The Debiasing Role of the Cross-Border Insolvency System

2018 ◽  
Author(s):  
Irit Mevorach
Keyword(s):  
International Law ◽  
Law And Economics ◽  
Optimal Solutions ◽  
Insolvency Law ◽  
Cross Border ◽  
System P ◽  
The Cross ◽  
Decision Making Biases ◽  
Do So

This chapter explores what the reasons for deviating from modified universalism in practice may be. To do so, it draws on behavioural international law and economics. The chapter argues that certain decision-making biases may play a role in cross-border insolvency and can explain both negative inclinations and instances of lack of cooperation, as well as the relative success of modified universalism. The key argument here is that instead of yielding to territorial inclinations, cross-border insolvency law has a debiasing role to play. It should attempt to align choices with optimal solutions, overcoming biases, and should also close gaps in the cross-border insolvency system in line with modified universalism.

Sounds without borders: Exploring the cross-national expansion of commercial European Radio Groups

2021 ◽  
pp. 026732312110121
Author(s):  
Montse Bonet ◽  
David Fernández-Quijada
Keyword(s):  
Political Economy ◽  
The Political ◽  
Cultural Industries ◽  
Cross Border ◽  
National Market ◽  
The Cross ◽  
National Champions ◽  
Cross National ◽  
Expansion Strategies

This article aims to study how private European radio is becoming commercially international through the expansion of radio brands beyond their national market. It is the first ever analysis of the expansion strategies of radio groups across Europe, including their footprint in each market in which they operate, from the political economy of cultural industries. The article maps the main radio groups in Europe, analyses cross-national champions in depth and establishes three main types. This study shows that, thanks to the possibilities of a deregulated market, strengthening the role of the brand and the format, and the agreements with other groups, broadcasting radio has overcome the obstacles that, historically, hindered its cross-border expansion.

scholarly journals Designing for international law: The architecture of international organizations 1922–1952

2020 ◽  
pp. 1-22
Author(s):  
Miriam Bak McKenna
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Labour Organization ◽  
The Relationship ◽  
Physical Manifestation ◽  
Insight Into ◽  
Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

scholarly journals Euroregion as an Entity Stimulating the Sustainable Development of the Cross-Border Market for Cultural Services in a City Divided by a Border

2019 ◽  
Author(s):  
Łukasz Wróblewski ◽  
Andrzej Kasperek
Keyword(s):  
Sustainable Development ◽  
Cultural Policy ◽  
Quantitative Research ◽  
The Sustainable Development ◽  
Cultural Services ◽  
Qualitative And Quantitative ◽  
Cross Border ◽  
The Cross ◽  
The City

The article discusses the issue of the sustainable development of the cross-border market for cultural services in a city divided by the state border. The article uses the example of Cieszyn and Český Těšín, a city divided following the decision of the Council of Ambassadors in 1920. The research carried out so far indicates the main constraints in the harmonious functioning of the cross-border market for cultural services in this city, such as: different cultural policies implemented on both sides of the city, language barriers as well as legal and administrative differences. Therefore, the authors undertook research aimed at recognising the role of Euroregional structures in stimulating the sustainable development of this region. On the basis of the analysis of the Cieszyn Silesia Euroregion's documentation and the results of qualitative and quantitative research, the article describes the role of the Euroregion in building a cross-border market for cultural services. Recommendations were also prepared that could constitute the principles of a common cultural policy not only for Cieszyn and Český Těšín, but also for other European cities in the Schengen Area, which, like Cieszyn and Český Těšín, have been divided by a state border.

scholarly journals Globalized Cross-Border Insolvency Law: The Roles Played by China

2021 ◽  
Author(s):  
Zinian Zhang
Keyword(s):  
International Law ◽  
Legal Status ◽  
Private International Law ◽  
Insolvency Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
Foreign Judgment ◽  
Judicial Assistance ◽  
First Time

AbstractThis study empirically investigates China’s participation in the globalized cross-border insolvency collaboration system. It is the first time for the development of China’s cross-border insolvency law to be examined against the background of private international law on foreign judgment recognition and enforcement. The findings of this article reveal that foreign bankruptcy representatives face considerable difficulties in satisfying the treaty and reciprocity requirements when seeking judicial assistance from China, and that local protectionism in favour of China’s state-owned and state-linked companies undermines foreign bankruptcy representatives’ confidence in approaching China’s courts for support. Although there are several court recognitions of foreign bankruptcy judgments in China, this article finds that they are only used to acknowledge the legal status of foreign bankruptcy representatives to meet the demands of government authorities; Chinese courts have not taken a substantial step in recognizing a foreign bankruptcy judgment so as to bar individual creditors’ action in the interest of a foreign bankruptcy proceeding. On the contrary, for Chinese bankruptcy representatives seeking assistance abroad, they could take advantage of the liberal judicial infrastructure, especially of some advanced jurisdictions, to obtain recognition and relief.

Criminal Jurisdiction—Concurrent Jurisdiction, Sovereignty, and the Urgent Requirement for Coordination

2021 ◽  
pp. 81-114
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Sufficient Evidence ◽  
Double Jeopardy ◽  
Criminal Courts ◽  
Criminal Jurisdiction ◽  
Cross Border ◽  
Ne Bis In Idem ◽  
Limited Application ◽  
The Cross ◽  
Conflicts Of Jurisdiction

Chapter 4 provides an incisive introduction to criminal jurisdiction and the internet, setting the scene for the chapters on jurisdiction of the criminal courts (Chapter 5) and investigative jurisdiction (Chapter 6). It explains the concurrency of criminal jurisdiction in international law and analyses the problems arising. In particular, there are two main conflicts of jurisdiction: first, the multiple, overlapping claims of jurisdiction between several states and the risk of multiple prosecutions for the same crime (or no prosecutions, as no state has sufficient evidence or motivation; second, jurisdictional overreach where conduct is lawful in one country, but a criminal offence in another country who wishes to prosecute, potentially causing jurisdictional overreach and spill-over effects. The chapter begins by setting out the grounds of jurisdiction under international law. An examination of the cross-border implications of cybercrime follows, distinguishing three discrete aspects of the cross-border nature of cybercrime and analysing the nature of jurisdictional conflicts under the lens of territoriality and connecting factors. It analyses how a better coordination of jurisdictional claims might be achieved under comity and reasonableness principles, and coordination under EU law, such as the Eurojust Guidelines and the EU Framework Decision. Finally, it critically analyses the ambit of double jeopardy and the ne bis in idem principles and their limited application. Conflicts of criminal jurisdiction, and the potential of multiple prosecutions of defendants for the same offence, call for greater international cooperation between states and coordination rules between different legal orders. However, the development of coordination rules in respect of national criminal jurisdiction is in its infancy.

The Cross-Border Protection of Adults

2015 ◽  
Author(s):  
Richard Frimston
Keyword(s):  
International Law ◽  
Theory And Practice ◽  
Roman Law ◽  
Private International Law ◽  
Cross Border ◽  
The Cross ◽  
Adult Protection

The cross-border protection of adults is an area of Private International Law, in which theory and practice may very often be in rather different places. In Chapters 2 has set out the broad Private International Law concepts likely to be encountered in adult protection. Chapters 3 describes the history and development from Roman law of internal law relating to the protective regimes that have existed and evolved for adults with an impairment and makes some comparisons.

scholarly journals Euroregion as an Entity Stimulating the Sustainable Development of the Cross-Border Market for Cultural Services in a City Divided by a Border

2019 ◽  
Vol 11 (8) ◽  
pp. 2232 ◽  
Author(s):  
Łukasz Wróblewski ◽  
Andrzej Kasperek
Keyword(s):  
Sustainable Development ◽  
Cultural Policy ◽  
Quantitative Research ◽  
The Sustainable Development ◽  
Cultural Services ◽  
Cultural Events ◽  
Cross Border ◽  
The Cross ◽  
International Border

This article discusses the issue of the sustainable development of the Polish-Czech cross-border market for cultural services in a city divided by an international border. The article uses the example of Cieszyn and Český Těšín, a city divided following the decision of the Council of Ambassadors in 1920. The research carried out so far indicates the main constraints in the harmonious functioning of the cross-border market for cultural services in this city, such as: The different cultural policies implemented on both sides of the city, the language barriers, as well as some legal and administrative differences. Therefore, the authors undertook research aimed at recognising the role of Euroregional structures in stimulating the sustainable development of this region. On the basis of an analysis of the Cieszyn Silesia Euroregion’s documentation, and the results of qualitative and quantitative research, this article describes the role of the Euroregion in building a cross-border market for cultural services. The presented results shows that the level of familiarity with cultural events organised in Cieszyn and Český Těšín within the framework of Interreg cross-border projects, is much higher than the familiarity with cultural events that are organised without financial support received through the Euroregion. Recommendations were also prepared that could constitute the principles of a common cultural policy, not only for Cieszyn and Český Těšín, but also for other European cities in the Schengen Area, which, like Cieszyn and Český Těšín, have been divided by an international border.

scholarly journals The Characterization of Pre-insolvency Proceedings in Private International Law

2020 ◽  
Vol 21 (4) ◽  
pp. 855-894 ◽  
Author(s):  
Irit Mevorach ◽  
Adrian Walters
Keyword(s):  
International Law ◽  
Contract Law ◽  
Private International Law ◽  
Insolvency Law ◽  
Private Ordering ◽  
Cross Border ◽  
Unique System ◽  
Financial Restructuring ◽  
Insolvency Proceedings

AbstractThe decade since the financial crisis has witnessed a proliferation of various ‘light touch’ financial restructuring techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spectrum of insolvency and restructuring law, somewhere between a pure contractual workout, the domain of contract law, and a formal insolvency or rehabilitation proceeding, the domain of insolvency law. While, to date, international insolvency instruments have tended to define insolvency proceedings quite expansively, discussion of the cross-border implications of pre-insolvency proceedings has barely begun. The question is whether pre-insolvency proceedings should qualify as proceedings related to insolvency for the purpose of private international law characterization. The risk is over-inclusivity of cross-border insolvency law, which, where it is based on universality and unity, might defeat contractual expectations. This article argues, however, that we should be slow to exclude pre-insolvency proceedings from cross-border insolvency law: these proceedings are initiated in the zone of insolvency, their effectiveness depends on a statutory mandate and not purely on private ordering, they interact and intersect with formal proceedings, and can benefit from the unique system developed by cross-border insolvency law. We suggest, though, that modified universalism (the leading norm of cross-border insolvency) and international insolvency instruments, should, and are able to, adjust to the peculiarities of pre-insolvency proceedings to address concerns about inclusivity and accommodate pre-insolvency proceedings adequately.

Sign in / Sign up

Export Citation Format

Share Document