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[PASSED] International Bankruptcy Protocol

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Separatist Peoples
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Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Tue Mar 19, 2019 3:04 pm

OOC: Bump

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Separatist Peoples should RESIGN!

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Lord Dominator
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Right-wing Utopia

Postby Lord Dominator » Mon Mar 25, 2019 9:40 pm

Separatist Peoples wrote:OOC: Bump

OOC: Well, I don't have any other concerns, and I doubt anyone new is going to speak up at this point... :p

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Kranostav
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Inoffensive Centrist Democracy

Postby Kranostav » Tue Mar 26, 2019 5:42 am

Separatist Peoples wrote:OOC: Bump

I'll throw support at this
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Kenmoria
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Scandinavian Liberal Paradise

Postby Kenmoria » Tue Mar 26, 2019 9:05 am

“This looks very good; I have no objections to the current draft.”
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Separatist Peoples
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Sat Apr 06, 2019 4:34 pm

OOC: For realz this time, I'm gonna submit. Last call. For realz. I swear.

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Separatist Peoples should RESIGN!

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Marxist Germany
Minister
 
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Ex-Nation

Postby Marxist Germany » Sat Apr 06, 2019 4:36 pm

OOC;I thought "comity" was a typo, then I looked it up, and it turns out I was wrong
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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Mon Apr 08, 2019 6:23 pm

Marxist Germany wrote:OOC;I thought "comity" was a typo, then I looked it up, and it turns out I was wrong

OOC: I could've sworn there was something about that in the OP originally, or in one of SP's or IA's posts on the first page, but yeah, quite a few people will likely at first glance think it's a typo. Reading the FAQ helps, but many people don't even read the resolution text... :meh:

IC: "Just one question for Mr. Bell; can a nation still require the person filing for bankrupcy to also file in that nation even if they own the minority of their property there? Or do all nations have to sort things out in one go? I'm asking, because there are nations in the WA that may have hostilities or even an active state of war between them, and might not trust in having their representative - or someone from their nation in any case - being dealt with fairly in their enemy nation."
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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Mon Apr 08, 2019 6:45 pm

Araraukar wrote:
Marxist Germany wrote:OOC;I thought "comity" was a typo, then I looked it up, and it turns out I was wrong

OOC: I could've sworn there was something about that in the OP originally, or in one of SP's or IA's posts on the first page, but yeah, quite a few people will likely at first glance think it's a typo. Reading the FAQ helps, but many people don't even read the resolution text... :meh:

IC: "Just one question for Mr. Bell; can a nation still require the person filing for bankrupcy to also file in that nation even if they own the minority of their property there? Or do all nations have to sort things out in one go? I'm asking, because there are nations in the WA that may have hostilities or even an active state of war between them, and might not trust in having their representative - or someone from their nation in any case - being dealt with fairly in their enemy nation."

"I suppose so, ambassador, but it strikes me that doing so would disincentive keeping assets in your jurisdiction, since it increases the risk of not reaching collateral or assets and increases overhead. I dont see how a nation would find that particularly desirable."
Last edited by Separatist Peoples on Mon Apr 08, 2019 6:54 pm, edited 3 times in total.

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Separatist Peoples should RESIGN!

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Lusane
Secretary
 
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Founded: Apr 04, 2019
Ex-Nation

Postby Lusane » Mon Apr 08, 2019 11:03 pm

Support.
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Merni
Ambassador
 
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Founded: May 03, 2016
Democratic Socialists

Postby Merni » Tue Apr 09, 2019 12:08 am

Separatist Peoples wrote:Abhorring the lack of international comity requirements for insolvent entities in a world increasingly reliant in globalized commerce;

Should that be "on"? (emphasis mine)
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Separatist Peoples
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Left-Leaning College State

Postby Separatist Peoples » Sun Apr 14, 2019 1:58 pm

OOC: Updated

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Separatist Peoples should RESIGN!

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Separatist Peoples
GA Secretariat
 
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Wed Oct 23, 2019 9:05 am

OOC: del bumpo. Now that I have finished my academic tour de force, I can look back at this.

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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Imperium Anglorum
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Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Wed Oct 23, 2019 9:35 am

Almost read that as Tour de France. But full support nevertheless.

Also, can I have permission to use your definition of bankruptcy?
Last edited by Imperium Anglorum on Wed Oct 23, 2019 9:38 am, edited 1 time in total.

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Separatist Peoples
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Sun Dec 15, 2019 6:38 am

Imperium Anglorum wrote:Almost read that as Tour de France. But full support nevertheless.

Also, can I have permission to use your definition of bankruptcy?

Ooc: I missed this, but yes.

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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Separatist Peoples
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Sat Apr 18, 2020 3:21 pm

bump

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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The New Sicilian State
Spokesperson
 
Posts: 196
Founded: Sep 30, 2019
Ex-Nation

Postby The New Sicilian State » Sat Apr 18, 2020 4:32 pm

OOC: I had to look twice at "Comity", thank you for expanding my vocabulary today Sep. :p

"The notion that I will stop receiving second-hand emails detailing the juggling of assets and lawsuits between states from the N. D. S. S. State Department is refreshing to say the least. Support."
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Yohannes
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Founded: Mar 17, 2010
Ex-Nation

Re: [DRAFT] International Bankruptcy Comity

Postby Yohannes » Sat Apr 18, 2020 6:01 pm



"Ambassador Bell, my apologies if what I'm about to say sounds a bit silly, I don't have a lot of knowledge about Bankruptcy Comity -- feel free to laugh at me."

"In 1883, the Supreme Court of a fairly well-known federation of fifty states in Canada Southern Ry Co v Gebhard said that 'every person who deals with a foreign corporation implicitly subjects himself to such laws of the foreign government, affecting the powers and obligations of the corporation with which he voluntarily contracts, as the known and established policy of that government authorises.'"

"What is your opinion on that old Supreme Court decision in 1883? And, in your opinion, do international insolvencies pose special problems for the bankruptcy regimes of many nations out there?"
Last edited by Yohannes on Sat Apr 18, 2020 6:02 pm, edited 1 time in total.
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Separatist Peoples
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Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Sat Apr 18, 2020 6:14 pm

Yohannes wrote:

"Ambassador Bell, my apologies if what I'm about to say sounds a bit silly, I don't have a lot of knowledge about Bankruptcy Comity -- feel free to laugh at me."

"In 1883, the Supreme Court of a fairly well-known federation of fifty states in Canada Southern Ry Co v Gebhard said that 'every person who deals with a foreign corporation implicitly subjects himself to such laws of the foreign government, affecting the powers and obligations of the corporation with which he voluntarily contracts, as the known and established policy of that government authorises.'"

"What is your opinion on that old Supreme Court decision in 1883? And, in your opinion, do international insolvencies pose special problems for the bankruptcy regimes of many nations out there?"


"Well, ambassador, initially, if you have assets under the jurisdiction of a foreign government, you have already availed yourself of that foreign jurisdiction. For another, the point of offering comity is to recognize that, while the state offering comity may itself have jurisdiction for bankruptcy matters, it is nonetheless more efficient and more simple to apply foreign law where the majority of assets are subject to the foreign jurisdiction already. Nations may decide not to apply comity. However, it strikes me as overall more burdensome to do so for most assets, and regardless of whether it is burdensome, there is value in enforcing a stay on creditors to provide time for an adequate defense under a new jurisdiction."

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Separatist Peoples should RESIGN!

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Aprenencia
Attaché
 
Posts: 97
Founded: Mar 07, 2020
Ex-Nation

Postby Aprenencia » Sun Apr 19, 2020 3:21 pm

"Comity" should be "committee" in your proposal.

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The New Nordic Union
Diplomat
 
Posts: 599
Founded: Jul 08, 2016
Left-wing Utopia

Postby The New Nordic Union » Sun Apr 19, 2020 3:25 pm

Aprenencia wrote:"Comity" should be "committee" in your proposal.


'It really shouldn't.' Katrin grabs the dictionary always lying nearby and slaps it on the Aprenencian ambassador's desk.

OOC Edit: If you read the OP FAQ carefully, you'll find the concept of comity explained.
Last edited by The New Nordic Union on Sun Apr 19, 2020 3:29 pm, edited 1 time in total.
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Yohannes
Postmaster-General
 
Posts: 13162
Founded: Mar 17, 2010
Ex-Nation

Re: International Bankruptcy Comity

Postby Yohannes » Sun Apr 19, 2020 3:57 pm

Separatist Peoples wrote:However, it strikes me as overall more burdensome to do so for most assets, and regardless of whether it is burdensome, there is value in enforcing a stay on creditors to provide time for an adequate defense under a new jurisdiction."


“Thank you so much for your patience. Your Excellency, I will be voting for this.”

Aprenencia wrote:"Comity" should be "committee" in your proposal.


Politely, the Yohannesian ambassador smiled and said quietly, “Ambassador, thank you for brightening up my day.”

The New Nordic Union wrote:'It really shouldn't.' Katrin grabs the dictionary always lying nearby and slaps it on the Aprenencian ambassador's desk.


She chuckled softly.
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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Sun Apr 19, 2020 4:47 pm

Aprenencia wrote:"Comity" should be "committee" in your proposal.


"You have confused committee, pronounced kəˈmidē, which is a group appointed with a specific function, and comity, or kämədē, which is a considerate and voluntary application of foreign law."

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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The New Sicilian State
Spokesperson
 
Posts: 196
Founded: Sep 30, 2019
Ex-Nation

Postby The New Sicilian State » Mon Apr 20, 2020 6:18 am

Separatist Peoples wrote:
Aprenencia wrote:"Comity" should be "committee" in your proposal.


"You have confused committee, pronounced kəˈmidē, which is a group appointed with a specific function, and comity, or kämədē, which is a considerate and voluntary application of foreign law."


“That sounds a bit like a fancified pronunciation of ‘comedy’... Is this funny to you, ambassador?”
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Office: the floor between the copier and the water fountain
Palermo Parliamentary Building
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Imperium Anglorum
GA Secretariat
 
Posts: 12659
Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Mon Apr 20, 2020 6:46 am


Author: 1 SC and 56+ GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
GenSec (24 Dec 2021 –); posts not official unless so indicated
Delegate for Europe
Elsie Mortimer Wellesley
Ideological Bulwark 285, WALL delegate
Twice-commended toxic villainous globalist kittehs

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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Wed Apr 22, 2020 9:09 am

Ooc: when things have gotten less frenetic, I will look at submission. As it is, I wont compete for attention with the ongoing abortion debate.

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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