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The Future of ASEAN Bank Resolution—Lessons from the European Experience

In: The Financial Trilemma and Cross-border Bank Crisis Management in ASEAN

Author

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  • Wassamon Kun-amornpong

    (Thammasat University)

Abstract

Chapter 3 examines the challenges of cross-border bank resolution in ASEAN, focusing on the limitations of hard-law regimes. Drawing lessons from the EU’s experience, it highlights how such frameworks can be hindered by jurisdictional complexities. The chapter explores the complementary role of soft laws and government networks in addressing these challenges. In particular, it discusses the ISDA protocols, which promote contractual consistency among market participants while leaving ultimate authority to national courts. In the ASEAN context, the analysis shows that member states rely primarily on horizontal networks, such as supervisory colleges, to manage cross-border bank resolution. However, the absence of harmonised rules can create legal uncertainty. Divergent national laws and the lack of a unified regional framework further complicate effective cross-border bank resolution. The chapter underscores that without greater cooperation and coordination, ASEAN risks significant inefficiencies during financial crises.

Suggested Citation

  • Wassamon Kun-amornpong, 2025. "The Future of ASEAN Bank Resolution—Lessons from the European Experience," Springer Books, in: The Financial Trilemma and Cross-border Bank Crisis Management in ASEAN, chapter 0, pages 77-117, Springer.
    • Handle: RePEc:spr:sprchp:978-981-95-0512-8_3
    DOI: 10.1007/978-981-95-0512-8_3
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