Zeitschrift
für Japanisches Recht
2. Jahrgang 1997 - Heft Nr.4
Globalization
of Financial Markets and
Financial Regulation in Japan
Hideki Kanda
Contents
I.
Introduction
II.
Regulatory Trends in Japan: the Banking Sector
1.
Dealing with the banking crisis
2.
Regaining and enhancing the competitiveness of
banks
III.
Regulatory Trends in Japan: the Securities Sector
1.
Fundamental dilemma in securities regulation
2.
Deregulation of anti-competitive measures
3.
Other trends
IV.
Globalization of Financial Markets and the Japanese
Response
1.
Global standards for financial regulation?
2.
Evaluating recent trends in Japan
V.
Conclusion
I.
Introduction
"During
the past 20 years financial markets have changed
and developed at an astonishing pace. The markets
have expanded, globalized, integrated,
disintermediated, and innovated at a rate unknown
to history and in doing so have escaped the bonds
of control traditionally provided by government
officials and regulators. Market forces and
disciplines now rule the global economy."
The
astonishing growth of the global financial system
inevitably affects, and is affected by, Japanese
financial markets and Japanese financial institutions.
Globalization of financial markets does not mean that
there is one market on the earth. It means that many
markets coexist in a multi-layer fashion, and they
interact with one another. Financial transactions take
place across the country borders and financial
institutions and others act across the country borders in
these multi-layer markets. Under this environment, a risk
arisen in one market can easily be transmitted to
another, but from a regulatory standpoint, it is
difficult to regulate these multi-layer financial
markets.
The
interaction between Japanese and global financial
markets, however, is not entirely clear. In December of
1989, a historical drop in stock prices on the Tokyo
Stock Exchange began. Accelerated by the discovery of the
"loss compensation scandal" in 1991, the stock
price decline led to a sixty percent drop in the market
in 1995. This market decline spread to real estate and
other financial assets and led to the worst banking
crisis in Japan's history driving the real economy into
recession. Although this bursting of the stock market and
real estate "bubbles" resulted in unheard
damage to Japanese institutions and the national economy,
it did not spread to other countries' markets.
From a
Japanese perspective, however, the competitiveness of
Japanese financial institutions and Japanese financial
markets inevitably declined. Under these circumstances,
Japan faced two fundamental issues related to its legal
and regulatory systems.
First,
Japan's traditional legal and regulatory systems were
found to be insufficient to deal with bankrupting banks,
securities companies and other financial institutions.
The bankruptcy of banks or securities companies was
almost unknown in Japan's history after

|