Taming the Hydra of Derivatives Regulation: Examining New Regulatory Approaches to OTC Derivatives in the United States and Europe

Authors

• Daria S. Latysheva, Benjamin N. Cardozo School of Law

Abstract

The note examines the regulatory responses to the 2008 financial crisis, focusing on derivatives markets in the US and EU. It argues that while both the Dodd-Frank Act and the EU Proposal aim to enhance oversight and transparency, the EU's structured and centralized approach is more effective in achieving comprehensive regulation. The US framework, relying heavily on agency rulemaking and fragmented jurisdiction between the CFTC and SEC, risks inefficiencies and regulatory gaps, whereas the EU Proposal’s detailed provisions and centralized decision-making provide a more cohesive framework for reducing systemic risk.

Disciplines

Banking and Finance Law | Law | Securities Law

Recommended Citation

Daria S. Latysheva, Taming the Hydra of Derivatives Regulation: Examining New Regulatory Approaches to OTC Derivatives in the United States and Europe, 20 Cardozo J. Int'l & Comp. L. 465 (2012).
Available at: https://larc.cardozo.yu.edu/cjicl/vol20/iss2/6