论文 代写-美国贸易法律规制案例研究

| 24-10月-2019 | 代写论文

  本篇论文 代写-美国贸易法律规制案例研究讲了贸易法委员会是一个详尽的法律法典,它涉及许多重要问题。它们为选择通过这些法律的国家提供了一些支持和援助。然而,贸易法委员会只是一项准则。各国可以利用贸易法委员会作为框架,制定自己的行为守则。这导致各国制定自己的一套法律,破坏了贸易法委员会的初衷。本篇论文 代写文章由新西兰第一论文 Assignment First辅导网整理,供大家参考阅读。

  UNCITRAL is an exhaustive code of laws and it covers number of important issues. They offer a number of supports and assistance for the countries that chooses to adopt these laws. Nevertheless UNCITRAL is only a guideline. Countries can use this UNCITRAL as a framework and develop their own code of conduct. This has lead to countries developing their own set of laws defeating the original purpose of the UNCITRAL. This was originally created to ensure that the countries have a uniform set of mandated rules. For example Section 1506 of the bankruptcy code of US deals with public policy exception. According to this rule the public policy is exception of being manifestly contrary. This code presents a constitutional challenge in recognizing the foreign representatives in the US courts. Even though they had adopted the Model law there is an issue in interpretation and implementation that exists in the model.

  US Bankruptcy Code Chapter 15 Title 11

  Overall US bankruptcy code has been given along with critical analysis. Comparative analysis of the two is done subsequently. This will enable to gain greater insights of the two systems of laws. Chapter 15 of the US bankruptcy code exclusively deals with the bankruptcy code for companies that are operating from other countries. Chapter 15 is considered to be very similar to the proposals made by the UNCITRAL. Section 304 of the US Bankruptcy procedures of 1978 was changed to Chapter 15 in 2005. Primary notion of the Chapter 15 was to provide relief to the companies involved in bankruptcy. It was also changed in lieu of the UNICTRAL. There are a number of new mandates that has been incorporated in Chapter 15 to follow UNICTRAL. This is considered to be attempt by the United States to facilitate trade by following international set of mandates.

  Principle objectives of the Chapter 15 code are to increase international cooperation in trade and economy. This has also been set up establish greater certainty for the foreign representatives and for all the stakeholders involved in the process. By this process it is expected that America can maintain high employment rate. This is also a way to bring in foreign investors into the country for development. They allow maximisation of asset value and try to help the debtor in the restructuring process. It was created to ensure a fair and unbiased system was present in the system. By this process the US legislation tries to protect the investor and creditors including the debtors. From these actions of the government employment is also secured in the country. This law was created to protect all the stakeholders involved in the process. There are also certain mandatory conditions that the debtor needs to show to trigger the bankruptcy code. This is to prevent abuse of the bankruptcy and comity clause in the system.

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