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Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

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Challenge and Opportunity: the ALI/III Global Principles Project

IF Fletcher

Abstract




This article deals with an international project to establish the extent to which it is feasible to achieve a worldwide acceptance of the Principles of Cooperation among the NAFTA Countries together with the Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases. This contribution explains the process whereby the American Law Institute and the International Insolvency Institute (1) developed principles of cooperation with regard to cross-border insolvency; (2) established acceptance of these principles in jurisdictions across the world, subject to any necessary local modifications; and (3) obtained the endorsement of leading domestic associations, courts, and other groups in those jurisdictions. This article may contribute to the development the South African cross-border insolvency law. The inclusion of the challenges of harmonisation of private international law is also contributing to current debate.

PER/PELJ Vol. 1 2008: pp. 1-28



http://dx.doi.org/10.4314/pelj.v11i1.42222
AJOL African Journals Online