EQUATOR PRINCIPLES AS "NORMS OF SELF-REGULATION": GENERAL PRINCIPLES AND LEGITIMACY SOURCE  

EQUATOR PRINCIPLES AS "NORMS OF SELF-REGULATION": GENERAL PRINCIPLES AND LEGITIMACY SOURCE

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作  者:Zhiyun Liu Luying Zheng 

机构地区:[1]School of Law, Xiamen University, Xiamen, China [2]Intellectual Property Research Institute, Xiamen University, Xiamen, China

出  处:《Frontiers of Law in China-Selected Publications from Chinese Universities》2013年第1期140-163,共24页中国高等学校学术文摘·法学(英文版)

摘  要:The establishment of equator principles is a landmark in the financial market and even in the history of fnancial development. As their extensive application in the market of project finance, equator principles have gradually become the industrial standard and international conventions of project finance. However, compared with traditional legislations, equator principles are norms of self-regulation without the involvement of national forces, and their general principles and legitimacy source definitely break a new path. The evolution of equator principles experienced three phases: emergence, popularity and internalization, and the attribute of advocates of regulations, during which the nature of regulations and the character of financial industry played key roles. Meanwhile, factors such as "power," mutual benefits, co-determination, effectiveness and even internalization of regulations by international financial companies, constitute the "legitimacy" source of equator principles. Besides, pointing at the defect of "norms of self-regulation, '" advocates and practitioners endeavor to improve the "'legitimacy" of equator principles.The establishment of equator principles is a landmark in the financial market and even in the history of fnancial development. As their extensive application in the market of project finance, equator principles have gradually become the industrial standard and international conventions of project finance. However, compared with traditional legislations, equator principles are norms of self-regulation without the involvement of national forces, and their general principles and legitimacy source definitely break a new path. The evolution of equator principles experienced three phases: emergence, popularity and internalization, and the attribute of advocates of regulations, during which the nature of regulations and the character of financial industry played key roles. Meanwhile, factors such as "power," mutual benefits, co-determination, effectiveness and even internalization of regulations by international financial companies, constitute the "legitimacy" source of equator principles. Besides, pointing at the defect of "norms of self-regulation, '" advocates and practitioners endeavor to improve the "'legitimacy" of equator principles.

分 类 号:F832.5[经济管理—金融学] P732.6[天文地球—海洋科学]

 

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