The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...

The UK Cross-Border Insolvency Regulations 2006 (CBIR) permits discretionary relief in the form of applying foreign insolvency law. There is no convincing common-law objection to the application of foreign law.The ability to apply foreign law pursuant to the CBIR is consistent with Chapter 15 of...

Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their shareholders. When a corporation approaches or enters insolvency, however, courts have recently found that the fiduciary duty calculus may change. Recognizing that creditors have financial...

This chapter in an upcoming book on Climate Justice initially discusses the status of American and Canadian indigenous communities and focuses on specific tribes in North America. Following a brief introduction of Canadian and American indigenous peoples, this chapter addresses the threats faced...

The objectives of this paper are to investigate the effect of ICT on sustainable development and the mechanisms through which the effect is modulated. The focus is on a sample of 140 countries around the globe for the period 2000–2019. The methodology involves the: (i) Fixed Effects estimator...

Legal scholars, economists and other social scientist often refer to the idea that countries can be classified into a number of “legal families” or “legal origins”. Yet, this research is unsatisfactory as regards the actual classifications of the legal systems of the world. Legal...

Purpose - The study investigates the role of inclusive human development and military expenditure in modulating the effect of terrorism on governance. Design/methodology/approach - It is based on 53 African countries for the period 1998-2012 and interactive Generalised Method of Moments is...

Data driven governance systems are transforming the regulatory landscape of both states and other governance institutions. Grounded in principles of accountability and embedded in incentive based systems for reducing risk and managing behaviors through mechanisms of choice and markets, these...

This paper examines the rise of algorithmic systems—that is systems of data driven governance (and social credit type) systems in the context of business and human rights and its ramifications (especially its challenges) for law. Section 1 sketches the context within which it is possible to...