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SelectedWorks

2003

Regulation

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Who Is Going To Supervise Europe's Financial Markets, Mads Andenas Jan 2003

Who Is Going To Supervise Europe's Financial Markets, Mads Andenas

Mads Andenas

The article argues that financial market regulation at the national level cannot be effective. Rule-making, supervision and the handling of crises require international and European solutions. In the EU, EMU with its separation of monetary policy and banking regulation, this is particularly striking. Different forms of cooperation will not be sufficient. But financial market regulation is crisis driven, and only a crisis where the national institutions are shown to fail will force the way for a European or international institutional solution, perhaps around the ECB or IMF. The welfare cost of such a crisis will be a high price to …


Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak Jan 2003

Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak

Daphne Richemond-Barak

This Article argues that the ambiguous normative regime currently governing unilateral humanitarian intervention provides an adequate legal framework for such intervention. The Article reviews the arguments typically made in support of a codified, strict normative regime, finding that strict normativity is unlikely to deter human rights violators more effectively than the current framework. In addition, the Article points out that any effort to codify a norm of unilateral humanitarian intervention faces formidable obstacles. Such an effort must overcome the conflict between the traditional doctrine of state sovereignty and emerging principles of human rights, as well as practical difficulties in reaching …