Juristische Fakultät

The Role of the State and Financial Stability - Towards an Incentive-Compatible Regulatory Environment

Since the global financial crisis of 2007-9, international standard-setters, legislators and regulators world-wide have engaged in a major overhaul of the pre-crisis regulatory framework for banks, insurance and investment companies, and securities markets. TRIDEA examines the role of law and regulations in creating resilient, sustainable banking and securities markets, with a strong focus on the on-going regulation and restructuring regimes for banks, non-bank financial institutions, and financial market infrastructures.

Representative recent works include:

  • Jens-Hinrich Binder and Paolo Saguato (eds.), Financial Market Infrastructures: Law and Regulation (Oxford University Press, 2021, forthcoming)
  • Jens-Hinrich Binder, Central Counterparties' Insolvency and Resolution: The EU Perspective, in: Binder and Saguato, ibid. (forthcoming - preprint available as EBI Working Paper [...])
  • Jens-Hinrich Binder, The Relevance of the Resolution Tools Within the SRM, in: V. Santoro andM.P. Chiti (eds.), The Palgrave Handbook on European Banking Union Law (London: Palgrave Macmillan, 2019), pp. 299-320 (preprint available as EBI Working Paper no 29, https://ssrn.com/abstract=3274520)
  • Jens-Hinrich Binder, Cross-border coordination of bank resolution in the EU: all problems resolved?, in: M. Haentjens (ed.), Research Handbook on Cross-border Bank Resolution (Cheltenham: Edward Elgar Publishing, 2019), pp. 30-56
  • Jens-Hinrich Binder, Resolution Regimes in the Financial Sector: In Need of Cross-sectoral Regulation?, in: V. Colaertm, D. Busch and Th. Incalza (eds.), European Financial Regulation: Levelling the cross-sectoral playing field (London: Bloomsbury Hart, 2019), pp. 227-243 (preprint available as EBI Working Paper no. 33, https://ssrn.com/abstract=3346455)
  • Jens-Hinrich Binder, Maria Nieto, Mike Krimminger and Dalvinder Singh,  The choice between judicial and administrative sanc-tioned procedures to manage liquidation of banks: a transatlantic perspective, in: Capital Markets Law Journal 14 (2019), 176-216 (preprint available at https://ssrn.com/abstract=3244334)
  • Jens-Hinrich Binder, Bank bail-in and disputed claims: Can it cope? The case for and against a vis attractiva resolutionis, in: Journal of Banking Regulation 21 (2020), 54-63 (preprint available as EBI Working Paper no. 32, https://ssrn.com/abstract=3325882)
  • Jens-Hinrich Binder, Transnational Fiduciary Law in Financial Intermediation: Are We There Yet? A Case Study in the Emergence of Transnational Legal Ordering, in: UC Irvine Journal of Inter-national, Transnational, and Comparative Law 5 (2020), 85-111
  • Jens-Hinrich Binder, Proportionality at the resolution stage: Calibration of resolution measures and the public interest test, in: EBOR 21 (2020), 453-474 (preprint available at https://ssrn.com/abstract=2990379).