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Documentation A. Uncitral/Insol judicial colloquium 1997: Report

โœ Scribed by Mr Justice James Farley


Book ID
102270259
Publisher
John Wiley and Sons
Year
1997
Tongue
English
Weight
403 KB
Volume
6
Category
Article
ISSN
1180-0518

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โœฆ Synopsis


Under the auspices of INSOL and UNCITRAL 50 judges from 30 different countries were involved in the Second Judicial Colloquium over the previous two days. The judicial regimes represented were common law, civil law, a combination thereof, and from other traditions besides these. I t is not surprising that judges may vary in their approach to matters to reflect different concerns in different parts of the world. However, given that the judicial perspective is to ensure that justice is done in the cases before the court, i t is also not surprising that, despite these differences, there is a general consensus of thoughts on international judicial co-operation and communication. The Colloquium has allowed the judges to explore these matters and to appreciate that we have a common interest over a wide variety of subjects.

Of course, law cannot operate in isolation and insulation from the society and economy in which it is to function and regulate conduct and activities. The economy is not merely a domestic one, as it will be influenced by foreign trade and investment going both ways. Therefore, no country's legal system can operate without having regard for the activity of neighbouring states. Given the high degree of internationalism in trade and investment, the world has, in this respect, become a very small place; I believe we must regard each and every state as being neighbours.

Of course, we all live in a very international world. Allow me to digress on a personal level. It is, of course, not surprising at a conference of this particular nature to have discussions, as I did last evening, with a n English woman, a Thai, an Algerian, an American expatriate in Singapore, and a Canadian operating out of the United States, amongst others. But as well, the day that I left for this Conference, I dealt with a number of domestic legal matters and also I continued with the sorting out of the Olympia and York situation, an insolvency of some international impact, as well as a receivership relating to a * Judge of the Ontario Court of Justice (General Division). This is the text of a report delivered to the


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