The UNCITRAL Model Law on Cross-border Insolvency and its Potential Role in Upholding the Rule of Law

Deane, Felicity & Mason, Rosalind (2015) The UNCITRAL Model Law on Cross-border Insolvency and its Potential Role in Upholding the Rule of Law. UNICITRAL. [Working Paper]

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Abstract

The rule of law is understood to be a core aspect in achieving a stable economy and an ordered society. Without the elements that are inherent in this principle the possibilities of anarchy, unfairness and uncertainty are amplified, which in turn can result in an economy with dramatic fluctuations. In this regard, commentators do not always agree that the rule of law is strictly adhered to in the international legal context. Therefore, this paper will explore one aspect of international regulation and consider whether the UNCITRAL Model Law on Cross-border Insolvency (1997) (‘Model Law’) and its associated Guide to Enactment and Interpretation (2013) contribute to the promotion of the key elements of the rule of law.

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ID Code: 92392
Item Type: Working Paper
Refereed: No
Additional URLs:
Keywords: International Trade Law, Cross-Border Insolvency, Micro, Small and Medium Enterprise (MSME), Access to Justice
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
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 > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 28 Jan 2016 00:40
Last Modified: 28 Jan 2016 00:40

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