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Frameworks of cooperation: Linked domestic and international approaches to regulation of the over-the-counter derivative markets

Posted on:2011-03-16Degree:Ph.DType:Dissertation
University:University of PennsylvaniaCandidate:Baker, ColleenFull Text:PDF
GTID:1446390002460168Subject:Law
Abstract/Summary:
In this Dissertation, 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 Dissertation 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.
Keywords/Search Tags:Regulation, Derivative, OTC, Cooperation, Domestic and international, Framework
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