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Kinds of Estate Terms modified by Estate Selected AbstractsPLANNING THROUGH EXCLUSIVE DIALOGUE: BASIC LESSONS WE CAN LEARN FROM THE PRIVATE ESTATEECONOMIC AFFAIRS, Issue 4 2005Spencer Heath MacCallum Empirical evidence suggests that private estates where land is managed as a multi-tenant property by a single private company with a continuing interest in the value of that property tend to be better run than estates that are subdivided into multiple parcels of separately managed land with the commons managed via some form of political decision-making. Public policy, particularly in the UK, has hindered the growth of successful multi-tenant private estates. [source] COMMERCIAL DEVELOPMENT AND NATURAL RESOURCE MANAGEMENT ON THE INDIGENOUS ESTATE: A PROFIT-RELATED INVESTMENT PROPOSALECONOMIC PAPERS: A JOURNAL OF APPLIED ECONOMICS AND POLICY, Issue 3 2005Jon Altman This article assesses the state of commercial development and resource management on Indigenous land in remote Australia. Indigenous landowners control significant assets,over one million square kilometres of land,often with substantial resource rights and income earning potential. The inactivity and missed opportunities on the Indigenous estate are of such magnitude as to represent a major risk both for Indigenous landowning communities, in terms of their future economic and social well-being, and for national and international interests in terms of ecological vulnerability. The article explores the role of government as risk manager in such circumstances and outlines the principles that might underpin any intervention program targeted to the commercial development of Indigenous land. Using the analytical framework for profit-related loans and elements of an existing venture capital support programme, the Innovation Investment Fund Program, we outline the hypothetical skeleton of a new investment scheme to assist development and natural resource management on the Indigenous estate. Our proposal can be conceptualised as a profit-related loan scheme or as a form of capped public investment. It seeks to address key elements of the market failure that exists in relation to financing development on remote Indigenous land, provides incentives for greater private sector investment, and ensures that commercial and social risks are shared equitably between government, private sector investors and Indigenous-owned corporations to avoid problems of adverse selection and moral hazard. [source] MAGNATE ESTATES ALONG THE ROADACTA ARCHAEOLOGICA, Issue 1 2008COMMUNICATION AND CONTACTS IN SOUTH-WEST SCANIA, SWEDEN, VIKING AGE SETTLEMENTS First page of article [source] Financialization and the Role of Real Estate in Hong Kong's Regime of AccumulationECONOMIC GEOGRAPHY, Issue 2 2003Alan Smart Abstract: The greater dominance of finance in the global economic system is widely considered to have increased instability and created difficulties in constructing modes of regulation that could stabilize post-Fordist regimes of accumulation. Heightened competition and the discipline of global finance restrict the use of Fordist strategies that expand social wages to balance production and consumption. Robert Boyer suggested a model for a possible stable finance-led growth regime. His hypothesis is that once there are sufficient stocks of property in a nation, expenditures that are based on capital gains, dividends, interest, and pensions can compensate for diminished wage-based demand. We contend that the neglect of real estate is a serious limitation, since housing wealth is more significant than other forms of equity for most citizens, and thus that it fails to capture the impact of the perceptions and choices of ordinary citizens. We then argue that features of a finance-led regime of accumulation and a property-based mode of regulation appeared in Hong Kong relatively early. A case study of Hong Kong is used to extend Boyer's discussion, as well as to diagnose Hong Kong's experience for its lessons on the impact of such developments. [source] The Economic World of the Bohemian Serf: Economic Concepts, Preferences, and Constraints on the Estate of Friedland, 1583,1692ECONOMIC HISTORY REVIEW, Issue 3 2001Sheilagh Ogilvie First page of article [source] MAKING SUSTAINABLE CREATIVE/CULTURAL SPACE IN SHANGHAI AND SINGAPORE,GEOGRAPHICAL REVIEW, Issue 1 2009LILY KONG ABSTRACT. Shanghai and Singapore are two economically vibrant Asian cities that have recently adopted creative/cultural economy strategies. In this article I examine new spatial expressions of cultural and economic interests in the two cities: state-vaunted cultural edifices and organically evolved cultural spaces. I discuss the simultaneous precariousness and sustainability of these spaces, focusing on Shanghai's Grand Theatre and Moganshan Lu and on Singapore's Esplanade,Theatres by the Bay and Wessex Estate. Their cultural sustainability is understood as their ability to support the development of indigenous content and local idioms in artistic work. Their social sustainability is examined in terms of the social inclusion and community bonds they engender; environmental sustainability refers to the articulation with the language of existing urban forms and the preservation of or improvements to the landscape. Although both Shanghai and Singapore demonstrate simultaneous precariousness and sustainability, Singapore's city-state status places greater pressure on it to ensure sustainability than does Shanghai, within a much larger China in which Beijing serves as the cultural hearth while Shanghai remains essentially a commercial center. [source] Changes in carabid beetle diversity within a fragmented agricultural landscapeAFRICAN JOURNAL OF ECOLOGY, Issue 1 2003C. N. Magagula Abstract The distribution of carabid and cicindelid (Coleoptera: Carabidae) beetles in five distinct habitats (riparian, mature orchard, pine windbreak, young orchard, natural veld), within Tambuti Citrus Estate (Swaziland) was examined by pitfall trapping over 18 months. Habitats with high vegetation and litter cover had the highest species diversity and larger specimens, e.g. riparian border and pine windbreak, while the lowest diversity was observed in intensively managed mature citrus orchards. While species such as Tefflus delagorguei Guérin occurred in all the habitats sampled, certain species illustrated habitat specificity; e.g. Dromica ambitiosa Péringuey was observed only in the pine windbreaks while Haplotrachelus sp. Chaudoir occurred mainly in the vegetated riparian and natural veld habitats. Four unidentified carabid beetles were exclusive to the riparian border habitat. This habitat was the only one with a distinct assemblage of species in the agricultural mosaic studied. Multivariate analyses were used to assess the role of soil and environmental variables in relation to the ground beetle diversity within the agricultural mosaic studied. Résumé La distribution des carabes et des cicindèles (Coléoptères: Carabidae) dans cinq habitats distincts (riverain, verger mature, coupe-vent de pins, jeune verger, prairie naturelle) dans le Tambuti Citrus Estate (Swaziland) a été examinée pendant 18 mois au moyen de pièges. Les habitats qui avaient la végétation la plus haute et une litière présentaient la plus forte diversité en espèces et les plus grands spécimens, c'est-à-dire l'habitat riverain et les coupe-vent de pins, tandis qu'on observait la plus faible diversité dans les vergers de citronniers intensément gérés. Alors que des espèces comme Tefflus delagorguei Guérin se retrouvaient dans tous les habitats étudiés, certaines espèces illustraient une certaine spécificité, par exemple Dromica ambitiosa Péringuey, qui n'a été observée que dans les coupe-vent de pins tandis que Haplotrachelus sp. Chaudoir se trouvait surtout dans les habitats riverains et les prairies naturelles. Cinq coléoptères carabidés non identifiés se trouvaient exclusivement dans l'habitat riverain. Cet habitat était le seul à avoir un assemblage d'espèces distinct dans la mosaïque agricole étudiée. Des analyses multivariées ont été utilisées pour évaluer le rôle du sol et des variables environnementales par rapport à la diversité des coléoptères dans le sol de la mosaïque agricole étudiée. [source] Economics, Real Estate and the Supply of Land, edited by Alan W. EvansJOURNAL OF REGIONAL SCIENCE, Issue 4 2006John Krainer No abstract is available for this article. [source] Facts, Fiction, and the Fourth EstateAMERICAN JOURNAL OF ECONOMICS AND SOCIOLOGY, Issue 5 2004"Jimmy's World", The Washington Post This paper examines the reaction of the market to news that the Washington Post had won a Pulitzer Prize for a story that was demonstrably false. The reaction to the stock price of the Post as well as the stock prices of other newspapers is examined using dummy variables for two days, four days, and six days. The results show that while the decline in the Post's stock price was relatively small, the t-statistics for all of the dummy variables are significant. The paper also examines the McChesney (1987) hypothesis that the nature of the newspaper business is such that it is difficult for the residual claimants of the paper to receive the financial gains of important news stories. These rents, he points out, are distributed to others. We look to see whether or not residual claimants of that newspaper can be harmed if that newspaper publishes a false story and receives large amounts of bad publicity for its error. [source] Economics, Real Estate and the Supply of Land.PAPERS IN REGIONAL SCIENCE, Issue 3 2005Robyn Welch No abstract is available for this article. [source] Parking Externalities in Commercial Real EstateREAL ESTATE ECONOMICS, Issue 2 2010Bowman Cutter IV Local governments have employed a variety of strategies to reduce street congestion through an increase in parking supply. These policies have been criticized as an implicit subsidy that shifts costs from drivers to the public at large. Others have noted that parking lots and structures can lead to increased water and air pollution. However, there has not been an examination of whether parking, presumably by reducing congestion, generates external benefits. We measure whether nearby parking availability influences commercial property prices after controlling for property characteristics, including on-site parking. We find that publicly accessible parking, such as commercial parking garages, generates significant aggregate externalities. We also find evidence of a significant complementary relationship between building and parking area in property values. This suggests that parking regulation could have a significant impact on property development through its effect on the value of the marginal square foot of building area. [source] Timing and the Holding Periods of Institutional Real EstateREAL ESTATE ECONOMICS, Issue 2 2003David Collett Literature on investors' holding periods for securities suggests that high transaction costs are associated with longer holding periods. Return volatility, by contrast, is associated with shorter holding periods. In real estate, high transaction costs and illiquidity imply longer holding periods. Research on depreciation and obsolescence suggests that there might be an optimal holding period. Sales rates and holding periods for U.K. institutional real estate are analyzed, using a proportional hazards model, over an 18-year period. The results show longer holding periods than those claimed by investors, with marked differences by type of property and over time. The results shed light on investor behavior. [source] Market Efficiency and Return Statistics: Evidence from Real Estate and Stock Markets Using a Present-Value ApproachREAL ESTATE ECONOMICS, Issue 2 2001Yuming Fu This paper develops a methodology to identify asset price response to news in the framework of the Campbell,Shiller log-linear present-value equation. We further show that a slow price adjustment in real estate markets not only induces a high serial autocorrelation in excess returns, but also dampens the return volatility and the correlation with excess returns in other asset markets. Using Hong Kong real estate and stock market data, we find that the quarterly real estate price assimilates only about half the effect of market news, whereas the quarterly stock price incorporates the news fully. Our analysis identifies a cumulative price adjustment that recovers lost information in real estate returns due to market inefficiency and thereby restores the real estate return volatility and the correlation between real estate and stock markets. [source] Estimating Returns on Commercial Real Estate: A New Methodology Using Latent-Variable ModelsREAL ESTATE ECONOMICS, Issue 2 2000David C. Ling Despite their widespreao use as benchmarks of U.S. commercial real estate returns, indexes produced by the National Council of Real Estate Investment Fiduciaries (NCREIF) are subject to measurement problems that severely impair their ability to capture the true risk,return characteristics,especially volatility,of privately held commercial real estate. We utilize latent-variable statistical methods to estimate an alternative index of privately held (unsecuritized) commercial real estate returns. Latent-variable methods have been extensively applied in the behavioral sciences and, more recently, in finance and economics. Unlike factor analysis or other unconditional statistical approaches, latent variable models allow us to extract interpretable common information about unobserved private real estate returns using the information contained in various competing measures of returns that are measured with error. We find that our latent-variable real estate return series is approximately twice as volatile as the aggregate NCREIF total return index, but less than half as volatile as the NAREIT equity index. Overall, our results strongly support the use of latent-variable statistical models in the construction of return series for commercial real estate. [source] Malpractice and Negligence: Estate of Taylor v. Muncie Medical Investors, L.PTHE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 2 2000Stefanie Roberti No abstract is available for this article. [source] Thomas More Council Estate, London: A re-Fabricated Picturesque LandscapeARCHITECTURAL DESIGN, Issue 6 2006Charlie de Bono No abstract is available for this article. [source] Distinguishing between naturally and culturally flaked cobbles: A test case from Alberta, CanadaGEOARCHAEOLOGY: AN INTERNATIONAL JOURNAL, Issue 7 2004Jason David Gillespie Distinguishing between naturally and culturally produced, simply flaked cobbles has been a problem for proponents of a pre-Clovis occupation in the Americas. Several sites in Alberta have been assigned a pre-Clovis status based on the presence of simply flaked cobbles found in Late Pleistocene till deposits. Historically, these types of assemblages have been assigned a cultural status based on subjective criteria and appeals to the analyst's expertise. To determine the archaeological status of two such assemblages from Alberta (Varsity Estates and Silver Springs), they were compared to a known natural assemblage and two known cultural assemblages. Chi-square testing was used to evaluate several lithic attributes. Only those attributes that statistically differentiated between natural and cultural assemblages were used for further analyses. All cobbles were then scored using these attributes. A point was awarded when a statistically significant attribute of human-manufacture was present. These points were then totaled, providing an aggregate score for each cobble. These scores were plotted to determine whether the test assemblages had closer affinities with the known natural or known cultural assemblages. The results indicate that the proposed pre-Clovis assemblages have closer affinities to known natural assemblages than to cultural assemblages. Our results suggest that these sites provide no evidence for a pre-Clovis occupation in the Americas. © 2004 Wiley Periodicals, Inc. [source] Patient-friendly hospital environments: exploring the patients' perspectiveHEALTH EXPECTATIONS, Issue 1 2004Calbert H. Douglas BSc MSc PhD Abstract Objective, To investigate the perceptions and attitudes of patients to the built environments of NHS Trust hospitals, in order to inform design excellence so as to make future hospitals places and spaces responsive to patient needs. Design, An exploratory study of patients perceptions based on qualitative semi-structured personal interviews. Setting and participants, Fifty one-to-one interviews held with hospital in-patients across the four directorates of surgery, medicine, care of the elderly and maternity at Salford Royal Hospitals NHS Trust, Salford, UK. Results, The research found that there was much similarity in the priorities, issues and concerns raised by patients in each of the four directorates. Patients perceived the built environment of the hospital as a supportive environment. Their accounts in each area pointed to the significance of the factors that immediately impacted on them and their families. Patients identified having a need for personal space, a homely welcoming atmosphere, a supportive environment, good physical design, access to external areas and provision of facilities for recreation and leisure. Responses suggest that patient attitudes and perceptions to the built environment of hospital facilities relates to whether the hospital provides a welcoming homely space for themselves and their visitors that promotes health and wellbeing. Conclusions, The findings have important implications for capital development teams, clinical staff, managers and NHS Estates personnel. Although the study has immediate relevance for Salford Royal Hospitals Trust, findings and recommendations reported provide NHS Estates and other relevant stakeholders with evidence-based knowledge and understanding of patients' perceptions and expectations of and preferences for particular facilities and estates provision in NHS hospitals. [source] Bugs, Bats and Animal Estates: The Architectural Territories of ,Wild Beasts'ARCHITECTURAL DESIGN, Issue 3 2010Ben Campkin Abstract For architecture, animals and insects have conventionally represented the threat of infestation - a parasitic and insanitary uninvited presence. Could the animal world, however, offer previously untapped opportunities for design innovation? At a time when the relationship between architecture and nature is coming under question, Ben Campkin takes the opportunity to bring attention to the wider social and geographical processes lying beneath the occupation of the man-made environment by insect and animal life. Copyright © 2010 John Wiley & Sons, Ltd. [source] Local Code: Real EstatesARCHITECTURAL DESIGN, Issue 3 2010Nicholas de Monchaux Abstract With the employment of a geographical information system (GIS), the city can be revealed and analysed with an alacrity that was never previously imagined possible: vacant sites and spaces between buildings can immediately be located. Nicholas de Monchaux describes his project Local Code: Real Estates, based in San Francisco, which has highlighted the potential and scale of residual spaces situated around highways and industry as a new collective resource for community design. Copyright © 2010 John Wiley & Sons, Ltd. [source] Farms and families in ninth-century ProvenceEARLY MEDIEVAL EUROPE, Issue 2 2010Rosamond Faith Information about the people recorded in 813,14 on the estate of St Victor de Marseilles shows that although considered to belong to the monastery they were an independent peasant class. Family size and structure varied: some farms were run by the labour of the family which included unmarried sons and ,married-in' sons-in-law; other farmers employed living-in servants in husbandry. The mountain sheep farms had large groups of unmarried young people. Inheritance systems ensured that the peasant family property remained intact over the generations and provided support for unmarried sons who remained to work there. [source] Financialization and the Role of Real Estate in Hong Kong's Regime of AccumulationECONOMIC GEOGRAPHY, Issue 2 2003Alan Smart Abstract: The greater dominance of finance in the global economic system is widely considered to have increased instability and created difficulties in constructing modes of regulation that could stabilize post-Fordist regimes of accumulation. Heightened competition and the discipline of global finance restrict the use of Fordist strategies that expand social wages to balance production and consumption. Robert Boyer suggested a model for a possible stable finance-led growth regime. His hypothesis is that once there are sufficient stocks of property in a nation, expenditures that are based on capital gains, dividends, interest, and pensions can compensate for diminished wage-based demand. We contend that the neglect of real estate is a serious limitation, since housing wealth is more significant than other forms of equity for most citizens, and thus that it fails to capture the impact of the perceptions and choices of ordinary citizens. We then argue that features of a finance-led regime of accumulation and a property-based mode of regulation appeared in Hong Kong relatively early. A case study of Hong Kong is used to extend Boyer's discussion, as well as to diagnose Hong Kong's experience for its lessons on the impact of such developments. [source] COMMERCIAL DEVELOPMENT AND NATURAL RESOURCE MANAGEMENT ON THE INDIGENOUS ESTATE: A PROFIT-RELATED INVESTMENT PROPOSALECONOMIC PAPERS: A JOURNAL OF APPLIED ECONOMICS AND POLICY, Issue 3 2005Jon Altman This article assesses the state of commercial development and resource management on Indigenous land in remote Australia. Indigenous landowners control significant assets,over one million square kilometres of land,often with substantial resource rights and income earning potential. The inactivity and missed opportunities on the Indigenous estate are of such magnitude as to represent a major risk both for Indigenous landowning communities, in terms of their future economic and social well-being, and for national and international interests in terms of ecological vulnerability. The article explores the role of government as risk manager in such circumstances and outlines the principles that might underpin any intervention program targeted to the commercial development of Indigenous land. Using the analytical framework for profit-related loans and elements of an existing venture capital support programme, the Innovation Investment Fund Program, we outline the hypothetical skeleton of a new investment scheme to assist development and natural resource management on the Indigenous estate. Our proposal can be conceptualised as a profit-related loan scheme or as a form of capped public investment. It seeks to address key elements of the market failure that exists in relation to financing development on remote Indigenous land, provides incentives for greater private sector investment, and ensures that commercial and social risks are shared equitably between government, private sector investors and Indigenous-owned corporations to avoid problems of adverse selection and moral hazard. [source] Delegation of Regulatory Powers in a Mixed PolityEUROPEAN LAW JOURNAL, Issue 3 2002Giandomenico Majone It is a common place of academic and political discourse that the EC/EU, being neither a parliamentary democracy nor a separation-of-powers system, must be a sui generis polity. Tocqueville reminds us that the pool of original and historically tested constitutional models is fairly limited. But however limited, it contains more than the two systems of rule found among today's democratic nation states. During the three centuries preceding the rise of monarchical absolutism in Europe, the prevalent constitutional arrangement was ,mixed government',a system characterised by the presence in the legislature of the territorial rulers and of the ,estates' representing the main social and political interests in the polity. This paper argues that this model is applicable to the EC, as shown by the isomorphism of the central tenets of the mixed polity and the three basic Community principles: institutional balance, institutional autonomy and loyal cooperation among European institutions and Member States. The model is then applied to gain a better understanding of the delegation problem. As is well known, a crucial normative obstacle to the delegation of regulatory powers to independent European agencies is the principle of institutional balance. By way of contrast, separation-of-powers has not prevented the US Congress from delegating extensive rule-making powers to independent commissions and agencies. Comparison with the philosophy of mixed government explains this difference. The same philosophy suggests the direction of regulatory reform. The growing complexity of EC policy making should be matched by greater functional differentiation, and in particular by the explicit acknowledgement of an autonomous ,regulatory estate'. At a time when the Commission aspires to become the sole European executive, as in a parliamentary system, it is particularly important to stress the importance of separating the regulatory function from general executive power. The notion of a regulatory estate is meant to emphasise this need. [source] Profiling the Yorkshire county elector of the early eighteenth century: new material and methodsHISTORICAL RESEARCH, Issue 184 2001Richard Hall This article investigates the possibilities for re-examining the political motivations of eighteenth-century county electors in the light of their socio-economic status. It focuses upon the linkage of estate and electoral records for several townships in Yorkshire, with particular attention paid to the deeds registries of Yorkshire as a source for the political historian. Whilst the argument stresses the importance of developing a broader understanding of the voters' motivations, its key conclusion is that the more one knows about individual electors, the less confidence one can have in generalizations based upon aggregate analyses of poll books. [source] Estate Management, Investment and the Gentleman Landlord in Later Medieval EnglandHISTORICAL RESEARCH, Issue 181 2000Deborah Youngs This article is based on a booklet of accounts for the small estate of Newton, Cheshire. Compiled 1498-1506 by Newton's gentry landlord, they provide rare information on the management and investment strategies of a minor gentleman for his demesne lands. It is to the gentry that historians have generally turned for evidence of enterprise and investment on medieval estates; but few specific examples have been found. This article offers a detailed example supporting the view of the enterprising gentleman, and arguing that a wider diversity of investment was undertaken on a medieval north Midland's estate than is usually appreciated. [source] Land Administration in Medieval Japan: Ito no shô in Chikuzen Province, 1131,1336HISTORY, Issue 289 2003Judith Fröhlich The topic of land administration is central in historical studies of medieval Japan, since it provides insight into the social and economic development during the medieval period and highlights the lives of various social groups, courtiers, clerics, warriors and peasants. Based on the case of Ito no shô, an estate in northern Kyushu, this article analyses the establishment of a wide system of land administration under courtiers and central religious institutions during the twelfth century and its decline during the thirteenth century. The concurrent rise of local land managers and their social and economic activities during the thirteenth century are also explored. Finally, an assessment is made of the impact of the Mongol invasions of 1274 and 1281 on economic and social development during the late thirteenth and early fourteenth centuries, in particular the loss of influence of central authorities in regions remote from the capital and the formation of rural communities under the leadership of local warriors. [source] Catchment-scale contribution of forest roads to stream exports of sediment, phosphorus and nitrogenHYDROLOGICAL PROCESSES, Issue 23 2007Gary J. Sheridan Abstract The relative contribution of forest roads to total catchment exports of suspended sediment, phosphorus, and nitrogen was estimated for a 13 451 ha forested catchment in southeastern Australia. Instrumentation was installed for 1 year to quantify total in-stream exports of suspended sediment, phosphorus, and nitrogen. In addition, a total of 101 road,stream crossings were mapped and characterized in detail within the catchment to identify the properties of the road section where the road network and the stream network intersect. Sediment and nutrient generation rates from different forest road types within the catchment were quantified using permanent instrumentation and rainfall simulation. Sediment and nutrient generation rates, mapped stream crossing information, traffic data and annual rainfall data were used to estimate annual loads of sediment, phosphorus, and nitrogen from each stream crossing in the catchment. The annual sum of these loads was compared with the measured total catchment exports to estimate the proportional contribution of loads from roads within the catchment. The results indicated that 3·15 ha of near-stream unsealed road surface with an average slope of 8·4% delivered an estimated 50 t of the 1142 t of total suspended sediment exported from the catchment, or about 4·4% of the total sediment load from the forest. Stream discharge over this period was 69 573 Ml. The unsealed road network delivered an estimated maximum of 22 kg of the 1244 kg of total phosphorus from the catchment, or less than 1·8% of the total load from the forest. The average sediment and phosphorous load per crossing was estimated at 0·5 t (standard deviation 1·0 t) and 0·22 kg (standard deviation 0·30 kg) respectively. The lower proportional contribution of total phosphorus resulted from a low ratio of total phosphorus to total suspended sediment for the road-derived sediment. The unsealed road network delivered approximately 33 kg of the 20 163 kg of total nitrogen, about 0·16% of the total load of nitrogen from the forest. The data indicate that, in this catchment, improvement of stream crossings would yield only small benefits in terms of net catchment exports of total suspended sediment and total phosphorus, and no benefit in terms of total nitrogen. These results are for a catchment with minimal road-related mass movement, and extrapolation of these findings to the broader forested estate requires further research. Copyright © 2007 John Wiley & Sons, Ltd. [source] McGrath v Riddell: A flexible approach to the insolvency distribution rules?INTERNATIONAL INSOLVENCY REVIEW, Issue 1 2010Blanca Mamutse The rules relating to the division of the insolvent estate assume considerable importance in the field of international insolvencies, where different legal systems interact. International instruments including the European insolvency regulation and the UNCITRAL Model Law on Cross-Border Insolvency have provided a framework which governs the relationship between local and foreign distribution schemes. For English lawyers, questions remain however regarding the future role of the courts' statutory power to cooperate with the courts of ,relevant' countries or territories, and of the common law principle of universalism. An important issue connected to the determination of such questions is the established judicial approach to the pari passu rule, in the application of domestic law. This paper examines the manifestation of this tension in the litigation arising from the collapse of the HIH Casualty & General Insurance group of companies. It notes the scope which remains for continued resort to the statutory power of cooperation, and the potential for the Cross-Border Insolvency Regulations 2006 to encourage a more flexible approach to resolving differences between distribution schemes. Copyright © 2010 John Wiley & Sons, Ltd. [source] Disclaiming onerous property in insolvency: A comparative studyINTERNATIONAL INSOLVENCY REVIEW, Issue 1 2010Paul J. Omar Insolvency practitioners in charge of certain insolvency procedures have a facility open to them to disclaim property deemed to be onerous and whose retention as part of the debtor's estate may affect the mass of creditors. This article takes a comparative survey of a number of jurisdictions in the common-law and civil-law worlds. Its purpose is to assess whether work carried out at international level seeking to benchmark insolvency procedures generally should be revised to take into account enviornmental concerns in relation to such disclaimed property. Copyright © 2010 John Wiley & Sons, Ltd. [source] |