Private International Law-Making for the Financial Markets
52 Pages Posted: 24 Aug 2005
Date Written: August 18, 2005
Transnational financial transactions create new opportunities for private groups to influence legal and regulatory rules. Whereas the harmonization of financial law that follows from the increasing significance of transnational transactions looks as though it occurs through processes which are public, state-centred and transparent I describe three ways in which private and opaque processes have a significant influence on policy development in the area of financial law. These are private international law-making through private involvement in public rule-making processes, through contracting, and through the actions of private sector regulatory entrepreneurs.
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