scholarly journals The Rise of Covenant-lite Lending and Implications for the UK’s Corporate Insolvency Law Toolbox

2019 ◽  
Vol 39 (3) ◽  
pp. 654-680
Author(s):  
Sarah Paterson

Abstract This article is, so far as the author is aware, the first to examine in detail the implications of the explosion of covenant-lite loans for English corporate insolvency law. Covenant-lite loans lack certain early warning mechanisms that have traditionally been found in loans to heavily indebted borrowers. Concerns about the implications of covenant-lite loans have been raised in the broadcast and print media, and by economists and central banks in England and the United States. This is an issue that matters to us all. This article argues that covenant-lite lending means that lenders and borrowers may start restructuring negotiations when the scale of the distress is acute, implicating operational and financial liabilities. It provides a detailed analysis of the additional corporate insolvency law tools which may be needed as a result, and explains why this analysis is relevant for the detailed working out of current corporate insolvency law reform proposals.

2018 ◽  
Vol 42 ◽  
pp. 256-265
Author(s):  
Konstantin V. Simonov ◽  
Stanislav P. Mitrakhovich

The article examines the possibility of transfer to bipartisan system in Russia. The authors assess the benefits of the two-party system that include first of all the ensuring of actual political competition and authority alternativeness with simultaneous separation of minute non-system forces that may contribute to the country destabilization. The authors analyze the accompanying risks and show that the concept of the two-party system as the catalyst of elite schism is mostly exaggerated. The authors pay separate attention to the experience of bipartisan system implementation in other countries, including the United States. They offer detailed analysis of the generated concept of the bipartisanship crisis and show that this point of view doesn’t quite agree with the current political practice. The authors also examine the foreign experience of the single-party system. They show that the success of the said system is mostly insubstantial, besides many of such systems have altered into more complex structures, while commentators very often use not the actual information but the established myths about this or that country. The authors also offer practical advice regarding the potential technologies of transition to the bipartisan system in Russia.


2010 ◽  
Vol 17 (4) ◽  
pp. 305-323 ◽  
Author(s):  
Zhiwei Xiao

AbstractNo serious study has been published on how Chinese filmmakers have portrayed the United States and the American people over the last century. The number of such films is not large. That fact stands in sharp contrast not only to the number of "China pictures" produced in the United States, which is not surprising, but also in contrast to the major role played by Chinese print media. This essay surveys the history of Chinese cinematic images of America from the early twentieth century to the new millennium and notes the shifts from mostly positive portrayal in the pre-1949 Chinese films, to universal condemnation during the Mao years and to a more nuanced, complex, and multi-colored presentation of the last few decades.


2021 ◽  
Vol 22 (5) ◽  
pp. 833-846
Author(s):  
Tatjana Hörnle

AbstractThe article describes the #MeToo-movement in the United States and Germany and discusses the merits and problems of this social phenomenon. It highlights the fact that some features of #MeToo (blaming and sanctioning wrongdoers) resemble those of criminal punishment and thus require careful justification. In the final part, the author examines the impact of the #MeToo-movement on criminal law reform.


2021 ◽  
Vol 17 (3) ◽  
Author(s):  
Gregory Winger

Abstract In 2016, Philippine President Rodrigo Duterte pledged to radically reorient Philippine foreign policy by separating from Manila's longtime ally the United States. Yet, this vaunted break with America has failed to manifest. Joint US–Philippine military activities have continued with President Duterte even singing the praises of his American partners. To understand how this about-face in Manila occurred, I conducted a detailed analysis of the first eighteen months of the Duterte administration. Drawing on primary sources and interviews with government officials from both countries, I argue that the continued vitality of the US–Philippine alliance stems not from disenchantment with China nor personal relationship between Duterte and Trump, but rather from an underlying institutional affinity engendered over decades of defense cooperation. Specifically, institutionalized cooperation within the alliance has cultivated a strong reservoir of support for the alliance within key institutions inside the Philippine government. This case not only highlights the development of the Duterte administration but also illustrates the wider ability of alliances to weather political discord by cultivating support within national bureaucracies.


1953 ◽  
Vol 5 (2) ◽  
pp. 133-167
Author(s):  
S. Bernard

The advent of a new administration in the United States and the passage of seven years since the end of World War II make it appropriate to review the political situation which has developed in Europe during that period and to ask what choices now are open to the West in its relations with the Soviet Union.The end of World War II found Europe torn between conflicting conceptions of international politics and of the goals that its members should seek. The democratic powers, led by the United States, viewed the world in traditional, Western, terms. The major problem, as they saw it, was one of working out a moral and legal order to which all powers could subscribe, and in which they would live. Quite independently of the environment, they assumed that one political order was both more practicable and more desirable than some other, and that their policies should be directed toward its attainment.


Balcanica ◽  
2019 ◽  
pp. 245-259
Author(s):  
Maxim Vasiljevic

The present study gives us an opportunity to look at the Christian heritage that the Serbian immigrants brought to the new land of Americas through the examples of Mihailo Pupin and Nikolai Velimirovic, Bishop of Zica, since these two names are indelibly inscribed in the history of the so-called Serbica Americana. The paper is divided into two sections dealing specifically with their Serbianism and Americanism to show that a distribution of love and loyalty between their native and adopted country functioned in a fruitful way. Based on a detailed analysis of their writings, the author suggests that Serbians and Americans remember Pupin and Velimirovic because they enjoy the benefits of their remarkable contributions. The following aspects of Pupin?s and Nikolai?s lives are examined: their deep concern with the fate of Serbia during and after the First World War; their leading roles among the Serbs in the United States through their assistance in establishing Serbian churches and communities, through their scholarship funds, philanthropic work, etc. Their genuine care for Serbia and Serbs was in no way an obstacle in their adjustment to their adopted country.


2018 ◽  
Vol 43 (1) ◽  
pp. 56-99 ◽  
Author(s):  
James M. Acton

Nonnuclear weapons are increasingly able to threaten dual-use command, control, communication, and intelligence assets that are spaced based or distant from probable theaters of conflict. This form of “entanglement” between nuclear and nonnuclear capabilities creates the potential for Chinese or Russian nonnuclear strikes against the United States or U.S. strikes against either China or Russia to spark inadvertent nuclear escalation. Escalation pressures could be generated through crisis instability or through one of two newly identified mechanisms: “misinterpreted warning” or the “damage-limitation window.” The vulnerability of dual-use U.S. early-warning assets provides a concrete demonstration of the risks. These risks would be serious for two reasons. First, in a conventional conflict against the United States, China or Russia would have strong incentives to launch kinetic strikes on U.S. early-warning assets. Second, even limited strikes could undermine the United States' ability to monitor nuclear attacks by the adversary. Moreover, cyber interference with dual-use early-warning assets would create the additional danger of the target's misinterpreting cyber espionage as a destructive attack. Today, the only feasible starting point for efforts to reduce the escalation risks created by entanglement would be unilateral measures—in particular, organizational reform to ensure that those risks received adequate consideration in war planning, acquisition decisions, and crisis decisionmaking. Over the longer term, unilateral measures might pave the way for more challenging cooperative measures, such as agreed restrictions on threatening behavior.


Author(s):  
John Kenneth Galbraith ◽  
James K. Galbraith

This chapter examines the impact of the Federal Reserve System on money and banking in the United States. The Federal Reserve System was created in 1913 by virtue of the Federal Reserve Act passed by Congress and signed by President Woodrow Wilson. The Federal Reserve Act (1913) provided not for one but for as many as twelve central banks. It was conceived as an answer to the great panics, but in this respect the System was notably defective. Nor was the System better as an antidote for an alarming epidemic of bank failures. Furthermore, the most severe inflation ever in peacetime occurred under its watch. The chapter considers the successes and failures of the Federal Reserve System and looks at another body established to study the management of money in the United States: the National Monetary Commission.


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