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Global Governance of Financial SystemsThe International Regulation of Systemic Risk$
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Kern Alexander, Rahul Dhumale, and John Eatwell

Print publication date: 2005

Print ISBN-13: 9780195166989

Published to Oxford Scholarship Online: September 2007

DOI: 10.1093/acprof:oso/9780195166989.001.0001

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International Soft Law and the Formation of Binding International Financial Regulation

International Soft Law and the Formation of Binding International Financial Regulation

Chapter:
(p.134) 4 International Soft Law and the Formation of Binding International Financial Regulation
Source:
Global Governance of Financial Systems
Author(s):

Kern Alexander (Contributor Webpage)

Rahul Dhumale

John Eatwell (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195166989.003.0006

This chapter examines the theoretical framework of international soft law and how it embraces both legally nonbinding and binding rules and standards of international financial regulation. International soft law is defined as legally nonbinding standards, principles, and rules that influence and shape state behavior but do not fit into the traditional categories of public international law of legally binding general custom of states and bilateral or multilateral treaties. It is argued that international soft law in its various dimensions can contribute to an understanding of the development of legally relevant international financial norms and how they govern state regulatory practice.

Keywords:   international soft law, international banking, banking regulation, Basel Committee, Financial Action Task Force

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