cambridge international symposium on economic crime August 31, 2014Posted by Bradley in : events , add a comment
sovereign debt, banks etc February 5, 2013Posted by Bradley in : events , add a comment
I am going to the Texas International Law Journal symposium on The Nation State and its Banks this week. I’ll be talking about this early draft paper: Breaking Up is Hard to Do: The Interconnection Problem in Financial Markets and Financial Regulation, A European (Banking) Union Perspective.events , add a comment
This week I am going to New Orleans for the International Association of Legal Methodology / Association Internationale de Méthodologie Juridique XIIth Congress / XIIème Congrès – 1-2 November 2012 / 1er et 2 Novembre 2012 which is focusing on the topic Transparency, A Governance Principle. I am going to be presenting a paper with the title Open Government, Transparency and Financial Regulation. Here is the abstract:
Governments and transnational standard-setters emphasize the importance of open government and transparency, and use consultation exercises to take account of the views of people and firms they characterize as stakeholders. But, although the stakeholder concept is intended to be inclusive, it necessarily excludes some members of the world’s population. Accountability to stakeholders is necessarily a limited form of accountability. Two characteristics of financial regulation interfere with the attainment of open government and transparency in this field. First, financial regulation is complex. Second, those who claim to, and do, understand the complexities of financial regulation are experts, rather than non-expert citizens.
The construction of the concept of the stakeholder in consultations is critical. Requests for comment and consultation documents frequently identify specific categories of stakeholder who may be affected by or interested in the questions raised by the consultation. Response forms and/or consultation documents may invite or require respondents to categorize themselves. But consultation documents and questionnaires do not explicitly address the issue of how they define, or why they do not define, the relevant stakeholders for a particular set of issues. This lack of explanation of definition constitutes a core lack of transparency in the consultation process.
remembering andrew August 21, 2012Posted by Bradley in : events , add a comment
20 years ago this week. What a welcome to South Florida!
international widows’ day June 23, 2012Posted by Bradley in : events , add a comment
June 23 was designated international widows day in 2010 by the UN General Assembly. It has also been designated United Nations Public Service Day (in 2002).
law and society conference June 3, 2012Posted by Bradley in : events , add a comment
This week I will be at the Law and Society conference. I’ll be talking about a paper with the title Coercive Peer Review in Transnational Financial Regulation: Comparative Law and Compliance as part of a panel on financial regulation. Here is the (June 2012 version).
Here’s the brief version:
The paper examines the development of peer review as a component of the transnational standard setting process, with a particular focus on the financial crisis-related peer review processes which have been established by the G20 and the Financial Stability Board (FSB). The FSB peer review documents, the paper argues, focus mostly on the formal characteristics of the subject states’ regulatory regimes, and to rely to a large extent on the statements made by the subject states themselves. Apart from such statements the reviews are based on old data produced through the IMF-World Bank FSAP process. But the FSB’s documents suggest — although they do not show — that the real significance of its peer review processes may be in the developing dialog between the states involved in these processes. In addition the paper argues that the cumulative impact of the IMF and World Bank’s Financial Sector Assessment Program (FSAP) and the FSB’s peer reviews is to change the characteristics of the transnational standards developed by the Basel Committee on Banking Supervision (Basel Committee), the International Organisation of Securities Commissions (IOSCO) and the International Association of Insurance Supervisors (IAIS). Standards which are frequently drafted in vague language and which seem to leave significant discretion to implementing states to decide on the details of implementation are converted through the FSAP and peer review processes into less vague standards with less scope for discretion in implementation. If the FSAP and peer review processes were truly processes of consensus among peers this might not be significant, but peer reviews among the G20 countries are intended as a basis for pressuring non-G20 countries to conform their financial regulatory systems to the international standards, and thus the peer review system raises concerns about the legitimacy of the international standards process.
wendy grossman on we robot April 24, 2012Posted by Bradley in : events , add a comment
Here. Lots to think about. Some videos of the conference are available from discourse.net.
we robot April 20, 2012Posted by Bradley in : events , add a comment
The We Robot conference is happening here this weekend. Looks interesting (here is the program), and there’s to be a live video feed.
our worldwide alumni reunion March 22, 2012Posted by Bradley in : events , add a comment
tclp conference on the eu’s sovereign debt crisis February 23, 2012Posted by Bradley in : events , add a comment
Tomorrow I will be in Iowa speaking at the TCLP conference on The European Sovereign Debt Crisis: A Critical Assessment of the Euro and EMU.