The global financial crisis demonstrated the inability and unwillingness of financial market participants to safeguard the stability of the financial system. It also highlighted the enormous direct and indirect costs of addressing systemic crises after they have occurred, as opposed to...

This is an unedited draft of the closing chapter of a forthcoming book, entitled Systemic Risk in the Financial Sector: Ten Years After the Great Crash, that will be published by CIGI Press in fall 2019 (edited by Douglas W. Arner, Emilios Avgouleas, Danny Busch, and Steven L. Schwarcz). The...

A decade after the financial crisis, regulators worry that the regulation enacted to help stabilize the financial system may be insufficient to prevent another crisis. Examining that regulation with the benefit of hindsight, this Article finds that much has been accomplished but much remains to...

Sovereign debt restructuring strategies have been mostly reactive, applying only once a nation's debt burden becomes unsustainable. Reactive strategies are suboptimal for many reasons, including that international law does not yet provide mechanisms—in the corporate sector, provided by...

This paper, presented at the D-DebtCon 2020 sovereign debt panel, examines an innovative new contractual approach to help solve the holdout problem. That problem arises, for example, when certain hedge funds—known as vulture funds—buy distressed sovereign debt at pennies on the dollar and...

Unresolved sovereign debt problems are hurting debtor nations, their citizens and their creditors, and also can pose serious systemic threats to the international financial system. The existing contractual restructuring approach is insufficient to make sovereign debt sustainable. Although a more...