Rethinking cross-border insolvency and rescue law theory: towards a better understanding of European harmonisation

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dc.check.embargoformatEmbargo not applicable (If you have not submitted an e-thesis or do not want to request an embargo)en
dc.check.infoNot applicableen
dc.check.opt-outYesen
dc.check.reasonThis thesis is due for publication or the author is actively seeking to publish this materialen
dc.check.typeNo Embargo Required
dc.contributor.advisorLynch Fannon, Ireneen
dc.contributor.authorGhio, Emilie
dc.date.accessioned2019-04-17T11:22:08Z
dc.date.available2019-04-17T11:22:08Z
dc.date.issued2018
dc.date.submitted2018
dc.description.abstractThis thesis argues for the need to rethink cross-border insolvency and rescue law theory, in light of current European Union (EU) regulatory developments in this policy area. It disputes the theoretical and normative value of the traditional framework in which cross-border insolvency and rescue law is construed especially in the current Eurosceptical political context. This thesis contends that cross-border insolvency and rescue law theory should no longer be centred around the outdated and sterile theoretical debate on universalism and territorialism. Rather, it suggests that the recent EU regulatory developments have produced a new framework in which cross-border insolvency and rescue law should be construed. This new paradigm-shifting framework revisits the concept of legal harmonisation in the context of the EU objective of integrating the European Single Market. This thesis introduces a new understanding of “harmonisation” and presents the regulatory methods and instruments it encompasses. The research uses the specific field of cross-border insolvency and rescue law as a case study to gather empirical findings, which provide insight into the regulatory objectives and approaches used by the EU when building the Single Market. Following the findings of the case study, the thesis develops a new theory which helps to understand and assess EU initiatives in the policy area of business failure, but which can also be used as a model in other policy areas. This thesis ultimately argues in favour of an abandonment of the strict understanding of harmonisation, as synonymous with uniformity. Instead, the new theory assigns a new, pragmatic and flexible meaning and scope to the concept of legal “harmonisation”, which is understood as encompassing diverse regulatory methods, such as convergence, reflexive harmonisation and approximation, which all contribute to the achievement of the economic and political goals of the EU.en
dc.description.statusNot peer revieweden
dc.description.versionAccepted Version
dc.format.mimetypeapplication/pdfen
dc.identifier.citationGhio, E. 2018. Rethinking cross-border insolvency and rescue law theory: towards a better understanding of European harmonisation. PhD Thesis, University College Cork.en
dc.identifier.urihttps://hdl.handle.net/10468/7778
dc.language.isoenen
dc.publisherUniversity College Corken
dc.rights© 2018, Emilie Ghio.en
dc.rights.urihttp://creativecommons.org/licenses/by-nc-nd/3.0/en
dc.subjectInsolvencyen
dc.subjectRestructuringen
dc.subjectEU Lawen
dc.subjectHarmonisationen
dc.subjectLegal theoryen
dc.subjectLawen
dc.thesis.opt-outtrue
dc.titleRethinking cross-border insolvency and rescue law theory: towards a better understanding of European harmonisationen
dc.typeDoctoral thesisen
dc.type.qualificationlevelDoctoralen
dc.type.qualificationnamePhDen
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