Cross-Border Insolvency Law

This new work provides a comprehensive and theoretically rich discussion of the law on cross-border insolvency. It engages with several current multi-billion dollar insolvencies such as those of Nortel Networks and Lehman Brothers to provide the reader with state of the art knowledge of the complex problems posed by transnational insolvency. As the number of transnational insolvencies grows due to prevailing economic conditions, practitioners are increasingly required to navigate the mass of legal rules applicable to cross-border insolvency situations. The associated challenges are heightened by the diversity of legal structures employed by modern business entities and a patchwork of costly, inefficient, and unpredictable national legal rules. The response has been a proliferation of international legal instruments such as the UNCITRAL Model Law and the the EU Insolvency Regulation, supplemented by judicial practice, adding further layers of complexity. Writing from an Australian perspective, the authors analyse this network of legal rules and subsequent case law. In addition, they explain the theoretical underpinnings of these rules in an accessible manner to build a solid foundation for practice, facilitate advanced reasoning, and enable the development of sophisticated arguments for law reform. Comparative case law from jurisdictions such as the United States and United Kingdom is also included. This book is highly relevant to insolvency practitioners faced with the recovery of assets located in different jurisdictions, transactional lawyers for whom knowledge of potential insolvency pitfalls is essential, and academics. It is invaluable for students at both undergraduate and postgraduate level seeking a sound understanding of this challenging area of law.

U.S. Asylum Policy and the New World Order

"In the new world order, differences in political ideology have given way to differences in economic conditions between nation states as the prompting force for the outflow of would-be refugees and asylum seekers. In part, these pressures are associated with the political disintegration of the poorer republics of the former Soviet Union and its former satellite nations into ethnic enclaves. But the most endemic of the new contributory pressures are emanating from North-South economic differences between the "have" and "have-not" nations."

EU Multi-level Governance in the Making - The Community Initiative LEADER+ in Finland and Germany

In order to fully understand the process of European integration it is of paramount importance to consider developments at the sub-national and local level. EU integration scholars shifted their attention to the local level only at the beginning of the 1990s with the concept of multi-level governance (MLG). While MLG is the first concept to scrutinise the position of local levels of public administration and other actors within the EU polity, I perceive it as too optimistic in the degree of influence it ascribes to local levels. Thus, learning from and combining MLG with other concepts, such as structural constructivism, helps to reveal some of the hidden aspects of EU integration and paint a more realistic picture of multi-level interaction. This thesis also answers the call for more case studies in order to conceptualise MLG further. After a critical study of theories and concepts of European integration, above all, MLG, I will analyse sub-national and local government in Finland and Germany. I show how the sub-national level and local governments are embedded in the EU s multi-level structure of governance and how, through EU integration, those levels have been empowered but also how their scope of action has partially decreased. After theoretical and institutional contextualisation, I present the results of my empirical study of the EU s Community Initiative LEADER+. LEADER stands for Liaison Entre Actions de Développement de l'Économie Rurale , and aims at improving the economic conditions in Europe s rural areas. I was interested in how different actors construct and shape EU financed rural development, especially in how local actors organised in so-called local action groups (LAGs) cooperate with other administrative units within the LEADER+ administrative chain. I also examined intra-institutional relations within those groups, in order to find out who are the most influential and powerful actors within them. Empirical data on the Finnish and German LAGs was first gathered through a survey, which was then supplemented and completed by interviewing LAG members, LAG-managers, several civil servants from Finnish and German decision-making and managing authorities and a civil servant from the EU Commission. My main argument is that in both Germany and Finland, the Community Initiative LEADER+ offered a space for multi-level interaction and local-level involvement, a space that on the one hand consists of highly motivated people actively contributing to the improvement of the quality of life and economy in Europe s countryside but which is dependent and also restricted by national administrative practices, implementation approaches and cultures on the other. In Finland, the principle of tri-partition (kolmikantaperiaatte) in organising the executive committees of LAGs is very noticeable. In comparison to Germany, for instance, the representation of public administration in those committees is much more limited due to this principle. Furthermore, the mobilisation of local residents and the bringing together of actors from the local area with different social and institutional backgrounds to become an active part of LEADER+ was more successful in Finland than in Germany. Tri-partition as applied in Finland should serve as a model for similar policies in other EU member states. EU integration changed the formal and informal inter-institutional relations linking the different levels of government. The third sector including non-governmental institutions and interest groups gained access to policy-making processes and increasingly interact with government institutions at all levels of public administration. These developments do not necessarily result in the empowering of the local level.

Prevalence of, and antigenic variation in, serotype G10 rotaviruses and detection of serotype G3 strains in diarrheic calves: Implications for the origin of G10P11 or P11 type reassortant asymptomatic strains in newborn children in India

Previous studies have shown predominant association of G10P11 type bovine rotavirus-derived reassortant strains with asymptomatic infections in newborn children in India. To understand the epidemiological and genetic basis for the origin of these strains in humans, the relative frequencies of different serotypes among bovine rotaviruses (BRVs) isolated from southern, western and central regions of the country were determined by subgroup and serotype analysis as well as nucleotide (nt) sequence analysis of the genes encoding the outer capsid proteins VP4 and VP7. Since the human G10P11 asymptomatic neonatal strain I321 possessed NSP1 from a human rotavirus, to determine its genetic origin in the bovine strains, comparative analysis of partial gene sequences from representative G10P11 strains was also carried out. The following observations were of great epidemiological significance, (i) G10P11 strains predominated in all the three regions with frequencies ranging between 55.6% and 85.2%. In contrast to the high prevalence of G6 strains in other countries, only one G6 strain was detected in this study and G8 strains represented 5.8% of the isolates, (ii) among the G10 strains, in serotyping ELISA, four patterns of reactivity were observed that appeared to correlate with the differences in electropherotypic patterns and amino acid (aa) sequence of the VP7, (iii) surprisingly, strains belonging to serotype G3 were detected more frequently (10.7%) than those of serotypes G6 and G8 combined, while strains representing the new serotype (G15) were observed in a single farm in Bangalore, and (iv) about 3.9% of the isolates were nontypeable as they exhibited high cross-reactivity to the serotyping MAbs used in the study. Comparative analysis of the VP7 gene sequence from the prototype G3 MAb-reactive bovine strain J63 revealed greatest sequence relatedness (87.6% nt and 96.0% aa) with that of serotype G3 rhesus-monkey strain RRV. It also exhibited high sequence homology with the VP7 from several animal and animal rotavirus-related human G3 strains (Simian SA11; equine ERV316 and FI-14. canine CU-1 and K9; porcine 4F; Feline Cat2 and human HCR3, YO and AU1). Partial nucleotide sequence analysis of the NSP1 gene of J63 showed greatest nt sequence homology (95.9%) to the NSP1 gene allele of the Indian G8 strain, isolated from a diarrheic child, which is likely to have been transmitted directly from cattle and 92.6% homology to that of the bovine G8 strain A5-10 suggesting the likely origin of J63 by gene reassortment between a bovine G8 strain and a G3 animal strain. Prevalence of G10P11 strains in cattle and G10P11 or P11 type reassortant strains in asymptomatic neonates as well as detection of G8P[1] strains in diarrheic children support our hypothesis for bidirectional transmission of rotaviruses between humans and cattle and origin of novel strains catalyzed by the age-old traditions and socio-economic conditions in India.

High-Temperature Effects on Growth and Propagule Formation in Hydrilla Biotypes

In consecutive greenhouse studies, growth and propagule formation were examined first in monoecious hydrilla [Hydrilla verticillata (L.f.) Royle], then in dioecious hydrilla, at three temperature levels (25, 30, and 35 C) and contrasted over three periods of growth (8, 12 and 16 wks). Each biotype was grown under natural photoperiods, decreasing from 14 hrs (in Oct, Nov, and Dec). For both biotypes, total biomass and root-to-shoot ratios were significantly reduced at 35 C; greater biomass was produced both at 25 and 30C. Increases in growth period generally enhanced total biomass and shoot production; however, shoot length was unresponsive to growth periods beyond 8 wks. The 35C treatment strongly impeded tuber formation and eliminat4ed the production of axillary turions; the number and biomass of these propagules peaked at lower temperatures under short photoperiods after 12 to 16 wks. Shoot elongation was stimulated with increases in temperature and was especially pronounced in the dioecious biotype. Notably, in the monoecious biotype, the number of shoots as a potential source of fragments, and tuber production (although reduced) occurred at relatively high levels under unfavorably hihg-temperature (35C) conditions. These results suggest that monoecious hydrilla may be better adapted to high temperatures than previously shown, and that the distribution of both biotypes in the U.S. could overlap further in southern states.

Food security and poverty alleviation under the National Special Programme for Food Security: a preliminary socio-economic assessment of Yamama Lake, Kebbi state, Nigeria

The World Food Summit in its meeting in Rome in 1999 estimated that 790 million people in the developing world do not have enough food to eat. This is more than the total populations of North America and Europe combined. Nigeria is one of the developing countries affected by hunger, deprivation and abject poverty by its citizenry inspite of its enormous natural and human resources. To reduce poverty and increase food supplies to the masses the Federal Government of Nigeria embarked on a programmed-tagged National Special Programme for Food Security (NSPFS) in the year 2002. The programme's broad objectives are to attain food security in the broadest sense and alleviate rural poverty in Nigeria. One of the areas of the programme's intervention is in the aquaculture and inland fisheries development because Nigeria imported 681mt of fish in 2003 with a total cost of about N50 million. The paper assesses the socio-economic conditions of one of the selected water bodies (Yamama Lake) with a view to introducing community-based fisheries management plan for the rational exploitation and management of the fishery and other aquatic resources of the water body thereby increasing fish supply and improving the living standard of the fisherfolk in the area. Data were collected using Participatory Rural Appraisal (PRA) tools and questionnaire administration

Magnitude da mortalidade por câncer do colo do útero no Brasil, 1996-2005

O presente estudo teve, por objetivo, corrigir a magnitude dos óbitos registrados por câncer do colo do útero no Brasil, e analisar a magnitude da mortalidade por este câncer e sua associação com indicadores sociais, nos estados da região Nordeste, Brasil, no período compreendido entre 1996 a 2005. Para a correção do sub-registro, foram utilizados os fatores criados pelo Projeto Carga Global de Doença no Brasil-1998. Metodologia de redistribuição proporcional foi utilizada para redistribuir as categorias de diagnósticos desconhecidas, incompletas ou mal definidas de óbitos identificadas no sistema de informação sobre mortalidade, exceto os dados ausentes de idade, corrigidos através de imputação. As correções foram aplicadas para cada Unidade Federativa do pais, segundo sexo e grupo etário, e os resultados apresentados para o Brasil e cada grande região e suas respectivas áreas geográficas (capital, demais municípios das regiões metropolitanas e interior). Tendências temporais de mortalidade foram analisadas através de regressão linear simples para cada estado da região Nordeste. Índice de variação percentual foi utilizado para determinar a variabilidade da magnitude das taxas, antes e após a correção dos óbitos. Através de regressão linear, foram analisados o comportamento da correção, e as correlações entre os indicadores socioeconômicos e as taxas de mortalidade por câncer do colo de útero sem e com correção. Após as correções, as taxas de mortalidade por câncer do colo do útero no Brasil mostraram um acréscimo percentual 103,4%, com variação de 35%, para as capitais da região Sul, a 339%, para o interior da região Nordeste. Foram encontradas correlações positivas entre alguns indicadores socioeconômicos e taxas sem correção, e correlações negativa entre esses mesmos indicadores e taxas corrigidas. Com outros indicadores socioeconômicos, observou-se o inverso dessa situação. Os resultados da correção apresentaram consistência em termos geográficos e em relação aos achados da literatura, permitindo concluir que a metodologia proposta foi adequada para corrigir a magnitude das taxas de mortalidade por câncer do colo do útero no país. Se analises comparativas sobre as condições socioeconômicas e o comportamento deste câncer forem estimadas sem quaisquer conhecimentos acerca da cobertura e qualidade de registro dos óbitos, pode-se incorrer a conclusões equivocadas. Considerando a magnitude corrigida da mortalidade por câncer do colo do útero, podemos afirmar que o problema desta doença na região Nordeste e no país, e mais grave do que o observado nos informes oficiais. Contudo, os resultados apontam que os programas de controle e detecção precoce desenvolvidos no país já mostram resultados positivos.

A statistical model of climates in the southwestern United States

EXTRACT (SEE PDF FOR FULL ABSTRACT): We describe an empirical-statistical model of climates of the southwestern United States. Boundary conditions include sea surface temperatures, atmospheric transmissivity, and topography. Independent variables are derived from the boundary conditions along 1000-km paths of atmospheric circulation. ... Predictor equations are derived over a larger region than the application area to allow for the increased range of paleoclimate. This larger region is delimited by the autocorrelation properties of climatic data.

Socio-economic survey of fisher families, 1958-59

Fisher families had been investigated by the Department of Commerce and Industries in earlier economic surveys conducted in 1935, 1938 and 1939 (Das Gupta, 1937 a & b; 1944 a & b). These surveys were directed at the general economic conditions of the urban and rural sectors of the population and therefore did not provide much information in particular on the life of the fisherman or his environment. The Department of Fisheries in 1954 conducted a rapid enquiry into the living conditions of fishermen to obtain some data on their income, indebtedness and general social conditions, at the request of the Canadian Co-operative Consultant for incorporation in his report on the "Status and Possibilities of Co-operative Development of the Fisheries of Ceylon” (MacDonald, 1954). The present survey was undertaken to provide more definite socio-economic information on the fishermen of Ceylon, covering such aspects as income, expenditure, indebtedness and living conditions. The survey was started in June, 1958, but was interrupted by the unsettled conditions of the Island at the time, taking therefore a little over a year for completion. Some of the data collected was used as a basis for a report on the living conditions of fishermen, incorporated in the “Guide to the Fisheries of Ceylon", a hand book published by the Department of Fisheries (Anon. 1958).

Health Security in the White Book on National Security of the Republic of Poland - A Review of Provisions

The paper reviews the provisions of the White Book on National Security of the Republic of Poland. It states that the issue of health security is not given adequate significance there. The accessibility of health services is considered, in general, solely in terms of their availability. The assumptions concerning the concept of providing the number of beds required in a state of threat to national security and in time of war do not take into account the current socio-economic conditions and need to be reviewed. The conclusions emphasize the dilemmas that emerge as a result of the unilateral promotion of a single category of national security, that is military security, in the context of ensuring health security.

Diverse heritage: exploring literary identity in the American Southwest

Since the age of colonisation, the territory of New Mexico has been exposed to a diversity of cultural influence. Throughout recorded history various forces have battled for control of this territory, resulting in a continuous redefinition of its political, geographic and economic boundaries. Early representations of the Southwest have been defined as “strategies of negotiation” between Anglo, Hispanic and Native populations, strategies that are particularly evident in the territory of New Mexico. The contemporary identity of regions like northern New Mexico have destabilised the notion of what constitutes racial purity in regions which are defined by diversity. This thesis aims to evaluate the literary history of northern New Mexico in order to determine how exposure to a diversity of cultural influence has affected the region’s identity. An analysis of Anglo and Native writers from northern New Mexico will illustrate that these racial groups were influenced by the same geographic landscape. As such, their writing displays many characteristics unique to the region. In providing a comparative analysis of Native and Anglo authors from northern New Mexico, this thesis seeks to demonstrate commonalities of theme, structure and content. In doing so this research encourages a new perspective on New Mexico writing one which effectively de-centres contemporary notions of what the American canon should be.

Continuity and change in monetary policy and banking in Ireland 1922-43

The primary objective of this thesis is to examine the development of monetary policy and banking in southern Ireland from the attainment of independence in 1922 (gained through the Anglo-Irish Treaty of 1921) to the establishment of the Central Bank of Ireland in 1943. This research serves to challenge the overwhelming concentration on the findings of a small number of major works, most notably by Ronan Fanning, Maurice Moynihan and Cormac Ó’Gráda, in the existing historiography. This thesis is based on the research hypothesis that there were two key factors impacting on the development of monetary and banking institutions in Ireland in the 1922-1943 period. First, an exogenous institutional context, primarily Anglo-Irish in focus, in which the wider macroeconomic landscape directly influenced monetary policy and banking in Ireland. Second, an individualist context in which the development of relationships between key individuals dictated development patterns and institutional structures. This research highlights that key Irish policymakers, such as Joseph Brennan, evidenced a more flexible and realistic approach to banking and monetary affairs than is currently recognised. It also develops three further issues which have been overlooked in the existing historiography. First, a germ of monetary reform existed in Ireland from as early as the mid-1920s and was consistent in promoting alternative policies in the period to 1943. Second, this research challenges the view that the creation of the Currency Commission in 1927 and the establishment of the Central Bank of Ireland in 1943 were insignificant events given the continued stagnation in Irish monetary policy in the decades after 1943. Third, this thesis identifies that wider international trends did influence Irish monetary and banking affairs in the 1922-43 period. At both an institutional and more individual level the process of monetary institution building in Ireland was directly impacted by wider international experiences.

Poverty and Place in the Context of the American South

In the United States, poverty has been historically higher and disproportionately concentrated in the American South. Despite this fact, much of the conventional poverty literature in the United States has focused on urban poverty in cities, particularly in the Northeast and Midwest. Relatively less American poverty research has focused on the enduring economic distress in the South, which Wimberley (2008:899) calls “a neglected regional crisis of historic and contemporary urgency.” Accordingly, this dissertation contributes to the inequality literature by focusing much needed attention on poverty in the South.

Each empirical chapter focuses on a different aspect of poverty in the South. Chapter 2 examines why poverty is higher in the South relative to the Non-South. Chapter 3 focuses on poverty predictors within the South and whether there are differences in the sub-regions of the Deep South and Peripheral South. These two chapters compare the roles of family demography, economic structure, racial/ethnic composition and heterogeneity, and power resources in shaping poverty. Chapter 4 examines whether poverty in the South has been shaped by historical racial regimes.

The Luxembourg Income Study (LIS) United States datasets (2000, 2004, 2007, 2010, and 2013) (derived from the U.S. Census Current Population Survey (CPS) Annual Social and Economic Supplement) provide all the individual-level data for this study. The LIS sample of 745,135 individuals is nested in rich economic, political, and racial state-level data compiled from multiple sources (e.g. U.S. Census Bureau, U.S. Department of Agriculture, University of Kentucky Center for Poverty Research, etc.). Analyses involve a combination of techniques including linear probability regression models to predict poverty and binary decomposition of poverty differences.

Chapter 2 results suggest that power resources, followed by economic structure, are most important in explaining the higher poverty in the South. This underscores the salience of political and economic contexts in shaping poverty across place. Chapter 3 results indicate that individual-level economic factors are the largest predictors of poverty within the South, and even more so in the Deep South. Moreover, divergent results between the South, Deep South, and Peripheral South illustrate how the impact of poverty predictors can vary in different contexts. Chapter 4 results show significant bivariate associations between historical race regimes and poverty among Southern states, although regression models fail to yield significant effects. Conversely, historical race regimes do have a small, but significant effect in explaining the Black-White poverty gap. Results also suggest that employment and education are key to understanding poverty among Blacks and the Black-White poverty gap. Collectively, these chapters underscore why place is so important for understanding poverty and inequality. They also illustrate the salience of micro and macro characteristics of place for helping create, maintain, and reproduce systems of inequality across place.

Understanding the Context for Long-Term Care Planning.

Evolving family structure and economic conditions may affect individuals' ability and willingness to plan for future long-term care (LTC) needs. We applied life course constructs to analyze focus group data from a study of family decision making about LTC insurance. Participants described how past exposure to caregiving motivated them to engage in LTC planning; in contrast, child rearing discouraged LTC planning. Perceived institutional and economic instability drove individuals to regard financial LTC planning as either a wise precaution or another risk. Perceived economic instability also shaped opinions that adult children are ill-equipped to support parents' LTC. Despite concerns about viability of social insurance programs, some participants described strategies to maximize gains from them. Changing norms around aging and family roles also affected expectations of an active older age, innovative LTC options, and limitations to adult children's involvement. Understanding life course context can inform policy efforts to encourage LTC planning.

Preserving southern history material : an address before the Southern Club of Columbia University, July 31, 1923

This publication is a short address made by William H. Kilpatrick to the Southern Club of Columbia University calling on Southerners to gather and preserve their own history.