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establishment of an international body for administering transnational insolvency proceedings. It further addresses the UNCITRAL …
Persistent link: https://www.econbiz.de/10014057179
judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act … 1933. This is because the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies to foreign insolvency judgments …. Where the 1933 Act applies, section 426 of the Insolvency Act 1986 and the common law cannot enforce foreign insolvency …
Persistent link: https://www.econbiz.de/10013124820
the United States Bankruptcy Code. Our goal is to foster and assist the development of effective insolvency regimes in the …
Persistent link: https://www.econbiz.de/10013130346
In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 … lack of appreciation of the different functions performed by the COMI concept under the CBIR and the EC Insolvency …
Persistent link: https://www.econbiz.de/10013155207
insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on …
Persistent link: https://www.econbiz.de/10014216751
The UK Cross-Border Insolvency Regulations 2006 (CBIR) permits discretionary relief in the form of applying foreign … insolvency law. There is no convincing common-law objection to the application of foreign law.The ability to apply foreign law … the UNCITRAL Model Law on Cross-Border Insolvency …
Persistent link: https://www.econbiz.de/10013149492
While conceding that CSR has the potential to address the fallouts from Corporate Capitalism, this paper argues that rather than the suspicion of law and regulation that have tended to shape the debate and the voluntarism that has dominated the discourse, a proper understanding of the role of...
Persistent link: https://www.econbiz.de/10012776528
In the legislation of countries in the system of ″common law″, the commission contract is brought under regulation differently, depending on the principle that has been adopted, regarding the extent to which it is permitted the establishment of certain legal effects in the relationships...
Persistent link: https://www.econbiz.de/10013085451
Communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of environmental human rights. However, some scholars have expressed skepticism about the environmental human rights project. First, they remind us that...
Persistent link: https://www.econbiz.de/10013000277
It was Robert Nozick who, distinguishing the classical Liberal ‘night-watchman state' which protected citizens against violence and enforced contracts on their behalf, conjured instead the ‘ultraminimal state' in which the task of the state is confined to the monopolisation of violence...
Persistent link: https://www.econbiz.de/10012922464