Abstract
Abstract Our analysis in this paper rests on two fundamental premisses: (a) that a set of international choice of law rules in insolvency matters should not be constructed in isolation, but as part of a larger system in which nations cooperate in the interests of predictability and fairness; and (b) conversely, that choice of law is central to any such cooperative system. It follows that we must begin a discussion of the choice of law problem in international insolvency by placing it in context. To do so, it is necessary to describe the traditional structure of the problem and then to explain the rather different distinctions that modern analysis suggests. We will focus primarily on liquidation, for its own sake and as a backdrop to reorganization. Among the various types of choice of law issues, we will focus primarily on the adjudication of property rights.
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