Purpose: The aim of the paper is to underline the (hidden) risks posed after the crisis by the exemption of non-financial operators, especially sovereigns, from the regulatory reforms of OTC derivatives undertaken by G20 countries in the absence of accounting data on...

This paper's hypothesis is that the international standard setting bodies (SSBs) could improve the quality of their international standards by incorporating a human rights analysis. It focuses on five SSBs and seven of their international standards and its findings include the following: First,...

From European integration to domestic politics to the development of the global economy, technocracy and private ordering have shaped economic behaviour. Such transformative private-driven forces of economic activity flourished through the promulgation of voluntary standards. In view of the...

Staatliche Banken können eine wichtige Rolle bei der Sicherung der Funktionsfähigkeit von Finanzsystemen und für die gesamtwirtschaftliche Entwicklung spielen. Dies gilt offenbar vor allem dann, wenn die Bankenregulierung schwach ist und Banken nicht ausreichend überwacht werden. Die...

This paper puts into perspective enforcement as conducted by the French Financial Market Authority since its creation in 2003 until 2021 with regards to the current state of the literature on financial crimes. We survey exhaustively the three main channels of action: sanctions, settlements...

This paper discusses the regulatory role of certain international organizations in the financial services sector. The regulatory initiatives of some organizations such as the Bank for International Settlements (BIS) and the International Organization of Securities Commissions (IOSCO) have been...

Civil liability of rating agencies has to strike a balance between over-deterrence and overly lax behavior control. The resulting problems of a capital market freeze and difficulties of proof, as they become apparent in most legal systems and the European Commission's Draft Proposal to amend the...

The Dodd-Frank Act shifted regulatory jurisdiction over “mid-size” investment advisers from the SEC to state-securities regulators. Client complaints against mid-size advisers increased relative to those continuing under SEC oversight by 30%-40% of the unconditional probability. Complaints...

In November 2017, a successorship controversy ensued over the rightful Acting Director of the Consumer Financial Protection Bureau (CFPB or the Bureau) following the resignation of the Bureau's first Senate-confirmed Director. President Donald Trump appointed the Director of Office of Management...