Authors
Robert K Rasmussen
Publication date
1999
Journal
Mich. L. Rev.
Volume
98
Pages
2252
Description
There is no international bankruptcy law. No question, there are international insolvencies. Transnational firms, just like domestic ones, often cannot generate sufficient revenue to satisfy their debt obligations. Their financial distress creates a situation where assets and claimants are scattered across more than one country. But there is no international law that provides a set of rules for resolving the financial distress of these firms. The absence of any significant free-standing international bankruptcy treaty means that a domestic court confronted with the domestic part of a transnational enterprise has to de-cide which nation's domestic bankruptcy law will apply to which as-sets. To the extent that one wants to talk about an" international bankruptcy law," it is nothing more than the question of when, as a matter of domestic law, a court will resolve a dispute according to the law of another country rather than its own nation …
Total citations
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