Goodhart, C. and Schnadt, N. (eds), The future of central banking: the tercentenary symposium of the Bank of England. Cambridge, UK : Cambridge University Press, 1994, pp. 1-261. ISBN 9780521496346 © 2012 Cambridge University Press This version available at: http://eprints.lse.ac.uk/39606/ Available in LSE Research Online: March 2012 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. Cambridge Books Online http://ebooks.cambridge.org The Future of Central Banking The Tercentenary Symposium of the Bank of England Forrest Capie, Stanley Fischer, Charles Goodhart, Norbert Schnadt Book DOI: http://dx.doi.org/10.1017/CBO9780511983696 Online ISBN: 9780511983696 Hardback ISBN: 9780521496346 Paperback ISBN: 9780521065467 Chapter 1 - The development of central banking pp. 1-261 Chapter DOI: http://dx.doi.org/10.1017/CBO9780511983696.002 Cambridge University Press 1 The development of central banking 1 Forrest Capiey Charles Goodhart, Norbert Schnadt 1.1 Introduction On the occasion of the 300th anniversary of the Bank of England there is a natural tendency to look back at the historical record of central banks, to examine their development to the present time, and, more daringly, to speculate about their future. -
Bank of England Act 1694
Changes to legislation: There are currently no known outstanding effects for the Bank of England Act 1694. (See end of Document for details) Bank of England Act 1694 1694 CHAPTER 20 5 and 6 Will and Mar An Act for granting to theire Majesties severall Rates and Duties upon Tunnage of Shipps and Vessells and upon Beere Ale and other Liquors for secureing certaine Recompenses and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the summe of Fifteene hundred thousand pounds towards the carrying on the Warr against France: X1Wee your Majesties most dutifull and loyall Subjects the Comons assembled in Parliament for the further Supply of your Majesties extraordinary Occasions for and towards the necessary Defence of your Realmes doe humbly present your Majesties with the further Gift of the Impositions Rates and Duties herein after mentioned: Annotations: Editorial Information X1 Abbreviations or contractions in the original form of this Act have been expanded into modern lettering in the text set out below. Modifications etc. (not altering text) C1 Short title given by Short Titles Act 1896 (c. 14) I—XV. F1 Annotations: Amendments (Textual) F1 Ss. 1–15 repealed by Statute Law Revision Act 1867 (c. 59) XVI . F2 2 Bank of England Act 1694 (c. 20) Document Generated: 2017-07-17 Changes to legislation: There are currently no known outstanding effects for the Bank of England Act 1694. (See end of Document for details) Annotations: Amendments (Textual) F2 Ss. 16, 18 repealed by Statute Law Revision Act 1966 (c. 5) [F3XVII The £140,000 to be kept apart in the Exchequer. -
Bank of England Bill Bill 62 of 1997/98 Research Paper 97/115
Bank of England Bill Bill 62 of 1997/98 Research Paper 97/115 10 November 1997 The Bill stems from Gordon Brown's announcement five days after Labour's General Election victory on 1 May 1997 that responsibility for monetary policy would be transferred from the Treasury to the Bank of England; and from his announcement a fortnight later that the Bank of England's responsibility for banking supervision would be transferred to a new Financial Services Authority. The Bill receives its Second Reading in the Commons on 11 November 1997. Christopher Blair Timothy Edmonds Business & Transport Section Economic Policy & Statistics Section House of Commons Library Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. CONTENTS ISummary 5 II Introduction 6 A. Historical background 6 B. Election commitments 11 III The Bill, Part I: Constitution, Regulation and Financial Arrangements 14 A. Court of Directors 14 B. Finance and control 16 IV The Bill, Part II: Monetary Policy 17 A. Policy announcement 17 B. An Independent Central Bank: Economic Arguments (TE) 22 C. How independent will the Bank be? (TE) 26 D. Notes on Clauses: Part II Monetary Policy 29 E. Accountability 37 V The Bill, Part III: Transfer of Supervisory Functions 39 A. Background 39 B. Plans for reform 39 C. The Financial Services Authority 47 D. Part III: Notes on Clauses 49 VI The Bill, Part IV: Miscellaneous and General 50 A. -
Repealing the Factors Act 1889
International Law Research; Vol. 5, No. 1; 2016 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Repealing the Factors Act 1889 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: July 26, 2016 Accepted: September 26, 2016 Online Published: October 30, 2016 doi:10.5539/ilr.v5n1p254 URL: http://dx.doi.org/10.5539/ilr.v5n1p254 1. INTRODUCTION It is important - especially in the commercial field - that English law is modern and up to date. One piece of legislation that is particularly obscure - not helped by the Victorian drafting - is the Factors Act 1889 (‘1889 Act’). This piece of legislation can only be understood against the historical background of who factors were, and why they were accorded with legal privileges more extensive than other agents. The purpose of this article is to trace the history of factors. Also, to assert that the 1889 Act should be repealed. And, that factor’s liens (particular and general) should be abolished. Factors - also, often, called commission merchants, commission agents or consignees for sale - were said to be a species of commercial (mercantile) agent. These descriptions do not give insight into their true role since brokers, also, acted as agents in commercial matters and they also received a commission; In Anglo-Saxon times, factors do not appear to have existed. There were just merchants (mercatores) and this category was wide. It included anyone who bought, or sold, goods on a professional basis;1 However, by the 13th century, merchants were not only trading on their own account; they were acting as agents for others. -
Memorandum of Law for the International Swaps and Derivatives Association, Inc
MEMORANDUM OF LAW FOR THE INTERNATIONAL SWAPS AND DERIVATIVES ASSOCIATION, INC. Validity and Enforceability under English Law of Collateral Arrangements under the ISDA Credit Support Documents 31 October 30 December 20145 Allen & Overy LLP One Bishops Square London E1 6AD United Kingdom Tel +44 (0)20 3088 0000 Fax +44 (0)20 3088 0088 Allen & Overy LLP is a limited liability partnership registered in England and Wales with registered number OC306763. It is authorised and regulated by the Solicitors Regulation Authority of England and Wales. The term partner is used to refer to a member of Allen & Overy LLP or an employee or consultant with equivalent standing and qualifications. A list of the members of Allen & Overy LLP and of the non-members who are designated as partners is open to inspection at its registered office, One Bishops Square, London E1 6AD. Allen & Overy LLP or an affiliated undertaking has an office in each of: Abu Dhabi, Amsterdam, Antwerp, Athens, Bangkok, Barcelona, Beijing, Belfast, Bratislava, Brussels, Bucharest (associated office), Budapest, Casablanca, Doha, Dubai, Düsseldorf, Frankfurt, Hamburg, Hanoi, Ho Chi Minh City, Hong Kong, Istanbul, Jakarta (associated office), Johannesburg, London, Luxembourg, Madrid, Mannheim, Milan, Moscow, Munich, New York, Paris, Perth, Prague, Riyadh (associated office), Rome, São Paulo, Seoul, Shanghai, Singapore, Sydney, Tokyo, Toronto, Warsaw, Washington, D.C. and Yangon. ICM:230032212764.19 [This page left intentionally blank.] TABLE OF CONTENTS I. INTRODUCTION .................................................................................................................... -
The Strange Death of the Law Merchant - Part 2
International Law Research; Vol. 5, No. 1; 2016 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education The Strange Death of the Law Merchant - Part 2 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: April 11, 2016 Accepted: May 14, 2016 Online Published: June 11, 2016 doi:10.5539/ilr.v5n1p89 URL: http://dx.doi.org/10.5539/ilr.v5n1p89 17. ADMIRALTY & THE LAW MERCHANT520 One area it was often said the law merchant applied was in early maritime courts. • However, the law on such courts is scant and obscure and - while the law merchant may have been applied to some extent in these courts (as well as, later, in the High Court of Admiralty, ‘HCA’) - it is also likely the common law generally applied, save in cases where the customs of the local port made specific provision; • In any case, all local maritime courts still extant were abolished 1835 - apart from the Warden’s court of the Cinque Ports. Its jurisdiction was reduced in 1855 and, thus, only now survives as the Cinque Ports’ Court of Admiralty which is obsolete, not having heard a case since 1914. As to these matters: (a) Local Admiralty Courts: Cinque Ports The extent to which these existed is unclear. There appear to have been 9 English ports under the control of a warden in Roman times.521 • In the Anglo-Saxon period, Edward the Confessor (1042-66) may have granted a charter to the Cinque Ports (i.e. -
The Bank of England Act 1998, the Charters of the Bank and Related Documents
The Bank of England Act 1998, the Charters of the Bank and related documents July 2015 BANK OF ENGLAND CONSTITUTIONAL DOCUMENTS Introduction ......................................................................................................................................................3 Bank of England Act 1694 ............................................................................................................................6 1694 Charter ......................................................................................................................................................8 Bank Charter Act 1844 ................................................................................................................................10 Bank of England Act 1946 ..........................................................................................................................12 1998 Charter ....................................................................................................................................................17 Bank of England Act 1998 ..........................................................................................................................20 Financial Services and Markets Act 2000 ..........................................................................................81 Banking Act 2009 ........................................................................................................................................105 Financial Services Act 2012 ....................................................................................................................108 -
591. History of the Bank of England and Its Financial Services to the State
61ST CONGRESS ) CPXTAmP (DOCUMENT 2d Session f SENATE j SQ1 NATIONAL MONETARY COMMISSION HISTORY OF THE BANK OF ENGLAND And its Financial Services to the State Second edition, revised EUGEN VON PHILIPPOVICH Professor of Political Economy in the University of Vienna Translated by CHRISTABEL MEREDITH WITH AN INTRODUCTION BY H. S. FOXWELL Washington : Government Printing Office : 1911 Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis NATIONAL MONETARY COMMISSION. NELSON W. ALDRICH, ] Qiode Island, Chairman. EDWARD B. VREELAND, New York, Vice-Chairman. JULIUS C. BURROWS, Michigan. JOHN W. WEEKS, Massachusetts. EUGENE HALE, Maine. ROBERT W. BONYNGE, Colorado. PHILANDER C. KNOX, Pennsylvania. SYLVESTER C. SMITH, California. THEODORE E. BURTON, Ohio. LEMUEL P. PADGETT, Tennessee. HENRY M. TELLER, Colorado. GEORGE E. BURGESS, Texas. HERNANDO D. MONEY, Mississippi. ARSENE P. PUJO, Louisiana. JOSEPH W. BAILEY, Texas. ARTHUR B. SHELTON, Secretary. A. PIATT ANDREW, Spa Assistant to Commission. 2 Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis TABLE OF CONTENTS Page. INTRODUCTION BY H. S. FOXWELL 5 PREFACE TO FIRST EDITION 23 PREFACE TO SECOND EDITION 27 INTRODUCTION 29 PART I. THE FOUNDATION OF THE BANK OF ENGLAND. I. THE DEVELOPMENT OF ENGLISH ECONOMIC ORGANIZATION DUR ING THE SEVENTEENTH CENTURY, WITH SPECIAL REFERENCE TO THE LOAN SYSTEM 43 II. PUBLIC CREDIT BEFORE THE FOUNDATION OF THE BANK 55 III. THE FOUNDATION OF THE BANK OF ENGLAND, AND ITS STATU TORY RELATION TO THE STATE 68 PART H. THE RELATIONS BETWEEN THE BANK AND THE ADMINISTRATION OF THE PUBLIC DEBT, AND OF THE PUBLIC MONEY DURING THE EIGHT EENTH CENTURY 78 THE EVOLUTION OF THE NATIONAL DEBT AND OF ITS ADMINISTRATION.