Abstract

http://ssrn.com/abstract=1739882
 
 

Citations (1)



 


 



Regulating the Invisible: The Case of Over-the-Counter Derivatives


Colleen Baker


University of Illinois Urbana-Champaign College of Business

November 30, 2010

Notre Dame Law Review, Vol. 85, p. 1287, 2010
Notre Dame Legal Studies Paper No. 03-11

Abstract:     
In this Article, I focus on the regulation of the over-the-counter (OTC) derivative markets. I argue that current reform proposals and draft legislation fall short of constructing the linked domestic and international frameworks needed to successfully regulate the OTC derivative markets. The purpose of my Article is to propose and defend such a framework. Because of the inseparability of the domestic and international aspects of this issue, I argue that in addition to increased prudential supervision and regulation, the regulation of OTC derivative markets requires interwoven domestic and international systems for regulatory cooperation. This recommendation has two parts. First, Congress should create a framework of regulatory cooperation between the SEC and the CFTC through a regulatory joint venture. Second, I argue for an international framework of regulatory cooperation using a system of public-private partnerships to coordinate regulation of OTC derivatives in the global marketplace.

Number of Pages in PDF File: 88

Keywords: derivative markets, OTC, international regulatory cooperation, SEC, CFTC, regulatory joint venture, over-the counter, ISDA, financial regulation

Accepted Paper Series





Download This Paper

Date posted: January 15, 2011  

Suggested Citation

Baker, Colleen, Regulating the Invisible: The Case of Over-the-Counter Derivatives (November 30, 2010). Notre Dame Law Review, Vol. 85, p. 1287, 2010; Notre Dame Legal Studies Paper No. 03-11. Available at SSRN: http://ssrn.com/abstract=1739882

Contact Information

Colleen M. Baker (Contact Author)
University of Illinois Urbana-Champaign College of Business ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 1,631
Downloads: 405
Download Rank: 41,146
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.297 seconds