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Who governs finance? The shifting public-private divide in the regulation of derivatives, rating agencies and hedge funds

Pagliari, S. (2012). Who governs finance? The shifting public-private divide in the regulation of derivatives, rating agencies and hedge funds. European Law Journal, 18(1), pp. 44-61. doi: 10.1111/j.1468-0386.2011.00585.x

Abstract

The division of responsibilities in the regulation and supervision of financial markets between ‘public’ regulatory agencies and ‘private’ market actors is not fixed, but it has radically changed across time. This paper argues that the financial crisis of 2007-09 has triggered the latest turn in the ‘public-private’ divide in the regulation of finance. Focusing in particular on the extensive reforms that have been introduced internationally in the regulation of OTC derivatives, credit rating agencies, and hedge funds, this paper argues that the response to the financial crisis has brought to a halt the reliance on self-regulation and market discipline as primary regulatory mechanisms that had characterized the approach of regulators prior to the crisis. However, while public regulatory agencies have consolidated in their hands the authority to regulate and oversee markets previously left outside their regulatory oversight, the content and the purpose of their regulatory intervention continue to present significant element of continuity with the pre-crisis regulatory paradigm.

Publication Type: Article
Additional Information: This is the pre-peer reviewed version of the following article: Pagliari, S. (2012), Who Governs Finance? The Shifting Public–Private Divide in the Regulation of Derivatives, Rating Agencies and Hedge Funds. European Law Journal, 18: 44–61. doi: 10.1111/j.1468-0386.2011.00585.x, which has been published in final form at [http://onlinelibrary.wiley.com/doi/10.1111/j.1468-0386.2011.00585.x]
Subjects: H Social Sciences > HG Finance
J Political Science > JZ International relations
Departments: School of Arts & Social Sciences > International Politics
URI: http://openaccess.city.ac.uk/id/eprint/2574
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