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Choice of Law
Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
The "private" in Private International Law
The Maastricht Private Law Lecture, hosted by the Maastricht Department of Private Law, is an annual event at which a most distinguished scholar is invited to give a lecture on a topic related to the wide field of private law. The 2018 Maastricht Private Law Lecture was given by Prof. dr. Symeon C. Symeonides. Symeon C. Symeonides is the Alex L. Parks Distinguished Professor of Law and Dean Emeritus at Willamette University, in Oregon, USA.
Codifying Choice of Law Around the World
"The book is a comparative study of the choice-of-law codifications and convenƯ tions adopted in each of the inhabited continents in the last so years. Its main purpose is to document and inform rather than to critique. Although I do not always hide my opinion, I continue to act on the conviction that what we can learn from legislators is far more important than what they can learn from us" -- PREFACE.
Conflict of Laws
Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
The Foundation of Choice of Law
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are ...
Private International Law
"Following a brief overview of the history of private international law (PIL) and a longer discussion of the nineteenth century (the first golden age of PIL), this volume offers a detailed and insightful review of the last fifty-year period in the international development of PIL (1970-2020), which is the book's main focus. At least in terms of legislative activity, this period may well be the new golden age of PIL, during which we have witnessed the enactment of 101 national or subnational PIL codifications or recodifications, and almost as many international or regional conventions and EU Regulations. These codifications and conventions provide a reliable gauge for assessing the progress of the discipline; they also form the basis for the comparative observations of this book. The first version of this text was published in the Collected Courses of the Hague Academy of International Law (the 2016 General Course on Private International Law or Conflicts Law). The current volume is an expanded, revised edition of that original text, offering In addition to general updating, two new chapters on party autonomy and on the challenges of the internet"--
Private International Law
This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Cross-border Infringement of Personality Rights Via the Internet
Introduction : conflicts on steroids -- The internet -- The scope of this book -- Substantive law differences -- Jurisdictional differences in general -- Jurisdictional differences in cases involving injuries to rights of personality -- Differences and similarities in choice of law -- Recognition and enforcement of foreign judgments : The Hague Convention of 2019 -- The resolution (with comments) -- The resolution (without comments) -- Résolution (traduction) -- Travaux preparatoires : excerpts from correspondence between reporters and members of the eighth commission -- Excerpts from the minutes of The Hague Session of the Institute of International Law, The Hague, August 25-31, 2019.
Conflict of Laws
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