Reconciling Liberalized Trade in Financial Services and Domestic Regulation

2009 ◽  
pp. 425-442
Author(s):  
Christine Kaufmann ◽  
Rolf H. Weber
Keyword(s):  
Financial Services ◽  
Domestic Regulation

The GATS and Financial Regulation: Time to Clear-House?

2019 ◽  
Vol 19 (3) ◽  
pp. 379-401 ◽  
Author(s):  
George A. Papaconstantinou
Keyword(s):  
Financial Services ◽  
Financial Regulation ◽  
Global Financial Crisis ◽  
Trade Law ◽  
International Economic Law ◽  
The Stability ◽  
Domestic Regulation ◽  
First Time ◽  
The Eu

AbstractIn the aftermath of the 2008 global financial crisis, European Union regulators introduced the mechanism of ‘third-country equivalence’ for non-European financial institutions to access the EU internal market. This article evaluates for the first time the GATS-consistency of the European rules on third-country clearinghouses. Through this exercise, the article sheds light on the tension between financial regulation and WTO law, exploring how these two different disciplines can be reconciled. Building on the international economic law principles of non-discrimination and transparency, the analysis reveals that the European financial regulation could negatively impact the access of smaller countries to the EU market. The regulation in question is assessed under the GATS Article VI (Domestic Regulation), Article II (MFN), Article VII (Recognition), and the Annex on Financial Services prudential carve-out. The findings of the European case study indicate that the vast flexibility that trade law has delegated to national regulators possibly has adverse effects on the liberalization of financial services. The article concludes that if WTO Members do not derogate from their GATS obligations and commitments, the stability of the financial system would not be jeopardized, while the prospect of international integration would be increased.

EU membership, financial services and stability

2016 ◽  
Vol 236 ◽  
pp. 31-38 ◽  
Author(s):  
Angus Armstrong
Keyword(s):  
Financial Services ◽  
Direct Access ◽  
Global Finance ◽  
Eu Membership ◽  
Legal Enforcement ◽  
Bank Of England ◽  
Financial Infrastructure ◽  
The Uk ◽  
Domestic Regulation ◽  
The Eu

This paper examines whether EU membership enhances or diminishes the UK's financial sector stability, and therefore its prominence in global finance. The UK is host to the largest share of financial services in the EU, despite being outside of the Eurozone. An important reason is that, as a member of the EU, the UK has direct access to the Eurozone's financial infrastructure. If the UK leaves the EU (and EEA) banks and other financial services firms may continue to have access to the Single Market, but they are unlikely to have direct access to the Eurozone's infrastructure. Banks in the UK will no longer be direct members the Eurozone's payments system. The swap arrangement between the European Central Bank and Bank of England would have no legal enforcement mechanism. Resolution of cross-border banks would be more challenging with less incentive for a cooperative outcome. While some may welcome the reduced size of the financial system, not without reason, this could be achieved more effectively with domestic regulation than by leaving the EU. Given the uncertainty that would follow a vote to leave, there is a risk of capital flight.

CETA, TTIP, TiSA, and Financial Services

2017 ◽  
Author(s):  
Christoph Ohler
Keyword(s):  
Financial Services ◽  
Bilateral Trade ◽  
Market Access ◽  
Services Sector ◽  
Financial Services Sector ◽  
Regulation And Supervision ◽  
Regulatory Systems ◽  
Domestic Regulation ◽  
Time Subject ◽  
The Eu

Financial services are considered as an economic sector that is particularly suited for trade liberalization. While many countries opened their markets considerably, financial institutions are at the same time subject to strict domestic regulation and supervision. They lead to financial and organizational burdens for service suppliers which may have an effect similar to trade barriers. However, traditional market access obligations do not apply to these national or, in the case of the EU, supranational regulatory systems. In addition, the GATS as well as bilateral trade agreements contain so-called prudential carve-out provisions. As a consequence, any international attempt for further liberalization in the financial services sector will be limited in its effect as long as regulatory issues are not integrated in these negotiations.

Zwischenruf aus der Branche: Die digitale Transformation: eine Investitionsherausforderung

2020 ◽  
Vol 25 (06) ◽  
pp. 44-44
Author(s):  
Kai-Otto Landwehr
Keyword(s):  
Financial Services ◽  
Digitale Transformation ◽  
Commercial Finance

Der globale Anstieg von chronischen Erkrankungen setzt Krankenhäuser unter Druck. Die digitale Transformation trägt zur Entlastung bei, denn sie schafft ‚smarte‘, also intelligente Krankenhäuser. Es gibt sie jedoch nicht umsonst. Woher das Geld dafür nehmen und nicht stehlen? Kai-Otto Landwehr, Leiter des Commercial-Finance-Geschäfts von Siemens Financial Services (SFS), weiß Rat.

Mekanisme Dan Proteksi Jaminan Nasabah Pada Gadai Informal

Liquidity ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 103-109
Author(s):  
Yuri Nanda Larasati ◽  
Jafril Khalil
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Financial Services ◽  
Field Data ◽  
Qualitative Research Methods ◽  
Research Field ◽  
Consumer Society ◽  
Library Research ◽  
The Cost

Regulation of the financial services authority (OJK) No. 31/POJK.05/2016 on Venture had arranged that the financial services agency on the basis of the law of pledge is in coaching and supervision OJK. Yet the existence of laws – invitation to Governing Enterprise pawn shops causing business activities conducted by the above parties are not yet regulated. The condition is feared could cause harm to the consumer society. The purpose of this research is to know the procedures, mechanisms, protection of goods and guarantee the consumer on an informal pledge financing, methods of determination of the cost of maintenance of the goods and the goods of the execution mechanism of the pledge as well as protection for the collateral items are viewed from the side of the consumer by looking at laws-invitations and Sharia. To find out whether the pledge have gotten permission from OJK. This research uses qualitative research methods with the study of library research, field data and simulations. The approach used in this study is the empirical juridical approach. Elaboration upon the results is discussed further in this article.

The Systemic Effects of Prudential Regulation Toughening:The Results of a Stress-test for Russian Banks

2012 ◽  
pp. 4-31 ◽  
Author(s):  
M. Mamonov ◽  
A. Pestova ◽  
O. Solntsev
Keyword(s):  
Financial Services ◽  
Banking Sector ◽  
Stress Test ◽  
Credit Market ◽  
Capital Adequacy ◽  
Government Support ◽  
Government Ownership ◽  
Prudential Regulation ◽  
The Government ◽  
The Stability

The stability of Russian banking sector is threatened by three negative tendencies - overheating of the credit market, significant decrease of banks capital adequacy ratios, and growing problems associated with banks lending to affiliated non-financial corporations. The co-existence of these processes reflects the crisis of the model of private investments in Russian banking sector, which was observed during the last 20 years. This paper analyzes the measures of the Bank of Russia undertaken to maintain the stability of the banking sector using the methodology of credit risk stress-testing. Based on this methodology we conclude that the Bank of Russias actions can prevent the overheating of the credit market, but they can also lead to undesirable effects: further expansion of the government ownership in Russian banking sector and substitution of domestic credit supply by cross-border corporate borrowings. The later weakens the competitive positions of Russian banks. We propose a set of measures to harmonize the prudential regulation of banks. Our suggestions rely on design and further implementation of the programs aimed at developing new markets for financial services provided by Russian banks to their corporate and retail customers. The estimated effects of proposed policy measures are both the increase in profitability and capitalization of Russian banks and the decrease of banks demand for government support.

Modernization of Antimonopoly Policy in Russia (Economic Analysis of Proposed Changes in the Competition Law)

2005 ◽  
pp. 100-116
Author(s):  
S. Avdasheva ◽  
A. Shastitko
Keyword(s):  
Economic Analysis ◽  
Financial Markets ◽  
Financial Services ◽  
Competition Law ◽  
Commodity Markets ◽  
State Aid ◽  
Executive Power ◽  
Rule Of Reason ◽  
Per Se

The article is devoted to the analysis of the draft law "On Protection of Competition", which must substitute the laws "On Competition and Limitation of Monopolistic Activity on Commodity Markets" and "On Protection of Competition on the Financial Services Market". The innovations enhancing the quality of Russian competition law and new norms providing at least ambiguous effects on antimonopoly regulation are considered. The first group of positive measures includes unification of competition norms for commodity and financial markets, changes of criteria and the scale of control of economic concentrations, specification of conditions, where norms are applied "per se" and according to the "rule of reason", introduction of rules that can prevent the restriction of competition by the executive power. The interpretation of the "collective dominance" concept and certain rules devoted to antimonopoly control of state aid are in the second group of questionable steps.

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