Texas International Law Journal

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

Articles from Vol. 33, No. 3, Summer

Chilean Legislation and Cross-Border Insolvency
I. INTRODUCTION The Chilean Law of Bankruptcy has its origin in the Commercial Code of 1865 that came into force in 1867.1 It was inspired by the French Commercial Code of 18072 and by the Spanish Commercial Code of 1829,3 both of which regulated the...
Critical Observations on the Draft Transnational Rules of Civil Procedures
INTRODUCTION This has been the decade of globalization. International capital markets and commerce, multilateral peacekeeping, and International Monetary Fund rescue packages vie for prominence as the latest examples of global interdependence. Against...
Critique of the Hazard-Taruffo Transnational Rules of Civil Procedure
Critique of the Hazard-Taruffo Transnational Rules of Civil Procedure^ I. INTRODUCTION Professors Hazard and Taruffo have drafted "Transnational Rules of Civil Procedure."1 The Rules define "transnational legal disputes" as disputes between parties of...
Cross-Border Insolvency Cooperation Protocols
I. INTRODUCTION It is self evident that as the global marketplace continues to develop, business failures with global implications will become more common. Such failures will increasingly engender insolvency proceedings and/or collection litigation in...
First Impressions of the Transnational Rules of Civil Procedure
I. INTRODUCTION As one deeply involved in international litigation, as both a practitioner and an academic, I welcome the courageous attempt to tackle that pillar of State ethnocentricism-- procedural rules-through the creation of the Transnational Rules...
Individual Criminal Responsibility for Human Rights Atrocities and Sanction Strategies
Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy. By Steven R Ratner and Jason S. Abrams. Oxford, England: Clarendon Press, 1997, pp. xxxv, 368. Table of Contents, Notes, Appendices, Bibliography, Index. "Can...
Managing Default by a Multinational Venture: Cooperation in Cross-Border Insolvencies
INTRODUCTION The insolvency or reorganization of a multinational enterprise experiencing financial trouble can present some of the most complex situations that international business and finance confront. Not only does each component of a multinational...
Mutual Assistance under the International Antitrust Enforcement Assistance Act: Obstacles to a United States-Japanese Agreement
INTRODUCTION The expansion of business competition on a global scale presents unique problems for antitrust enforcement. In any given industrialized country, antitrust authorities are often faced with anticompetitive behavior that occurs outside their...
Preliminary Draft of the ALI Transnational Rules of Civil Procedure
I. INTRODUCTION It is gratifying that the Texas International Law Journal has published Preliminary Draft No. 1 of the American Law Institute project on Transnational Rules of Civil Procedure, together with commentaries by civil procedure experts from...
The Forum Law Rule in International Litigation
I. INTRODUCTION The Transnational Rules of Civil Procedure drafted by Professors Geoffrey C. Hazard, Jr. and Michele Taruffo cover matters of personal jurisdiction (Article 3), injunctions (Article 8), service abroad (Article 9(b)), enforcement of foreign...
Transnational Rules of Civil Procedure, Preliminary Draft No. 1
A. Competence and Personal Jurisdiction 1. Transnational Dispute Defined (a) Subject to domestic constitutional provisions and statutory provisions not superseded by these Rules, and except as stated in Rule 2, the courts of a state that has recognized...
Transnational Rules of Civil Procedure, Preliminary Draft No. 1: Commentary
Transnational Rules of Civil Procedure Preliminary Draft No. 1: Commentary(c) GENERAL INTRODUCTION 0.1 Adoption of these Rules The procedure and legal authority for adoption of these Rules is a matter of the internal and international law of nation states....
Utility and Feasibility of Transnational Rules of Civil Procedure: Some German and Swiss Reactions to the Hazard-Taruffo Project
INTRODUCTION As Judge Vanderbilt pointed out earlier in this century, "judicial reform is no sport for the short-winded[.]"1 The difficulties involved in such reform are intensified when combined with an attempt at global harmonization. Organizations...
Various Legislative Attempts with Respect to Bankruptcies Involving More Than One Country
INTRODUCTION The starting point to discuss and understand cross-border insolvencies is that there are three legal possibilities: a local proceeding, a secondary proceeding, and an ancillary local proceeding. The differences affect the provisions of court...

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