International Financial Law

Abstract

With growing financial globalization, international financial law has increased in significance and profile, especially in the wake of the global financial crisis of 2008 and the ongoing European financial crisis. Globalization of financial markets and the increase in frequency and severity of financial crises have led to evolving change in the realm of international financial law also. International financial law, historically primarily soft law in the form of standards transposed into domestic law, rules, and regulations, is most especially facing challenges in the wake of recent crises with calls and efforts to both reform its content and enhance its structure. This development, however, constitutes an ongoing debate and one that is particularly challenging because of issues relating to sovereignty, enforcement of decisions, fairness, and effectiveness. The debate overlaps with, and has significant potential implications for, both public international law and municipal law. Given its frequently nontraditional nature, international financial law can be compared and contrasted with monetary law and trade law, which are comparatively more traditional in their degree of legalization.