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Insolvency Law Reform in Asia and Emerging Global Insolvency Norms

Insolvency Law Journal, Vol 15, pp. 229-242, 2007

19 Pages Posted: 13 Jul 2009 Last revised: 20 Jul 2009

Roman Tomasic

University of South Australia - School of Law; Durham University - Law School

Date Written: 2007

Abstract

Insolvency law reform has become increasingly global in character as law itself has also become more global. This is in part a reflection of the importance of insolvency law as a feature of any well-developed market based economy. It is also a reflection of the work of law reform entrepreneurs in the form of professional bodies such as INSOL International and the International Bar Association, as well as the influence of multilateral bodies such as the Asian Development Bank, the International Monetary Fund, the World Bank, the OECD and UNCITRAL. Governments, such as those in Australia and Japan, have also played a major role in fostering insolvency law reform in Asia. However, the principal trigger for action in this area of law reform over the last decade has been the desire to prevent undesirable consequences of the kind that occurred during the 1997 Asian Financial Crisis. This article examines some of these issues and looks especially at the extent to which recent socio-legal research has enhanced our understanding of these law reform developments and their prospects.

Keywords: Insolvency, Law Reform, Asia, UNCITRAL, Globalization, Bankruptcy Norms

JEL Classification: G33, G38, K22, F17, F36

Suggested Citation

Tomasic, Roman, Insolvency Law Reform in Asia and Emerging Global Insolvency Norms (2007). Insolvency Law Journal, Vol 15, pp. 229-242, 2007. Available at SSRN: https://ssrn.com/abstract=1433411

Roman A. Tomasic (Contact Author)

University of South Australia - School of Law ( email )

GPO Box 2471
Adelaide SA 5001
Australia

Durham University - Law School ( email )

Palatine Centre
Stockton Road
Durham, Durham
United Kingdom

HOME PAGE: http://www.durham.ac.uk

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