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Cross-border insolvency and legal transnationalisation

Mason, Rosalind F. (2012) Cross-border insolvency and legal transnationalisation. International Insolvency Review, 21(2), pp. 105-126.

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Abstract

The last twenty years have seen an explosion of approaches for dealing with an inevitable consequence of globalised markets, that of cross-border insolvencies. This article places phenomena such as the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-border Insolvency and Cross-border Insolvency Agreements (also known as Protocols) within the context of developing laws on international commercial transactions. First it briefly describes the evolution of the international commercial law (sometimes known as the law merchant) to provide a context to understanding the international commercial responses to the problems created by cross-border insolvencies. Next, it outlines the range of approaches being adopted by States and multilateral bodies in recent decades to resolve cross-border insolvency issues. Finally it draws some preliminary conclusions on the potential implication of this transnationalisation process and broader international commercial law perspective, in particular on the capacity of Cross-Border Insolvency Agreements to address cross-border insolvency issues.

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ID Code: 54344
Item Type: Journal Article
Additional URLs:
Keywords: insolvency, globalised markets, cross-border insolvency, international trade law, international commercial transactions
DOI: 10.1002/iir.1199
ISSN: 1099-1107 (online) 1180-0518 (print)
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Trade Law (180117)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2012 John Wiley & Sons, Ltd.
Deposited On: 29 Oct 2012 08:12
Last Modified: 30 Oct 2012 09:11

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