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This paper deals with the interaction of insolvency and secured transactions law in a “bijural” jurisdiction, composed of sub-jurisdictions that come from different legal origins. It gives an introduction to bijuralism and then examines an example, namely the interaction of Canadian insolvency law and provincial secured transactions law. It stresses the different origins of Anglo-Canadian law and Québec law, in particular the difference in property law between the two and how it affects secured transactions law. It argues that given these fun- damental differences, the provinces have achieved a relatively harmonized secured transac- tions law. The paper goes on to compare the interaction in Canada with the interaction of European law and the law of EU member states. While the Canadian experience can serve as an example for the interaction in Europe, it also demonstrates shortcomings that need to be addressed in Canada as well as by a European insolvency legislator.

This paper deals with the interaction of insolvency and secured transactions law in a “bijural” jurisdiction, composed of sub-jurisdictions that come from different legal origins. It gives an introduction to bijuralism and then examines an example, namely the interaction of Canadian insolvency law and provincial secured transactions law. It stresses the different origins of Anglo-Canadian law and Québec law, in particular the difference in property law between the two and how it affects secured transactions law. It argues that given these fun- damental differences, the provinces have achieved a relatively harmonized secured transac- tions law. The paper goes on to compare the interaction in Canada with the interaction of European law and the law of EU member states. While the Canadian experience can serve as an example for the interaction in Europe, it also demonstrates shortcomings that need to be addressed in Canada as well as by a European insolvency legislator.

Thesis (Ph. D.)--Hong Kong University of Science and Technology, 2003. / Includes bibliographical references (leaves 65-75). Also available in electronic version. Access restricted to campus users.

International political economy scholarship largely focuses on the motivations and determinants of FDI flows and their effects on economic wellbeing, stability and peace. An overlooked question, however, is the restrictions of inward FDI. Extant research widely regards national security and economic security as the justifications for FDI restriction. This is an oversight because there is a broad overlap in conceptualizations of national security and economic security. In this thesis I study the phenomenon of the use of the concept “critical industry” to justify FDI restrictions. I investigate eight cases of restricted FDI transactions occurred in China and the United States between 2005 and 2012, and the relevant institutions and practices of both countries. This study argues that the protection of critical industry is the key driver of inward FDI restrictions and that the security of critical industry is better understood to protect individual industries, defense-sensitive industries, critical infrastructures, and industries pertaining to regime-security. / Graduate

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