At the October 1996 meeting of the Section on Business Law of the International Bar Asscoaition, Committee J presented a programme on environmental issues in insolvency proceedings. The success of the programme encouragd the participants to expand their papers into Environmental Issues in Insolvency Proceedings, which offers an up-to-date current analysis of the treatment of environmental issues in bankruptcy and insolvency proceedings in six jurisdictions: Canada, Denmark, Germany, Spain, the United Kingdom, and the United States.
Each of the contributors outlines the environmental concerns and legal issues within their jurisdiction, and addresses the insolvency issues that arise and the impact of environmental concerns. The text also includes insights from a major international bank – Bank of Nova Scotia – into the handling of international credits where environmental concerns are raised in insolvency proceedings.
1. The US approach to resolving the tension between environmental liabilities and bankruptcy debt forgiveness
2. Environmental issues in insolvency under English law
3. Environmental responsibilities in the insolvency context: the Canadian position
4. Environmental liability and insolvencies - the German position
5. Environmental law issues in bankruptcy: the Danish position
6. Impact of environmental liabilities and responsibilities on insolvency situations: the Spanish perspective
7. Monitoring and managing risk, risk assessment, legal liability and the environment
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