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... do away with the term "regulatory arbitrage" and go back to the original terminology: Tax evasion, fraudulent bookkeeping, flying the flag of convenience, and so on and so forth?

Those are perfectly good English terms that as far as I can tell completely cover the subject at hand, with no need to confuse things with legitimate arbitrage.

- Jake

If you only spend 20 minutes of the rest of your life on economics, go spend them here.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sat Mar 7th, 2009 at 11:03:54 AM EST
The way to do it, is, I think, to show that this "regulatory arbitrage" did amount to all the things you say in fact, if not in law, plus had other unpleasant side effects.

Thus the need for the straightjacket on the people that abused the public trust.

In the long run, we're all dead. John Maynard Keynes

by Jerome a Paris (etg@eurotrib.com) on Sat Mar 7th, 2009 at 11:07:51 AM EST
[ Parent ]
I agree completely.

I just jumped on this one in particular, because it's a bit of financial newspeak that's starting to annoy me. Arbitrage arguably has a legitimate function, so "regulator arbitrage" looks a lot like a newspeak term designed to conflate flying the flag of convenience with legitimate arbitrage.

- Jake

If you only spend 20 minutes of the rest of your life on economics, go spend them here.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sat Mar 7th, 2009 at 11:11:19 AM EST
[ Parent ]
by including "regulatory," they explicitly acknowledge that this about going round regulations to find the most convenient (ie lest constraining), ie it is about avoiding the rules.

Avoiding the rules is pretty damn close to breaking the law. Maybe the solution would simply be to reverse the burden of proof on whether that's the case...

In the long run, we're all dead. John Maynard Keynes

by Jerome a Paris (etg@eurotrib.com) on Sat Mar 7th, 2009 at 11:14:45 AM EST
[ Parent ]


If you only spend 20 minutes of the rest of your life on economics, go spend them here.
by JakeS (JangoSierra 'at' gmail 'dot' com) on Sat Mar 7th, 2009 at 11:20:24 AM EST
[ Parent ]
Financial commentators also talk about "Tax arbitrage" as if it were a legitimate investment strategy.

Most economists teach a theoretical framework that has been shown to be fundamentally useless. -- James K. Galbraith
by Migeru (migeru at eurotrib dot com) on Sat Mar 7th, 2009 at 12:39:01 PM EST
[ Parent ]
But it's a misunderstood word among the masses.  What if the words 'Shadow Banking' was substituted for 'regulatory arbitrage'?

I think it's easier for talking heads at places like CNN & CNBC to understand and explain to viewers.

by NvDem (Ed@igreno.com) on Sat Mar 7th, 2009 at 12:40:42 PM EST
[ Parent ]
Do any of the masses know what arbitrage actually means?

Voodoo banking or zombie banking is probably even more accurate than shadow banking.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Sat Mar 7th, 2009 at 07:05:21 PM EST
[ Parent ]
European Tribune - Regulatory arbitrage brought us here - time to make it go away
The way to do that is to (i) bring back high rates of marginal taxation (because they make the pursuit of high incomes possible, and lobbying to make that both possible and easy a core activity), (ii) separate completely and hermetically regulated utility banking from the unregulated gambling/"investment" kind (break up the existing behemoths accordingly, identify regulated activities and send to prison anyone that does unregulated activities within a regulated entity), (iii) put up enough money for regulators to attract capable people (and fordid them from ever going to work for the industry they regulate), (iv) provide enough public money to fund political parties and campaigns so as to make private money irrelevant, (v) break up media groups.

The system's fucked. Kaput.

"Any economic unit can emit money. The serious problem is to get it accepted" Hyman Minsky

by ChrisCook (cojockathotmaildotcom) on Sat Mar 7th, 2009 at 11:12:45 AM EST
[ Parent ]
I saw that graph earlier, and wanted to link it to this story, but couldn't remember where I had read it. The shadow banking system is exactly what my post is about: a way to avoid the rules, and this is exactly what we need to kill: the ability of the shadow system to contaminate the "real" one.

Now, it's too late, as you note. which means that the government has to grab the whole industry, take the bits of infrastructure that are vital, put it in a shape that can survive, call that the utility bit, regulate it stringently, and let the rest to its sorry fate.

In the long run, we're all dead. John Maynard Keynes

by Jerome a Paris (etg@eurotrib.com) on Sat Mar 7th, 2009 at 11:18:28 AM EST
[ Parent ]
This is out of "the Government's" hands. There are trillions of dollars (and pounds and euros) worth of financial claims out there with the creditors of the US, EU, UK etc. The steps you outline may well be correct, but are based upon an assumption that they would be accepted by creditor nations.

How many Barrels and Btu's has the G7? The G7's creditors are not just going to press the reset button if there is a viable alternative, and I happen to believe that there actually is.

I think that the era of the middleman is over: Humpty Dumpty simply cannot be put back together again. We need a 21st Century solution to a 21st century problem, and I am quite sure this is already emerging.

"Any economic unit can emit money. The serious problem is to get it accepted" Hyman Minsky

by ChrisCook (cojockathotmaildotcom) on Sat Mar 7th, 2009 at 11:43:07 AM EST
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These particular creditors didn't invest their money in government guaranteed instruments. The problem is not that the creditors might not accept the default of financial institutions. It's that they are likely not to put their new (or remaining) cash into Western financial institutions.
by vladimir on Sat Mar 7th, 2009 at 12:01:38 PM EST
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vladimir:
It's that they are likely not to put their new (or remaining) cash into Western financial institutions.

Exactly.

Why should they accept $, € and £ in exchange for something with actual worth?

"Any economic unit can emit money. The serious problem is to get it accepted" Hyman Minsky

by ChrisCook (cojockathotmaildotcom) on Sat Mar 7th, 2009 at 12:05:16 PM EST
[ Parent ]
Because:

  1. They lack imagination
  2. These are the currencies they can still buy things in
  3. These are the currencies dividends are paid in
  4. If you want rice, you can't buy it from a hedge fund - you can only buy a first or second derivative bet on the sums involved in a possible rice deal, which you can't usually cook in a microwave and eat

In spite of all expectations, people still trust the Western financial industry more than that of most other countries.

This makes no sense - but since most of us live in the West, I'd suggest that perhaps it's better than the alternative.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Sat Mar 7th, 2009 at 07:12:01 PM EST
[ Parent ]
because your money is still treated worse in other venues (it's confiscated in cruder ways, let's say).

In the long run, we're all dead. John Maynard Keynes
by Jerome a Paris (etg@eurotrib.com) on Sun Mar 8th, 2009 at 05:09:48 AM EST
[ Parent ]
True but reality has a way of biting back.

Pretty near everything on the Eurasian continent east of the Urals has no hope of feeding itself.  Crash the global financial system and the global trade in coarse grains and other foodstuffs crashes.

by ATinNM on Sat Mar 7th, 2009 at 12:59:12 PM EST
[ Parent ]

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