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Developing Cross-Bailiwick Restructuring Laws: the Guernsey
Developing cross-bailiwick restructuring laws: The Guernsey and Jersey Royal Courts sanction cross-border pooling of assets and liabilities of insolvent companies Publication - 01/04/2020 Overview In decisions delivered on 24 August 2015 and 7 October the Royal Courts of Guernsey Court and Jersey respectively held that where the affairs of two insolvent companies (incorporated in Jersey and Guernsey respectively) are so intermingled that the expense of unravelling them would adversely affect distributions to creditors, it can be appropriate to treat the companies as a single entity. Having concluded that there was no bar in the legislative framework of Guernsey which would prevent such an application and with the interests of creditors firmly to the fore, the Deputy Bailiff of Guernsey granted a proposal by the Joint Liquidators (from Grant Thornton) to consolidate the assets and liabilities of a Guernsey company with the assets and liabilities of a related, but separate company incorporated in Jersey subject to the sanction of the Jersey Court. The Jersey Court subsequently reached a similar conclusion in terms of its jurisdiction to grant a pooling order. This is the first time the Guernsey Court has considered and granted such an order, which has allowed a procedure which, on its face, would appear to contradict basic principles i.e. separate legal personality and that creditors can only share in the assets of the company against which they are entitled to lodge a claim. Acknowledging the inevitable rise of cross-jurisdictional corporate insolvencies, the Guernsey Court confirmed the basic purpose of a liquidation was the realisation of a company’s assets for the benefit of its creditors and held that where there was a solution whereby creditors would receive more than they otherwise would, then common sense dictated that such a solution should find favour with the Court. -
China and the Law of the Sea: an Update
IV China and the Law of the Sea: An Update Guifang Xue* Introduction his article examines the practice of the People's Republic of China with re Tspect to the 1982 United Nations Convention on the Law of the Sea {1982 LOS Convention),l Two principal areas will be assessed: China's efforts to accom modate the challenges of the Convention to its ocean domain as a coastal State and its major maritime legislation to implement the Convention regime. The analysis begins with a brief introduction of China's maritime features and a review of its basic stance toward the Convention. This is followed by a discussion of the major challenges China encountered while establishing its ocean domain based on the Convention regime. China's efforts in implementing the 1982 LOS Convention through national legislation are examined to assess the consistency of that statu tory framework with Convention requirements. Finally, conclusions are drawn from China's law of the sea practice. It is shown that China, fo r its part, has been accelerating domestic procedures with a view to enabling it to comply with Con vention requi rements. However, China's maritime practice has not been wholly consistent with Convention provisions. At the same time, China's oceans policy adjustments indicate a move away from its previous position as solely a coastal .. Direaor and Professor, Institute for the Law of the $ea, Ocean University of China . The views expressed herein are solely those of the author and do not necessarily reflect those of the government of the People's Republic of China Part of this article is built on the author's previous work entitled China and International Fisheries Law and Policy, published by Martinus NijhoffPublishers in 2005. -
Film Producer Buys Seacole Bust for 101 Times the Estimate
To print, your print settings should be ‘fit to page size’ or ‘fit to printable area’ or similar. Problems? See our guide: https://atg.news/2zaGmwp ISSUE 2454 | antiquestradegazette.com | 15 August 2020 | UK £4.99 | USA $7.95 | Europe €5.50 koopman rare art antiques trade KOOPMAN (see Client Templates for issue versions) THE ART M ARKET WEEKLY [email protected] +44 (0)20 7242 7624 www.koopman.art Face coverings Film producer buys Seacole now mandatory at auction rooms bust for 101 times the estimate across England A terracotta sculpture of Mary Seacole by Alex Capon (1805-81) sparked fierce competition at Dominic Winter. Wearing a face covering when Bidding at the South Cerney auction house attending an auction house in England began with 12 phones competing for the has now become mandatory. sculpture of Seacole, who nursed soldiers The updated guidance also applies to visitors to galleries and museums. during the Crimean War. Since July 24, face coverings have been It eventually came down to a final contest compulsory when on public transport as involving underbidder Art Aid and film well as in supermarkets and shops including producer Billy Peterson of Racing Green dealers’ premises and antique centres. The government announced that this Pictures, which is currently filming a would be extended in England from August biopic on Seacole’s life. 8 to include other indoor spaces such as Peterson will use the bust cinemas, theatres and places of worship. as a prop in the film. It will Auction houses also appear on this list. then be donated to the The measures, brought in by law, apply Mary Seacole Trust Continued on page 5 and be on view at the Florence Nightingale Museum. -
A Transnational Law of the Sea
Chicago Journal of International Law Volume 21 Number 2 Article 6 1-1-2021 A Transnational Law of the Sea Josh Martin Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Part of the Law Commons Recommended Citation Martin, Josh (2021) "A Transnational Law of the Sea," Chicago Journal of International Law: Vol. 21: No. 2, Article 6. Available at: https://chicagounbound.uchicago.edu/cjil/vol21/iss2/6 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. A Transnational Law of the Sea Josh Martin Abstract It is widely accepted that we are presently struggling to govern the vast expanse of the ocean effectively. This Article finally gets to the real cause of much of the failures of the law of the sea: Westphalian sovereignty. In particular, it evidences that certain features of our obstinate model of public international law—such as sovereign exclusivity, equality, and territoriality—can be linked with a large majority of the governance “gaps” in the global ocean context. It thereby exonerates the falsely accused Grotius’s mare liberum doctrine and flag state regulation, which both still continue to receive an unmerited level of condemnation. This Article also argues that worldwide searches for new integrated systems of ocean management are, in fact, a search for a new paradigm of governance, well-known among lawyers, but yet to be thoroughly analyzed in the law of the sea context, that of transnational law and governance. -
Of the Third Law of the Sea Convention Jonathan L
American University International Law Review Volume 15 | Issue 3 Article 2 2000 Fostering Protection of the Marine Environment and Economic Development: Article 121(3) of the Third Law of the Sea Convention Jonathan L. Hafetz Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Hafetz, Jonathan L. "Fostering Protection of the Marine Environment and Economic Development: Article 121(3) of the Third Law of the Sea Convention." American University International Law Review 15, no. 3 (2000): 583-637. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. FOSTERING PROTECTION OF THE MARINE ENVIRONMENT AND ECONOMIC DEVELOPMENT: ARTICLE 121(3) OF THE THIRD LAW OF THE SEA CONVENTION JONATHAN L. HAFETZ* INTRODUCTION ....... ................................ 584 I. ARTICLE 121(3) AND THE TREATMENT OF ISLANDS UNDER INTERNATIONAL LAW ............... 587 A. ISLANDS UNDER INTERNATIONAL LAW BEFORE THE THIRD UN CLOS .......................................... 587 B. ARTICLE 121 AND THE STATUS OF ISLANDS AFTER UN CLO S 1 .............................................. 589 1. Origins of Article 121(3) ................................ 589 2. InterpretingArticle 121(3) ............................... 591 II. UNCLOS II AND THE PROTECTION OF THE MARINE ENVIRONMENT ................................. 595 A. THE ENVIRONMENTAL PURPOSE OF THE THIRD UNCLOS ... 596 1. Requiring States to Protect the Marine Environment ..... 596 2. BalancingMarine Environmental Protectionand Economic Development ................................ -
Hansard Report July 2019
O F F I C I A L R E P O R T O F T H E S T A T E S O F T H E I S L A N D O F A L D E R N E Y HANSARD The Court House, Alderney, Wednesday, 24th July 2019 All published Official Reports can be found on the official States of Alderney website www.alderney.gov.gg Volume 7, No. 7 Published by the Greffier of the Court of Alderney, Queen Elizabeth II Street, Alderney GY9 3TB. © States of Alderney, 2019 STATES OF ALDERNEY, WEDNESDAY, 24th JULY 2019 Present: Mr William Tate, President Members Ms Annie Burgess Mr Mike Dean Mr James Dent Mr Kevin Gentle Mr Christian Harris Mr Louis Jean Mr Graham McKinley Mr Steve Roberts Mr Alexander Snowdon The Deputy Greffier of the Court Ms Sarah Kelly Business transacted Tribute to Lieutenant-Colonel Peter Walter MBE, MC & Bar ........................................................... 3 Apologies for absence ...................................................................................................................... 3 Convener’s Report of the People’s Meeting held on 17th July 2019 ............................................... 4 Procedural – Apology regarding the last sitting ............................................................................... 4 Billet d’État for Wednesday, 24th July 2019 ............................................................................ 4 I. Alderney Football Association Lease Extension – Item approved ......................................... 4 II. Single-use plastics – Debate without resolution .................................................................. -
Law of Thesea
Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs Law of the Sea Bulletin No. 83 asdf United Nations New York, 2014 NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Furthermore, publication in the Bulletin of information concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the United Nations of the validity of the actions and decisions in question. IF ANY MATERIAL CONTAINED IN THE BULLETIN IS REPRODUCED IN PART OR IN WHOLE, DUE ACKNOWLEDGEMENT SHOULD BE GIVEN. Copyright © United Nations, 2013 Page I. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ......................................................... 1 Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the Implementation of Part XI of the Convention and of the Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks ................................................................................................................ 1 1. Table recapitulating the status of the Convention and of the related Agreements, as at 30 November 2013 ................................................................................................................. 1 2. Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements, as at 30 November 2013 ................................................................................ 9 a. The Convention ....................................................................................................................... 9 b. -
Guernsey Image Rights
inbrief Guernsey Image Rights Inside What can be registered? What is protected? Ownership and exploitation Infringement Exceptions Comparisons to existing protections Remedies and enforceability inbrief Introduction What can be registered? Unlike trade marks, there is no requirement Famous sportspeople, entertainers The to register the images in relation to specified The Image Rights (Bailiwick of Guernsey) Bailiwick of Guernsey, the small British territories or particular goods or services: in Ordinance 2012, enables the registration of a essence the protection is universal (although Crown dependency in the English personality and “images” associated with the see notes below re enforceability outside Channel known as an offshore tax personality. haven, has achieved a ‘world first’ by Guernsey). There is an option to limit the scope A personality includes the personality of: of a registration by territory and/or by goods and establishing a unique registered image services, thereby allowing the original owner to rights regime. This is a bold step for • Natural persons (either alive or who have died within the 100 years prior to the registration carve up their assets, having different proprietors the tiny island, but are the new rights being filed); for different purposes. a useful tool for global personalities? • Legal persons (either existing or which have Protection will continue for as long as the ceased to exist within the 100 years prior to personality (and associated images) are registered, the registration being filed); but renewals will be required every 10 years in the case of a personality and every 3 years in the case • A “Joint Personality” (2 or more natural or of an image. -
Border Restrictions Updated 6 April 2021
Please note, although we endeavour to provide you with the most up to date information derived from various third parties an d sources, we cannot be held accountable for any inaccuracies or changes to this information. Inclusion of company information in this matrix does no t imply any business relationship between the supplier and WFP / Logistics Cluster, and is used solely as a determinant of services, and capacities. Logistics Cluster /WFP maintain complete impartiality and are not in a position to endorse, comment on any company's suitability as a reputable serv ice provider. If you have any updates to share, please email them to: [email protected] Border Restrictions Updated 6 April 2021 State / Territory Restrictions (Other Info) Restriction Period Source of Info URL / Remarks State of Emergency is extended until 18 April 2021. Color-coded system to guide response. Current level is Code Blue. All entry permits suspended until further notice. All travellers must provide negative COVID-19 test results within 72 hours before arrival and are subject to full quarantine of 14 days. Moreover, the American Samoa traveller is required to disclose if he/she had a positive result prior to testing negative. American Samoa Until 18 April 2021 Government, 19 March https://www.americansamoa.gov/ Cargo flights into the Territory to deliver or retrieve cargo or mail will be allowed, provided that each 2021 occupant of the plane must furnish proof to the Director of Health of a negative COVID-19 test results within 72 hours before arrival, and further provided tht no one will disembark withouth the prior written approval of the Governor. -
International Boundary Cities: the Debate of Transfrontier Planning in Two Border Regions
Volume 31 Issue 3 Summer 1991 Summer 2020 International Boundary Cities: The Debate of Transfrontier Planning in Two Border Regions Lawrence A. Herzog Recommended Citation Lawrence A. Herzog, International Boundary Cities: The Debate of Transfrontier Planning in Two Border Regions, 31 Nat. Resources J. 587 (2020). Available at: https://digitalrepository.unm.edu/nrj/vol31/iss3/6 This Article is brought to you for free and open access by the Law Journals at UNM Digital Repository. It has been accepted for inclusion in Natural Resources Journal by an authorized editor of UNM Digital Repository. For more information, please contact [email protected], [email protected], [email protected]. LAWRENCE A. HERZOG* International Boundary Cities: The Debate on Transfrontier Planning in Two Border Regions** ABSTRACT For the first time in modern history, large-scale cities are evolving along the borders of nation-states. The settlement pattern is one in which urban residents on either side of the boundary are enmeshed in a singularfunctional region, or "transfrontiermetropolis." Eco- logical resources are shared within these common transboundary living spaces. Environmental problems such as sewage contamina- tion, hazardous waste spillage, or air pollution are also shared. While cooperative transborderplanning has been proposed as a means for resolving these problems, it is not clear that such an approachworks. This article examines the transfrontierpolicy debate for two important boundary regions: Western Europe and the U.S.- Mexico border. Western Europe'srecord of transfrontiercooperation is critically reviewed. While the volume of transfrontierplanning projects has mushroomed there during the past decade, many struc- tural obstacles to long term cooperation remain. -
CBP Has Improved Southwest Border Technology, but Significant Challenges Remain
CBP Has Improved Southwest Border Technology, but Significant Challenges Remain February 23, 2021 OIG-21-21 OFFICE OF INSPECTOR GENERAL Department of Homeland Security Washington, DC 20528 / www.oig.dhs.gov February 2, 2021 MEMORANDUM FOR: Troy A. Miller Senior Official Performing the Duties of the Commissioner U.S. Customs and Border Protection FROM: Joseph V. Cuffari, Ph.D. Digitally signed by JOSEPH V JOSEPH V CUFFARI Inspector General Date: 2021.02.22 CUFFARI 15:16:43 -05'00' SUBJECT: CBP Has Improved Southwest Border Technology, but Significant Challenges Remain Attached for your action is our final report, CBP Has Improved Southwest Border Technology, but Significant Challenges Remain. We incorporated the formal comments provided by your office. The report contains three recommendations aimed at improving border security technology and situational awareness of the southwest border. Your office concurred with all three recommendations. Based on information provided in your response to the draft report, we consider all three recommendations resolved and open. Once your office has fully implemented the recommendations, please submit a formal closeout letter to us within 30 days so that we may close the recommendations. The memorandum should be accompanied by evidence of completion of agreed-upon corrective actions. Please send your response or closure request to [email protected]. Consistent with our responsibility under the Inspector General Act, we will provide copies of our report to congressional committees with oversight and appropriation responsibility over the Department of Homeland Security. We will post the report on our website for public dissemination. Please call me with any questions, or your staff may contact Thomas Kait, Acting Assistant Inspector General for Audits, at (202) 981-6000. -
CERN to Cross Border Into France
CCEJan/FebArchive11 23/1/06 16:45 Page 11 CERN COURIER ARCHIVE: 1963 A look back to CERN Courier vol. 3, January 1963 LOOKING AHEAD CERN to cross border into France The 23rd session of CERN Council was held on 19 December 1962, under the presidency THE ORGANIZATION of Mr Jean Willems (Belgium). The president CERN in a nutshell opened the session by a tribute to the memory of Prof. Niels Bohr, one of the The European Organization for Nuclear founders of CERN, who died on 18 November. Research (CERN) came into being in 1954 Commenting on the progress report of the as a cooperative enterprise among Organization, Prof. V F Weisskopf, the Director- European governments in order to regain a general, stated that “1962 was a decisive year first-rank position in nuclear science. At for CERN…which now has a healthy scientific present it is supported by 13 Member programme exploiting reasonably well the States, with contributions according to their opportunities of the two accelerators, within national revenues: Austria (1.92 %), the limits of our present state of development”. Belgium (3.78), Denmark (2.05), Federal In a statement concerning the programme Republic of Germany (22.47), France and budget, however, Prof. Weisskopf issued (18.34), Greece (0.60), Italy (10.65), a warning, pointing out that the success of our The size of the new experimental hall in the Netherlands (3.87), Norway (1.46), Spain laboratory does not mean that its facilities are East area of the PS can be seen in this aerial (3.36), Sweden (4.18), Switzerland (3.15), fully exploited.