Results 41 to 50 of about 370 (176)
NEW APPROACHES TO THE REFORM OF INVESTOR-STATE DISPUTE SETTLEMENT
Московский журнал международного права, 2019 Introduction. In light of the ongoing UN discussions over the investor-state dispute settlement reform, this article offers readers an opportunity to develop an understanding of not only the current reform process, but also of the directions of reforms ...
A. V. Soloveva
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Insiders and Outsiders: The Role of Human Agents and Networks in System Change
Regulation &Governance, Volume 19, Issue 4, Page 1074-1085, October 2025.ABSTRACT This article focuses on the roles of insiders or outsiders in order to theorize the role that human agents play in systems change. It asks: (1) what strengths and weaknesses do insiders and outsiders have respectively as agents of change; and (2) what strategies are available to use these insights to increase, or to limit, the prospects of ...
Miranda Forsyth, Anthea Roberts
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Reflections of an academic activist
Journal of Law and Society, Volume 52, Issue 3, Page 345-362, September 2025.Abstract This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P.
JANE KELSEY
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A comparative study on the compensation of bankruptcy trustees in insolvent estates
International Insolvency Review, Volume 34, Issue 3, Page 713-738, Winter 2025.Abstract A well‐functioning bankruptcy system is essential for economic stability, ensuring the efficient resolution of bankruptcies and the fair distribution of remaining assets. However, many jurisdictions face the issue of “empty,” “assetless,” or “insolvent” estates, where the assets of bankrupt entities are insufficient to cover the costs of the ...
R. D. Vriesendorp, J. M. W. Pool
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The place of micro and small Enterprises in European Insolvency law
International Insolvency Review, Volume 34, Issue 3, Page 685-712, Winter 2025.Abstract Micro and small enterprises (MSEs) form the backbone of the European economy but remain particularly vulnerable to financial distress and insolvency. Despite the EU's efforts to harmonise insolvency laws, significant divergences persist among Member States, especially regarding tailored frameworks for smaller businesses.
Oleksiy Kononov
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Revista da Faculdade de Direito da Universidade Federal de Minas GeraisCom a promulgação da Lei 14.112/2020, o Brasil adotou, com poucas alterações, a Lei Modelo da UNCITRAL sobre Insolvência Transfronteiriça. Este artigo analisa os requisitos legais para o reconhecimento de processos estrangeiros e se o plano de ...
Sabrina Maria Fadel Becue
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A developing country's perspective: Reforming insolvency laws to encourage their usage
International Insolvency Review, Volume 34, Issue 3, Page 517-545, Winter 2025.Abstract Opportunities in developing countries draw multinational companies, which include but are not limited to low‐cost labour and abundant raw materials. As with any enterprise in any part of the world, there is a risk of business failure when multinational companies operate in developing countries.
Phoebe Gatoto
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Ipso facto clauses in cross‐border insolvency: From STX Pan Ocean to Hanjin Shipping and beyond
International Insolvency Review, Volume 34, Issue 3, Page 793-821, Winter 2025.Abstract This article examines the enforceability of ipso facto clauses in cross‐border insolvency, with a focus on the landmark STX Pan Ocean case. This case highlighted divergent judicial approaches and the critical role of legal frameworks in conflict‐of‐laws scenarios, as evidenced by the contrasting outcome in the Hanjin Shipping case.
WooJung Jon
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China's instrumentalist greenisation of the new‐generation IIAs
Review of European, Comparative &International Environmental Law, Volume 34, Issue 2, Page 550-565, July 2025.Abstract In the context of the global trend of greening international investment agreements (IIAs) after Rio+20, China is taking a more active role in greening its IIAs than before, albeit with inconsistent patterns. This article analyses the driving factors for its change after Rio+20 and argues that China's IIA greenisation is instrumentalist at ...
Shixue Hu
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The 28th insolvency law: Reflections on a lex concursus europaea
International Insolvency Review, Volume 34, Issue 2, Page 428-447, Summer 2025.Abstract More than ever before the global situation and Europe's position in it let it appear advisable to speed up harmonsation processes. The present authors present a plea for a EU Regulation which offers a complete insolvency law as an option that can be chosen by certain European companies from a certain size on.
Francisco Garcimartin, Christoph Paulus
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