Texas International Law Journal

Texas International Law Journal is an academic journal focusing on Texas International Law

Articles from Vol. 42, No. 3, Summer

Avoidance of Pre-Bankruptcy Transactions in Multinational Bankruptcy Cases
From the perspective of planning commercial transactions, the application of the avoiding powers may be the single most important aspect of multinational insolvency/bankruptcy cases.1 Yet there have been remarkably few reported cases dealing with those...
Banking Law Reform and Users-Consumers in Developing Economies: Creating an Accessible and Equitable Consumer Base from the "Excluded"
I. INTRODUCTIONThe subject-matter of this article was originally conceived of as consumer protection issues in banking sectors of developing countries. In first approaching this topic area, the author had on his "industrialized country hat" which automatically...
Canadian Preference Law Reform
I. INTRODUCTIONThe preference provisions in the Canadian Bankruptcy and Insolvency Act1 (BIA) have been virtually unchanged since the legislation was enacted in 1919,2 and many of their features derive from the nineteenth century and earlier English...
Corporate Gatekeeper Liability in Canada
I. INTRODUCTIONA series of significant reforms with respect to the legal treatment of corporate gatekeepers have taken place over the last five years in a number of countries around the world. This article serves as a taking-stock exercise of the current...
Developing a New Commercial Court in Ghana
There has been a demand in Ghana for a Commercial Court for a long time. Indeed, while at the Commonwealth secretariat in London, I led a team (in 1995-96) to undertake a diagnostic survey of the Ghanaian legal system with a view to identifying impediments...
Developing Global Transnational Harmonization Procedures for the Twenty-First Century: The Accelerating Pace of Common and Civil Law Convergence
I. PROCEDURAL OPTIONS - THE NEW CHALLENGETransnational harmonization results from either planned changes in legal systems aimed at achieving harmonization or from interaction that spontaneously occurs between different legal systems. The latter phenomenon...
Disclosure as a Public Policy Instrument in Global Capital Markets1
ABSTRACTGlobally, most jurisdictions use a disclosure-based system instead of a merit-based system in their securities law regimes. Disclosure enhances capital market efficiency through effective dissemination of information that is material to investor...
Group Insolvencies - Some Thoughts about New Approaches
I. GENERAL OBSERVATIONSIt is remarkable that one phenomenon within insolvency law has caught relatively little attention in the past among academics and legislators when put in relation to its practical importance and to the dramatically increased attention...
Harmonization and Modernization in UNCITRAL's Legislative Guide on Insolvency Law
If (international) commercial law is to keep pace with (international) commercial practices, then there has been much to do in the way of (international) law reform over the past forty years. During this period, commercial practices have changed substantially...
Introduction
This issue of the Journal publishes papers presented at the 2006 Biennial Meeting of the International Academy of Commercial and Consumer Law. The Academy consists of one hundred scholars and teachers from around the world. Founded in the 1980s, its...
Japan's Personal Insolvency Law
The project involving the comprehensive reform of Japanese insolvency law started in October 1996, and was finished in November 2004. There are now two types of judicial proceedings for personal insolvencies under Japanese insolvency law. The first is...
Legal Mercantile Evolution from the Twentieth Century to the Dawning of the Twenty-First Century
I. INTRODUCTIONThe need to establish commercial regulations in the foreign arena became manifest at the turn of the twentieth century and the beginning of the twenty-first century, mainly as a result of the problems brought about by internal regulations...
Negotiation in Letter of Credit Practice and Law: The Evolution of the Doctrine
ABSTRACTThe concept of negotiation in letter of credit practice and law has evolved from being an appendage of the law of negotiable instruments to an independent discipline that often alters basic assumptions of negotiable instruments law. From playing...
Property Rights, Collateral, Creditor Rights, and Insolvency in East Asia1
I. INTRODUCTIONA number of common preconditions must prevail if a market-orientated financial system or national economy is to develop and function effectively.2 Those relating to financial sector development rest on three principles: the first, institutional...
Proportionality: WTO Law: In Comparative Perspective
I. INTRODUCTIONProportionality, necessity and balancing are discussed in the context of the World Trade Organization (WTO). We find these tests at prominent places in the GATS and the GATT, as well as in the Agreement on the Application of Sanitary and...
Recent International Developments in the Law of Negotiable Instruments and Payment and Settlement Systems
I. OVERVIEWThis paper surveys four recent major developments worldwide in the areas of negotiable instruments and payment and settlement systems. Only private or commercial law aspects are considered; regulatory and public law issues are outside the...
Secured Lending and Its Poverty Reduction Effect
I. THE ECONOMIC EFFECTS OF COMMERCIAL secURED LENDINGCommercial loans (also known as secured loans or as secured transactions) are loans particularly suited to satisfy the credit needs of small- and medium-sized enterprises. While their key features...
Securitization in Israel
I. INTRODUCTIONSecuritization is a financing instrument that has been used in the West for many years. In transactions of this kind, a business that has many debtors sells all or some of the indebtedness of its debtors to a third party. These debts are...
The Agricultural Exemption in Antitrust Law: A Comparative Look at the Political Economy of Market Regulation
In Memory of Shlomo LubinI. INTRODUCTIONUsing comparative law as an aid to the legislator can be a very enlightening exercise, in particular when countries with no experience in a particular field try to learn from those with more experience than themselves....
The Disappearing Divide between Property and Obligation: The Impact of Aligning Legal Analysis and Commercial Expectation
"There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property [.]"1The thesis of this article is simple and startling: equity, acceding to persistent commercial pressure, has effectively...
The Landmark 2005 Hague Convention on Choice of Court Agreements
I. INTRODUCTIONThe Convention on Choice of Court Agreements,1 adopted at the twentieth session of the Hague Conference on Private International Law on June 30, 2005, is an important step toward international harmonization of national conflicts rules...
The Modernization of European Competition Law: A Story of Unfinished Concepts
In the late 1990s the European Commission started to conceive a complete overhaul of its competition policy. In view of the imminent enlargement of the Community to central and eastern Europe and the accession of a great number of new Member States,...
Theorizing Transnational Commercial Law
Over recent decades we can see the emergence of a new transnational commercial law. It consists of international conventions, model laws, and statements of principle (or standards). A recent compilation consists of some sixty instruments divided into...