Lucian Bebchuk and Andrew Guzman, "An Economics Analysis of Transnational Bankruptcies, " 42 The Journal of Law and Economics 775-808 (1999).


This paper analyzed the effects of the legal rules governing transnational bankruptcies. We compare a regime of "territoriality"-in which assets are adjudicated in a single jurisdiction. Territoriality is shown to generate a distortion in investment patterns that might lead to an inefficient allocation of capital across countries. We also analyze who gains and who loses from territoriality, explain why countries engage in it even though it reduces global welfare, and identify what can be done to achieve universality.


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