Legal Aspects of the Banking Regulatory and liberalization Paradigm upon Becoming a Member of the World Trade Organization

Document Type : Research Paper

Authors

1 Associate Prof., Department of Financial Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

2 MSc. Student, Department of Financial Law, Faculty of Law and Political Sciences, University of Tehran, Iran.

10.22059/frj.2023.346348.1007369

Abstract

Objective
Today, there is widespread acceptance and emphasis on the role, function, and importance of regulation across all economic sectors, as encapsulated by theories of "regulation" and "regulatory governance." Within various economic sectors, banking regulation has been identified as particularly critical due to its inherent fragility. In addition, pursuing liberalization of financial and banking services, by deregulation and eliminating the current contradictory regulations, is found to be vital. The establishment of the World Trade Organization (WTO), as an entity for the expansion of free trade, including financial and banking services, is based on the same fundamentals. In this study, we seek to determine whether Iran's existing banking regulations could potentially hinder its accession to the WTO. Our investigation also tries to ascertain whether the WTO's legal framework mandates the adoption of specific levels of banking regulation. Ultimately, taking a broader perspective, we aim to describe and analyze the compatibility between these two seemingly contradictory concepts—regulation and liberalization.
 
Methods
In this article, which constitutes a qualitative legal study, we employed an analytical-descriptive approach as our research methodology. While the predominant approach in the first two parts is the descriptive method, the third part has a complete analytical approach. From a goal-oriented viewpoint, while our first two parts can be described as implied research, the last part has a fundamental approach.
 
 
 
Results
The research outcomes reveal that Iran's current banking regulatory framework does not pose a barrier to its potential membership in the international organization. Specifically, while regulations more stringent than those established by the Basel Committee may hinder accession, the absence of such strict measures or non-compliance with Basel standards is not viewed as a hindrance. Additionally, it's noteworthy that the organization's legal framework does not mandate the adoption of any specific level of regulation, providing flexibility in this regard. The research findings also indicate that regulation can follow different types of objectives (including pursuing domestic goals, maintaining domestic and international financial stability, and liberalizing financial services trade) hence there is no conceptual contradiction between these two mentioned notions.
 
Conclusion
Our analysis uncovered no conflicts between the concepts of regulation and liberalization, either in terms of their conceptual compatibility or within the legal framework of the World Trade Organization. The lack of exact compliance between Iran’s banking regulations and the standards of the Basel Committee, will not act as an obstacle to the country’s accession to the World Trade Organization

Keywords

Main Subjects

References

 
Bagheri, M. & Ghanbari, H. (2010). Legal problems resulting from the latest investment and Gas Markets National laws. Private Law Research Journal, 12(291), 25-64.https://qjpl.atu.ac.ir/article_2500_9c14cd43cf43bd6697b9844c794b3dd7. (in Persian)
Bagheri, M. & Razavi, S.M. (2007). Financial regulation and general agreement on trade in services (WTO). Private Law Studies, (74), 69-106. (in Persian)
Bagheri, M. & Saghoouri, M. (2017). Prevent bank failures. Judicial Law Views. 21(75 & 76),1-32. http://jlviews.ujsas.ac.ir/article-1-985-fa.html. (in Persian)
Baghestani Meybodi, M., Miri, A. & Samadi Broojeni, R. (2015).The necessity of government intervention in regulation and supervision of financial markets. Economic magazine, 15 (7 and 8), 43-58. http://ejip.ir/article-1-795-fa.html. (in Persian)
Bigdeli, S.Z. (2018). WTO Accession Commitments: A Law and Development Perspective. the Iranian Review for UN Studies (IRUNS), 1(1), 65- 98.
Bismuth, R. (2010). Financial Sector Regulation and Financial Services Liberalization at the Crossroads: The Relevance of International Financial Standards in WTO Law. Journal of World Trade, 44(2), 489-514. doi: 10.3249/1868-1581-2-1-bismuth.
Fallah Shams, M. & Banisharif, A. (2020). Investigating the Financial Risk Spillover in Banks Accepted in Tehran Stock Exchange Market through MGARCH Approach. Financial Research, 23(1), 87-107. https://doi.org/10.22059/frj.2020.304816.1007033. (in Persian)
Ghani nejad, M. (2015). Liberalization and economic performance. Tehran: Donya-e-eqtesad. (in Persian)
Gorji, A. A., & Mirtorabi, H. S. (2017). Explaining the Principles of Banking Regulation in the Perspective of the Legal System of Iran. Journal of Legal Research, 16(32), 7-36.
(in Persian)
Kaufman, G. (1999). Banking and currency crises and systemic risk: a taxonomy and review. Loyola University Chicago and Federal Reserve Bank of Chicago.
Kordestani, Gh.,  Ghorbani, R., Haghighat, H., Ghaemi, M.H. & Azizmohammadlou, H. (2020). Developing a Model for Evaluating the Effectiveness of Risk Management in the Banking Industry. Financial Research, 22(4), 496- 520. (in Persian)
Lehmann, M. (2016). Legal Fragmentation, Extraterritoriality and Uncertainty in Global Financial Regulation. Oxford Journal of Legal Studies. 1–29.
Namazi, N.R. & Esmaeilpour, H. (2021). The Role of Operations Complexity in the Effect of Auditing Quality on Banks' Risk. Financial Research, 23(3), 440- 465. https://doi.org/10.22059/frj.2021.316006.1007114  (in Persian)
Panourgias, L E. (2006). Banking regulation and world trade law: GATS, EU and the case for prudential institution-building. At the international level.electronic thesis. King’s Research Portal.https://kclpure.kcl.ac.uk/portal/.
Pour Mir Ghaffari, M. & Khoshnoud R. (2016). Iran’s Schedule of Specific Commitments on Banking Services in the WTO. Journal of Monetary & Banking Research, 9(27), 53-81. (in Persian)
Rasekh M. & Hoseini M. (2014). The Concept of Regulation in the Legal Field. Encyclopedia of economic law, 22(8), 23-39. (in Persian)
Rasti, M. & Kamali Ardakani, M. (2010). Liberalizing Trade in Services and Economic Growth: WTO Members Experiences. Commercial publishing company. (in Persian)
Rostami, V., Taghvai, M. & Hashemi, M.R. (2015). Regulatory challenges in the country's commercial insurance industry. Administrative law, 2(7), 57-89. http://qjal.smtc.ac.ir/article-1-62-fa.html. (in Persian)
Sadeghi Neshat, A. & Pourmirghaffari, S.M. (2018). Islamic banking and liberalization of trade in banking services in the WTO. Private law studies quarterly, 47(4), 667-682. https://dx.doi.org/10.22059/jlq.2017.134471.1006669. (in Persian)
Sargolzaei, M. & Safaei Ilkhchi, M. (2022). The Effect of Macroeconomic Shocks on the Liquidity Risk of the Banking system: MS-VAR Approach. Financial Research, 24(4), 528- 576. https://doi.org/10.22059/frj.2022.340169.1007312.  (in Persian)
Savari, H. & Rashedi, M. (2014), Nature and Scope of the National Treatment obligation under the GATS. The Judiciaries Law Journal, 78(87), 47-89. (in Persian)
Sepahvand, M. (2009). Financial liberalization and the challenges of Iran's banking sector on the way to accession the World Trade Organization (WTO). Recent in Economic, 7(125), 78-87. (in Persian)
Shahchera M. (2014). Compliance with the Basel Core Principles in Iranian Banking System. Journal of Monetary & Banking Research, 6(18), 109-129. (in Persian)
Shamasaee, M. (2012). World trade organization and international legal order. Public Law Research, 14(37), 41-68. (in Persian)
 Taleblou, R. & Bahmanopour, H. (2011). The Analysis of banking regulation on competition in Iranian Banking Industry. Financial Knowledge of Securities Analysis, 5(2), 13-40.
(in Persian)
Yavari, A. (2014). An introduction to concept of legal regulation. Comparative Law Studies, 5(2), 629-647. https://dx.doi.org/10.22059/jcl.2014.52958. (in Persian)
Zarei, M.H. & Shams, E. (2013). An introduction to the concepts and theories of economic regulation. Legal Research Quarterly, 16(62). (in Persian)
Financial Research Journal
Volume 25, Issue 3
2023
Pages 387-409

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