Cross-border insolvency and rescue law theory: Moving away from the traditional debate on universalism and territorialism.

Ghio, Emilie (2018) Cross-border insolvency and rescue law theory: Moving away from the traditional debate on universalism and territorialism. International Company and Commercial Law Review, 12. pp. 713-728. ISSN 0958-5214

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Abstract

The framework in which cross-border insolvency and rescue law is construed focuses on the universalism and territorialism divide, which originated in academic scholarship in the United States.
This paper argues that this framework is not the most appropriate for the European Union at present and should be replaced by a theoretical framework tackling the sui generis nature of the EU.

Item Type:	Article
Dates:	Date Event 2 September 2018 Accepted 1 December 2018 Published
Subjects:	CAH16 - law > CAH16-01 - law > CAH16-01-01 - law
Divisions:	Faculty of Business, Law and Social Sciences > College of Law, Social and Criminal Justice
Depositing User:	Emilie Ghio
Date Deposited:	24 Sep 2018 09:36
Last Modified:	12 Jan 2022 14:08
URI:	https://www.open-access.bcu.ac.uk/id/eprint/6280