Three Paradigm Shifts in Recent Bank Insolvency Law is the title of my latest article, with Matthias Haentjens as co-author. It will be published in (2016) 31 Journal of International Banking Law and Regulation, pp. 396-400.
See its proof-print as attachment. haentjens_wessels_2016_jiblr_issue_7_press_proof.pdf
We identify three paradigm shifts underlying recent developments in bank insolvency law. The ‘new normal’ of bank insolvency law is characterised by public interest considerations taking precedence, by non-judicial control of bank resolution, and by a supra-national approach.