International Insolvency and Finance Law

Daniele D’Alvia is a Teaching Fellow in Banking and Finance Law at CCLS – Queen Mary University of London, UK, an Associate Research Fellow at IALS, and the Module Convener of Comparative Law at Birkbeck College, University of London, UK. He was the module convener of International Finance and Company Law at the University of Hertfordshire, UK, and a visiting scholar and researcher in global financial markets at the Commercial Law Centre at Harris Manchester College University of Oxford, the International Chamber of Commerce, and the Max Planck Institute for Comparative and International Private Law.

Introduction

Chapter 1 – The Times of Crisis Between Insolvency and Financial Law

1.1. The Legal Theory of Finance

1.2. The Global Financial Crisis

1.2.1 Risk and Uncertainty

1.2.2 The Role of the Law in Financial Crisis

1.2.3 The 2020 Unfolding Crisis: Covid-19

1.3 The Evolution of Corporate Insolvency Law Regimes

1.3.1 The Private and Public Divide in Insolvency Law

1.3.2 Contractarian and Out-of-law Approaches

1.4 Comparative Law as a Policy Making Instrument of "Out-of-law" Meanings

1.5 Conclusions

Chapter 2 – Legal Constants, and the Constant Outside of the Law

2.1 Theories of Comparative Law: the Law as "Input"

2.1.1 The Functions and Aims of Comparative Law

2.1.2 Comparative Law as a Tool for Studying (Legal) Meanings

2.2 Legal Constant(s)

2.2.1 The Constant(s) Outside of the Law and Legal Constant(s)

2.2.2 The development of Legal Constants in Commercial Law

2.3 The Uncofidied-Codification of the Law

2.3.1 The Uncodified Law and Crisis

2.4 Conclusions

Chapter 3 – The Un(codified) Financial Systems in Times of Crisis

3.1 The Ontology of Risk

3.1.1 The Epistemology of Risk

3.2 The Ontology of Uncertainty

3.2.1 The Role of Uncertainty

3.3 The Structures of Markets

3.3.1 The Financial Systems and Complexity

3.3.2 Competition and Financial Innovation

3.4 The New Legal Theory of Finance

3.4.1 The Un(codified) Role of Uncertainty

3.5 Conclusions

Chapter 4 – Cross-Border Insolvency Law: Venturing Beyond Structural Crisis

4.1 International Insolvency Law

4.1.1 The Role of Contract Law versus Statute Law

4.2 The Global Legal Indicators

4.2.1 The UNCITRAL Legislative Guide on Insolvency Law

4.2.2 The World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes

4.2.3 The EBRD Core Principles of an Effective Insolvency System

4.3 The New Financial Architecture

4.3.1 Macro- Versus Micro-Legislations

4.4 Conclusions

Conclusions