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Regulating the Invisible: The Case of Over-the-Counter Derivatives

By Colleen M. Baker

Abstract

In this Article, I focus on the regulation of the over-the-counter (OTC) derivative markets. I argue that current reform proposals and draft legislation fall short of constructing the linked domestic and international frameworks needed to successfully regulate the OTC derivative markets. The purpose of my Article is to propose and defend such a framework. Because of the inseparability of the domestic and international aspects of this issue, I argue that in addition to increased prudential supervision and regulation, the regulation of OTC derivative markets requires interwoven domestic and international systems for regulatory cooperation. This recommendation has two parts. First, Congress should create a framework of regulatory cooperation between the SEC and the CFTC through a regulatory joint venture. Second, I argue for an international framework of regulatory cooperation using a system of public-private partnerships to coordinate regulation of OTC derivatives in the global marketplace

Topics: derivative markets, OTC, international regulatory cooperation, SEC, CFTC, regulatory joint venture, over-the counter, ISDA, financial regulation, International Trade Law, Marketing Law
Publisher: NDLScholarship
Year: 2010
OAI identifier: oai:scholarship.law.nd.edu:law_faculty_scholarship-1161
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