Voluntary Disruptions

Author(s):  
Abraham L. Newman ◽  
Elliot Posner

From home mortgages to iPhones, basic elements of our daily lives depend on international markets. The astonishing complexity of these exchanges may seem ungoverned. Yet the global economy remains deeply bound by rules. Far from the staid world of treaties and state-to-state diplomacy, governance increasingly relies on a different class of international market regulation—soft law—composed of voluntary standards, best practices, and recommended guidance created by a motley assortment of organizations. Voluntary Disruptions argues that international soft law is deeply political, shaping the winners and losers of globalization. Some observers focus on soft law’s potential to solve problems and coordinate market participants. Voluntary Disruptions widens the discussion, shifting attention to the ways soft law provides new political resources to some groups while not to others and alters the sites of contestation and the actors who participate in them. Highlighting two mechanisms—legitimacy claims and arena expansion—the book explains how soft law, typically viewed as limited by its voluntary nature, disrupts and transforms the politics of economic governance. Using financial regulation as its laboratory, Voluntary Disruptions explains the remarkable pre-crisis alignment of US and European approaches to governing markets, the rise and prominence of transnational industry associations in the 1990s and 2000s, and the ambivalence of US reforms toward international market cooperation in the wake of the 2008 financial crisis. Rethinking scholarly and policy approaches to international soft law, Voluntary Disruptions answers enduring and pressing questions about global finance, international relations, and power.

Author(s):  
Abraham L. Newman ◽  
Elliot Posner

Chapter 1 gives an overview of the book and summarizes its key argument. From finance to the environment, economic governance at the global level increasingly takes place through voluntary standards, principles, best practices, and guidance, created in transnational forums and labeled international soft law. The proliferation of international soft law has received relatively little scholarly attention despite widespread recognition of its importance. What does soft law do? Going beyond standard answers about soft law’s ability to solve problems, the book’s central argument emphasizes second-order (that is, temporal) political and distributive effects. In doing so, the book resolves real-world questions about the politics of financial regulation, and offers theoretical contributions to scholars of international law, international relations, and sociology. The Introduction ends with chapter summaries of the book.


2013 ◽  
Vol 11 (1) ◽  
pp. 155-166 ◽  
Author(s):  
Daniel W. Drezner ◽  
Kathleen R. McNamara

The 2008 financial crisis triggered the most severe global economic downturn since the Great Depression. The crisis has provoked soul-searching among economists, yet international political economy (IPE) scholars have been relatively sanguine. We argue that IPE has strayed too far away from studying the geopolitical and systemic causes and consequences of the global economy. IPE must explain the generation and transformation ofglobal financial orders.Both the distribution of political power and the content of economic ideas will shape any emergent global financial order. A Kuhnianlife-cycle frameworkof global financial orders permits a systemic approach to global finance that integrates the study of power and social logics into our understanding of markets.


2006 ◽  
Vol 39 (1) ◽  
pp. 223-225
Author(s):  
Mark Crawford

Hard Choices, Soft Law: Voluntary Standards in Global Trade, Environment and Social Governance, John J. Kirton and Michael Trebilcock, eds., Global Environmental Governance Series; Aldergate: Ashgate Publishing Limited, 2004, pp. xviii, 372.This book sheds considerable light on the new forms of “soft law” governance (voluntary standards and informal institutions) that are emerging out of the confluence of rationally calculated interests, intersubjectively shared norms, and entrenched structures of power in the global economy. It benefits greatly from the analytical framework and meticulous exposition provided by the editors, John Kirton and Michael Trebilcock, whose introductory chapter repays close reading. The remaining chapters of the book are grouped in four sections.


Author(s):  
Abraham L. Newman ◽  
Elliot Posner

Chapter 5 shifts the focus from soft law’s effects on great powers to its impact on influential business groups. It argues that by expanding arenas of contestation to the transnational level, soft law transforms business representation as well as individual industry associations. The chapter’s empirical focus is on banking regulation from the 1980s to the 2000s. Much of the literature on transnational banking standards centers on the role of industry associations and, in particular, on the Institute of International Finance. In this chapter, the authors explain the rise of direct industry participation in and influence over Basel-based standard setting. They show that the orientation and priorities of the IIF as well as its membership and internal structure were deeply conditioned by 1980s international soft law. The IIF’s transformation subsequently set off a series of changes to the ecology of financial industry associations and the politics of financial regulation.


2021 ◽  
Vol 23 (Summer 2021) ◽  
pp. 117-140
Author(s):  
Bora Bayraktar

The COVID-19 outbreak has had a huge impact on the global economy and politics. Closures and lockdowns stopped international trade resulting in an economic slowdown. It has changed the daily lives of people and the way business takes place. Politics has also been affected by the pandemic. Discussions about the changing world order have gained a new dimension and momentum. In this article, the impact of the COVID-19 pandemic in international relations is analyzed. Has COVID-19 triggered a change in the world order? If it has, what are the nature, scope, and content of this change? As a rising regional power in the Eastern Mediterranean region, how has Turkey been affected by this, and how did it respond to the changing situation? Signs of deteriorating world order, declining U.S. leadership, escalating geopolitical competition amongst global powers were in the air before the pandemic. Turkey’s adaptation to this new world order pre-dates the pandemic, when it changed its political system, and invested in its security and cohesion.


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.


2015 ◽  
Vol 11 (2) ◽  
pp. 137-155 ◽  
Author(s):  
Melissa Fisher

Purpose – This paper aims to, by drawing on two decades of field work on Wall Street, explore the recent evolution in the gendering of Wall Street, as well as the potential effects – including the reproduction of financiers’ power – of that evolution. The 2008 financial crisis was depicted in strikingly gendered terms – with many commentators articulating a divide between masculine, greedy, risk-taking behavior and feminine, conservative, risk-averse approaches for healing the crisis. For a time, academics, journalists and women on Wall Street appeared to be in agreement in identifying women’s feminine styles as uniquely suited to lead – even repair – the economic debacle. Design/methodology/approach – The article is based on historical research, in-depth interviews and fieldwork with the first generation of Wall Street women from the 1970s up until 2013. Findings – In this article, it is argued that the preoccupation in feminine styles of leadership in finance primarily reproduces the power of white global financial elites rather than changes the culture of Wall Street or breaks down existent structures of power and inequality. Research limitations/implications – The research focuses primarily on the ways American global financial elites maintain power, and does not examine the ways in which the power of other international elites working in finance is reproduced in a similar or different manner. Practical implications – The findings of the article provide practical implications for understanding the gendering of financial policy making and how that gendering maintains or reproduces the economic system. Social implications – The paper provides an understanding of how the gendered rhertoric of the financial crisis maintains not only the economic power of global financial elites in finance but also their social and cultural power. Originality/value – The paper is based on original, unique, historical ethnographic research on the first generation of women on Wall Street.


2017 ◽  
Vol 19 (2) ◽  
pp. 267-297 ◽  
Author(s):  
William Kindred Winecoff

AbstractPredominant models of financial regulation based on representative agents—in both the public interest and public choice traditions—assume that competitive pressures in financial markets undermine prudential behavior by firms in the absence of regulation. One empirical expectation of these models is behavioral: firms should adjust their risk-taking behaviors in response to the regulatory environment they face but should not over-comply with regulations. That is, the central tendency of bank behaviors should hew closely to regulatory minima and the variance should be small. I first demonstrate that this expectation is not borne out by the empirical record and then advance a theoretical argument that does not rely on a representative agent model. I argue that firms face a range of incentives from markets and governments that condition their risk-taking behaviors, and firms choose a “preferred habitat” within a market structure. Some of these incentives are towards greater risk-taking, while others are in the direction of greater prudence. This framework provides opportunities for examining financial market actors in a realistic context, and offers ways to unify micro-level and structural analyses of the political economy of global finance.


2020 ◽  
Vol 6 (2) ◽  
pp. 172-203
Author(s):  
Dirk A Zetzsche ◽  
Douglas W Arner ◽  
Ross P Buckley

ABSTRACT DeFi (‘decentralized finance’) has joined FinTech (‘financial technology’), RegTech (‘regulatory technology’), cryptocurrencies, and digital assets as one of the most discussed emerging technological evolutions in global finance. Yet little is really understood about its meaning, legal implications, and policy consequences. In this article we introduce DeFi, put DeFi in the context of the traditional financial economy, connect DeFi to open banking, and end with some policy considerations. We suggest that decentralization has the potential to undermine traditional forms of accountability and erode the effectiveness of traditional financial regulation and enforcement. At the same time, we find that where parts of the financial services value chain are decentralized, there will be a reconcentration in a different (but possibly less regulated, less visible, and less transparent) part of the value chain. DeFi regulation could, and should, focus on this reconcentrated portion of the value chain to ensure effective oversight and risk control. Rather than eliminating the need for regulation, in fact DeFi requires regulation in order to achieve its core objective of decentralization. Furthermore, DeFi potentially offers an opportunity for the development of an entirely new way to design regulation: the idea of ‘embedded regulation’. Regulatory approaches could be built into the design of DeFi, thus potentially decentralizing both finance and its regulation, in the ultimate expression of RegTech.


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