The Governance and Regulation of International Finance: A Positive Forecast
Laura Anne Gallagher
Posted Friday, May 16, 2014

Geoffrey P. Miller and Fabrizio Cafaggi’s timely essay collection on The Governance and Regulation of International Finance, the third segment in their series Private Regulation, addresses a topic of growing concern in both the public and private sector.[1] Globalization provides both opportunities and challenges to businesses, such as the opportunity to open up new consumer markets and the challenge of complying with a multitude of unique regulatory systems. Financial services providers that fail to enter the global market are often unable to compete with the superior pricing, efficiency, and technological advancement of global businesses. In response to the compliance and regulatory challenges of globalization, private entities play a progressively greater role in standard-setting and enforcement for transnational businesses. Public institutions continue to govern markets within their borders with varying degrees of adequacy. However, the growing volume of transnational financing, sales, investing, accounting, and trade has increased the complexity of creating fair and enforceable norms for such transactions.

[1] Cafaggi, the Director of the Centre for Judicial Cooperation and Professor of Comparative Law at the European University Institute, serves as the general editor for the Private Regulation series, “a forum for monographs and collaborative, interdisciplinary volumes on private regulation through the lenses of law, economics, political science, sociology, and philosophy.” The series is financed by the Hague Institute for the Internationalisation of Law (HiiL) and aspires to influence academics, policy makers, and practitioners active in shaping regulatory policy. Prior topics included Enforcement of Transnational Regulation: Ensuring Compliance in a Global World and Regulatory Competition in the Internal Market: Comparing Models for Corporate Law, Securities Law and Competition Law. Geoffrey P. Miller serves as the Director for the Center for Financial Institutions and the Stuyvesant P. Comfort Professor of Law at New York University School of Law. Both Cafaggi and Miller have written prolifically on the subject of financial regulation.