Résultat 1 ressource
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Although a substantial body of literature has developed in recent years in the area of cross-border insolvency, this scholarship has been dominated by scholars from the United States and Europe, so that a perspective from most of Sub-Saharan African (SSA) countries is lacking. This study addresses this perspective. It makes an in-depth examination and discussion of the challenges that SSA countries face in reform and application of cross-border insolvency law given the ever-growing multinational trade and investment. The study focuses on the risk of failure of SSA legislative processes to properly address the potential challenges of cross-border insolvencies in a manner that is sensitive to the local contexts and which provides a balance with international insolvency benchmarks. It examines cross-border insolvency theories; the global drivers for convergence of insolvency law through global insolvency norms; and the implications for cross-border insolvency regulations arising from cross-border trade and investment arrangements, such as the bilateral investment treaties, before considering the state and future of the legislative frameworks of SSA countries.