Towards a transnational bank restructuring law? – The attempt of the G20 to initiate and monitor regulatory responses to the „too big to fail“ problem –

Abstract

Consensus on a general (bank) insolvency law at both the G20 and the EU levels remains out of reach. Consequently we should focus on truly systemic cross-border banks. Therefore “systemic” banks have to be identified on economical rather than political grounds. The smooth coordination of different competent national supervisors will not work without clear-cut rules on competencies and a transnational framework “regulation”. This framework should be based on a G20 insolvency standard that creates a global level playing field for cross-border banks groups with systemic impact. Given the overlap between prudential regulation on the one-side and crisis intervention and resolution tools on the other side, it seems appropriate to implement such a standard via a new Basel Accord.