n Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg - Staatsbankrott Als Rechtsfrage, Kai von Lewinski (Ed.) : boekbespreking

Volume 2012, Issue 1
  • ISSN : 0257-7747


This book deals with the most pertinent issues concerning the financial crises currently experienced in the Euro zone in Greece, Ireland and Portugal and in particular with the fact that the European as well as the German constitutional laws were not equipped to deal with the financial crises of individual states. Although the relevant constitutional laws are not equipped to deal with the financial problems of states (in the sense of sovereign states), German insolvency laws in particular are very well equipped to deal with financial crises experienced by the public sector (). In the German federal system the 2009 reforms made it possible to deal appropriately with those federal states which were unable to deal with their own financial affairs in a proper way. The same can be seen in the developments at the European level where certain assistance packages were developed to try and deal with the crisis as it enfolded. This book contains a number of papers that were presented at a conference held in Berlin in April 2011 that dealt with particularly these aspects and the legal question: how does one deal with a state that is bankrupt. The emphasis for most of the contributions is on the position as governed by German law but the insights of the authors can in general be quite helpful in other jurisdictions as well.

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