Book contents
- Frontmatter
- Contents
- Figures
- Tables
- Foreword
- Preface
- 1 Introduction
- 2 The antecedents of the BCBS
- 3 Modus operandi
- 4 The Concordat
- 5 External and foreign exchange issues
- 6 Capital adequacy and the Basel Accord of 1988
- 7 The Market Risk Amendment
- 8 The Core Principles of Banking Supervision
- 9 Liquidity
- 10 Off-balance-sheet exposures and derivatives
- 11 Other topics addressed by the BCBS
- 12 The relationship of the BCBS with banks and other banking regulators
- 13 Relationships with other non-bank oversight and supervisory bodies
- 14 The legal position of the BCBS
- 15 The international relations of the BCBS
- 16 The BCBS and the social sciences
- 17 Epilogue
- Bibliography
- Index
- References
14 - The legal position of the BCBS
Published online by Cambridge University Press: 07 September 2011
- Frontmatter
- Contents
- Figures
- Tables
- Foreword
- Preface
- 1 Introduction
- 2 The antecedents of the BCBS
- 3 Modus operandi
- 4 The Concordat
- 5 External and foreign exchange issues
- 6 Capital adequacy and the Basel Accord of 1988
- 7 The Market Risk Amendment
- 8 The Core Principles of Banking Supervision
- 9 Liquidity
- 10 Off-balance-sheet exposures and derivatives
- 11 Other topics addressed by the BCBS
- 12 The relationship of the BCBS with banks and other banking regulators
- 13 Relationships with other non-bank oversight and supervisory bodies
- 14 The legal position of the BCBS
- 15 The international relations of the BCBS
- 16 The BCBS and the social sciences
- 17 Epilogue
- Bibliography
- Index
- References
Summary
The status of the BCBS
The legal status of the BCBS is simple to discuss; it had none. Norton quotes Peter Cooke in two related papers:
The committee does not undertake a formal supernational supervisory role; its conclusions do not have, and were never intended to have, legal force. Rather it formulates and recommends broad supervisory principles and guidelines of best practices in the hope and expectation that individual authorities will take steps to implement them through detailed arrangements – statutory or otherwise – which are best suited to their own national systems. In this way the committee encourages some gradual convergence towards a common approach and common standards without attempting far reaching harmonization of member countries supervisory techniques.
Indeed, according to the BCBS’ own website:
The Committee does not possess any formal supranational supervisory authority, and its conclusions do not, and were never intended to, have legal force. Rather, it formulates broad supervisory standards and guidelines and recommends statements of best practice in the expectation that individual authorities will take steps to implement them through detailed arrangements – statutory or otherwise – which are best suited to their own national systems. In this way, the Committee encourages convergence towards common approaches and common standards without attempting detailed harmonisation of member countries’ supervisory techniques.
- Type
- Chapter
- Information
- The Basel Committee on Banking SupervisionA History of the Early Years 1974–1997, pp. 542 - 559Publisher: Cambridge University PressPrint publication year: 2011
References
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