M. Konrad Borowicz
Assistant Professor | Tilburg University
Beyond my main interest in banking and securities markets regulation, in my research, I look at the interaction of financial regulation with 1) various areas of private law, such as contract and bankruptcy law, 2) competition and data protection law and public law more generally and 3) regulation in sectors other than finance, in particular energy, sustainability, and technology.
In the first research area, I am mainly interested in the ways in which the law shapes creditor protections in ways that are economically significant but remain neglected in financial regulation. Here, examples of relevant topics include the procyclicality of creditor protections and the regulatory function of contracts.
In the second research area, I am interested in the potential conflicts between the logic of financial regulation and that of public law. Here, topics include considerations of competition in the industrial organization of financial markets and the legal ramifications of the so-called open finance initiatives.
Finally, in the third research area, I seek to capture the ever-expanding domain of financial regulation into sectors such as energy, environment, or technology. Here, relevant topics include the application of (the logic of) financial regulation to the trading of energy derivatives, as well as various topics in environmental, and social governance (ESG) as well as financial technology (FinTech).
International Insolvency Law Review 31(3) 2022, pp. 343-362
University of Pittsburgh Law Review 83(4) 2022
Review of Banking and Financial Law 41 (1), 2021-2022
Capital Markets Law Journal 16(1) 2021, pp. 72-94
In recent years transnational private regulators have emerged and multiplied. In this book, experts from various academic disciplines offer empirically grounded case studies and theoretical insights into the evolution and resilience of these bodies through crises. Transnational private regulators display considerable flexibility if compared to public institutions both in exercising their rule-making functions and adapting and transforming in light of endogenous or exogenous crises events calling for change. The contributors identify such events and reflect on their impact on transnational private rule-makers. This edited volume covers important areas of global production and finance that are associated with private rule-making and delves into procedural, substantive and practical elements of private rule-making processes. At a policy level, the book provides comparisons among practices of private bodies in various areas, allowing for important lessons to be drawn for all public and private stakeholders active in, or affected by, private and public rule-making. This title is Open Access.