The Global Financial Crisis and the Financial Stability Board: Hardening the Soft Law of International Financial Regulation?

AIIFL Working Paper No. 6

31 Pages Posted: 2 Jul 2009 Last revised: 21 Feb 2011

See all articles by Douglas W. Arner

Douglas W. Arner

The University of Hong Kong - Faculty of Law

Michael Taylor

International Monetary Fund (IMF) - Monetary and Exchange Affairs Department

Multiple version iconThere are 2 versions of this paper

Date Written: June 1, 2009

Abstract

This article considers the Finanical Stability Board and the extent to which this extension of the current "soft law" regime can be a substitute for a "hard law" regime with greater enforcement powers. The paper concludes that greater institutional backing for the FSB is achievable without moving to a fully treaty-based, hard law solution. However, while these arrangements are likely to enhance the ongoing supervision of crossborder financial groups and will lead to generally higher supervisory standards throughout the world, it is unlikely that they will be able to deliver improvements to the second major issue on which enhanced coordination is being sought, namely improved crisis management arrangements and agreements on burden sharing. In the latter case, only a hard law solution, perhaps imposing binding arbitration on the relevant parties, is likely to be effective, but the political will to develop such an approach was not evident at the 2009 G20 London Summit.

Keywords: Global financial crisis, Financial Stability Board, G20, global administrative law, policy networds, financial globalization

Suggested Citation

Arner, Douglas W. and Taylor, Michael William, The Global Financial Crisis and the Financial Stability Board: Hardening the Soft Law of International Financial Regulation? (June 1, 2009). AIIFL Working Paper No. 6 . Available at SSRN: https://ssrn.com/abstract=1427084 or http://dx.doi.org/10.2139/ssrn.1427084

Douglas W. Arner (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01237

Michael William Taylor

International Monetary Fund (IMF) - Monetary and Exchange Affairs Department ( email )

700 19th Street NW
Washington, DC 20431
United States
202-623-6388 (Phone)

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