Global Financial Resilience: Assessing Opportunities and Challenges in Cross-Border Insolvency under the Paradigms of Universalism and Territorialism

Authors

  • Dr. Hari Krishna Karri College of Economics and Business Administration, University of Technology and Applied Sciences, Muscat, Oman
  • Nithya Ramachandran College of Economics and Business Administration, University of Technology and Applied Sciences, Ibra, Oman
  • Dr. P. Siva Reddy SoBE, Regent College, London

Keywords:

Cross-border Insolvency, Universalism, Territorialism, Financial Resilience

Abstract

As global financial interconnectedness continues to evolve, the complexities of cross-border insolvency pose significant challenges for international finance. This research delves into the paradigms of universalism and territorialism, examining their roles in addressing financial distress across borders. While universalism prioritizes efficiency and fairness, it faces challenges in coordinating across jurisdictions. Territorialism, on the other hand, respects national sovereignty but risks fragmentation and unfair treatment of creditors. The study argues for a pragmatic approach that combines the strengths of both, emphasizing harmonization, cooperation, and streamlined processes for effective cross-border insolvency resolution. This research contributes to building global financial resilience by advocating for a balance between national interests and international collaboration.

References

T. Guzman, "International Bankruptcy: In Defense of Universalism," Mich. L. Rev., 2000.

R. Halimi, "An Analysis of the Three Major Cross-Border Insolvency Regimes," International Program Papers, 2017.

M. Kurpad, "Formulating an Effective Cross-Border Insolvency Framework under the Indian Insolvency and Bankruptcy Code," SSRN, 2020.

M. Lad-Gudhate, "Cross-Border Insolvency," Chartered Secretary, 2023.

L. M. LoPucki, "The Case for Cooperative Territoriality in International Bankruptcy," Michigan Law Review, 2000.

Rout, "Universalism v. Territorialism: A Plethora of Issues in Cross Border Insolvency across Jurisdictions and Local Laws," Indian Journal of Law and Legal Research, 2021.

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Published

2024-06-13

How to Cite

Karri, D. H. K., Ramachandran, N., & Reddy, D. P. S. (2024). Global Financial Resilience: Assessing Opportunities and Challenges in Cross-Border Insolvency under the Paradigms of Universalism and Territorialism. International Journal of Innovative Research in Engineering and Management, 11(3), 60–64. Retrieved from http://ijirem.irpublications.org/index.php/ijirem/article/view/38

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