By Paul J. Omar
Overseas insolvency is a newly-established department of the examine of insolvency that owes a lot to the phenomenon of cross-border incorporations and the behavior of industrial in additional than one jurisdiction. it's mostly the offspring of globalisation and consists of taking a look at either legislations and financial ideas. This publication is a compendium of essays through eminent teachers and practitioners within the box, who hint the advance of the topic, supply an account of the affects of economics, felony historical past and personal foreign legislations and chart its dating with finance and defense concerns in addition to the significance of industrial rescue as a phenomenon. in addition, the essays learn how foreign tools brought in recent times functionality in addition to how the topic itself is consistently being innovated via being faced through the demanding situations of different components of legislation with which it turns into entangled.
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Extra info for International Insolvency Law (Markets and the Law)
Example text
Like most constitutional conflicts, it arose from a more direct clash of interests, in this case between commercial and agrarian interests, with the latter fearing the ability of the former to expropriate their property (essentially their farms) and the hard work that had gone into working the land. For commercial interests, of course, a Federal Bankruptcy Act would remove state borders, and, perhaps even more significantly, state laws. The former could impede an attempt to follow a debtor and his assets in pursuit of the repayment of a loan, and the latter might raise legal obstacles by way of a clash of legal systems between those of the state of the creditor and the debtor, thereby complicating the creditor’s lawsuit for judgment against the debtor.
23 54, 151 126 242 141 Occupational and Personal Pension Schemes (Bankruptcy) (No 2) Regulations 2002 (SI 2002/836) 153 (iv) Statutory Instruments: Devolved Debt Arrangement Scheme (Scotland) Regulations 2004 (SSI 2004/468) Regulation 22(1) Regulation 26(1) 143 143 Debt Arrangement Scheme (Scotland) Amendment Regulations 2007 (SSI 2007/262) 149 United States Banking Act 1933 228 International Insolvency Law: Themes and Perspectives xxxvi Bankruptcy Act 1800 16, 18 Bankruptcy Act 1841 16 Bankruptcy Code 1978 Chapter 7 Chapter 11 Chapter 13 Chapter 15 s101 s109 s301 s303 s304 s304(c) s365(n) s507(a)(4) s523 s706 s706(a) s727 s727(8) s1112 s1112(b) s1113 73, 90, 94-95, 147, 169 23-25, 37, 84, 90-91, 93-95, 99, 105, 112-113, 118, 122, 326-327 170 54 90 90 90, 93 90, 93 51 51 395 309 147 95 95 147 147 95 90 327 Employee Retirement Income Security Act 1974 s4041 (29 USC §1341) s4042 (29 USC §1342) s4042a (29 USC §1342a) 326 327 327 327 Federal Deposit Insurance Act 1950 s1821(d)(11)(ii)) 229 Tax Code s401(k) 324 Table of International Materials Civil Liability Convention of 29 November 1969 337 Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 27 September 1968 (Brussels Convention) 55 Convention on the Protection and Use of Transboundary Watercourses and International Lakes of 17 March 1992 Article 2(5) 344-345 Convention on the Protection of the Marine Environment of the Baltic Sea Area of 9 April 1992 Article 3(4) 344 European Convention on Certain International Aspects of Bankruptcy of 5 June 1990 (Istanbul Convention) 52, 55, 186 European Bankruptcy Convention of 23 November 1995 174, 176-177 Hague Convention on Choice of Court Agreements of 30 June 2005 54 International Convention on Oil Pollution Preparedness, Response and Cooperation of 30 November 1990 Preamble 345 345 ILO Protection of Wages Convention (Convention 95 of 1949) Article 11 302 ILO Protection of Workers’ Claims (Employer’s Insolvency) Convention (Convention 173 of 1992) 271, 273, 277-278 Part II 271, 277, 280, 285, 288, 290-291 Part III 271-272, 285, 290 Article 5 271 Article 6 271, 302 Article 7 272, 287 Article 8 272 Article 9 272 Article 12 272, 302 xxxviii International Insolvency Law: Themes and Perspectives ILO Termination of Employment Convention (Convention 158 of 1982) Article 11 302 Lugano Convention of 16 September 1988 342 Southern African Development Community Code on HIV and Employment 1997 268 Southern African Development Community Charter of Fundamental Social Rights of 26 August 2003 Article 4 Article 6 Article 7 Article 8 Article 9 Article 10 Article 13 267-268, 270 267 267 267 267 267 267 267, 270 Southern African Development Community Draft Code on Social Security 2004 268 Southern African Development Community Treaty of 17 August 1992 Article 5 267 UNCITRAL Model Law on Cross-Border Insolvency of 30 May 1997 Article 1(2) Article 2(b) Article 16(3) Article 17(2) Article 19 Article 19(2) Article 20 Article 20(2) Article 20(3) Article 20(4) Article 25 Article 28 Article 29 29, 52, 59, 151 55 56 56, 58 56 56 56 57 57 56 57 57 57 57 Editorial Preface Insolvency is a subject that has gained considerable standing as an object of academic study and professional attention since its beginnings as an offshoot of company law or, in the case of the bankruptcy of individuals, procedural law affecting claims in relation to debt or the estates of natural persons.
These choices can, in turn, be influenced by quite different conceptions of the condition of bankruptcy. Until comparatively recently in the United Kingdom, for example, a popular conception of bankruptcy was of a system comprising two very different evils. First, from the debtor’s point of view, the misery and degradation of enslaving debt, coupled with imprisonment in inhuman conditions, the destruction of family life and so on. The second evil, from the creditor’s point of view, was of a system which enabled, indeed encouraged, fraud on the part of unscrupulous debtors making it impossible to recover debts, even where assets were available.