Rethinking priority: The dawn of the relative priority rule and the new “best interests of creditors” test in the European Union

Purpose The purpose of this study is to identify, based on social network theory, the relationship between the direction of international migration (immigration/emigration) and the international movement of enterprises and their location. Design/methodology/approach A traditional gravity model and the Tobit estimation method are applied to three groups of countries from three different regions: Latin America, North America and the European Union. The study considers a period from 2001 to 2012. Findings The main results suggest that the international migration that goes from the European Union and North America to Latin America is related with the firms’ internationalization and their respective location. Practical implications Given that migration can be an important and reliable source of information, trust and knowledge, managers should see it as a “bridge” between the home and host countries, which, in turn, can increase their competitive advantage. Social implications Governments can learn how migration and outward foreign direct investment interact. In addition, they could develop political frameworks to accurately and effectively manage international migration (immigration and emigration) and FDI in the best interests of the stakeholders. Originality/value This study extends the social network theory by suggesting that networks are not only related with firms’ expansion abroad but as well with their location. This statement could be generalizable as long as emigration/networks (ethnic ties) are considered the links between the home and the host country.

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The Imminent Distortion of European Insolvency Law: How the European Union Erodes the Basic Fabric of Private Law by Allowing ‘Relative Priority’ (RPR)

SSRN Electronic Journal ◽

10.2139/ssrn.3350375 ◽

2019 ◽

Cited By ~ 2

Author(s):

Roelf Jakob de Weijs ◽

Aart Lambertus Jonkers ◽

Maryam Malakotipour

Keyword(s):

European Union ◽

Private Law ◽

The European Union ◽

Insolvency Law ◽

Relative Priority

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Welfare and legal aspects of making decisions on medical treatments of pet animals

Pravo - teorija i praksa ◽

10.5937/ptp2004055p ◽

2020 ◽

Vol 37 (4) ◽

pp. 55-64

Author(s):

Nikola Puvača ◽

Britt Chantal

Keyword(s):

European Union ◽

Legal Aspects ◽

Best Interests ◽

The European Union ◽

Parental Responsibility ◽

Medical Decisions ◽

Medical Treatments ◽

Ethical Frameworks ◽

Legal Challenge ◽

Made In

When it comes to humans and the necessity for their young ones' medical treatments, the parental responsibility is crucial. The decisions made by parents involve the legal aspects as well as welfare aspects, respectively. Pet animals are usually classified as property in the European Union, but pets are the same as kids regarding medical treatments and illnesses or diseases. In that case, the decisions are made by their owners, posing a legal challenge only if the proposed treatment can trigger damage or needless pain, as defined by the Law on pet animals' welfare. In this article, there will be discussed the best interests both in legal and welfare aspects of decisions being made in the medical treatments of the pets by their owners. Reaching the choice of pets' medical treatments will primarily be focused on pets protection and welfare avoiding unnecessary pain, which is in the pets` best overall welfare interests. While the Statute law is not a mandatory one considering the pets' best interests, this article might be a useful resource for professional veterinarians and practitioners. At the same time, this article regards of the best interests of the pets and it can be integrated into the existing ethical frameworks for making medical decisions and more humane treatment of pet animals.

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The Best Interests of the Child in eu Family Reunification Law: A Plea for More Guidance on the Role of Article 24(2) Charter

European Journal of Migration and Law ◽

10.1163/15718166-12340007 ◽

2017 ◽

Vol 19 (2) ◽

pp. 191-218

Author(s):

Mark Klaassen ◽

Peter Rodrigues

Keyword(s):

European Union ◽

Case Law ◽

Family Reunification ◽

Fundamental Rights ◽

Best Interests ◽

The European Union ◽

Charter Of Fundamental Rights ◽

International Obligations ◽

The Right

The best interests of the child should be a primary consideration in all actions concerning children. This cornerstone of international children’s rights has been codified in Article 24(2) of the Charter of Fundamental Rights of the European Union. In eu family reunification law, the best interests of the child are mentioned in Directive 2003/86/ec on the right to family reunification. However, in the case law of the Court of Justice of the European Union, this concept is not systematically applied in the various types of family reunification cases. In this contribution it is argued that, although the contexts of family reunification cases may be different, from the perspective of the diverse international obligations of the Member States, it would be preferable if the Court systematically involved the best interests of the child concept in all family reunification cases.

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