Учебный год 2023 / Theory & Principle in Cross-Border Insolvency, Ian_ F_ Fletcher

entry into force in May 2002 of the EC Regulation on Insolvency proceedings (as described in Ch. 6), a significant number of European states became subject to a supranational legal regime for the conduct of insolvency proceedings relating to debtors classifiable as being properly subject to the Regulation. This is a highly significant development which may serve as a precedent, and perhaps a model, for further regional initiatives elsewhere. Other, globally-aligned programmes are at last bearing fruit, as will be described in Chs. 8 and 9 of this book. Although progress is slow, and at times uncertain, an optimist might venture to suggest that the challenge of international insolvency is at last beginning to be addressed, although it is still a long way from being fully met. While the later chapters of this book attempt to portray the nature and significance of these regional and global initiatives, the earlier ones are devoted to an account of the issues of cross-border insolvency written mainly from the perspective of English law and practice. Contrary to what is sometimes supposed by those who regard English law as essentially insular in its disposition, it is submitted that the following account of its approach to cross-border insolvency demonstrates that, for all its faults and imperfections (and they are many) English law is essentially internationalist in its spirit and orientation.