Answering the Call of the European Court of Justice in Eurofoods a Proposed Package of Due Process Rights with a View Toward the 2012 Revision of the European Insolvency Regulation. IES WORKING PAPER 3/2011

This paper anticipates the 2012 revision of the European Insolvency Regulation, which is the sole Union legislation on the subject of cross border insolvency proceedings. The paper first describes the historical background of the Regulation. The salient point of the historical discussion is that the Regulation is the product of forty years of negotiation and arises from a historical context that is no longer applicable to current economic realities, i.e. it provides for liquidation, not reorganization, it doesn’t deal with cross border groups of companies, and it lacks an effective mechanism for transparency and creditor participation. The paper then reviews the unique hybrid jurisdictional system of concurrent universal and territorial proceedings that the Regulation imposes. It looks at this scheme from a practical viewpoint, i.e. what issues arise with concurrent proceedings in two states, involving the same assets, the same creditors, and the same company. The paper then focuses on a significant issue raised by the European Court of Justice in the Eurofoods case, i.e. the need to comply with fundamental due process principles that, while not articulated in the Regulation, lie at the core of Union law. Specifically, the paper considers the ramifications of the Court’s holding that “a Member State may refuse to recognize insolvency proceedings opened in another Member State where the decision to open the proceedings was taken in flagrant breach of the fundamental right to be heard.” In response to the Court’s direction, this paper proposes a package of due process rights, consisting principally of an accessible, efficient and useful insolvency database, the infrastructure of which already exists, but the content and use of which has not yet been developed. As part of a cohesive three part due process package, the paper also proposes the formation of cross border creditors' committees and the establishment of a European Insolvency Administrator. Finally, on the institutional level, this paper proposes that the revision of the Regulation and the development of the insolvency database not only need to be coordinated, but need to be conceptualized, managed and undertaken, not as the separate efforts of diverse institutions, but as a single, unified endeavor.

Higher education scholarships as a soft power tool: an analysis of its role in the EU and Singapore. EU Centre Singapore Working Paper No. 23, March 2015

The European Union and Singapore are vastly different entities, each with its own regional and global priorities and policies. Both actors employ a range of tools and instruments to aid in their foreign policy objectives, including in the projection of their soft power. It is worth analysing and comparing the specific instruments of these two actors’ soft power strategies, including but not limited to their stated objectives and perceived effectiveness. This paper will compare the role of higher education and scholarships in diffusing soft power through a comparative case study of the Erasmus Mundus scholarship program and the Singapore Scholarship administered by the Ministry of Foreign Affairs. It will look at the ways in which these programs have shaped the standing of the actors in diffusing their norms and objectives in the regional and international arena. A comparative analysis of these programs will hopefully provide some insight into the proximity between foreign policy-making and higher education internationalisation. This paper will begin with an overview of the aforementioned programs and related schemes, before dissecting and comparing the intent and the policy-making processes behind these, and concludes with a discussion on the present and future role of higher education as a strategic soft power tool.