国际金融市场的形成与治理:场外衍生品案例

Market formation and governance in international financial markets: The case of OTC derivatives1

HUMAN RELATIONS · 2008
被引 84
人大 AFT50ABS 4

中文导读

从政治、网络、框架和专家权力四个视角分析场外衍生品市场的形成与治理,发现国际掉期与衍生工具协会(ISDA)通过主协议发挥核心作用,但治理需依赖国家政府支持,且具有多层次和不稳定性。

Abstract

How are markets developed and governed? The article reviews four perspectives on the formation and development of markets and market governance — the political perspective (Fligstein), the network perspective (White), the framing perspective (Callon) and the soft law/expert power perspective (Slaughter). It then utilizes these perspectives in order to understand the development of the market for over-the-counter (OTC) derivatives. It finds that this market was stabilized and governed through the operation of all of these features — power, networks, framing and expert power. The International Swaps and Dealers Association (ISDA) to which all market participants belong has played a central role in this process. It has created a Master Agreement that is the common basis to all OTC derivative contracts across the world and seeks to overcome potentially problematic areas such as netting and collateral. It brings together all market participants and uses their expertise within its committees to develop new rules. However, the article shows that ISDA as a private international association cannot sustain governance by itself. It has to influence national governments in order to ensure that its Master Agreement is enforceable even though the agreement favours ISDA members above other actors. This has the potential for political controversy though mainly governments deal with it as an issue of technical expertise. At the public, international level, the central bankers forum in Basle is also concerned with the oversight of the sector and have issued a number of warnings about potential sources of instability arising from the derivatives market. The article illustrates that the market formation process is highly complex and that the governance of the market is multi-levelled and precarious. The research raises questions about how other complex markets are being created and how their governance structures are determined.

金融市场公司治理衍生品市场政治经济学制度经济学