From Basel to Beyond: A Primer on Banking Regulations

From Basel to Beyond: A Primer on Banking Regulations

In the late 20th century, the world’s financial landscape changed irrevocably. As banks expanded across borders, regulators scrambled to manage emerging risks and prevent systemic crises. The Basel framework arose not as a bureaucratic exercise but as an urgent response to real tragedies and market failures. Today, it stands as the global prudential rulebook guiding banks, supervisors, and policymakers toward stability in an interconnected world.

The Origins of International Banking Oversight

In the 1960s, the global banking and capital flows grew rapidly, fueled by post-war reconstruction, evolving technology, and liberalizing financial markets. Yet national regulators operated in silos. Fragmented rules allowed large cross-border banks to exploit loopholes and amplify risks without clear supervision. When one institution faltered, losses rippled across continents.

The dramatic collapse of Bankhaus Herstatt in West Germany on June 26, 1974, exposed the dangers of fragmented oversight. A single time-zone settlement failure in foreign exchange trades inflicted heavy losses on counterparties thousands of miles away. Almost simultaneously, Franklin National Bank in the United States teetered on the brink. These twin crises underscored the need for a cohesive, trustworthy supervisory framework that would never let global exposures escape scrutiny.

That same year, central bank governors of the Group of Ten (G10) convened in Basel, Switzerland, to establish the Committee on Banking Regulations and Supervisory Practices. Housed at the Bank for International Settlements in a neutral venue and robust infrastructure, the Basel Committee first met in February 1975. Its core mission was twofold: ensure that no international banking operation escaped supervision and harmonize standards so that capital requirements would be adequate and consistent everywhere.

Basel I: Setting the Foundation

By the mid-1980s, a wave of sovereign debt defaults in Latin America had eroded banks’ capital cushions. In response, the Basel Committee published the Basel Capital Accord in 1988—known today as Basel I. It introduced the minimum capital adequacy ratio of 8% of risk-weighted assets (RWA), aiming to ensure that banks held enough capital to absorb losses on loans and investments.

Basel I defined two tiers of regulatory capital and assigned simple risk weights to asset classes. While groundbreaking, its coarse risk buckets invited regulatory arbitrage: banks shifted toward supposedly low-risk exposures, securitized assets to reduce capital charges, and sometimes overlooked genuinely risky activities.

Basel II: Embracing Risk Sensitivity

As banks’ activities grew more complex, the limitations of Basel I became clear. In 2004, the Committee introduced Basel II, designed to align capital with underlying risks more accurately. It rested on three complementary pillars:

  • Pillar 1 – Minimum Capital Requirements: Expanded to cover credit, market, and operational risk, with standardized and internal model approaches.
  • Pillar 2 – Supervisory Review Process: Required banks to conduct an Internal Capital Adequacy Assessment Process (ICAAP), while supervisors performed the Supervisory Review and Evaluation Process (SREP).
  • Pillar 3 – Market Discipline: Increased public disclosures so that investors and counterparties could assess banks’ risk management and capital adequacy.

By permitting internal ratings-based models and more granular risk weights, Basel II promised to reflect reality better. Yet, heavy reliance on banks’ own data and external ratings introduced procyclicality and blind spots. When the 2007–2008 financial crisis struck, many banks met Basel II requirements on paper while lacking sufficient liquidity and capital to withstand sudden losses.

Basel III: Strengthening Resilience Post Crisis

The global crisis laid bare critical gaps: undercapitalized institutions, excessive leverage, fragile liquidity, and unchecked systemic risk. From 2010 to 2017, Basel III emerged as a comprehensive post-crisis reform package that addressed the three pillars and added new layers of protection.

  • Enhanced Capital Quality and Buffers: Focus on Common Equity Tier 1 (CET1) with minimum ratios (4.5% CET1, 6% Tier 1, 8% total). Added the Capital Conservation Buffer and Countercyclical Capital Buffer to absorb stresses.
  • Leverage Ratio Backstop: A non-risk-based 3% Tier 1 leverage minimum to curb hidden build-ups of exposure and limit excessive gearing.
  • New Risk Measures: Introduction of Credit Valuation Adjustment capital charges, stricter standardized approaches, and limits on concentration risk.

For the largest banks, additional G-SIB surcharges ensure that global systemically important banks maintain extra capital against the fallout of their failure. Together, these reforms significantly increased banking sector resilience during subsequent market stresses.

Criticisms and Implementation Challenges

Despite its strengths, the Basel framework faces ongoing critiques. Some argue that detailed risk-weight formulas remain too complex, fostering continued regulatory arbitrage. Others warn that capital buffers can be hard to maintain in downturns, and that liquidity rules may constrain legitimate lending. Differences in national implementation can also lead to uneven playing fields, while rapid innovation—cryptocurrencies, fintech platforms, and climate risks—push regulators to adapt faster than Basel’s typically multi-year revisions.

Looking Beyond Basel: The Path Forward

As finance evolves, regulators are exploring what “beyond Basel” could entail. Macroprudential tools—stress tests, systemic risk surcharges, and macroprudential oversight and systemic stability measures—complement microprudential capital rules. Technological advances in data analytics and real-time monitoring promise to detect emerging threats earlier, while environmental, social, and governance (ESG) factors call for integrating climate-related financial risks into capital frameworks.

Realistically, the next frontier will blend global standards with national flexibility, ensuring that a risk-weighted assets and exposures approach remains robust in the face of new challenges. Innovations like sandboxes, tailored guidance for digital assets, and increased supervisory cooperation can help deliver both resilience and growth.

Ultimately, the spirit of Basel endures: a commitment to collective action, transparency, and the shared conviction that stable banks underpin prosperity. By learning from past crises, embracing new tools, and reaffirming international collaboration, the next generation of banking regulation can continue to protect economies and support innovation around the world.

By Matheus Moraes

Matheus Moraes