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A flow-on effect of the lack of an effective legal insolvency system is often the lack of will to enforce recovery and restructuring. The lack of will to drive recovery can be a result of: x Not normal business practice x Personal physical risk x Perception that legal rights are ineffective x Risk of personal liability for losses for some state bank employees Commonly coupled with these problems is a failure of the judiciary either in terms of the knowledge and experience of the court systems or their overall effectiveness.

The extensive experiences of advanced nations and experimentation in developing and transitional countries show that a fully-defined system comprises many elements that extend all the way from pure state entities through the market and out into civil society (cf. Figure 1). If governments are the ultimate risk managers, they are more likely to meet with success in lawmaking and implementation when their design of the systems views all parts in relation to the whole. Perhaps the most fundamental institutional issue is the policy decision about the appropriate line of demarcation between risk management processes located within the state and those located primarily within the market.

We have argued that there are many pragmatic reasons to situate an IRM system inside the parameters of global norms, not least that they represent a distillation of expertise and experience from many situations. The universality of the global, however, must be converted into the particularity of the local. Lack of understanding of what will be legitimate and meaningful and practical in the unique circumstances of a particular country, will lead system designers into a morass which breeds uncertainty and confusion.

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