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Compliance and International Soft Law: Why Do Countries Implement the Basle Accord?

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  • Daniel E. Ho

Abstract

This article presents empirical research into why countries comply with international soft law. I examine economic and institutional determinants of implementation of the 1988 Basle Accord on capital adequacy from a dataset of 107 countries. Market forces partially explain national decisions to implement the Basle Accord, lending support to the interpretation of international law as a reputational mechanism. One of the most striking and robust findings is the consistent positive effect of democratic systems on implementation, lending credence to democratic legalist theories of international law. Some evidence suggests that divided government and corruption are both negatively associated with soft law compliance. The findings also refute the explanation that countries 'learned' from prior banking crises, and support the contrary proposition that countries that experienced banking crises are in fact less likely to comply with international harmonization of banking regulation. Copyright Oxford University Press 2002, Oxford University Press.

Suggested Citation

  • Daniel E. Ho, 2002. "Compliance and International Soft Law: Why Do Countries Implement the Basle Accord?," Journal of International Economic Law, Oxford University Press, vol. 5(3), pages 647-688, August.
  • Handle: RePEc:oup:jieclw:v:5:y:2002:i:3:p:647-688
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    Cited by:

    1. Hyoung‐Kyu Chey, 2007. "Do markets enhance convergence on international standards? The case of financial regulation," Regulation & Governance, John Wiley & Sons, vol. 1(4), pages 295-311, December.
    2. Étienne Farvaque & Catherine Refait-Alexandre, 2016. "Les exigences de transparence des accords de Bâle : aubaine ou fardeau pour les pays en développement ?," Mondes en développement, De Boeck Université, vol. 0(1), pages 131-147.
    3. Jennifer Tobin & Susan Rose-Ackerman, 2003. "Foreign Direct Investment and the Business Environment in Developing Countries: the Impact of Bilateral Investment Treaties," William Davidson Institute Working Papers Series 587, William Davidson Institute at the University of Michigan.
    4. Diane Fromage, 2022. "The (multilevel) articulation of the European participation in international financial fora: the example of the Basel Accords," Journal of Banking Regulation, Palgrave Macmillan, vol. 23(1), pages 54-65, March.
    5. Coban, Mehmet Kerem, 2019. "Compliance forces, domestic policy process, and international regulatory standards: Compliance with Basel III," OSF Preprints x32nw, Center for Open Science.
    6. Richard Perkins & Eric Neumayer, 2007. "Implementing Multilateral Environmental Agreements: An Analysis of EU Directives," Global Environmental Politics, MIT Press, vol. 7(3), pages 13-41, August.
    7. Sue Wright & Elizabeth Sheedy & Shane Magee, 2018. "International compliance with new Basel Accord principles for risk governance," Accounting and Finance, Accounting and Finance Association of Australia and New Zealand, vol. 58(1), pages 279-311, March.

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