International Insolvency and Finance Law

This book offers a comprehensive analysis of legal responses to financial crises, focusing on the Global Financial Crisis and Covid-19. International Insolvency and Finance Law highlights emerging legal constants.

This insightful work delves into the complexities surrounding the Global Financial Crisis and the Covid-19 pandemic, focusing on the discourse of risk and uncertainty in financial markets. The author argues that these crises highlight a significant failure of existing legal frameworks to regulate effectively, paving the way for a new theoretical approach to legal constants in comparative law. Through the lens of these financial upheavals, International Insolvency and Finance Law proposes a re-evaluation of how law interacts with economic realities.

The book emphasizes the necessity for dramatic reformulation of legal principles in light of crises such as Covid-19. It suggests that new mechanisms beyond traditional state regulation are emerging, including moratorium agreements and private workouts, which are crucial for the survival of businesses in distress. This shift indicates a transformative role for law, where constants outside of established legal frameworks can lead to what the author describes as an “uncodified-codification” of legal principles. The exploration of these themes in International Insolvency and Finance Law provides valuable insights into the evolving nature of legal regulation in times of uncertainty.

As the book unfolds, it addresses the harmonization of international economic law and its interplay with national insolvency regimes. By examining the Covid-19 crisis as a case study, the author illustrates how comparative law can inform policy-making processes and contribute to the development of legal constants. This thorough analysis not only enhances our understanding of the current legal landscape but also positions International Insolvency and Finance Law as a significant contribution to the discourse on law and finance in a rapidly changing world.