Category Archives: Globalization

“Private International Law-making for the Financial Markets”

When I skived off to Paris, my favorite colleague was kind enough to take over the blog for a week. Now it's her turn to junket off without me, this time to Las Vegas for the 2005 edition of the Law and Society Conference where she will be speaking on a panel about CRN05 Changing Patterns of Regulatory Governance in Financial Services. The panel is first thing tomorrow (Friday) 8:15am – 10:00am, somewhere in the Marriott.

The official title of Caroline Bradley's latest paper is listed as “Private International Law-Making” but truncates the real title, which is “Private International Law-making for the Financial Markets”. Here's the key paragraph from the introduction:

This paper argues that transnational financial transactions create new opportunities for private groups to influence legal and regulatory rules. Internationalization of the financial markets has led to harmonization of financial law. Much harmonization of financial law occurs through processes which are apparently public, state-centred and transparent but in this paper 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.

Meanwhile, I'm in charge of the kids, and the house guests, so blogging may be light.

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