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Tables | |
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Preface | |
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Tables of legislation | |
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Table of EU legislation | |
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Table of international conventions | |
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Table of cases | |
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Abbreviations | |
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Introduction | |
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Introduction to electronic finance and Internet banking | |
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Internet banking in Europe: basic concepts and recent trends | |
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The Internet as catalyst of international financial integration | |
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Internet banking in Europe | |
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The legal foundations of electronic banking activities | |
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The banker-customer relationship | |
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Electronic finance and credit | |
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Online securities trading | |
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Online banking and international market access: The causes of incomplete financial integration and what to do about them | |
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Legal barriers and necessary regulatory reforms | |
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The causes of incomplete European integration in online financial services | |
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International governance of cross-border electronic commerce and finance | |
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EU policies affecting electronic commerce in financial services | |
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The governance of the European market in cross-border electronic banking activities | |
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Introduction | |
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Institutional foundations of the single European market in financial services | |
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Mutual recognition of national laws as institutional principle | |
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Mutual recognition beyond the EC Treaty: 'home country' control in various forms as institutional anchor of the single financial market | |
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Minimum harmonization of national laws and enforcement practices as prerequisites of mutual recognition of national laws and 'home country' control | |
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EU harmonization and convergence of national laws relating to electronic banking activities | |
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Risks and regulatory concerns relating to electronic banking activities and the convergence of national prudential regulatory standards | |
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Convergence of national laws and the notion of 'general good' in the single European market | |
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Risks and prudential regulatory concerns caused by electronic banking activities | |
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Non-EU international initiatives of legal harmonization concerning electronic banking activities | |
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EU harmonization measures in the field of prudential banking regulation | |
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The prudential regulation of electronic banking activities in key European countries | |
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EU measures of legal harmonization concerning electronic commerce and distance marketing of financial services, data protection, banking contracts and investor protection | |
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E-commerce and distance marketing of financial services | |
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Privacy and data protection | |
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The harmonization of national laws of banking contracts | |
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Online bank loans and the Consumer Credit Directive | |
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Convergence of national laws regulating the provision of online investment services | |
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Assessing the level of convergence of national laws regulating Internet banking | |
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Applicable law and allocation of regulatory responsibility in cross-border electronic banking activities | |
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Cross-border Internet banking and the principle of 'home country' control in the EU Financial Services Directives | |
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Introduction | |
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Cross-border Internet banking without the benefit of 'home country' regulation and supervision | |
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Mutual recognition of national laws on the basis of 'home country' control in the Banking and Investment Services Directives | |
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The notion of 'general good' in the Banking Consolidation Directive | |
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'Host country' powers to apply domestic laws in non-prudential matters | |
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Mutual recognition of national laws under the principle of 'country of origin' of the Electronic Commerce Directive | |
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Scope of application of the 'country of origin' rule | |
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The 'coordinated field' | |
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The implementation of the 'country of origin' principle | |
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The case-by-case derogation of Article 3(4)-(6) | |
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The normative impact of the principle of 'country of origin' | |
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Applicable law and jurisdiction in cross-border electronic banking contracts | |
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International contracts, conflicts of laws and European financial integration | |
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Choice of law and choice of jurisdiction in cross-border banking contracts | |
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Choice of law and forum in consumer contracts | |
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Choice of law and the impact of mandatory rules | |
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Conclusions | |
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Select bibliography | |
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Index | |