Soft law and the global financial system
Subtitle: rule making in the 21st century
By: Chris Brummer
Publisher: Cambridge University Press
Published: 2012
Place of publication: Cambridge; New York
Language: eng
ISBN-13: 9781107004849; 9780521181679
Subjects: International finance; Law and legislation
Description: "The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law 'works' - and presents an alternative theory for understanding its purpose, operation and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market and institutional mechanisms that make it more coercive than classical theories of international law predict"--

"The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes, or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law "works" - and presents an alternative theory for understanding its purpose, operation, and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market, and institutional mechanisms that make it more coercive than classical theories of international law predict. As such, it is a powerful, though at times imperfect tool of financial diplomacy, and poses novel opportunities and challenges for the evolving global economic order"--
Notes: Includes bibliographical references and index.
Table of contents: title: Machine generated contents note: 1. The perils of global finance; 2. Territoriality and regulatory export; 3. The architecture of international financial law; 4. A compliance-based theory of international financial law; 5. How legitimate is international financial law?; 6. Soft law and the global financial crisis; 7. The future of international financial law.