Testing the Model Soft Law Approach to International Harmonisation: A Case-Study Examining the UNCITRAL Model Law on Cross-Border Insolvency

Author(s):  
Kent Anderson
2021 ◽  
Vol 12 (1) ◽  
pp. 26-44
Author(s):  
Emilia KORKEA-AHO ◽  
Martin SCHEININ

In the coronavirus pandemic that has swept the world, the Finnish Government, like many of its peers, has issued policy measures to combat the virus. Many of these measures have been implemented in law, including measures taken under the Emergency Powers Act, or by ministries and regional and local authorities exercising their legal powers. However, some governmental policy measures have been implemented using non-binding guidelines and recommendations. Using border travel recommendations as a case study, this article critically evaluates governmental soft law-making. The debacle over the use of soft law to fight the pandemic in Finland revealed fundamental misunderstandings about the processes and circumstances under which instruments conceived as soft law can be issued, as well as a lack of attention to their effects from a fundamental rights perspective.


Author(s):  
Reinhard Bork ◽  
Renato Mangano

This chapter is an introduction to the issues involved in cross-border insolvency cases and their regulation as covered by the EIR, which recast the OR. It also provides a view-from-the-cathedral of EU Regulation 2015/848; a concise description of its history, aims, and principles; as well as a list of the other relevant sources of law, including those of soft law such as the UNCITRAL Model Law and the European Communication and Cooperation Guidelines for Cross-border Insolvency (the so-called ‘CoCo Guidelines’). Finally, the role of the Court of Justice of the European Union (CJEU) for the interpretation of European insolvency law and its judicial activism are analysed.


2018 ◽  
Vol 6 (1) ◽  
pp. 1-2
Author(s):  
Ibrahim Sirkeci

Transnational Marketing Journal is dedicated to disseminate scholarship on cross-border phenomena in marketing by acknowledging the importance of local and global or in other words, underlining the transnational practices marked by national and local characteristics in a fluid fashion spreading over more than one national territory. The first article by Paulette Schuster looks into “falafel” and “shwarma” in Mexico and discusses the perception of Israeli food in Mexico. The second article is a case study illustrating a critical account of cultural dimensions formulated by Schwarz using the value surveys data. The third article in the issue is a qualitative study of the negative attitudes of millennials torwards mobile marketing. 


2018 ◽  
Vol 60 (1) ◽  
pp. 5-13 ◽  
Author(s):  
Martin Barthel ◽  
Ewelina Barthel

Abstract This paper focuses on the largely unexamined phenomenon of the developing trans-national suburban area west of Szczecin. Sadly the local communities in this functionally connected area struggle with national planning policies that are unsuitable for the region. The paper examines the impact of those processes on the border region in general and on the localities in particular. The paper investigates the consequences for local narratives and the cohesive development of the Euroregion and what position Polish and German communities took to develop the region, even without the necessary planning support. The region has succeeded in establishing grass-roots planning mechanisms which have helped to create a metropolitan-region working from the bottom up.


2021 ◽  
pp. 1-26
Author(s):  
David Newman Glovsky

Abstract The historical autonomy of the religious community of Medina Gounass in Senegal represents an alternative geographic territory to that of colonial and postcolonial states. The borderland location of Medina Gounass allowed the town to detach itself from colonial and independent Senegal, creating parallel governmental structures and imposing a particular interpretation of Islamic law. While in certain facets this autonomy was limited, the community was able to distance itself through immigration, cross-border religious ties, and smuggling. Glovsky’s analysis of the history of Medina Gounass offers a case study for the multiplicity of geographical and territorial entities in colonial and postcolonial Africa.


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