scholarly journals A capability framework for financial market regulation

Author(s):  
Rutger Claassen

This chapter is about normative justifications for regulating markets. In leading handbooks as well as in the academic literature, a split is often made between economic justifications (based on the theory of market failure) and social justifications (mainly around considerations of paternalism and distributive justice). The chapter questions this dichotomy and calls for the development of an ethically coherent framework for market regulation. To do so, the chapter proposes to build on the capability approach, first developed by economist Amartya Sen and philosopher Martha Nussbaum. A capability approach to regulation would hold that markets should be regulated to the extent necessary for realizing a set of basic capabilities. The chapter discusses existing applications to property law and contract law and extends them into the outlines of a general theory of regulation. The final part illustrates the promises of such an approach with respect to the regulation of financial markets.

2014 ◽  
Vol 2014 (4) ◽  
pp. 21-42
Author(s):  
Sergey Dubinin

This article focuses on changes in regulation of financial markets abroad after the financial crisis of 2007-2009 and provides comments on the effectiveness of such regulation. Specially the author analyzes the risks that the derivatives market creates for the financial sector and proposes mechanisms to enhance transparency and stability of the market. The author considers how introduction rules of FATCA and FCPA to the U.S. will influence on the financial sector, the possibility of continuing Russian banks overseas financial transactions, the cost of loans to Russian companies. Also the author writes how the introduction of Tobin tax will impact on international financial transactions in Europe. He describes the changes in the area of offshore jurisdictions in the world occur. There is the experience of creating an international financial center abroad. He gives information on what measures taken to transform the emirate of Dubai to International Financial Centre. In conclusion, the author proposes measures of increase of investment attractiveness of Russia and the possibility of establishing a Russian international financial center.


2005 ◽  
Vol 64 (2) ◽  
pp. 413-448 ◽  
Author(s):  
Harry McVea

DESPITE the fact that the “nature, role and form” of financial market regulation has varied—sometimes significantly—from jurisdiction to jurisdiction, traditionally there has been a remarkable degree of unanimity about the need for comprehensive regulatory controls governing the operations of financial institutions and the financial markets more generally. In essence, this consensus derives from a conception of financial markets as being sufficiently distinct from other kinds of economic activity, such as manufacturing electrical goods, or the marketing of adventure holidays, to require extensive regulation and oversight. From a descriptive point of view, the inspiration for much of this regulation—at least in its statutory form—can very often be traced to various reactions to financial crises. In the US, for example, extensive Federal Securities legislation, which has been in place since the 1930s, was Congress’s response to bank runs and alleged financial abuses in the depression era.


2012 ◽  
Vol 02 (11) ◽  
pp. 15-24
Author(s):  
Charles Kombo Okioga

Capital Market Authority in Kenya is in a development phase in order to be effective in the regulation of the financial markets. The market participants and the regulators are increasingly adopting international standards in order to make the capital markets in sync with those of developed markets. New products are being introduced and new business lines are being established. The Capital Markets Authority (Regulator) is constantly reviewing existing regulations and recommending changes to regulate the market properly. Business lines and activities are being harmonized by market participants to provide a one stop solution in order to meet the financial and securities services needs of the investors. The convergence of business lines and activities of market intermediaries gives rise to the diversity of a firm’s business operations to meet multiplicity of regulations that its activities are subject to. The methodology used in this study was designed to examine the relationship between capital markets Authority effective regulation and the performance of the financial markets. The study used correlation design, the study population consisted of 30 employees in financial institutions regulated by Capital Markets Authority and 80 investors. The study found out that effective financial market regulation has a significant relationship with the financial market performance indicated by (r=0.571, p<0.01) and (r=0.716, p≤0.01, the study recommended a further research on the factors that hinder effective financial regulation by the Capital Markets Authority.


2006 ◽  
Vol 59 ◽  
pp. 83-110 ◽  
Author(s):  
Mozaffar Qizilbash

Philosophical accounts of human well-being face a number of significant challenges. In this paper, I shall be primarily concerned with one of these. It relates to the possibility, noted by Martha Nussbaum and Amartya Sen amongst others, that people’s desires and attitudes are malleable and can ‘adapt’ in various ways to the straitened circumstances in which they live. If attitudes or desires adapt in this way it can be argued that the relevant desires or attitudes fail to provide a reliable basis for evaluating well-being. This is, what I shall call the ‘adaptation problem’. Nussbaum and Sen have—in different ways used this argument to motivate their versions of the ‘capability approach’. However, questions remain about the implications of adaptation for philosophical accounts of well-being.


2012 ◽  
Vol 26 (3) ◽  
pp. 563-581 ◽  
Author(s):  
Mark J. Kohlbeck ◽  
Susan D. Krische ◽  
Nancy R. Mangold ◽  
Stephen G. Ryan

SYNOPSIS A concurrent session at the 2011 American Accounting Association Annual Meeting featured the panel discussion “Financial Market Regulation and Opportunities for Accounting Research.” Structuring their comments around their unique interests and expertise, the panelists covered diverse topics on the regulation of financial markets and financial institutions, including current activities of the primary financial market regulators responsible for accounting and auditing oversight, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the financial regulation of financial institutions from an economist's perspective. This paper summarizes the panelists' prepared remarks, which were followed by questions and comments from the audience.


2019 ◽  
Vol 16 (5) ◽  
pp. 592-621 ◽  
Author(s):  
Rustam A. Kasyanov

Five countries became members of the Eurasian Economic Union – an international organization of regional economic integration. The Republic of Kazakhstan, the Russian Federation, and the Republic of Belarus signed the international Treaty in the city of Astana, Kazakhstan on May 29, 2014. The Republic of Armenia and the Kyrgyz Republic acceded to the Treaty later. Harmonized regulation of financial markets should be one of the initial areas of cooperation, with the aims of creating a single financial services market within the EAEU and ensuring non-discriminatory access to the national financial markets of each of the member states. The EAEU member states have already entered into the initial stage of developing the Eurasian common market in financial services. A considerable part of the work should be carried out by a supranational financial market regulation body, which is to be established by 2025 according to the EAEU Treaty. Such financial integration in the EAEU has only been in progress for a limited time period and many of the key steps are yet to be done. The existing national-markets development level is highly non-homogeneous and is in need of further development. In such circumstances, a relevant question related to the study of foreign experience arises. European Union started to form its single financial services market in 1973, and since then it has gained certain experience in financial markets integration. This research paper is dedicated to the issue of necessity and possibility of using the EU experience in the course of the EAEU Single market development. The issue will be addressed in terms of political, legal, academic, and practical aspects. The article is of a general, theoretical legal character, which is why emphasis will be placed on legal and doctrinal questions. Special attention will be paid to an analysis of the Eurasian Economic Union Treaty and its Protocols. The work will be based on the academic research and opinions of Russian and foreign authors.


2015 ◽  
Vol 42 (1) ◽  
pp. 5-38 ◽  
Author(s):  
Ilja Viktorov

The article examines how informal networks inside the Russian state influenced the formation and further development of the country’s financial markets during the 1990s and 2000s. The main argument is that the activities of these networks made it difficult to implement any coherent state regulation policy in the field. At the same time, rivalry between competing informal networks and different organizations contributed to institutional development and some improvements. The result was a dualist institutional structure of the Russian speculative financial markets that reproduced itself throughout the period in question. The study is based on in-depth interviews conducted at Moscow-based financial institutions.


2020 ◽  
Vol 8 (2) ◽  
pp. 205-221
Author(s):  
Helen Charnley ◽  
Pearson Nkhoma

The relationship between prostitution, modern slavery and human trafficking is much debated in the academic literature. By contrast, discussion of children’s involvement in prostitution as a form of modern slavery and human trafficking constitutes a silent consensus. Drawing on the findings of a participatory study with girls and young women in Malawi, we prize open that consensus, illuminating the poverty of contemporary discourses that link children’s involvement in prostitution with modern slavery and human trafficking, and identifying a series of tensions that confound the development of conceptual clarity. We develop our argument by exploring the potential of the capability approach, rooted in principles of social justice and human rights, to offer an alternative understanding of children’s engagement and ongoing involvement in prostitution, and a critical lens through which to reframe the relationship between children, prostitution, modern slavery and human trafficking.


Author(s):  
Richard Deeg ◽  
Walter James

The regulation of finance is central to the growth and development of every economy. Financial regulation determines the overall character of the financial system, the relationship between borrowers and savers, the allocation of capital, and the macroeconomic performance of the economy. Financial market regulation is distinct from regulation of other sectors of the economy because of the essential infrastructural role of finance—all other sectors of advanced economies depend on the financial system. Despite its enormous importance, financial regulation normally has low political salience. Except in times of crisis, most voters—and therefore politicians—have relatively little interest in the matter. This can be attributed in part to the complex and technical nature of financial markets and regulation, which relatively few people understand well. Low political salience facilitates a regulatory process that is very heavily shaped by regulators (technocrats) and the industry they regulate, with only minor direction from elected political leaders. In the long history of capitalism, bank and financial system crises have been regular occurrences. Regulation, or regulatory failure, is often seen as a cause of crises, but regulatory change is also the response. Thus any given financial regulatory regime is never settled for long. After the Great Depression, advanced capitalist economies introduced highly restrictive financial regulatory regimes designed to minimize systemic risk from bank failures. In the postwar period, restrictive regulatory regimes were combined with capital controls that limited international movements of capital. The postwar Bretton Woods international monetary regime stabilized fixed exchange rates through such controls and, when necessary, lending by the International Monetary Fund (IMF) to countries that could not pay for their external debts. Starting with the collapse of the Bretton Woods regime in the early 1970s, all the advanced economies started liberalizing financial market regulation and removing capital controls as part of a broader shift toward a neoliberal economic philosophy. These deregulatory measures brought about a dramatic transformation of domestic financial systems and the reemergence of a dynamic and rapidly growing international financial market. Such dynamic and internationalized financial market was, in large part, the root cause of the early-21st-century financial crisis. The Great Financial Crisis of 2008 precipitated widespread review and revision of financial market regulations at both the domestic and international levels. These revisions include a shift from private self-regulation to state-driven regulation of financial markets, the centralization of regulation at the level of the European Union, and a closer cooperation between states in forging international regulatory standards. Nonetheless, despite the dramatic growth of the international financial market and transnational efforts to coordinate regulation, financial regulation remains overwhelmingly a domestic affair.


2018 ◽  
Vol 59 (1) ◽  
pp. 105-134 ◽  
Author(s):  
Christine Trampusch

Abstract This study of the reform of the German Bourse Law in 1908 argues that the “self-undermining negative policy feedback effects” of the initial Bourse Law of 1896 on the market for Imperial and state bonds explain why exchange regulation was liberalized although the dominant political forces, the Conservatives and the Clericals, were opposed to bourses and capital markets. Based on an original assessment of primary documents, the study uses the method of explaining-outcome process tracing to show that the initial Bourse Law caused losses to the Imperial government and the large banks; this induced both actors to remove the prohibition of speculation. Because the German Empire can be viewed as a kind of laboratory for (first) treatment effects on financial market regulation of the sovereign debt market, this study contains lessons for understanding the relationship between states and financial markets in general.


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