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LAWS6939 - International Insolvency Law
Faculty of Law (Sydney Law School) - 6 credit points
HECS Band three
EFTSL: 0.125000000
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Department: Law
Offered session(s): 104
Teacher/Coordinator: Prof Christoph Paulus

Classes: Apr 5, 6 & 12, 13 (9-5)

Assessment: 8000wd essay (100%)

In contrast to traditional courses on international insolvency law, this unit will begin by discussing the issue of insolvency proceedings for states. The establishment of procedures for dealing with the insolvency of states is a fairly recent development, which can be traced to moves initiated by the International Monetary Fund during the Argentina crisis in 2001. Since then, a number of methods have been proposed for dealing with the insolvency of states in a more regulated and calculable manner than that in which the Paris and London Club has dealt with these issues over the last 50 years or so. Against this background, this unit will describe the evolution, and discuss the concept, of insolvency proceedings for states. The second part of the unit will deal with the principles of traditional international insolvency law, that is, the principles governing the situation where an insolvent company has assets in more than one jurisdiction. These principles will be exemplified by various cases from different regions of the world. This part of the unit will also consider recent developments aiming to establish regions in which particular transnational insolvency rules are applicable, the main example being the European Insolvency Regulation.
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