Miriam Goldby
University of Surrey
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Publication
Featured researches published by Miriam Goldby.
Law and Financial Markets Review | 2010
Miriam Goldby; Anat Keller
This article evaluates the European Commissions “Proposal for a Regulation of the European Parliament and of the Council on Community macro prudential oversight of the financial system and establishing a European Systemic Risk Board”. An overview is given of the Proposals background and context. Its provisions are examined in detail and an evaluation is made of the extent to which the Board, as proposed, is likely to be able to accomplish its mission to prevent or mitigate systemic risks within the financial system so as to avoid episodes of widespread financial distress. Areas of concern are discussed. The article concludes that while the Proposal is a good first draft for legislation putting the de Larosière recommendations into effect, there is room for improvement in certain areas, including the Boards composition, and its accountability. Certain provisions would also benefit from clarification, especially those regarding access to information.
Journal of Money Laundering Control | 2010
Miriam Goldby
Purpose – The purpose of this paper is to discuss the potential impact of measures taken in accordance with powers introduced by Schedule 7 of the Counter‐Terrorism Act 2008 on banks and their customers.Design/methodology/approach – The paper analyses the legal provisions setting out these powers and comments on their scope; discusses the guidance issued with respect to these provisions by the Joint Money Laundering Steering Group, as well as other commentary on these provisions; examines the remedies available to those affected by the measures taken in exercise of the Schedule 7 powers; and comments on the use made of these powers to date and the relevant outcomes.Findings – The paper concludes that while the Schedule 7 powers are useful in permitting a targeted response to money laundering and terrorism financing, they can be needlessly damaging to business unless used in a proportionate and risk‐sensitive manner.Originality/value – The paper analyses critically the first judicial review decision made i...
Information & Communications Technology Law | 2008
Miriam Goldby
framework and overlooks the fact that Canada has one of the broadest and most punitive child pornography regimes in the world. Despite these shortcomings, this is an important book that brings our attention to a disturbing social problem that has been greatly ignored or misunderstood. The book concludes with a series of resources designed to help parents and their kids stay safe on the Net. Ultimately, though, there is far more regulatory work that needs to be done to combat the sexual exploitation and abuse of children in cyberspace. One does not finish this book with a strong sense of what the critical issues are and what needs to be done, from a regulatory standpoint, to stop the tide of abuse. In the final chapter, Sher claims that: ‘Nobody has the answers, but the hard questions can no longer be avoided’ (p. 286). Hopefully, if anything, this book will provide an impetus for further research and some answers to the difficult question of how to deal effectively with this problem in Canada and throughout the world.
Information & Communications Technology Law | 2008
Miriam Goldby
This article looks at the legal requirements that need to be satisfied in the electronic replication of the bill of ladings functions—in particular, the singularity requirement—and at the central registry as a method for satisfying these requirements. It goes on to look at why, a number of years after the BOLERO central registry system was first proposed and set up, electronic equivalents to bills of lading have not come into widespread use in international trade. It explores the reasons behind the failure of the international trade community to adopt these electronic equivalents and identifies some preconditions for progress in this area.
The Journal of Business Law | 2012
Miriam Goldby
The Denning Law Journal | 2012
Miriam Goldby
The Journal of Business Law | 2011
Indira M. Carr; Miriam Goldby
Archive | 2009
Indira M. Carr; Miriam Goldby
Archive | 2017
Miriam Goldby
Archive | 2017
Miriam Goldby; Andromachi Georgosouli