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6 - The Future of International Financial Law

Published online by Cambridge University Press:  05 June 2012

Chris Brummer
Affiliation:
Georgetown University, Washington DC
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Summary

The 2008 financial crisis serves as a reminder for both policymakers and the public of the fragility of the global financial system. It also unveiled with tragic clarity that the national and international regulations in place prior to the crisis to ensure global financial stability were far from adequate. In this book, we have examined the new institutional arrangements, standards, codes, and reports created to meet the challenges of global finance. We have also seen, however, the persistence of important gaps, sluggish and nationally oriented problem solving, and the high costs of regulatory error when international rules are flawed.

For some commentators, these limitations reveal defects in the very institutional foundations on which international financial law is built, and indicate that more radical changes and reforms are required beyond the revamped Financial Stability Board and G-20. Specifically, some experts have called for a more formal “World Financial Organization,” akin to the WTO, that would act as the primary international standard setter for finance, free from the distortional effects of power politics. Under such a centralized, treaty-based international organization, more official “hard law” models of global governance could be leveraged to more effectively supervise mobile market participants.

Type
Chapter
Information
Soft Law and the Global Financial System
Rule Making in the 21st Century
, pp. 266 - 284
Publisher: Cambridge University Press
Print publication year: 2011

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References

Kleinfeld, JoshuaSkeptical Internationalism: A Study of Whether International Law Is Law 78 2010
2006
Rajan, Raghuram 2008
Arner, Douglas W.Taylor, MichaelThe Global Financial Crisis and the Financial Stability Board: Hardening the Soft Law of International Financial Regulation? 54 2009
Adams, TimothySadun, Arrigo 2009
Mandelson, Peter 2009
Blackmore, VanessaJeapes, EstherThe Global Financial Crisis: One Global Regulator or Multiple Regulators? 4 2009
Dorf, Michael C.Dynamic Incorporation of Foreign Law 157 2008
Abbott, Kenneth W.Snidal, DuncanHard and Soft Law in International Governance 54 2000
Rodrik, Dani 2009
Gelb, Leslie H. 2009
Cohen, JoshuaSabel, Charles FGlobal Democracy?NYU J. Int'l L. & Pol 763 2005Google Scholar
Brooks, Stephen G.Wohlforth, William C. 2009

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