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Университета имени О.Е. Кутафина (МГЮА)


Статьи в номере 1 за 2017 год

Аннотация: Chapter 15 of the United States Code addresses “Ancillary and Other Cross-Border Cases.” It is complex body of law designed to facilitate cooperation between the United States and foreign countries in transnational insolvency cases. Cross-border insolvencies do not exist in a vacuum; Chapter 15 requires many courts and systems to work together and respect each country’s statutory law and common law. This article explains Chapter 15’s purpose, “terms of art,” implementation, and practical realities. U.S. courts have interpreted the law consistently and consonant with Congressional intent of promoting comity and international cooperation in transnational insolvencies. Even so, eleven years after its passage by the U.S. Congress, Chapter 15 has proven to be complicated and somewhat controversial. Case law development continues to shape application of Chapter 15, and this article addresses Chapter 15 disputes such as a debtor’s COMI, standards for eligibility when interpreting 15 U.S.C. § 109(a), and guidance for foreign representatives seeking recognition under Chapter 15.

Автор: Hon. Sidney B. Brooks, Ethan J. Birnberg, Robert D. Lantz


DOI: 10.17803/2313-5395.2017.1.7.110-156

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Аннотация: Unlike a revision, a renewal of treaties through novation amounts to concluding new agreements. As for the consequences of concluding new agreements on the same issues as those that were in the treaties made earlier, many scholars are of the opinion that if the states entered into two agreements on the same issue, the agreement concluded later should be considered as the one in force, and the previous one shall be terminated regardless of whether this is stipulated by a new agreement. But it raises an appropriate question of whether any conclusion of a new treaty relating to the same objects as those of a former treaty should be considered as an event indicative of the termination of the treaty previously concluded. The author tends to believe that the abovementioned position leads to undermining the principle pacta sunt servanda, justifying the possibility of defaulting on previous international obligations under the pretext of the conclusion of new treaties.

Автор: Olga I. Ilyinskaya


DOI: 10.17803/2313-5395.2017.1.7.157-166

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Аннотация: This article is devoted to the analysis of the establishment of the professional recognition systems in the European Union agreements with third countries. The issue of mutual recognition of professional qualifications is one of the key elements of the European Union economic integration with third countries. France- Quebec Agreement on Mutual Recognition of Qualifications is the first initiative between the European Union member state and a Canadian province. The agreement supports efforts aimed at negotiating an economic partnership between the European Union and Canada. The agreement applies to all regulated professions and trades in France and Québec, and is based on the recognition of qualifications. It sets frame for signing first Mutual recognition of professional qualifications agreements pertaining to some thirty trades and professions, and for the other regulated professions. The Canada-European Union Comprehensive Economic and Trade Agreement arrangements for the mutual recognition of qualifications grew out of the Franco — Québecois Agreement. The agreement provides a framework to facilitate the mutual recognition of qualifications in regulated professions such as architects, accountants and engineers. The relevant professional organizations in the European Union and Canada now have a framework that sets out the conditions for the negotiation of mutual recognition agreements for their respective professions. The agreement sets mechanism for professional recognition systems and procedure of its formation. It is an example of European Union cooperation with third countries and a new way of cooperation in the scope of mutual recognition. The mechanism of the European Union cooperation with third countries within the mutual recognition scope can be used by other integrational associations in particular by the Eurasian Economic Union.

Автор: Artem O. Chetverikov, Tatiana S. Zaplatina


DOI: 10.17803/2313-5395.2017.1.7.167-179

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Университет имени О.Е. Кутафина (МГЮА) прекратил сотрудничество с издательской группой Nota Bene.

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