entity · derived
Harmonization
Derived node: assembled mechanically from the claims carrying harmonization. A roster, not an adjudicated definition.
Every claim under this term
- 617681-003 : The Societas Europaea has drawn a less than enthusiastic initial reaction, plausibly because its rules are the product of years of negotiation and political compromise rather than a response to market
- 1806252-001 : Contrary to critics who blame the Basel Accords, harmonization through Basel II is not what made banks hold similar assets; banks held similar assets because those assets were profitable.
- 1908473-021 : Without a degree of international convergence in contingent capital rules, regulatory arbitrage could undermine the establishment of contingent capital as an integral part of financial markets.
- 1998455-015 : Divergent national definitions of Tier 1 capital produce a distortion: financial institutions in countries with stricter definitions that exclude contingent capital appear to hold less capital and thi
- 1998455-026 : Harmonization and coordination can facilitate experimentation and learning, but experimentation is most effective when several different approaches are tried simultaneously in different jurisdictions.
- 2029983-006 : Jurisdictional competition adapts legal rules to changed economic circumstances faster than harmonization does, because a single jurisdiction can change its rule unilaterally whereas harmonized regime
- 2029983-007 : Harmonization can fail on the merits: the harmonious rule may be the wrong rule for the problem it addresses, or it may become the wrong rule later as circumstances change.
- 2029983-008 : Harmonization is politically unattainable absent either a central authority able to preempt the law of many jurisdictions or a single jurisdiction with enough economic clout to impose its rules on oth
- 2029983-009 : Harmonization invites its own defeat by creating an incentive for rogue jurisdictions to attract, into their legal systems, the private actors who do not agree with the harmonized rule.
- 2061166-002 : The authors contend that the European Commission's goal of maximum harmonization through a global single rule book may not be achievable, and that a legal framework for private ordering of contingent
- 2061166-006 : Mutual recognition of countercyclical capital buffers hollows out the national discretion the Commission proposal appears to grant: the financially strongest Member States with the largest financial s
- 2061166-037 : Convergence of contingent capital standards is impeded by a first mover problem: single jurisdictions hesitate to impose contingent capital requirements before they know how competing jurisdictions an
- 2998097-007 : Proposals to improve close-out netting agreements and to harmonize standard documentation across jurisdictions are likely to run into jurisdictional arbitrage and national protectionism.
- 5554218-010 : The most damaging effect of legal harmonization is that it eradicates outliers, meaning the unconventional approaches that actually drive technological and legal innovation.
- 5554218-011 : Harmonized standards and innovative dispute resolution mechanisms are only partial answers, because they cannot keep pace with the continuously evolving technical requirements of digital assets and sm
- 5554218-012 : The authors contest the prevailing scholarly proposition that harmonized conflict of laws principles are necessary to govern digital assets across common and civil law jurisdictions, arguing that this
- 5554218-015 : Harmonizing substantive law would suppress jurisdictional diversity by imposing a one size fits all model that ignores cultural, economic, and technological differences, thereby reducing the resilienc
- 5554218-025 : Legislation based on or influenced by the UNCITRAL Model Law on Electronic Commerce has been adopted in 87 states across 170 jurisdictions, which shows that a non-binding model law can achieve broad i
- 5554218-026 : Binding conventions in digital law typically achieve only moderate ratification, yet their principles still permeate national legislation inspired by them, producing de facto harmonization without for
- 5554218-029 : Neither conflict of laws nor legal harmonization can supply a sustainable, systemic solution, because both approaches result in the fossilization of legal relationships.
- 5554218-036 : Allowing jurisdictions to tailor smart contract requirements to local statutory frameworks while adhering to a baseline of ethical principles preserves the innovative potential of blockchain by avoidi