Soft Law as International Financial Regulation Method in the Foreign Financial Law Doctrine

The article deals with the foreign approaches to soft law as a range of non-binding instruments issued by the international financial institutions. Soft-law method is widely recognized and has practical application in all areas of international financial regulation although till now there is no sing...

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Main Author: V. V. Kudryashov
Format: Article
Language:English
Published: Moscow State Institute of International Relations (MGIMO) 2013-06-01
Series:Московский журнал международного права
Subjects:
Online Access:https://www.mjil.ru/jour/article/view/456
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author V. V. Kudryashov
author_facet V. V. Kudryashov
author_sort V. V. Kudryashov
collection DOAJ
description The article deals with the foreign approaches to soft law as a range of non-binding instruments issued by the international financial institutions. Soft-law method is widely recognized and has practical application in all areas of international financial regulation although till now there is no single understanding of this phenomenon both in the Russian and foreign law doctrines. The method is particularly widespread in the international financial sphere where its instruments include various codes of conduct, best practices, key principles, guidelines, recommendations, and instructions known as “international financial standards”. These standards are developed by international financial regulators – the IMF, the Basel Committee on Banking Supervision, IOSCO, FATF, the IASB and others, and its compliance is stimulated and jointly controlled by the IMF and the World Bank. It is concluded that the interaction of hard and soft law is increasingly important in the globalizing world and it is necessary to conceptualize its ambivalent results.
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spelling doaj.art-4d4b567edf744984a04e34ae9a454fa82024-02-29T08:19:28ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932013-06-0102708910.24833/0869-0049-2013-2-70-89402Soft Law as International Financial Regulation Method in the Foreign Financial Law DoctrineV. V. Kudryashov0Financial University under the Government of the Russian FederationThe article deals with the foreign approaches to soft law as a range of non-binding instruments issued by the international financial institutions. Soft-law method is widely recognized and has practical application in all areas of international financial regulation although till now there is no single understanding of this phenomenon both in the Russian and foreign law doctrines. The method is particularly widespread in the international financial sphere where its instruments include various codes of conduct, best practices, key principles, guidelines, recommendations, and instructions known as “international financial standards”. These standards are developed by international financial regulators – the IMF, the Basel Committee on Banking Supervision, IOSCO, FATF, the IASB and others, and its compliance is stimulated and jointly controlled by the IMF and the World Bank. It is concluded that the interaction of hard and soft law is increasingly important in the globalizing world and it is necessary to conceptualize its ambivalent results.https://www.mjil.ru/jour/article/view/456international financial lawfinancial regulationsoft lawfinancial standards
spellingShingle V. V. Kudryashov
Soft Law as International Financial Regulation Method in the Foreign Financial Law Doctrine
Московский журнал международного права
international financial law
financial regulation
soft law
financial standards
title Soft Law as International Financial Regulation Method in the Foreign Financial Law Doctrine
title_full Soft Law as International Financial Regulation Method in the Foreign Financial Law Doctrine
title_fullStr Soft Law as International Financial Regulation Method in the Foreign Financial Law Doctrine
title_full_unstemmed Soft Law as International Financial Regulation Method in the Foreign Financial Law Doctrine
title_short Soft Law as International Financial Regulation Method in the Foreign Financial Law Doctrine
title_sort soft law as international financial regulation method in the foreign financial law doctrine
topic international financial law
financial regulation
soft law
financial standards
url https://www.mjil.ru/jour/article/view/456
work_keys_str_mv AT vvkudryashov softlawasinternationalfinancialregulationmethodintheforeignfinanciallawdoctrine