Legal challenges of cross-border insolvencies in sub-saharan Africa with reference to Tanzania and Kenya: a framework for legislation and policies

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Masoud, BS, 2012. Legal challenges of cross-border insolvencies in sub-saharan Africa with reference to Tanzania and Kenya: a framework for legislation and policies. PhD, Nottingham Trent University.

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Abstract

Although a substantial body of literature has developed in recent years in the area of cross-border insolvency, this scholarship has been dominated by scholars from the United States and Europe, so that a perspective from most of Sub-Saharan African (SSA) countries is lacking. This study addresses this perspective. It makes an in-depth examination and discussion of the challenges that SSA countries face in reform and application of cross-border insolvency law given the ever-growing multinational trade and investment. The study focuses on the risk of failure of SSA legislative processes to properly address the potential challenges of cross-border insolvencies in a manner that is sensitive to the local contexts and which provides a balance with international insolvency benchmarks. It examines cross-border insolvency theories; the global drivers for convergence of insolvency law through global insolvency norms; and the implications for cross-border insolvency regulations arising from cross-border trade and investment arrangements, such as the bilateral investment treaties, before considering the state and future of the legislative frameworks of SSA countries.

Item Type:	Thesis
Creators:	Masoud, B.S.
Date:	2012
Rights:	This work is the intellectual property of the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed in the owner of the Intellectual Property Rights.
Divisions:	Schools > Nottingham Law School
Record created by:	EPrints Services
Date Added:	09 Oct 2015 09:35
Last Modified:	09 Oct 2015 09:35
URI:	https://irep.ntu.ac.uk/id/eprint/239