Towards a New Leadership in Global Investment Governance?
Edited by Julien Chaisse
Chapter 9: Emerging regulatory issues for financial services in the new generation of FTAs
Financial services are key components of modern Free Trade Agreements (FTAs). More than any other sectors, finance has undergone a process of regulatory and structural change over the last ten years. New methods of financial intermediation have emerged, and new regulatory instruments have been adopted to address the regulatory loopholes evidenced by the recent global financial crises. The regulatory framework applicable to trade in financial services in FTAs has largely remained the same. However, the increase use of investment chapters in FTAs is changing the way financial services will be treated in the near future. Investment law brings a completely new dimension to the regulation of financial services, as its discipline is much more likely to impact on the way finance is regulated in domestic law. This chapter examines three issues that are particularly revealing of this trend: the restructuring of sovereign debt securities; the resolution of a cross-border financial institution; and the use of international courts to challenge a domestic supervisory decision.
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