Published online by Cambridge University Press: 17 February 2022
Godwin’s chapter considers the experience to date of convergence in the area of financial law and, specifically, the UNCITRAL Model Law on Cross-Border Insolvency (‘Model Law’). In particular, the chapter examines the factors that prevent convergence in the area of financial law or, to put it differently, the factors behind divergence. It is suggested that through an examination of these factors, it is possible to assess the practicalities – and the relative merits - of convergence. Such an examination also offers insights into the appropriateness of mechanisms that might be used to achieve convergence and the extent to which the mechanisms need to be tailored to the particular circumstances or legal terrain. The experience of the Model Law shows that full convergence in law (in terms of absolute uniformity) is neither realistic nor practicable and that there is a need to accept a degree of divergence in law between jurisdictions. It also suggests that divergence in law is not a negative as it often leads to convergence in outcomes. Further, divergence – or diversity - is positive if it achieves convergence in outcomes that could not otherwise be achieved as a result of fundamental differences between national legal systems.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.