Modified universalisms & the role of local legal culture in the making of cross-border insolvency law
- Submitting institution
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Nottingham Trent University
- Unit of assessment
- 18 - Law
- Output identifier
- 20 - 700588
- Type
- D - Journal article
- DOI
-
-
- Title of journal
- American Bankruptcy Law Journal
- Article number
- -
- First page
- 47
- Volume
- 93
- Issue
- 1
- ISSN
- 0027-9048
- Open access status
- Compliant
- Month of publication
- July
- Year of publication
- 2019
- URL
-
-
- Supplementary information
-
-
- Request cross-referral to
- -
- Output has been delayed by COVID-19
- No
- COVID-19 affected output statement
- -
- Forensic science
- No
- Criminology
- No
- Interdisciplinary
- No
- Number of additional authors
-
0
- Research group(s)
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B - Centre for Business and Insolvency Law
- Proposed double-weighted
- Yes
- Double-weighted statement
- This article (more than twice the usual length of a law review article) surveys 25 years of practice under UNCITRAL’s Model Law of Cross-Border Insolvency in a frame that critically engages with extant literature on cross-border insolvency. The scope of the article’s comparative analytical endeavour is reflected in its length. The article challenges the universalist paradigm, rooted in American understandings of insolvency law, that is the dominant strand in the literature, and offers new insights into how judges serve as agents of, and obstacles to, international harmonization contrary to universalists’ accounts of international legal development.
- Reserve for an output with double weighting
- No
- Additional information
- -
- Author contribution statement
- -
- Non-English
- No
- English abstract
- -