Human Rights Framework of Insolvency Law: A Mechanism to Balance the Interests of Stakeholders of Insolvent Firms

Abstract

The purpose of the present study is to explore the implications of safeguarding the interests of different stakeholders as human rights through insolvency laws across countries. People in general may think that insolvency procedures help financial creditors to recover their claims from corporate debtor. However, a systematic investigation of insolvency procedures not only disclose that it is not just the recovery of claims by creditors but it is a complex process that involves interests beyond the interest of financial creditors. The research is both qualitative and quantitative and uses, as a method, synthesis of previous literature, interdisciplinary analysis, and meta-analysis of results of prominent studies carried out by prominent organisations such as World Bank, IMF, etc., across the world. The sources of information for this study are primarily of secondary source from prominent data bases like World Bank, International Monitory Fund, EBSCO, Scopus, JSTOR, Oxford, Cambridge, and others. Key words such as “insolvency and human rights”, “bankruptcy and human rights”, “business and human rights”, “rights of stakeholders and insolvency laws”, etc., are the basis of gathering information. Using Human Rights Framework of Insolvency Law, the study mainly addresses the research questions: 1) What are the implications of rights of stakeholders that the insolvency laws assume in implementation? 2) Whether the insolvency laws across the world are following the human rights framework in formulation? The study sheds light on the underlying principles and values of human rights framework to be incorporated in framing insolvency laws by governments.

Presenters

Dr. N. V. V. Satyanarayana Puchakayala
Associate Professor and Chair of Finance, Global Business School, Aditya University, Andhra Pradesh, India

Ramanujam Veluchamy
Associate Professor, Bharathiar School of Management and Entrepreneur Development, Bharathiar University, Tamil Nadu, India

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

Civic, Political, and Community Studies

KEYWORDS

HUMAN RIGHTS, INSOLVENCY LAW, STAKEHOLDERS, SYNTHESIS, AND META ANALYSIS