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The regulation of short sales: a politicised topic

Howell, Elizabeth (2018) The regulation of short sales: a politicised topic. Law and Financial Markets Review, 12 (4). 203 - 209. ISSN 1752-1440

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Identification Number: 10.1080/17521440.2018.1535767


This paper considers the IOSCO principles on short selling regulation, and applies these to the regulations in place the US, the EU, and Hong Kong. The paper argues that practice of short selling is beneficial for markets, and that the justifications for (particularly) permanent restrictions do not stand up to rigorous scrutiny. It suggests that politics is often the key factor shaping its regulation, and that regulators tend to respond to such interests, producing a lack of international convergence with respect to the laws in existence around the world. Short selling is undoubtedly a sensitive topic, but if it is to be regulated, it merits implementing and enforcing global rules. This is unrealistic, but so are the inconsistent, go-it-alone approaches currently adopted by IOSCO’s members.

Item Type: Article
Additional Information: © 2018 Informa UK Limited, trading as Taylor & Francis Group
Divisions: Law
Subjects: J Political Science > JN Political institutions (Europe)
H Social Sciences > HG Finance
Date Deposited: 13 Sep 2019 14:27
Last Modified: 20 Aug 2021 02:29

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