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Research on Legal Supervision of International Short-Term Capital

Author: LiZuo
Tutor: ZhouQingHua
School: Dalian Maritime University
Course: International Law
Keywords: International short-term capital Laws supervision the Financial crisis International cooperation
CLC: F832.6
Type: Master's thesis
Year: 2009
Downloads: 89
Quote: 1
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Abstract


20th century since the 90’s,the process of economic globalization is accelerating, the flow of international short-term capital to countries with tremendous economic benefits.However,due to lack of supervision,it also has brought many countries to financial risks.In order to better use of international short-term capital,countries are beginning to step up monitoring.In this paper,combined with the international financial law,international trade law and other related theories,we research the legal means of the international short-term capital in the eyes of the law.It helps to solve the adverse factors of the international short-term capital.This article is divided into five sections:The first part introduces the meaning of the international short-term capital and characteristics,distinguishes between short-term capital and long-term capital and shows the reasons for their mobility,trends,and raises the need for supervision.The second part describes the problems of the international short-term capital and analyzes the flow of short-term capital with legal methods to come to the conclusion: whether it is from a legal perspective or economics perspective,in order to maintain world economic stability and promote world economic development,we must monitor it.The third part expatiates legal regulation of the practice,developed and developing countries on short-term capital flows to international legal regulation of the practice. Britain,the United States,Japan and other developed capitalist countries mainly focus on the law and self-regulatory approach,but practice has proved that there are still some shortcomings of regulatory imbalance,regulatory lag,the higher regulatory costs.South Korea,Argentina and other developing countries have very strict regulatory,however, for lack of the regulatory experience their regulatory effect are not good.Therefore,in order to better regulation they can do something only by strengthening international cooperation and coordination.PartⅣdiscusses the international cooperation of international legal regulation flow of short-term capital.It often evades the law and supervision with the caver of the offshore market.It makes them to be the lack of transparency in general.So it is necessary to strengthen international cooperation.International Monetary Fund,OECD and a number of regional financial conglomerates are playing an important role of cross-border supervision.PartⅤdiscusses China’s supervision of the flow of international short-term capital.International short-term capital has brought about tremendous economic benefits to our country.At the same time there are also enormous risks.While China control foreign exchange under capital account,capital Large-scale flow of international short-term will take some large impact to the domestic economy.So we should improve the supervision of the legal system,strengthen supervision,and strengthen international cooperation and coordination to strengthen the supervision of the flow of international short-term capital in order to maintain a smooth,rapid economic development.This article researches on the flow of international shot-term capital based on the theoretical analysis and experience.In the critical period of economic development and the deepening of the globalization process,the flow of international shot-term capital will continue to expand and change.It is necessary to analyze systematically and demand from the system of supervision,especially in the Global economic crisis caused by US sub-prime crisis.How to strengthen the flow of international shot-term capital

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Exchange rate,foreign financial relations
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