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The evolution of banking regulation and banking crises are highly intertwined. The post–World War Two period was marked the globalisation of banking and increased banking instability. This initiated a trend towards harmonised frameworks for banking regulation, leading to a common framework for measuring capital adequacy in 1988 (Basel I). The path towards the Basel framework in 1988 was very different in the United States, the United Kingdom, and Switzerland. When statutory capital requirements were introduced in Switzerland in 1935, most banks were indifferent. This indifference changed towards the end of the 1950s, when capital regulation became a bottleneck for growth. The United Kingdom lacked the experience of a solvency crisis during the 1930s, resulting in capital in banking becoming an almost irrelevant topic. It took until the secondary banking crisis in 1973/4 for banks’ regulation to be reconsidered. The United States did experience a deep banking crisis in the 1930s but introduced statutory capital requirements only in the 1980s, following increased domestic banking instability and the threat of potentially high losses from the Latin American debt crisis.
The epilogue covers the development from Basel I to III and reflections on the evolution of capital regulation in the long run. Particular emphasis is given to the divergence of risk-weighted and risk-unweighted capital ratios among large, global banks – most of which have their roots in the nineteenth century. The chapter calls for a fundamental reassessment of banking regulation. From a historical perspective, regulatory frameworks are highly path dependent and seldom fundamentally reconsidered, aiming to increase financial stability. Moreover, once we accept a certain degree of banking instability in modern banking, the focus should be on who covers losses and how significant such losses can potentially be without the involvement of the public.
In discussing Islamic banking and finance (IBF), I first provide a brief overview of its development in Gulf monarchies, before turning to an investigation of particularities of its form and substance. I address a set of issues related to, on the one hand, the adoption, governance and regulation of IBF and on the other hand, the conformity of its practice with its alleged purposes. My aim is to uncover the actual goals of IBF, that has become prominent in the Gulf (and in the global economy) in recent decades. The analysis shows that IBF is a means for regimes to both appease their restive populations and respond positively to the material interests of key segments of society. Thus, ruling priorities related to enrichment and social management cohere; these are the principal purposes, even though ruling elites cloak their intentions in religiosity and ethical commitments. Like the other institutionalized practices discussed in this book, IBF represents the conjoined instrumentalization of (oil) wealth and Islamic doctrine for the sake of social control, and beyond that, the ongoing political domination and material enrichment of the royal family.
This chapter deals with the Single Supervisory Mechanism (SSM), which is designed as a composite structure, where supervisory tasks are carried out by the European Central Bank and national supervisory authorities. Crucially, both supervisors apply the EU as well as national law. That structure muddles the available accountability routes for the individual. The chapter first presents the legal framework and the organisation of the SSM. highlighting a number of accountability distortions problematic for the political equality of citizens. The chapter next focuses on the judicial review concerning the SSM at the EU level, including the jurisprudence of the General Court and the Court of Justice. This analysis is once again conducted in respect of the national level. In both instances, the chapter looks specifically at how courts dealt with questions of access, remedies, and any possible interpretation of the principles of equality and solidarity. The chapter finally reflects upon the role that judicial interactions play in delivering legal accountability within the SSM.
Adam Smith promoted free banking—private, competitive, convertible banknotes. He also supported restrictions on banks. We study Smith’s views and the era in which they developed, suggesting his ‘regulations’ were a backstop against banks’ risks to depositors but primarily monetary stability. In modern parlance, Smith supported macroprudential regulations to underpin monetary stability, as did Friedman and Schwartz the US FDIC. We discuss why Smith’s vision for banking went unrealised. Bank regulation became microprudential and ran aground in 2008/2009. The prominence of macroprudential regulation now provides a chance to reorientate regulation to support monetary stability. Early signs are not promising.
This article examines debates over banking regulation in Germany that culminated in the 1934 Reich Banking Law. Existing accounts have traced its origins to the 1931 banking crisis or the 1933 Nazi seizure of power. Yet, rather than the outcome of a single financial or political crisis, banking regulation was the product of longer-term discussions on national security, legal rationale, and financial globalization. Prior to World War I, officials expressed concerns over Germany's dependence on foreign capital, while later efforts to improve liquidity in the banking sector continued in the 1920s. The construction of a regulatory policy thus arose from a series of investigations into how to protect the German economy from foreign crises, thereby reflecting the interdependence of politics and finance.
This chapter describes the international and domestic backgrounds related to the regulations and practices of bankers’ remuneration in the UK and China. It provides an overview of the bank failures in the UK during the GFC and the practice of bankers’ remuneration incentives, which was a significant contributing factor to these bank failures. It also summarises the evolution and development of the modern banking system in China and the transitional reform of corporate governance and remuneration incentives in Chinese banks. Based on these backgrounds, this chapter highlights the rationales for the regulations of bankers’ remuneration in the UK and China respectively.
This book investigates the pre-crisis practice of bankers' remuneration in the UK to provide evidence of the problems in practice. It critically analyses the regulatory initiatives implemented after the crisis and investigates the post-crisis practice to reflect the effects and problems of the regulation. The book also discusses the traditional administration of remuneration and political incentives in Chinese banks and the regulatory initiatives for reforming bankers' remuneration. It investigates the recent practices in major Chinese banks to reveal the problems of the regulatory initiatives and the impact of political incentives. It will help academics, researchers, students and practitioners develop a comprehensive understanding of the ongoing reform of bankers' remuneration in the UK and the uniqueness of banks' remuneration systems and incentive mechanisms in China. Furthermore, it provides theoretical insights into the differences between the two jurisdictions in their regulations and practices and the deep-seated reasons for the differences.
Choosing the optimum supervisory model to manage financial stability requires a consideration of country-specific preferences based on the level of market development and the configuration of the financial system. The choice of model, its structural design, and the regulatory mandates will influence a supervisor’s effectiveness for managing financial stability. This Chapter analyzes the sectoral models in Mainland China, the United States, and Hong Kong to showcase institutional design elements and variations across different financial systems. The chapter assesses the advantages and disadvantages of the unified central bank and banking supervisory design of the Hong Kong Monetary Authority. Understanding how monetary policies affect banking institutions can be critical for maintaining banking sector stability. A unified structure creates a supervisory synergy when calibrating the lender of last resort and unconventional liquidity tools because coordination tensions are eliminated. The Hong Kong Monetary Authority is compromised because of the Linked Exchange Rate System and the Interest Rate Adjustment Mechanism inhibits its ability to set and control interest rates which can destabilize the banking sector.
Recent developments in the international banking system, especially the 2007–9 crisis and subsequent wave of postcrisis regulation, have drawn increasing attention to the structural power of banks and banking systems. States need a functioning financial system to ensure the overall health of their economies, so states must shape policy to protect their financial firms. National financial systems may be dominated either by banks or by capital markets. In states where banks dominate provision of capital, states must shape policy to protect their banks because of their structural importance, independent of any lobbying or other direct action on the part of banks to exercise instrumental power. The entangling of structural and instrumental power means studying differences in structural power requires either careful case-study work or cross-national comparison of responses to a common shock. The implementation of the 2011 Basel III Accords provides just such an opportunity. This article offers a quantitative analysis of a new dataset of implementation of Basel III components in the Basel Committee on Banking Stability member states from 2011 to 2019 and demonstrates the structural power of banks in bank-based systems to accelerate implementation of favorable policies and slow implementation of unfavorable ones.
Chapter 4 unpacks and illustrates the idea of the sovereignty cartel. It looks at some of the individual-level practices through which the sovereignty cartel is reconstituted in the daily conduct of international politics. The chapter makes the connection between sovereignty as an abstract concept and the actual people who act on the international stage in the name of that concept. It complicates the idea of property rights by discussing the responsibilities that are often part and parcel of rights. These property rights include responsibilities to other sovereigns, but also include responsibilities to the citizenries in whose name states rule. In addition, the chapter provides examples of the sovereignty cartel in action, drawn from a variety of issues, including multilateral participation, human rights, and the governance of the global commons. These all show ways in which sovereign right involves specific and historically contingent claims by states, and requires of those states specific behaviors, rather than being a generic claim that can be understood and studied out of context.
More than ten years after the financial crisis, the challenges of European banking and of the eurozone highlight that the existence of a European common market in banking is at best partial. Examining how British and French commercial banks and banking associations responded to the plans for a European common market in banking between 1977 and 1992, this article contributes to explaining this partial character, and highlights that this project was primarily political. This challenges the widely held view that large companies tended to push for more integration. This article shows that until the mid-1980s, the banking sector was not necessarily calling for European financial integration in the form of a common market in banking for at least three reasons: they doubted the usefulness of such a move, they feared an increase in regulation, and they focused more on domestic or global matters than on European ones.
This chapter discusses the contribution of BIS research to the shift in the way financial stability issues have been looked at before and after the great financial crisis of 2007–9. It also considers the policy implications for the post-crisis reforms. The 1997–8 Asian crisis was an important turning point, focusing BIS research on the endogenous causes of financial instability and thus on the resilience and the risks of the financial system as a whole. From the late 1990s, the BIS started advocating a macroprudential approach to financial stability, including the adoption of countercyclical macroprudential policies. These ideas, while being shared by some academics and central banks, were largely ignored in policy circles, including in the Basel Committee on Banking Supervision. The chapter argues that the great financial crisis of 2007–9 catapulted these same ideas to the top of the reform agenda. Work done previously by the BIS and others, i.a. on the issue of countercyclical capital buffers, could be leveraged and find its way on the reform agenda pushed by the Financial Stability Board and the G20. The ‘measured contrarianism‘ of the BIS in this area thus added real value.
This article contributes to our understanding of how and why developing countries would comply with international banking regulatory standards, Basel standards. The article demonstrates the interplay between opportunity structures constituted by transnationalization of public policymaking and domestic institutional setting, and how forces of compliance resonate in the domestic politics of compliance. The empirical findings are based on Turkey's compliance with Basel standards. It relies on fieldwork that involves semi-structured qualitative interviews with senior regulators and bankers, which are complemented with analysis of secondary data. The article shows that a capable and willing regulator could capitalize on the top-down policymaking style which restricts the regulatee's access to international negotiations, and sets the terms at the domestic level. Direct access to international negotiations, resource asymmetry in favor of the regulator, and superior “negotiation knowledge” helped the regulator pacify a critical, skeptical regulatee, and drive the compliance process. The article also shows that the compliance process takes place at three stages: policy formulation at the international level, an “interpretation stage” in between the international and the domestic levels, and finally the domestic policy process.
The global banking system can be shown to be a Complex Adaptive System that exhibits phase transitions from time to time. These phase transitions can result in significant financial losses to the community that we estimate to be much more significant than losses occurring during “business as usual” periods. In this paper, we argue that the significant losses arising from phase transitions in the banking system requires a very different approach to regulation than the current Basel regime, and that there is a need to transition the Basel regime from a Federation of Systems to a System of Systems. We demonstrate that the World Health Organisation’s recent management system for pandemics is ideally suited for management of the global banking system and would have greater potential to control the phase transition losses than the current Basel system.
The modernization of the banking sector, and particularly the big four state owned commercial banks, has a top priority on the Chinese reform agenda. Three of the four state banks found foreign strategic investors as minority shareholders and domestic banks now face more competition from global players since the country's WTO commitments came fully into effect at the end of 2006. A comprehensive approach to reform aims at pushing China's state banks into the league of global leading financial institutions within a few years time. But is this aim feasible despite prevalent state dominance? To shed light on the role and impact of the state in promoting sound risk management practices this paper focuses on the political economy of law implementation. Two main conclusions are drawn: (1) the direction of action is significantly different from reform outcomes due to weak incentives to enforce respective policies and as a consequence non-performing loan accumulation continues; and (2) on a more general level banking regulation in China illustrates that a normative approach based on international best practice is insufficient to address the issue of financial stability in many emerging and developing countries because it neglects the role of the institutional embeddedness of banking reform.
Capital regulation is critical to address distortions and externalities from intense conflicts of interest in banking and from the failure of markets to counter incentives for recklessness. The approaches to capital regulation in Basel III and related proposals are based on flawed analyses of the relevant tradeoffs. The flaws in the regulations include dangerously low equity levels, a complex and problematic system of risk weights that exacerbates systemic risk and adds distortions, and unnecessary reliance on poor equity substitutes. The underlying problem is a breakdown of governance and lack of accountability to the public throughout the system, including policymakers and economists.
The governance of finance is replete with challenges as evidenced by the frequent financial crises that have accompanied the growth and development of financial markets. Every crisis can be taken as a symptom of governance failure. The immediate reaction tends to be an attempt to fix the problems that gave rise to the most recent crisis. By definition, such a regulatory approach lags behind actual developments on the financial marketplace, thereby inadvertently sowing the seeds for the next governance failure. A similar lag effect can be observed in current attempts to repair the governance of global finance. This paper argues that reform proposals currently under discussion fail to take into account important changes in the organisation of global financial relations between financial intermediaries, their home governments and sovereign wealth funds (SWFs). They challenge the basic principles that inform conventional regulatory regimes: a clear distinction between public vs. private; regulation vs. firm-level governance; and stakeholding vs. supervision. The paper discusses alternative modes of governance that have emerged during the crisis and are complementing for, if not substituting, more conventional forms of governance.
The ongoing financial turmoil has brought into sharp relief the importance of financial services regulation. Yet, we still know relatively little about how financial regulation is negotiated within the EU, in particular which policy actors are most influential and what are the mechanisms that allow them to exercise influence. This paper addresses these questions using Social Network Analysis (SNA), focusing on the banking regulation network and one core piece of legislation: the Capital Requirements Directive (CRD). Of particular interest is the flow of influence among the key actors. Triangulating an in-depth case study with qualitative interview data and social network analysis, this work investigates a number of hypotheses, associating brokerage roles and extroversion with relative influence in the policy making process. We find that influential actors are those that hold key structural positions in this network and by implication appear to have a better understanding of network topography.
This paper examines the question to what extent premia for macroeconomic risks in banking are sufficient to avoid banking crises. We investigate a competitive banking system embedded in an overlapping-generations model subject to repeated macroeconomic shocks. We show that even if banks fully incorporate macroeconomic risks into their pricing of loans, a banking system may enter bankruptcy with probability one. A major cause for this default is that risk premia of a competitive banking system may become too small if the capital base is low.