Recognition of Foreign Bank Resolution Actions
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Recognition of Foreign Bank Resolution Actions

9781802200553 Edward Elgar Publishing
Shuai Guo, Assistant Professor, China University of Political Science and Law, Beijing, China
Publication Date: 2022 ISBN: 978 1 80220 055 3 Extent: 352 pp
This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.

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This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.

Shuai Guo conducts both normative and positive law analysis to investigate the status quo of available legal instruments that are used to recognise foreign resolution actions within three representative jurisdictions: the European Union, the United States and mainland China. Building on the traditional legal doctrines of private international law, financial law and insolvency law, this book proposes ten principles that should be applied to foreign bank resolution actions, offering innovative ideas for further research and study. Additionally, it fills the gap in scholarly research on the issue of cross-border bank resolution and formulates rules that would facilitate effective resolution actions across borders to achieve a global orderly resolution for banks.

Recognition of Foreign Bank Resolution Actions will be key reading for researchers and students in the fields of private international law, finance and banking law. The technical legal issues addressed throughout the book will also appeal to insolvency and banking lawyers, as well as policy makers within the field.
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‘This book conducts both a comprehensive and sophisticated analysis on the recognition of foreign bank resolution actions. Employing a comparative research methodology and also addressing the complicated issue from international law, financial law and insolvency law perspective, the author exhibits a superb panorama on the subject. This book offers not only a theoretical, but also a practical perspective of constructing a future framework for recognition of foreign resolution actions across the globe. It is worthwhile reading in this area.’
– Jingxia Shi, Renmin University of China
Contents
Contents: PART I INTRODUCTORY CHAPTERS 1. Introduction to Recognition of Foreign Bank Resolution Actions 2. Cross-border bank resolution: Definitions and scenarios PART II RECOGNITION OF FOREIGN BANK RESOLUTION ACTIONS IN THE SELECTED JURISDICTIONS 3. The European Union 4. The United States 5. China PART III ANALYSIS FROM THE PERSPECTIVES OF PRIVATE INTERNATIONAL LAW, FINANCIAL LAW AND INSOLVENCY LAW 6. Grounds for recognition 7. Financial stability and resolution objectives 8. Creditors’ position PART IV CONCLUSIONS 9. A future framework for recognition of foreign resolution actions 10. Conclusions to Recognition of Foreign Bank Resolution Actions Bibliography Index
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