scholarly journals Rethinking Ethiopian Secured Transactions Law through comparative perspective: lessons from the Uniform Commercial Code of the US

2017 ◽  
Vol 11 (1) ◽  
pp. 153
Author(s):  
Asress Adimi Gikay
Keyword(s):  
Comparative Perspective ◽  
Commercial Code ◽  
The Us ◽  
Secured Transactions

Towards Reforming Nigeria's Secured Transactions Law: The Central Bank of Nigeria's Attempt through the Back Door

2017 ◽  
Vol 61 (1) ◽  
pp. 131-153 ◽  
Author(s):  
Williams C Iheme ◽  
Sanford U Mba
Keyword(s):  
Central Bank ◽  
Financial Institutions ◽  
Building Blocks ◽  
Critical Examination ◽  
Personal Property ◽  
Business Operations ◽  
Commercial Code ◽  
The Us ◽  
Secured Transactions ◽  
Back Door

AbstractIn response to the inability of micro, small and medium scale enterprises (MSMEs) to access credit to finance their business operations, the governor of the Central Bank of Nigeria passed the Central Bank of Nigeria (Registration of Security Interests in Movable Property by Banks and Other Financial Institutions in Nigeria) Regulations, No 1, 2015. The purport of this regulation is, among other things, to ensure that MSMEs can use items of personal property to create security. This article critically examines the regulation in the light of the building blocks of article 9 of the US Uniform Commercial Code, which is not only a paradigmatic piece of legislation but appears to be the model on which the Nigerian regulation is based. This critical examination leads the authors to conclude that, although the regulation represents the first steps to reform, much more remains to be done to ensure effectiveness.

Hague Securities Convention goes into effect in the United States

2017 ◽  
Vol 18 (4) ◽  
pp. 72-77
Author(s):  
Bryan L. Barreras ◽  
Barbara M. Goodstein ◽  
Kevin C. McDonald
Keyword(s):  
The United States ◽  
Choice Of Law ◽  
Content Type ◽  
Commercial Code ◽  
The Us ◽  
Secured Transactions ◽  
The Hague ◽  
Market Practice ◽  
The Law ◽  
The Impact

Purpose To explain the Hague Securities Convention in the context of secured financing transactions in the US and to discuss the implications of the Convention on new and existing transactions, as well as on market practice going forward. Design/methodology/approach This article provides a broad overview of the Hague Securities Convention and the impact of the Convention’s choice of law rules on secured financing transactions in the US involving intermediated securities, including how this deviates from previously applicable laws (such as the Uniform Commercial Code), and provides practical considerations with respect to secured financing transactions. Findings While in most circumstances the Convention provides for the same choice of law as previously applicable laws, there are certain scenarios where the Convention will produce a different result. Market practice with respect to perfecting security interests will likely change to take account of the Convention and to provide the parties with certainty regarding the law applicable to secured transactions. Practical implications The Convention calls for increased diligence with respect to the law governing the account agreement between the debtor and the securities intermediary and whether the securities intermediary has a qualifying office in that jurisdiction. Originality/value Practical guidance from experienced finance lawyers.

Setting a new standard for the harmonization of secured transactions law: the new Belgian Pledge Registry

2019 ◽  
Vol 24 (3) ◽  
pp. 520-544
Author(s):  
Joke Rachel Baeck ◽  
Lize Heytens
Keyword(s):  
The United States ◽  
Modern Technology ◽  
International Standards ◽  
Trade Law ◽  
International Trade Law ◽  
Filing System ◽  
Registry System ◽  
Commercial Code ◽  
The Us ◽  
Secured Transactions

Abstract At present, the notice filing system under Article 9 of the United States Uniform Commercial Code is seen as the most influential model worldwide for a registry of security rights in movables. However, the US system, established in 1952 and currently still in transition towards electronic filing, does not meet state-of-the-art technology standards. By contrast, the Belgian Pledge Registry, operational since 1 January 2018, is a fully automated electronic registry system that benefits from the advantages of modern technology. The question therefore arises whether the Belgian Pledge Registry has the potential to become a new additional leading model for registration of security interests in movables. To answer this question, we will test the extent to which the Belgian Pledge Registry meets the current international standards for a modern and efficient registry of security rights in movables, as set out in United Nations Commission on International Trade Law instruments and the European Draft Common Frame of Reference.

Populism and Polarization in Comparative Perspective: Constitutive, Spatial and Institutional Dimensions

2021 ◽  
pp. 1-23
Author(s):  
Kenneth M. Roberts
Keyword(s):  
Latin America ◽  
Political Competition ◽  
Electoral Competition ◽  
Comparative Perspective ◽  
Political Polarization ◽  
Political Agenda ◽  
The Political ◽  
Consistent Effect ◽  
The Us ◽  
Issue Dimensions

Abstract Polarization may be the most consistent effect of populism, as it is integral to the logic of constructing populist subjects. This article distinguishes between constitutive, spatial and institutional dimensions of polarization, adopting a cross-regional comparative perspective on different subtypes of populism in Europe, Latin America and the US. It explains why populism typically arises in contexts of low political polarization (the US being a major, if partial, outlier), but has the effect of sharply increasing polarization by constructing an anti-establishment political frontier, politicizing new policy or issue dimensions, and contesting democracy's institutional and procedural norms. Populism places new issues on the political agenda and realigns partisan and electoral competition along new programmatic divides or political cleavages. Its polarizing effects, however, raise the stakes of political competition and intensify conflict over the control of key institutional sites.

scholarly journals Voting Rights for Non-Citizens: The European Multilevel and the US Federal Constitutional Systems Compared

2011 ◽  
Vol 7 (3) ◽  
pp. 392-423 ◽  
Author(s):  
Federico Fabbrini
Keyword(s):  
State Level ◽  
Voting Rights ◽  
The State ◽  
Comparative Perspective ◽  
Federal System ◽  
Future Prospects ◽  
The Us ◽  
Comparative Methodology ◽  
Federal Constitutional ◽  
Regulatory Models

Voting rights – Citizens and aliens – European multilevel architecture – US federal system – Comparative methodology – Different regulatory models for non-citizens suffrage at the state level in Europe – Impact of supranational law – Challenges and tensions – Analogous dynamics in the US constitutional experience – Recent European legal and jurisprudential developments in comparative perspective – What future prospects for citizenship and democracy in Europe?

scholarly journals United Kingdom : Good Ideas from Successful Cities : Municipal Leadership on Immigrant Integration

2021 ◽  
Author(s):  
Kim Turner
Keyword(s):  
United Kingdom ◽  
Immigrant Integration ◽  
Comparative Perspective ◽  
The United Kingdom ◽  
The Us ◽  
Selection Of

Our main report, Good Ideas from Successful Cities: Municipal Leadership in Immigrant Integration, explores these themes through a selection of nearly 40 profiles of municipal practice and policies from cities across Canada, the US, Europe and Australasia. In this companion report, United Kingdom: Good Ideas from Successful Cities, we present an additional snapshot of municipal leadership and excellence in immigrant integration from cities in the United Kingdom. Each of these five city profiles includes a selection of related international city practices to encourage comparative perspective and enriched learning

scholarly journals United Kingdom : Good Ideas from Successful Cities : Municipal Leadership on Immigrant Integration

2021 ◽  
Author(s):  
Kim Turner
Keyword(s):  
United Kingdom ◽  
Immigrant Integration ◽  
Comparative Perspective ◽  
The United Kingdom ◽  
The Us ◽  
Selection Of

Our main report, Good Ideas from Successful Cities: Municipal Leadership in Immigrant Integration, explores these themes through a selection of nearly 40 profiles of municipal practice and policies from cities across Canada, the US, Europe and Australasia. In this companion report, United Kingdom: Good Ideas from Successful Cities, we present an additional snapshot of municipal leadership and excellence in immigrant integration from cities in the United Kingdom. Each of these five city profiles includes a selection of related international city practices to encourage comparative perspective and enriched learning

ADEQUATE ASSURANCE OF PERFORMANCE UNDER THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMMERCIAL CODE

2021 ◽  
Vol 70 (4) ◽  
pp. 935-960
Author(s):  
Katarzyna Kryla-Cudna
Keyword(s):  
Commercial Code ◽  
The Us ◽  
International Sale Of Goods

AbstractThis article compares and contrasts the doctrine of adequate assurance of performance under the US Uniform Commercial Code (the UCC) and the UN Convention on Contracts for the International Sale of Goods (the CISG). The article argues that, in the context of the CISG, the mechanism of adequate assurance found in the UCC is a faux ami. Despite some similarities, the doctrine of adequate assurance regulated in the CISG is distinct and serves different functions to its UCC counterpart.

Recent developments in the law of secured transactions of movables under the new Chinese Civil Code

2021 ◽  
Author(s):  
Jing Zhang
Keyword(s):  
Civil Code ◽  
International Institute ◽  
Trade Law ◽  
International Trade Law ◽  
Filing System ◽  
Commercial Code ◽  
Secured Transactions ◽  
Recent Developments ◽  
The Law ◽  
International Conventions

Abstract In May 2020, the first Chinese Civil Code was enacted. This Civil Code incorporates several modifications of the law of secured transactions concerning corporeal movables and receivables. These modifications are made under the influence not only of international conventions, model laws, and legislative guides by the International Institute for the Unification of Private Law and the United Nations Commission on International Trade Law but also of overseas legislation, especially Article 9 of the Uniform Commercial Code. First, a semi-functional approach is taken by the Civil Code. The security agreement includes, in addition to typical security contracts, ‘other contracts having a function of security’. Consequently, the rules concerning the property right of charge (hypothec) are also applicable to reservation of ownership, financial lease, factoring, and other security interests, provided that there is no lex specialis. This leaves a larger space of autonomy for individual parties. Moreover, the new Civil Code intends to construct a more inclusive register by requiring reservation of ownership, financial lease, factoring, and other types of security rights to be registered to be effective against third parties. The future register for ordinary corporeal movables and claims will very possibly be a notice-filing system.

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