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The focus of the study concerns specific issues of cross-border insolvencies under the recast of the Insolvency Regulation which already has been prepared by a large part of the contributing authors in the Heidelberg-Vienna-Luxembourg Report. The study is comprised of three major topics: 1. The Regulation's extended scope of application, including pre-insolvency and hybrid proceedings, the relationship between Article 1(1) of the Regulation and its Annex A, as well as the interplay between the Insolvency Regulation and the Brussels Ibis Regulation; 2. The cooperation between main and secondary insolvency proceedings, the new instruments, such as "synthetic proceedings", destined to avoid or postpone the opening of secondary proceedings, further the cooperation between administrators and courts of different proceedings as well as protocols to enhance cooperation; 3. Insolvencies of groups of companies, with a particular focus on jurisdiction, COMI-migration, "group coordination proceedings" and other instruments of coordination.
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The Asian Financial Crisis dramatically illustrated the vulnerability of financial markets in emerging, transitional, and advanced economies. In response, international organizations insisted that legal reforms could help protect markets from financial breakdowns. Sitting at the nexus between the legal system and the market, corporate bankruptcy law ensures that the casualties of capitalism are treated in an orderly way. Halliday and Carruthers show how global actors—including the IMF, World Bank, UN, and international professional associations—developed comprehensive norms for corporate bankruptcy laws and how national policymakers responded in turn. Drawing on extensive fieldwork in China, Indonesia and Korea, the authors reveal how national policymakers contested and negotiated domestic laws in the context of global pressures. The first study of its kind, this book offers a theory of legal change to explain why global/local tensions produce implementation gaps. Through its analysis of globalization, this book has lessons for international organizations and developing and transition economies the world over.
Bankruptcy. --- Bankruptcy --- Financial crises. --- Crashes, Financial --- Crises, Financial --- Financial crashes --- Financial panics --- Panics (Finance) --- Stock exchange crashes --- Stock market panics --- Crises --- Cessio bonorum --- Insolvency --- Privileged debts --- Business failures --- Commercial law --- Debt --- International cooperation. --- Law and legislation --- Financial crises --- 347.736 --- AA / International- internationaal --- International cooperation --- wetgeving i.v.m. faillissementen. Uitstel van betaling --- Bankruptcy - International cooperation
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This book offers a path-breaking, empirically-grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to health/access to medicines, human trafficking, criminal accountability of political leaders).
Rule of law --- Law --- International trade --- Foreign trade regulation --- Bankruptcy --- International unification --- International cooperation --- Rule of law. --- International trade. --- Foreign trade regulation. --- LAW / General. --- International unification. --- International cooperation. --- Law / general. --- Harmonization of law, International --- International harmonization of law --- International unification of law --- International uniform law --- Unification of law, International --- Uniform law, International --- Supremacy of law --- Administrative law --- Constitutional law --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- External trade --- Foreign commerce --- Foreign trade --- Global commerce --- Global trade --- Trade, International --- World trade --- Commerce --- International economic relations --- Non-traded goods --- Cessio bonorum --- Insolvency --- Privileged debts --- Business failures --- Commercial law --- Debt --- Law and legislation --- Law - International unification --- Bankruptcy - International cooperation
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