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Recognition And Enforcement In Cross-Border Insolvency Law: A Proposal For Judicial Gap-Filling, Professor Sandeep Gopalan, Michael Guihot
Recognition And Enforcement In Cross-Border Insolvency Law: A Proposal For Judicial Gap-Filling, Professor Sandeep Gopalan, Michael Guihot
Vanderbilt Journal of Transnational Law
The globalization of business activity necessarily entails contacts with a diverse array of national laws and legal systems, and insolvencies in this context often have transnational consequences. In such situations, there is a clash of competing national laws on weighty questions including the recognition of security interests, processes related to the disbursal of assets, and different policy preferences underlying the protection of different kinds of creditors. These clashes pose difficulties because each country has framed its insolvency laws in response to particular political exigencies and the policy preferences of its citizens, reflecting different bargains between creditor and debtor protection. Despite …
The Globalizing State, Alfred C. Aman, Jr.
The Globalizing State, Alfred C. Aman, Jr.
Vanderbilt Journal of Transnational Law
he primary purpose of this Article is to consider the relationship of globalization to domestic law, a topic that, for the most part, has been neglected by the legal literature to date. In so doing, this Article shall develop the concept of the globalizing state, a theory of the state based on states' new roles in furthering global competitiveness, as well as the transformative effects of these new roles on the state itself. This Article refers to globalization as an interpretive approach to issues no longer classifiable--or even understandable--in terms of classic dichotomies of domestic and global, public and private, …