Recognition of foreign bank resolution actions

Abstract

This dissertation investigated what the legal framework for recognition of foreign bank resolution actions should be. It aims to fulfil the current gap in legislative actions and scholarly research on the issue of cross-border bank resolution and attempts to formulate rules that would facilitate resolution actions effective across borders so as to achieve the ultimate goal of a global orderly resolution for banks. This dissertation conducts both normative and positive analysis and compares three jurisdictions, namely, the European Union, the United States and China. Building on the traditional legal doctrines of private international law, financial law and insolvency law, this dissertation proposes ten principles that should apply in recognition of foreign bank resolution actions.