The Global Financial Crisis has revealed that many advanced markets had poorly developed legal regimes and regulatory structures for dealing with banks and financial institutions that faced financial difficulties. This was especially so in regard to the “shadow banking system”; the failure...

The Global Financial Crisis of 2007-2008 has demonstrated the fragility of prevailing corporate governance ideas and the weakness of legal means of minimizing risk and highlighting dangers in major banking corporations. Gatekeeper failure has undoubtedly been a significant contributor to this...

The global financial crisis has caused many to review the current effectiveness of prevailing corporate governance ideas in many developed countries, such as in the UK, the USA and in the EU more generally. We have seen a move away from a primary focus upon self regulation to a greater resort to...

We have reached a turning point in our efforts to regulate banks and financial institutions by resort to current risk-based models and regulatory structures. As is evident from failures during the global financial crisis that burst upon the scene in later 2007, the use of these risk based and...

Many Asian legal systems have moved to modernise their systems of business law. This has usually meant that laws dealing with corporate debt or corporate insolvency have also been introduced or modernised. A seeming paradox is presented by this apparent commitment to the rule of law as is...

This paper examines insolvency law and practice in six Asian jurisdictions and is based on a socio-cultural study of the perceptions and practices of leading insolvency practitioners, officials and business people. The paper explores specific manifestations of “rule of law” as reflected in...

The Global Financial Crisis (GFC) threatened to bring world financial markets to a halt. It is now coming to light that in the run-up to, and at the height of, the GFC, investment banks and other participants in the financial markets acted unethically as well as imprudently. This article takes a...

Many countries have benefited greatly from an influx of investment from China; much of this investment has come from Chinese State-owned enterprises (SOEs). Functioning as China's national champions, Chinese SOEs have been the vehicles for the Chinese government to obtain resources from the...

The regulation and control of bribery and corrupt practices by globally active corporations has become a matter of increasing concern in recent years. For many years the US Foreign Corrupt Practices Act (1977) has stood as a model for other countries. Other countries have been slow to introduce...

This article examines different approaches to the challenge of more effective corporate law enforcement and governance in Australia. It also discusses the problem of assessing success in this area and how this might be evaluated. The article describes the barriers to measuring success of...