scholarly journals European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations – Suggestions for South Africa

2017 ◽  
Vol 15 (5) ◽  
pp. 133
Author(s):  
Jeanette Weideman ◽  
Leonie Stander
Keyword(s):  
United States ◽  
South Africa ◽  
International Trade ◽  
United States Of America ◽  
Multinational Enterprises ◽  
The United States ◽  
Valuable Insight ◽  
Cross Border ◽  
The World ◽  
Model Law

An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world.  This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI). The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU) adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000.  Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.  

scholarly journals The colonial matrix of power: Image ontology and the question of blackness

2021 ◽  
Vol 77 (4) ◽  
Author(s):  
Itumeleng D. Mothoagae
Keyword(s):  
United States ◽  
South Africa ◽  
United States Of America ◽  
Black People ◽  
World Order ◽  
The United States ◽  
Global South ◽  
Black Theology ◽  
The Social ◽  
The World

The question of blackness has always featured the intersectionality of race, gender, sexuality and class. Blackness as an ontological speciality has been engaged from both the social and epistemic locations of the damnés (in Fanonian terms). It has thus sought to respond to the performance of power within the world order that is structured within the colonial matrix of power, which has ontologically, epistemologically, spatially and existentially rendered blackness accessible to whiteness, while whiteness remains inaccessible to blackness. The article locates the question of blackness from the perspective of the Global South in the context of South Africa. Though there are elements of progress in terms of the conditions of certain Black people, it would be short-sighted to argue that such conditions in themselves indicate that the struggles of blackness are over. The essay seeks to address a critique by Anderson (1995) against Black theology in the context of the United States of America (US). The argument is that the question of blackness cannot and should not be provincialised. To understand how the colonial matrix of power is performed, it should start with the local and be linked with the global to engage critically the colonial matrix of power that is performed within a system of coloniality. Decoloniality is employed in this article as an analytical tool.Contribution: The article contributes to the discourse on blackness within Black theology scholarship. It aims to contribute to the continual debates on the excavating and levelling of the epistemological voices that have been suppressed through colonial epistemological universalisation of knowledge from the perspective of the damnés.

Fanonian practices in South Africa: From Steve Biko to Abahlali baseMjondolo (Nigel Gibson)

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Munyaradzi Mawere
Keyword(s):  
United States ◽  
South Africa ◽  
Latin America ◽  
South African ◽  
United States Of America ◽  
The United States ◽  
Black Theology ◽  
Frantz Fanon ◽  
African Countries ◽  
The World

Frantz Fanon, the Algerian theorist of revolution and social change, continues living through his profoundly luminous work that remains influential to the thinking and actions of many a people across the world even today. In Fanonian Practices in South Africa (2011), which comprises an introduction and five chapters, Nigel Gibson grapples with the important question of the relevance of Fanon's thought, 50 years after his death in 1961, to the South African situation especially from the time of Steve Biko to the time of the birth of the shack dwellers' movement, Abahlali baseMjondolo (Abahlali) in Durban on 19 March 2005. Gibson acknowledges that the idea of Fanonian Practices is not limited to South Africa but relevant also for other African countries. Elsewhere, Fanon's ideas have been exported to Black theology of liberation by scholars such as James Cone in the United States of America (USA) and Paulo Freire in Latin America.

Economic cooperation of Canada with the Asia-Pacific countries in the energy sector

2020 ◽  
pp. 74-79
Author(s):  
Aleksandra Dmitrievna Filina ◽  
Galina Viktorovna Tretyakova
Keyword(s):  
United States ◽  
International Trade ◽  
United States Of America ◽  
The United States ◽  
Energy Markets ◽  
Asia Pacific ◽  
Urgent Problem ◽  
Asian Countries ◽  
The World ◽  
The Relationship

The article is devoted to an urgent problem of our time — the integration of Canadian energy markets into the energy markets of the Asia-Pacifi c region. Canada’s economy is currently the 16th largest in the world in terms of GDP and is heavily dependent on international trade, whose prosperity is inextricably linked to external markets and the ability to access those markets. In turn, China, Japan, and South Korea are the world’s largest importers of crude oil and liquefi ed natural gas. The purpose of this work is to investigate how exactly interactions between these countries are built on the market, in addition, to explore the building of relationships in a given region. The scientifi c novelty of the work is to consider the relationship between the countries of the Asia-Pacifi c region and Canada, not only based on recently signed agreements but also with the involvement of the opinions and works of modern experts in the fi eld of international energy. The study examines the reasons for the need to enter the energy markets of Canada in the Asia-Pacifi c region, and also analyzes the dependence of the Canadian economy on the economy of the United States of America. Besides, the comprehensive and progressive agreement on the Trans-Pacifi c Partnership — CPTPP, signed in 2018 by Canada and the Indo-Pacifi c countries, was examined. As a result of the study, the need to change the course of Canada’s energy exports towards the Asia-Pacifi c region was substantiated; in addition, the importance of Canada’s energy markets for Asian countries was revealed.

Electoral Systems in Context

2017 ◽  
pp. 720-740
Author(s):  
Steven L. Taylor
Keyword(s):  
United States ◽  
United States Of America ◽  
Electoral Systems ◽  
Party Systems ◽  
The United States ◽  
Primary Elections ◽  
Unique Element ◽  
Unique System ◽  
The World ◽  
Elected Office

The United States of America has one of the longest, continually functional electoral systems in the world. On one level, the system is seemingly simple, as it is based predominantly on plurality winners in the context of single-seat districts. However, its extensive usage of primary elections adds a nearly unique element to the process of filling elected office. This mechanism is used more extensively in the United States than in any other case. Additionally, the United States has a complex, and unique, system for electing its national executive. All of these factors help create and reinforce one of the most rigid two-party systems in the world.

scholarly journals Tungiasis: A Rare Parasitic Infestation in Genitals of a Native Male from Kathmandu

2018 ◽  
Vol 15 (3) ◽  
pp. 295-297
Author(s):  
Shreya Shrivastav ◽  
Ram Chandra Adhikari
Keyword(s):  
United States ◽  
Central America ◽  
United States Of America ◽  
Parasitic Infection ◽  
Surgical Excision ◽  
The United States ◽  
Parasitic Infestation ◽  
Tunga Penetrans ◽  
The World ◽  
Imported Cases

Tungiasis is a common parasitic infection inmany parts of the world, including South and Central America and parts of Africa. It is rare in other places, such as in India and Pakistan and imported cases have been reported in Taiwan, Italy, the United States of America, etc. Our diagnosis was made based on histopathologiocal features of the parasite, which corresponds too ther reports and description of tungiasis.1-3 It was treated by surgical excision alone. The fact that the disease has never been reported in Nepal makes it difficult to diagnose clinically, but should be considered in the future. Histopathology can aid in diagnosingthis rare condition.Keywords: Nepal; tunga penetrans; tungiasis.

International Sugar Council

1951 ◽  
Vol 5 (2) ◽  
pp. 416-416
Keyword(s):  
United States ◽  
South Africa ◽  
The United States ◽  
World Market ◽  
Sugar Production ◽  
Special Committee ◽  
The United Kingdom ◽  
The World ◽  
One Year ◽  
Preliminary Draft

A meeting of the International Sugar Council was held in London, June 26 to July 20, 1950. The meeting was attended by delegates of Australia, Belgium, Brazil, Cuba, Czechoslovakia, Dominican Republic, France, Haiti, Indonesia, the Netherlands, Peru, Philippine Republic, Poland, Portugal, South Africa, the United Kingdom, Yugoslavia, and the United States. The purpose of the meeting was to discuss the world situation in sugar and the proposal for a new international sugar agreement. The council adopted a protocol which extended the international sugar agreement of 1937 one year from August 31, 1950. During 1950, the council created a special committee to 1) study the changing sugar situation as it related to the need or desirability for negotiating a new agreement, and 2) report to the council, as occasion might arise, on its findings and recommendations as to the possible basis of a new agreement. The special committee prepared a document which set forth certain proposals in the form of a preliminary draft agreement. The draft agreement included six fundamental bases: 1) the regulation of exports, 2) the stabilization of sugar prices on the world market, 3) a solution to the currency problem, 4) the limitation of sugar production by importing countries, 5) measures to increase consumption of sugar and 6) the treatment of non-signatory countries. The draft was then considered by the council at its meeting on July 20 at which time the council decided to submit it to member and observer governments for comments and to transmit such comments for consideration at a meeting of the special committee.

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