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International Finance Regulation: The Quest for Financial Stability PDF

238 Pages·2014·3.871 MB·English
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International Finance RReegguullaattiioonn Founded in 1807, John Wiley & Sons is the oldest independent publishing com- pany in the United States. With offi ces in North America, Europe, Australia, and Asia, Wiley is globally committed to developing and marketing print and electronic products and services for our customers’ professional and personal knowledge and understanding. The Wiley Finance series contains books written specifi cally for fi nance and investment professionals as well as sophisticated individual investors and their fi nancial advisors. Book topics range from portfolio management to e-commerce, risk management, fi nancial engineering, valuation, and fi nancial instrument analysis, as well as much more. For a list of available titles, visit our web site at www.WileyFinance.com. International Finance RReegguullaattiioonn The Quest for Financial Stability GEORGES UGEUX Cover image: ©iStock.com/barbol88 Cover design: Wiley Copyright © 2014 by Georges Ugeux. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600, or on the Web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, or online at www.wiley.com/go/permissions. Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifi cally disclaim any implied warranties of merchantability or fi tness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor author shall be liable for any loss of profi t or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. For general information on our other products and services or for technical support, please contact our Customer Care Department within the United States at (800) 762-2974, outside the United States at (317) 572-3993 or fax (317) 572-4002. Wiley publishes in a variety of print and electronic formats and by print-on-demand. Some material included with standard print versions of this book may not be included in e-books or in print-on-demand. If this book refers to media such as a CD or DVD that is not included in the version you purchased, you may download this material at http://booksupport.wiley.com. For more information about Wiley products, visit www.wiley.com. Library of Congress Cataloging-in-Publication Data: Ugeux, Georges. International fi nance regulation : the quest for fi nancial stability / Georges Ugeux. pages cm. — (Wiley fi nance) Includes bibliographical references and index. ISBN 978-1-118-82959-2 (Hardcover) — ISBN 978-1-118-82962-2 (ePDF) — ISBN 978-1-118-82961-5 (ePub) 1. International fi nance. 2. International fi nance—Law and legislation. 3. Banks and banking. I. Title. HG3881.U34 2014 332′.042—dc23 2014003248 Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 To Moritz Erhardt—who died of a seizure after 72 hours without sleep in investment banking—as well as those whose personal, professional, and fi nancial well-being has been destroyed by the selfi shness of the leadership of the fi nancial services indust ry. With the hope that this book will contribute to make fi nance a better world. CCoonntteennttss Preface xiii Is Finance in a Stage of Permanent Crisis? xiv Global Markets Are Interconnected xvi Regulating Finance in a World in Crisis xviii A Web of Institutional Complexity xix Will Global Financial Regulation Become Lex America? xx Applying Global Regulatory Convergence xxii Regulator and Regulated: The Infernal Couple xxiii Finance Cannot Be Left Unregulated xxiii Five Years after Lehman, Regulation Could Not Change the Culture xxiv A Culture of Outlaws xxv I Will Never Give Up xxvi Notes xxvii CHAPTER 1 The Multiple Objectives of Financial Regulation 1 Stop (Ab)using Taxpayer Money 2 Protect Retail and Small Investors and Depositors 3 Ensure Transparency of Markets and Institutions 5 Implement a Truly Risk-Adjusted Remuneration System 6 Protect Deposits from Trading 7 Notes 8 CHAPTER 2 A Quarter Century of Banking Crises and the Evolution of Financial Institutions 11 Banking Crises Are Not Exactly a Recent Phenomenon 12 The Two Main Emerging-Market Crises 13 Subprime Crisis 14 Lehman Crisis 16 European Sovereign Debt Crisis 17 vii viii CONTENTS European Banking Crisis 17 LIBOR Manipulation 19 Will the Foreign Exchange Market Be Next? 21 Notes 23 CHAPTER 3 The Lessons of the Recent Financial Crises: The Explosion of Balance Sheets 27 Structural Overbanking of Europe 28 Lack of Transparency of the Derivative Markets 33 Emergence of the Credit Default Swap (CDS) Market 34 The Regulatory Landscape Is Not Global but Largely National 35 Notes 35 CHAPTER 4 Global Financial Regulation: The Institutional Complexities 37 Group of 20 (G20) 39 Financial Stability Board (FSB) 41 Bank for International Settlements (BIS) and the Basel Committee (BCBS) 42 International Monetary Fund (IMF) 43 International Organization of Securities Commissions (IOSCO) 45 International Accounting Standard Board (IASB) 46 International Association of Insurance Supervisors (IAIS) 47 Notes 50 CHAPTER 5 Capital Adequacy, Liquidity, and Leverage Ratios: Sailing toward the Basel III Rules 53 Part I: Capital Adequacy 55 Part II: Liquidity 59 Part III: Leverage 62 Notes 66 CHAPTER 6 Assessing Likely Impacts of Regulation on the Real Economy 69 Notes 73 CHAPTER 7 Regulating the Derivatives Market 75 Origin of the Derivatives Market 77 Size of the Derivatives Markets 78

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