Le cadre juridique de supervision bancaire et de régulation prudentielle : Du risque souverain aux politiques budgétaires d'austérité

Abstract : While the 2008 crisis has plunged the economy into a difficult period full of uncertainty, it can at least boast of having launched reforms of the financial sphere. In a context where international regulation is increasingly a matter of soft law, the Basel Committee plays an important role in developing rules to build a more secure banking sector, especially as the Basel III rules aim to restore confidence in the banking and financial system that was shaken, but also to prevent the occurrence of a new crisis. By means of stricter rules and innovative tools, regulation has gone further than in the past. However, the dangers arising from the circumvention of prudential rules by banks are indeed present. The question of the effectiveness of prudential regulation strategies, which may again be overwhelmed and taken aback by another crisis, is seriously raised. Regulatory responses usually come afterwards, whereas action should be taken upstream. Countries have often helped their banks, but they will not necessarily have the same resources in every new crisis. In this context, issues related to the interconnection between sovereign and banking risks and austerity policies were discussed, as were issues related to rating agencies, securitization and public-private partnerships. In a changing world, new challenges arise and a look at further horizons has led us to take an interest in the new deregulation policy of the new President of the United States, but it was also timely to take an interest in Lebanon, whose banking system has managed to escape the global crisis. Moreover, the banking and financial system will probably have to deal with phenomena such as "bitcoin" or "Islamic finance", which, despite their fragility, are developing. Finally, the thesis aims to show the limits of the current system and the measures envisaged.
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Jessica Adeimi. Le cadre juridique de supervision bancaire et de régulation prudentielle : Du risque souverain aux politiques budgétaires d'austérité. Droit. Université Côte d'Azur, 2018. Français. ⟨NNT : 2018AZUR0020⟩. ⟨tel-02191431⟩

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