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Détails du magazine
Format
Magazine
eISSN
2457-9017
Première publication
16 Apr 2015
Période de publication
2 fois par an
Langues
Anglais

Chercher

Volume 22 (2018): Edition 36 (December 2018)

Détails du magazine
Format
Magazine
eISSN
2457-9017
Première publication
16 Apr 2015
Période de publication
2 fois par an
Langues
Anglais

Chercher

5 Articles
Accès libre

The Interface Between the Securitization Act of 2004 and the Financial Rehabilitation and Insolvency Act of 2010

Publié en ligne: 24 Dec 2018
Pages: 1 - 14

Résumé

Abstract

The interface between securitization law and insolvency law is the central legal concern in designing securitization transactions. The complex structure of these transactions under the Securitization Act of 2004 should be understood within a specific legal context: the possible bankruptcy, insolvency, or liquidation of the “originator” (i.e. the entity requiring securitization financing), which may jeopardize the claims of asset-backed security investors. It is a solution to the risk that security holders with claim to specific assets may end up being subordinated to the interest of preferred creditors and ranked pari passu with, or even lower than, unsecured creditors in a rehabilitation or liquidation proceeding. Under present law, this risk may arise through the “substantive consolidation” and “clawback” provisions of the Financial Rehabilitation and Insolvency Act (FRIA) of 2010. This risk is mitigated through the creation of a bankruptcy remote vehicle and true sale of receivables, and it is the lawyer’s principal role in the securitization process to isolate or ring-fence assets beyond the reach of creditors, and making them an exclusive claim of investors. How this works in theory and practice is the subject of this paper.

Mots clés

  • securitization law
  • insolvency law
  • investors
  • bankruptcy
Accès libre

Member States’ Compliance with EU Law in 2018 in the Field of Internal Market

Publié en ligne: 24 Dec 2018
Pages: 15 - 40

Résumé

Abstract

The present text is dedicated to analysing the situation of Member States’ compliance with EU law in the field of Internal Market because it is one of the most important aspects of the process of European consolidation. In the introductory part we presented the central role of the European Commission because it is the institution that monitors the implementation of the EU law in the national legal order of each Member State. At the centre of our analysis is the 2017 Annual Report of the European Commission. Here we presented in a schematic manner the European norms that the Member States had to implement in their legal order in 2017. We concluded our research by presenting the evolution of this complex process with reference to the data furnished by the Single Market Scoreboard. The situation did not know a significant improvement in the process of Member States’ compliance with EU law. We can see that things evolved but we consider that this evolution could have been better if Member States would have dedicated more attention to this process.

Mots clés

  • European Commission
  • Member States
  • monitoring the application of EU law
  • infringement procedures
  • national legal order
Accès libre

Human Rights for Life. The Experience of Ukraine

Publié en ligne: 24 Dec 2018
Pages: 41 - 48

Résumé

Abstract

The article reveals the peculiarities of the normative and legal consolidation of the human right to life. The authors pay attention to the provisions of the decisions of the Constitutional Court of Ukraine that carry out the interpretation of the human right to life.

Mots clés

  • human rights
  • human rights
  • decisions of the CCU
  • criminal-legal relations
Accès libre

Human Rights for Information in Social Networks: Constitutional Aspect

Publié en ligne: 24 Dec 2018
Pages: 49 - 52

Résumé

Abstract

The article is devoted to coverage features the use of public information in social networks. The author draws attention to the occurrence of criminal responsibility for public expression in social networks.

Mots clés

  • human rights
  • criminal responsibility
  • public appeals
  • social networking
Accès libre

Unilateral Enforcement of Un Security Council Resolutions: The Case of Operation Iraqi Freedom

Publié en ligne: 24 Dec 2018
Pages: 53 - 64

Résumé

Abstract

The prohibition of armed aggression under Article 2(2) of the United Nations Charter is one of the most important developments in international law and international relations in the modern era. The fact that the right to wage war is no longer accepted as falling within the sovereignty of the state has ushered in an appreciably stable international order based on the rule of law and not the rule of might. While states obviously still engage in warfare and numerous wars have been fought by states in the era of the UN, the very fact that the prohibition of armed aggression has assumed universal acceptance as customary international law is a notable achievement. In spite of the prohibition of armed aggression under the UN Charter, self-defence and collective action mandated by the UN Security Council serve as notable exceptions. The US-led invasion of Iraq in 2003 (i.e. Operation Iraqi Freedom) was peculiar because, the justification for the invasion hinged on the enforcement of UN Security Council Resolutions. This justification thus brought to the fore whether, under international law, there was the right to unilaterally enforce Security Council Resolutions. In the current resurgence of unilateralism typified by the US Trumpled withdrawal or threat of withdrawal from multilateral systems of international governance and cooperation, it is important to reiterate the lessons of unilateralism epitomized by the 2003 invasion of Iraq and the instabilities that have become offshoots of this invasion – e.g. the creation of monsters like the so-called Islamic State. This article discusses the resort to unilateralism under the guise of enforcing UN Security Council resolutions. It also engages in a brief discussion on the justifications for war prior to the UN Charter and the provisions on the use of force prescribed in the Charter. It uses the US-led invasion of Iraq in 2003 as a case study to shed light on legality of unilateral enforcement of UN Security Council Resolutions.

Mots clés

  • unilateral enforcement of UN Security Council resolutions
  • use of force
5 Articles
Accès libre

The Interface Between the Securitization Act of 2004 and the Financial Rehabilitation and Insolvency Act of 2010

Publié en ligne: 24 Dec 2018
Pages: 1 - 14

Résumé

Abstract

The interface between securitization law and insolvency law is the central legal concern in designing securitization transactions. The complex structure of these transactions under the Securitization Act of 2004 should be understood within a specific legal context: the possible bankruptcy, insolvency, or liquidation of the “originator” (i.e. the entity requiring securitization financing), which may jeopardize the claims of asset-backed security investors. It is a solution to the risk that security holders with claim to specific assets may end up being subordinated to the interest of preferred creditors and ranked pari passu with, or even lower than, unsecured creditors in a rehabilitation or liquidation proceeding. Under present law, this risk may arise through the “substantive consolidation” and “clawback” provisions of the Financial Rehabilitation and Insolvency Act (FRIA) of 2010. This risk is mitigated through the creation of a bankruptcy remote vehicle and true sale of receivables, and it is the lawyer’s principal role in the securitization process to isolate or ring-fence assets beyond the reach of creditors, and making them an exclusive claim of investors. How this works in theory and practice is the subject of this paper.

Mots clés

  • securitization law
  • insolvency law
  • investors
  • bankruptcy
Accès libre

Member States’ Compliance with EU Law in 2018 in the Field of Internal Market

Publié en ligne: 24 Dec 2018
Pages: 15 - 40

Résumé

Abstract

The present text is dedicated to analysing the situation of Member States’ compliance with EU law in the field of Internal Market because it is one of the most important aspects of the process of European consolidation. In the introductory part we presented the central role of the European Commission because it is the institution that monitors the implementation of the EU law in the national legal order of each Member State. At the centre of our analysis is the 2017 Annual Report of the European Commission. Here we presented in a schematic manner the European norms that the Member States had to implement in their legal order in 2017. We concluded our research by presenting the evolution of this complex process with reference to the data furnished by the Single Market Scoreboard. The situation did not know a significant improvement in the process of Member States’ compliance with EU law. We can see that things evolved but we consider that this evolution could have been better if Member States would have dedicated more attention to this process.

Mots clés

  • European Commission
  • Member States
  • monitoring the application of EU law
  • infringement procedures
  • national legal order
Accès libre

Human Rights for Life. The Experience of Ukraine

Publié en ligne: 24 Dec 2018
Pages: 41 - 48

Résumé

Abstract

The article reveals the peculiarities of the normative and legal consolidation of the human right to life. The authors pay attention to the provisions of the decisions of the Constitutional Court of Ukraine that carry out the interpretation of the human right to life.

Mots clés

  • human rights
  • human rights
  • decisions of the CCU
  • criminal-legal relations
Accès libre

Human Rights for Information in Social Networks: Constitutional Aspect

Publié en ligne: 24 Dec 2018
Pages: 49 - 52

Résumé

Abstract

The article is devoted to coverage features the use of public information in social networks. The author draws attention to the occurrence of criminal responsibility for public expression in social networks.

Mots clés

  • human rights
  • criminal responsibility
  • public appeals
  • social networking
Accès libre

Unilateral Enforcement of Un Security Council Resolutions: The Case of Operation Iraqi Freedom

Publié en ligne: 24 Dec 2018
Pages: 53 - 64

Résumé

Abstract

The prohibition of armed aggression under Article 2(2) of the United Nations Charter is one of the most important developments in international law and international relations in the modern era. The fact that the right to wage war is no longer accepted as falling within the sovereignty of the state has ushered in an appreciably stable international order based on the rule of law and not the rule of might. While states obviously still engage in warfare and numerous wars have been fought by states in the era of the UN, the very fact that the prohibition of armed aggression has assumed universal acceptance as customary international law is a notable achievement. In spite of the prohibition of armed aggression under the UN Charter, self-defence and collective action mandated by the UN Security Council serve as notable exceptions. The US-led invasion of Iraq in 2003 (i.e. Operation Iraqi Freedom) was peculiar because, the justification for the invasion hinged on the enforcement of UN Security Council Resolutions. This justification thus brought to the fore whether, under international law, there was the right to unilaterally enforce Security Council Resolutions. In the current resurgence of unilateralism typified by the US Trumpled withdrawal or threat of withdrawal from multilateral systems of international governance and cooperation, it is important to reiterate the lessons of unilateralism epitomized by the 2003 invasion of Iraq and the instabilities that have become offshoots of this invasion – e.g. the creation of monsters like the so-called Islamic State. This article discusses the resort to unilateralism under the guise of enforcing UN Security Council resolutions. It also engages in a brief discussion on the justifications for war prior to the UN Charter and the provisions on the use of force prescribed in the Charter. It uses the US-led invasion of Iraq in 2003 as a case study to shed light on legality of unilateral enforcement of UN Security Council Resolutions.

Mots clés

  • unilateral enforcement of UN Security Council resolutions
  • use of force

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