Abstract

http://ssrn.com/abstract=1725004
 


 



Basel II: A Post-Crisis Post-Mortem


Jeffery Atik


Loyola Law School Los Angeles

December 13, 2010

Transnational Law & Contemporary Problems, Vol. 19, p. 731, 2011
Loyola-LA Legal Studies Paper No. 2010-56

Abstract:     
The outbreak of the Global Financial Crisis (“Crisis”) coincided with the programmed phase-in of the second-generation Basel internationally harmonized capital adequacy regime (“Basel II”). Basel II transformed the 1988 Basel Accord’s primitive capital adequacy rules into a more general risk management regime. In so doing, it largely abandoned the one-size-fits-all rule for more elastic, institution-specific requirements. The failure of major banks and other financial institutions in the United States, Europe and elsewhere prompted a sober reevaluation of the possible limits of effective financial regulation, with Basel II losing its operational significance during the Crisis. The capital required by Basel II proved inadequate to save many important banks from destruction. This Article explores three weaknesses of Basel II. The first weakness is the illusion of safety that Basel II engendered. The second is the use of credit ratings to determine the regulatory capital needed to support the holding of particular financial assets. The third weakness is the negative spiral effect resulting from the interplay between asset value declines occasioned by mark-to-market accounting and Basel II’s rigid capital demands, generally described as pro-cyclicality. The Article examines the remains of Basel II with two general inquiries: to what extent did Basel II contribute to the creation of conditions that led to the Crisis and what effect does the failure of Basel II have on the prospects for a post-Crisis internationally harmonized capital adequacy regime.

Number of Pages in PDF File: 29

Accepted Paper Series





Download This Paper

Date posted: December 14, 2010  

Suggested Citation

Atik, Jeffery, Basel II: A Post-Crisis Post-Mortem (December 13, 2010). Transnational Law & Contemporary Problems, Vol. 19, p. 731, 2011; Loyola-LA Legal Studies Paper No. 2010-56. Available at SSRN: http://ssrn.com/abstract=1725004

Contact Information

Jeffery Atik (Contact Author)
Loyola Law School Los Angeles ( email )
919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8369 (Phone)
213-380-3769 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 2,379
Downloads: 522
Download Rank: 29,197

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.359 seconds