The European Union, the USA and International Standard Setting by Regulatory Fora in Finance

Abstract

This research asks why the European Union (EU) ‘uploads’ financial regulation to international regulatory fora in some (few) cases, ‘downloads’ it in (many) other cases or neither. It uses the concept of ‘regulatory capacity’ with reference to the EU and the USA. It argues that the presence (or absence) of robust domestic regulatory templates strengthen (or weaken) the ability of these jurisdictions to shape international standards produced by regulatory fora. Timing is also important in that whichever of the two manages to be out in front and shape international standards in a given sector wins first-mover advantages. The paper considers variations across the main financial services (banking, securities and insurance) as well as over time.