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Original Articles

The European Union as hardening agent: soft law and the diffusion of global financial regulation

Pages 430-452
Published online: 10 Mar 2014
 
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Soft law promulgated by transnational networks is one of the hallmarks of governance in global finance. Standard accounts alternatively view such governance as a fast and flexible solution to transnational problems or weakly institutionalized club standards epiphenomenal to great power interests. We argue that dominant perspectives' view of soft law is misguided, as soft law in global finance cannot be understood in isolation from domestic law. Viewing soft law through the prism of multilevel governance highlights the role European integration in particular plays in ‘hardening’ soft law provisions, thereby shaping the global diffusion of such standards. As soft law becomes embedded in domestic law, its certainty and durability are enhanced while at the same time its flexibility is reduced. Case studies of the diffusion of international accounting standards and close-out netting rules for over-the-counter derivatives provide empirical support for the importance of domestic law in the global diffusion of soft law.

Additional information

Notes on contributors

Biographical notes: Abraham L. Newman is an associate professor at the BMW Center for German and European Studies in the Edmund A. Walsh School of Foreign Service at Georgetown University. David Bach is Senior Associate Dean and Senior Lecturer for Global Business and Politics at Yale School of Management.

ACKNOWLEDGMENTS

We would like to thank the editors, as well as two anonymous reviewers, who made invaluable suggestions. In addition, we thank participants at the conference on Europe and Global Finance organized by Daniel Mügge at the University of Amsterdam, 14–15 February 2013. In addition, we received very useful feedback from Burkard Eberlein, Calvin Huntington, Rahul Kaul, Stefano Pagliari, Tony Porter, Elliot Posner, Lucia Quaglia, Eleni Tsingou, Kevin Young, David Zaring and Jonathan Zeitlin.

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