3 Chi J Intl L 369
Frederick Tung
Though harmonization and competition tend to be viewed
as being at opposite ends of the spectrum, this is not necessarily the
case in every circumstance. Based on the notion that harmonization is necessary
for competition on choice of law issues, the article explores regulatory
competition in corporate, securities, and bankruptcy law. It begins by
categorizing regulatory competition into two forms: private choice and
reciprocity. The article carefully distinguishes between the attributes,
impediments, and politics of the two forms to demonstrate why the latter
is more likely to emerge. It concludes that, in theory, private choice
may better promote competition between regulators, but is not politically
viable. It concludes that reciprocity is more likely to be favored by national
regulatory regimes because it potentially offers greater international
cooperation, even though such cooperation stands to be obscured by private
interests.


