Private international law / Conflict of laws Books

Book SynopsisThis classic textbook provides a thorough overview of European private international law. It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book clearly explains the subject’s central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. Drawing on the author’s rich experience, the new edition retains the book’s hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.Table of Contents1. Introduction 2. The Core of European Private International Law: Jurisdiction 3. The Core of European Private International Law: Applicable Law – Contracts 4. The Core of European Private International Law: Applicable Law – Tort 5. The Insolvency Regulation 6. Free Movement of Establishment, Lex Societatis and Private International Law 7. Private International Law, Corporate Social Responsibility and Extraterritoriality

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Book SynopsisHow foreign law is established, and whether it must be relied upon at all, are central issues in private international law, with important implications in principle and in practice. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish the content of foreign law the object of that process is undermined. The cost and unpredictability of establishing foreign law also have an important impact on litigation, affecting the parties'' choice of forum, and how cases are argued and decided. This book, the first detailed examination of the topic in English law, is an account of the pleading and proof of foreign law from an English perspective, which also places the law in a comparative context, and considers options for reform. It provides a practical guide to the subject, but also presents the conflicts process in a way which is both novel and illuminating. Recognized as the leading account ofTrade Reviewa most important contribution to a gradual approximation of common law and civil law approaches to the subject * Professor Erik Jayme, Professor of Law, University of Heidelberg and President of the Institut de Droit International *Oxford University Press are to be warmly congratulated on promoting a series of specialist monographs in Private International Law ... nearly 350 pages of balanced and detailed text ... As one would expect from Oxford University Press the work is handsomely produced with detailed footnotes containing full references to common law and civil law jurisdictions ... The volume will benefit any lawyer with a case involving foreign law ... this book can be read with profit and pleasure by all ... a timely, readable and absorbing book which is likely to become the specialist text on this particular topic ... this volume will be cited regularly in the courts and will find a place in all university law libraries. Mr Fentiman has made a valuable contribution to the literature of private international law with this specialist monograph. * Legal Update, 1999 ( reviewer not named) *This book is a much-needed addition to the slowly developing stock of modern, scholarly writings about the nature and theory of conflict laws from the English standpoint ... the work will be read with interest and enlightenment by academics and practitioners alike ... thanks to Fentiman, those curious to discover these matters can set about doing so, and at the same time they will be pleasantly surprised to discover some promising indications that the law is at last destined to enter upon a phase of reformulation in consequence of recent developments ... The ten chapters of Fentiman's book together provide a challenging, and tautly argued, account of the law that is properly critical of its illogical and absurd aspects ... a fascinating period of evolution is in prospect ... the current text provides ample inspiration, and intellectual sustenance, for those who aspire to play an active part in that process. * Ian Fletcher, The Law Quarterly Review, Vol 115, July 1999 *"A book of remarkable wealth", Horatia Muir Watt, Revue Critique - January-March 1999Any writer touching on English law owes a very great debt to Richard Fentiman. * James McComish, Melbourne University Law Review *This is a monograph of rare quality which will have a considerable impact on our understanding of its subject, and so both on teaching and practice. * David McLean, British Yearbook of International Law *Table of ContentsI INTRODUCTION ; II LEGAL RISK AND MULTISTATE TRANSACTIONS ; III THE LAWS GOVERNING MULTISTATE LITIGATION ; IV COMMENCING PROCEEDINGS ; V PREVENTING PROCEEDINGS ; VI RECOVERY AND ENFORCEMENT

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Book SynopsisThis book provides systematic analysis of the way in which The Hague Child Abduction Convention has been applied in England and Scotland, with reference also to the case law of Australia, Canada, France, New Zealand and the US. All the key provisions and terms of the Convention are explored.Trade ReviewWritten in a clear and elegant style, this monograph accomplishes its goals of presenting the convention in its practical and theoretical aspects, drawing on a broad spectrum of sources, both judicial and academic, in an international perspective. The Oxford series has set a very high standard, and Beaumont & McEleavy have certainly lived up to it. * McGill Law Journal *... valuable to anyone seeking clear and detailed explanations of how the convention actually works. * McGill Law Journal *... provides a timely examination of the theoretical and practical aspects of the Hague Convention. * McGill Law Journal *... a significant contribution to the literature on transborder child custody and the international community's response to it. * McGill Law Journal *This is a book of first class scholarship ... the authors offer thoughtful and incisive criticism on every topic. No one working in the area of international family law will want to be without this book. Anyone considering writing a legal commentary on an international convention would be wise to study what is a truly exemplary work. * International and Comparative Law Quarterly *The important Oxford Monographs in Private International Law series has recently been enriched by this book devoted to one of the most widely ratified Hague Conventions: the 1980 Convention on international child-kidnapping. * Revue Critique de Droit Internationale Privé *... this book provides a wealth of information from both the social and legal points of view ... this text should be a standard referencee work in regards to the Hague Convention on International Child Abduction. * Mediterranean Journal of Human Rights *Table of ContentsGeneral Editor's Preface ; Preface ; Table of Cases ; Table of Legislation ; Introduction ; Sociological Review and Analysis of International Child Abduction ; The Evolution of an International Convention: The Hague Model ; Aims ; Removal and Retention ; Rights of Custody ; Habitual residence ; Article 13(1)(a): Has the Dispossessed Parent Consented or Subsequently Acquiesced in the Removal or Retention? ; The Protection of Children where a return may result in Harm: Article 13(1)(b), Undertakings & Article 20 ; The Right of a Mature Minor to object to a Return: Article 13 ; Article 12(2): The Child is now settled in its New Environment ; Rights of Access ; Relationship of the Hague Convention with Other International Instruments ; Interpretation ; The Child Abduction Convention in Practice ; Conclusions ; Appendix 1: English and French Text of the Convention ; Appendix 2: Table of Ratifications and Accessions ; Appendix 3: Hague Convention Statistics ; Index

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Book SynopsisThe Conflict of Laws provides an introduction and analysis of the rules of private international law as they apply in England, describing the topic''s three distinct branches comprising the conflict of jurisdictions, the conflict of judgments, and the conflict of laws. The volume covers a broad range of topics, from examining different jurisdictions, the law applicable to contractual and non-contractual obligations, to the impact of foreign judgements and more.Following a significant period of uncertainty as depicted in the previous edition, this new fifth edition represents the subject as it has settled in the aftermath of the post-Brexit upheaval. It seeks to illustrate how the retained (or assimilated) EU law has been integrated into the overall structure of private international law as it evolved in common law, and to assess the extent to which the nature of the subject has been altered or otherwise affected by the Brexit changes.The areas in which reform or other development may b

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Book SynopsisThis clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely: (i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgments recognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed Hague Convention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and techniTrade ReviewThe preclusive effect of foreign judgments in international law is a veritable minefield for lawyers. But given the exponential rise in transnational litigation in recent years, it is a subject which more and more practitioners are having to come to grips with. This book promises to be a formidable weapon in the armoury of such practitioners. ... attempts to unravel many of the mysteries surrounding this branch of the law. * Journal of the Commonwealth Lawyers' Association 2001 *The series of Oxford monographs in private international law is producing some innovative titles, frequently in areas that have not been covered previously in texts of such depth. Dr Barnett's work is a welcome addition to the series, and is in many ways groundbreaking. ... deals with the complex questions which arise when the doctrines of res judicata and abuse of process are applied to foreign judgements. It will be a valuable addition to the library of the international commercial lawyer. * New Law Journal, 15 Feb 2002 *This is another excellent contribution to the Oxford Monographs in Private International Law. The academic community of private international lawyers, not to mention those in the real world of legal practice and judges, owe a debt of gratitude to Peter Carter QC for taking the initiative to found this series and to edit it. this is a very thoroughly researched book on a difficult topic that adds to our knowledge of the effects of foreign judgments. * Law Quarterly Review, 1 Apr 2002 *a welcome addition to the [Oxford monographs in private international law] series, and ... in many ways ground breaking ... It will be a valuable addition to the library of the international commercial lawyer. * Gavin McFarlane, New Law Journal, February 2002 *Table of ContentsI: INTRODUCTION ; II: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND AT COMMON LAW OR UNDER RELATED STATUTORY SCHEMES ; III: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND UNDER INTERNATIONAL CONVENTIONS ; IV: CONCLUSION

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Book SynopsisThe Study Group on a European Civil Code has taken the task of drafting common European principles for the important aspects of the law of obligations and for certain parts of the law of property in movables which are relevant for the functioning of the common market. This work seeks to advance the process of Europeanisation of private law.

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Book SynopsisThe Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field.This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to thTable of ContentsPART 1: PURPOSE AND SCOPE; PART 2: JURISDICTION; PART 3: APPLICABLE LAW; PART 4: RECOGNITION AND ENFORCEMENT

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Book SynopsisWith a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanization on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly European legal order. The work begins by looking at the making of European Intellectual Property law, covering models of European harmonization, the pursuit of harmonization to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology. Using intellectual property as a case study in private law Europeanization, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.Trade ReviewThis edited collection is an excellent guide and read for those searching for the lore behind European IP. The ambition to explore IP as a case study in private law Europeanisation is unique and a real contribution to scholarship in Europe and elsewhere It further emphasizes the uniqueness of IP as an independent field for judicial enquiry and not merely as a species of property. This edited collection succeeds in offering a natural starting point for thinking about a common European legal method, and the form which such a method might and ought to take (p.23) It is not only a fascinating journey through the thoughts and wisdom of the leading experts that have contributed to the volume, but a real pioneering learning experience. * Lior Zemer, Radzyner School of Law, Interdisciplinary centre, Herzliya *The book offers an insightful approach to an area of EU law that remains relatively unexplored, although increasingly significant. The result is a thought-provoking book. Thanks to comprehensive theoretical analysis, intriguing perspective, and critical account of historical developments, and the Europeanization of Intellectual Property Law is a book for everyone interested in the future of EU intellectual property law and private law in general. * Stavroula Karapapa, Yearbook of European Law *Table of ContentsPART I: THE EUROPEANIZATION OF INTELLECTUAL PROPERTY LAW ; 1. Intellectual Property as a Case Study in Europeanization: Methodological Themes and Context ; 2. An Overview of European Harmonization Measures in Intellectual Property Law ; PART II: HARMONIZATION MODELS AND APPROACHES ; 3. The Europeanization of Patent Law: Towards a Competitive Model ; 4. Is Harmonization a Good Thinga The Case of the Copyright Acquis ; 5. The Europeanization of Trade Mark Law ; PART III: THE IMPACT OF GENERAL EU LAW ; 6. The Impact of General European Union Law on Industrial Property Law ; 7. The Balancing Impact of General European Union Law on European Intellectual Property Jurisprudence ; PART IV: THE IMPACT OF CONSTITUTIONAL RIGHTS AND VALUES ; 8. The European Fundamental Rights and Intellectual Property ; 9. Rhetoric and Reality: The Impact of Constitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of Peer to Peer ; PART V: EUROPEAN AND NATIONAL COURTS ; 10. The Relationship between European and National Courts in Intellectual Property Law ; 11. Towards a Unified Patent Court in Europe ; 12. The Future of European Intellectual Property Courts: Intellectual Property and the European Judicial Architecture ; PART VI: TOWARDS A EUROPEAN LEGAL METHODOLOGY? ; 13. A Constitutionalised Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology ; 14. Concluding Remarks: Postmodernism and Beyond

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Book SynopsisThe new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students'' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law.It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections oTrade ReviewThis very well-established book needs no introduction. With contributions from an expanded team of private international law experts, the text covers almost all aspects of English private international law. Especially because it is the last edition on the English position immediately prior to Brexit, this latest edition is a most welcome product. ... It is an understatement to say that this is a huge research resource but being a huge research resource is also why it is so valuable to everyone. * Look Chan Ho, International Company and Commercial Law Review *Table of ContentsPART I: INTRODUCTION; PART II: PRELIMINARY TOPICS; PART III: JURISDICTION, FOREIGN JUDGMENTS AND AWARDS; PART IV: THE LAW OF OBLIGATIONS; PART V: FAMILY LAW; PART VI: THE LAW OF PROPERTY

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Book SynopsisFrom the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally. Table of ContentsIntroduction1. International Acknowledgment of the Importance of Housing 2. Approach and Aims of the Book 3. The Belgian and Flemish Right to Housing as Illustration PART I An Effective Right to Housing: Beyond Legal-Technical Issues 1 Human Dignity: A Guiding Principle for a Stronger Right to Housing? 1. Exploring the Content of Human Dignity and Its Use in a Human Rights Context A. History of the Concept B. Human Dignity in a Human Rights Context 1) First Function: A Foundation for Human Rights 2) Second Function: A Value/Right to Protect and Guarantee C. The Added Value and Pitfalls of Using Human Dignity 1) As an Equivalent of Decent or Adequate Housing 2) As an Open-Ended Norm for Courts and Other Institutions a. A Driving Force for Other Rights b. The Other Side of the Coin: A Race to the Bottom? c. Subjective vs. Objective Dignity 4. Impact on Economic, Social and Cultural Rights and the Right to Housing A. Obligations of Result or Conduct? According to Private or International Law? B. A Recipe for Confusion 5. Towards Result-Oriented Obligations? A. The Right to Housing as an Obligation of Result B. A Result-Oriented Approach 6. Conclusion 5 Progressive Realization and Retrogressive Measures 1. Introduction 2. The Concept of Progressive Realization under Scrutiny: From a Housing Rights Perspective A. Progressiveness as a Flexibility Device B. Flexibility Does Not Equal Freedom of Obligations 1) Drittwirkung 2) Immediate Obligations 3) Minimum Core C. Focus on Progressiveness 3. Retrogressive Measures and Financial Constraints A. Origins in International Human Rights Law B. Justification of Retrogressive Measures in International Human Rights Law 1) Presumption of Impermissibility 2) More Leeway for Budgetary Concerns? 3) Connection between Article 2(1) and 4 ICESCR 4) Budgetary Concerns: The Position of the European Committee of Social Rights C. The Application in Belgian Case Law 1) A Broader Margin of Appreciation: No Presumption of Non-Retrogression 2) Practical Problems: Establishing Retrogression 3) A Different Application of the Principle: The Proportionality Test D. Appropriateness of Retrogressive Measures 4. Conclusion 6 Towards Result-Oriented Obligations 1. International Monitoring Techniques 2. Enforceability of Progressive Realization A. A Review Criterion B. Reasonableness 1) Different Scopes of Reasonableness 2) Reasonableness as Appropriateness a. A Preliminary Proposal b. Possible Criticism and Imperfections 3. Combining Monitoring and Reasonableness A. Overview of the Proposal B. Requirements and Areas of Concern 1) The Monitoring Body 2) Ex-Ante and Ex-Post Analysis: Practical Difficulties 3) Enforceability of Progress 5. Conclusion Conclusions Index

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Book SynopsisProvides a selective analysis of the provisions of the CISG that have been applied in a 'critical mass' of court and arbitral decisions. The book, assessing the state of international sales law, is timely given the maturing state of CISG jurisprudence. Will be of interest to practitioners and scholars alike.Table of Contents1. Introduction; 2. CISG methodology and jurisprudence; 3. Formation: writing requirements; 4. Formation: offer and acceptance rules; 5. Obligations of buyers; 6. Obligations of sellers; 7. Common obligations of buyers and sellers; 8. Breach of contract by seller; 9. Breach of contract by buyer; 10. Damages, excuses, and preservation; 11. Summary and observations.

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Book SynopsisConstitutionalizing Criminal Law explains why the Supreme Court of Canada’s jurisprudence considering the constitutionality of criminal laws fails to strike a principled balance between the need to increase the coherency of the criminal law while maintaining the legitimacy of judicial review.Table of Contents1 Choosing among Rights2 Principles of Criminal Law Theory3 Principles of Instrumental Rationality4 Enumerated Principles of Criminal Justice5 A Normative Approach to Constitutionalizing Criminal Law6 Lessons from the Canadian ExperienceNotes; Bibliography; Index

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Book SynopsisMunicipal licensing serves a variety of regulatory purposes such as consumer protection and public health and safety. The municipal licensing power is delegated from the provincial government, up to the present, municipalities have been restricted to enumerated, specific powers, and the result has been the growth of a disorganized and unwieldy accumulation of bylaws, many of which conflict or are obsolete. The development of a two-tier system of municipal government, exemplified by Metropolitan Toronto, adds to the complexity of the issues. Basing their analysis upon municipal experience in Ontario, the authors envisage a reorganized system in which provincial and municipal powers will be exercised more rationally to deal with problems at the level at which they tend to occur.Municipal licensing in practice is the topic of a study of the cartage and taxicab industries in a number of Canadian and American cities. Comparisons of industry structure in differing regulatory enviro

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Book SynopsisRenmin Chinese Law Review, Volume 10 is the tenth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.Table of ContentsContents: 1 Juristic acts, public order and good morals 1 Dai Mengyong 2 Legal rhetoric as a technology to construct the social community 33 Li Sheng 3 Discovering the invisible facts: the use of social science knowledge in judicial practice 58 Zhang Jianyuan 4 Procuratorial organs in national governance system: organizational environment and legal theory structure 83 Liang Hongfei 5 On the diffraction effect of grassroots law enforcement: from the perspective of ecology 114 Liang Yongcheng 6 Introspection on the logic of theory of organizational control in criminal law 146 Yuan Guohe 7 Identification of terrorism in criminal law 171 Jian Kunyi 8 Clarification and application of necessity impeding liabilities: From the perspective of murder committed by female victims of domestic violence 197 Kui Jia 9 Private law interpretation of smart contracts 227 Wu Ye 10 The status and determination of ‘trademark use’ in trademark infringement 250 Lv Bingbin 11 The framework of equal protection analysis in America 278 Liu Jianlong Index

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Book SynopsisTrade Review‘This outstanding book provides a rigorous examination of the complex legal issues raised by the cross-border protection of trade secrets in today’s knowledge-based society. It is a unique contribution that will influence the future interpretation and application of European private international law rules in this field.’ -- Pedro De Miguel Asensio, Complutense University of Madrid, Spain'For anyone transferring technology into EU member states, this is an important book. To encourage innovation, the EU upgraded its substantive trade secrecy law. It did not, however, consider private international law. This book fills that gap with a thorough, learned, and highly readable discussion of jurisdiction and applicable law.' -- Rochelle Dreyfuss, New York University, US‘Trade secrets are still too often seen as ancillary to registered IP rights, whereas they are crucial in our borderless data-driven economy. This excellent study looks at how private international law deals with cross-border trade secret disputes. It does so in a clear and comprehensive manner. This is essential reading!’ -- Paul Torremans, University of Nottingham, UK‘How can lawyers prepare for cross-border trade secret disputes? Such cases require combined expertise in different areas, such as international commercial contracting, private international law and intellectual property law or related rights. This book facilitates this task by providing a comprehensive and clear analysis of the relevant rules in the European Union. It guides practitioners and scholars to reflect on how and where such cross-border trade secret disputes can be taken to courts, and how this specialized legal area could be better designed in the future.’ -- Marta Pertegás Sender, Maastricht University, the NetherlandsTable of ContentsContents: PART I THE FACTUAL, THEORETICAL AND SUBSTANTIVE LAW BACKGROUND. 1 Introduction to cross-border trade secret disputes 2 The factual and theoretical background to trade secret protection 3 The international framework for the protection of trade secrets 4 The protection of trade secrets in the European Union PART II TRADE SECRETS AND PRIVATE INTERNATIONAL LAW. 5 Characterisation in European private international law 6 The international private international law framework for trade secret protection 7 Jurisdiction over trade secret disputes in the European Union 8 The law applicable to trade secret disputes in the European Union 9 Overriding mandatory rules, public policy and non-excludable rules in the Trade Secret Directive 10 Conclusions on jurisdiction and applicable law with respect to cross-border trade secret disputes Index

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Book SynopsisTrade Review‘Comparative research is foundational for the understanding of foreign law and of one’s own law, for stimulating legal reform, for harmonizing laws. It may tackle entire legal orders or single issues. Moura Vicente chooses a middle course; in a systematic way he deals with the law of obligations (contracts, torts, restitution) covering a wide range of both common law and civil law systems. His international expertise witnessed by many comparative law publications in Portuguese, is now accessible to a broader community.’ -- Jürgen Basedow, Max Planck Institute for Foreign and International Private Law, GermanyTable of ContentsContents: I Introduction II Contracts III Unilateral legal transactions IV Non-contractual liability V Negotiorum gestio VI Unjust enrichment VII Main concepts of the Law of Obligations VIII The international harmonisation and unification of the Law of Obligations Index

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Book SynopsisTaking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.Table of ContentsPart I. Starting Off: 1. Introduction; Part II. Jurisdiction; 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. EU Law: the problem of pure financial loss; 6. The traditional English rules; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. US law: some highlights; Part IV. Procedure: 18. Freezing assets; 19. Obtaining evidence abroad: forum procedures; 20. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 21. Introduction to choice of law; 22. Torts; 23. Contracts: the principle of party autonomy; 24. Contracts: legal policy and choice of law; 25. The common-law countries: regulating business, protecting employees and helping consumers; 26. Foreign currency; 27. Property: tangible movables; 28. Contractual rights and property interests – I; 29. Contractual rights and property interests – II; 30. Contractual rights and property interests – III.

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Book SynopsisExpropriation is a hotly debated issue in international investment law. This book applies the insights of legal theory to analyse expropriation clauses in investment treaties, clarifying what expropriation is and how to apply the unspecific prescriptions in investment agreements.Trade Review'… the book shall certainly provide much food for thought, and it is the reviewer's opinion that the work could eventually achieve significant impact on the field of international investment law.' Gábor Hajdu, Austrian Journal of Public LawTable of Contents1. Introduction; 2. Customary international law; 3. Investment precedents; 4. Treaty interpretation; 5. Doctrinal scholarship; 6. The regulatory expropriation conundrum; 7. Expropriation: a new beginning; 8. Expropriation reconstructed.

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Book SynopsisThe Role of Business in the Responsibility to Protect closes the gap between research on the Responsibility to Protect and the private sector, as previous research has focused only on state responsibilities and state actors. This book examines in detail the developing research on the significant role that private sector actors can play in promoting peace and stability. Contributors to this volume explore the key arguments for where, why, and how private sector actors can contribute to the prevention and cessation of mass atrocity crimes; and how this can inform and extend the UN policy discussion around Responsibility to Protect. The contributors include lead voices in the Responsibility to Protect discourse as well as central voices in business and peace literature.Trade Review'In the past, predatory business practices have sometimes enabled crimes against humanity. This book identifies how some businesses have profited from human misery while also providing welcome examples of how the private sector can play a crucial role in undermining the politics of the machete and the mass grave. In doing so, this book broadens our understanding of the international community, of our collective responsibility to protect, and of how the private sector - whose wealth, resources and capacity can easily exceed those of failing or fragile states - can play a vital role in the prevention of mass atrocities.' Simon Adams, Global Centre for the Responsibility to Protect, The Graduate Center, City University of New York'That business can be an instrument in building peace has now been firmly recognized. Including the business sector in the Responsibility to Protect (R2P) debate seems only natural, having in mind the capacity of the business community to influence societal attitudes and structures. In this new book professor John Forrer and Conor Seyle make an important effort in putting this agenda forward.' Per L. Saxegaard, Founder and Chairman, Business for Peace Foundation'The private sector is an increasingly influential actor in global governance - the network of arrangements that ensure order, stability and predictability even in the absence of world government. Business can sustain and profiteer from group violence. But it also has important roles to play before, in and after armed conflicts in underwriting peace, stability and prosperity as the pathway to sustainable profits. One important role is to partner with other key actors in implementing the responsibility to protect populations at risk of mass atrocities. This invaluable collection of essays by leading experts systematically explains why, how and with what prospects.' Ramesh Thakur, Australian National University, Canberra, International Commission on Intervention and State Sovereignty (ICISS) Commissioner and Editor-in-Chief, Global Governance'This volume fills an important lacuna in the literature on how business relates to the responsibility to protect. The contributing authors offer practical and theoretical insights and examples that will be of interest to many on the ways the private sector can support (or undermine) the goals of the responsibility to protect.' Abi Williams, President, The Hague Institute for Global Justice'This book, with its focus on how business actors may contribute to the global Responsibility to Protect Agenda (R2P), pioneers a whole new agenda for research and policy formulation. In the process, the authors challenge our standard conceptions of both business and R2P.' Kristian Berg Harpviken, Director, Peace Research Institute Oslo (PRIO)Table of ContentsOverview: the role of business in R2P John Forrer and Conor Seyle; Introduction: the private sector, the United Nations, and the Responsibility to Protect Edward Luck; 1. Selling R2P: time for action Victor MacDiarmid and Tina Park; 2. Why not business? Tim Fort and Michelle Westermann-Behaylo; 3. Responsibility to protect trumps business as usual: how corporate leaders build heroism to face atrocities Alain Lemperuer and Rebecca Herrington; 4. The Responsibility to Protect, Inc. Jonas Claes; 5. The Kenyan private sector's role in mass atrocity prevention, cessation and recovery Patrick Obath and Victor Owuor; 6. R2P and the extractive industries Jill Shankleman; 7. Information technology, private actors, and the Responsibility to Protect Kirsten Martin; 8. Corporate responsibility to protect populations from mass atrocities Vesselin Popovski; 9. The private sector and atrocities prevention Alex Bellamy; 10. The way forward: discovering the shared interests between business and R2P John Forrer and Conor Seyle.

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Book SynopsisBringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

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Book SynopsisThis volume provides ready access to a wide-ranging selection of materials on those areas of private law in which a foreign element may arise. It includes UK and Scottish statutes and statutory instruments, EU materials and International Conventions.

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Book SynopsisThis substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.Trade ReviewThis book must feature prominently in any respectable private international law library. (Translated from the original French) -- Lukas Rass-Masson * Revue critique de droit international privé *This book is a valuable addition to a growing research and literature trend dedicated to analysing the way European private international law (EU PIL) instruments function across Member States... this book has all the necessary elements to become a reference work for scholars, practitioners, and EU and national policymakers interested in the area of European private international law. -- Elena Alina Ontanu * Common Market Law Review *A valuable addition to a growing research effort aimed at analyzing how the tools of European private international law work in all Member States. This book has all the necessary features to be a reference work for scholars, professionals, and policy makers in the EU and Member States interested in the field of European private international law. -- Apostolos Anthimos * Armenopoulos-Thessaloniki Bar Review (Bloomsbury translation) *Table of Contents1. Introduction: Research Aims and Methodology Paul Beaumont and Mihail Danov Part I: Shaping the Development of the Private International Law Framework 2. EU Competence to Legislate in the Area of Private International Law and Law Reforms at the EU Level Jan von Hein 3. An Analysis of the Effectiveness of the EU Institutions in Making and Interpreting EU Private International Law Regulations Burcu Yüksel 4. Unharmonised Procedural Rules: Is there a Case for Further Harmonisation at EU Level? Jonathan Fitchen Part II: Cross-border Litigation Pattern—Empirical Data and Analysis 5. Great Britain Paul Beaumont, Mihail Danov, Katarina Trimmings and Burcu Yüksel 6. Belgium Thalia Kruger and Eline Ulrix 7. Germany Jan von Hein and Hannah Dittmers 8. Italy Stefania Bariatti, Ilaria Viarengo, Francesca C Villata, Sara Bernasconi and Filippo Marchetti 9. Spain Carmen Otero García-Castrillón 10. Poland Agnieszka Frackowiak-Adamska, Agnieszka Guzewicz and Lukasz Petelski 11. Austria Florian Heindler and Bea Verschraegen 12. Bulgaria Teodora Tsenova and Anton Petrov 13. Croatia Ivana Kunda 14. Cyprus Nikitas E Hatzimihail 15. Czech Republic Monika Pauknerová, Marta Zavadilová and Jirí Grygar 16. Finland Gustaf Möller 17. France Horatia Muir Watt, Sabine Corneloup, Laurence Usunier, Didier Boden,Jeremy Heymann and David Sindres 18. Greece Aspasia Archontaki and Paata Simsive 19. Hungary Csongor István Nagy 20. Ireland Maebh Harding 21. Latvia Irena Kucina 22. Lithuania Kristina Praneviciene 23. Luxembourg Céline Camara 24. Malta Antoine G Cremona, Clement Mifsud-Bonnici and Calvin Calleja 25. The Netherlands Aukje Van Hoek, Ian Sumner and Cathalijne van der Plas 26. Portugal Elsa Dias Oliveira, João Gomes de Almeida, Eugénia Galvão Teles, Susana Maltez and Raquel Correia 27. Romania Ileana M Smeureanu, Lucian Ilie and Alexandra Ema Dobre 28. Slovakia Miroslava Vozáryová and Katarína Burdová 29. Slovenia Suzana Kraljic 30. Sweden Michael Bogdan and Ulf Maunsbach 31. Promoting Efficient Litigation? Stephen Dnes 32. Data Analysis: Important Issues to be Considered in a Cross-border Context Mihail Danov Part III: Litigating Cross-border Civil and Commercial Disputes—A Europe of Law and Justice 33. Cross-border Civil and Commercial Disputes Before the Court of Justice of the European Union Paul Beaumont and Burcu Yüksel 34. Legal Certainty and Predictability in the EUPILLAR Project’s Regulations: An Assessment Carmen Otero García-Castrillón 35. Effective Remedies in Cross-border Civil and Commercial Law Disputes: A Case for an Institutional Reform at EU Level Mihail Danov and Paul Beaumont 36. Cross-border Contract Litigation in the EU Zheng Sophia Tang 37. Cross-border Non-contractual Disputes: The Legislative Framework and Court Practice Michael Wilderspin 38. Litigating Cross-border Intellectual Property Disputes in the EU Private International Law Framework Paul Torremans 39. Private Enforcement of Competition Law Jonathan Fitchen 40. The Relationship Between Litigation and ADR: Evaluating the Effect of the EU PIL Framework on ADR/Settlements in Cross-border Cases Mihail Danov and Stefania Bariatti Part IV: Litigating Cross-border Family Law Disputes—A Europe of Law and Justice 41. Court of Justice of the European Union’s Case Law on Family Law Matters Under Brussels IIa and Maintenance Paul Beaumont and Katarina Trimmings 42. Habitual Residence: The Factors that Courts Consider Thalia Kruger 43. No Deal Better than a Bad Deal—Child Abduction and the Brussels IIa Regulation Agnieszka Frackowiak-Adamska 44. New (and Old) Problems for Maintenance Creditors Under the EU Maintenance Regulation Lara Walker 45. Mediation in EU Cross-border Family Law Ruth Lamont 46. Matrimonial Matters Under the Brussels IIa Regulation Katarina Trimmings Part V: Conclusion 47. Cross-border Litigation in Europe: Some Theoretical Issues and Some Practical Challenges Paul Beaumont, Mihail Danov, Katarina Trimmings and Burcu Yüksel

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Book SynopsisAs the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique child rights perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.Table of Contents1. Introduction I. Islamic Law Countries as a Focus II. The Abducted Child as a Focus III. A Children’s Rights-Based Approach IV. Methodological Approach Dataset Diversity of Islamic Law Countries The Limitations of this Methodology V. The Parameters and Overview of this Text 2. The Importance of Children’s Rights to the Regulation of Parental Child Abduction I. A Children’s Rights-Based Approach Requires the Hague Convention to be Interpreted as a Children’s Rights Instrument II. Embedding Children’s Rights to Correctly Apply the Hague Convention III. Morocco: A Case Study IV. Conclusion 3. In the Best Interests of the Abducted Child I. Introducing Samir, Yasmin, Jamal and Daniel II. The Principle of the Best Interests of the Child and the Law on Cross-Border Parental Abduction III. How the Domestic Islamic Law Framework Responds to Cases of Parental Child Abduction from the UK IV. How the Hague Regime Fares as an Alternative to Upholding the Article 3 CRC Right of Children Abducted to Islamic Law Countries V. Best Interests of the Child as a Rule of the Procedure VI. Conclusion 4. The Child’s Voice in Abduction Proceedings I. An Abducted Child’s Right to be Heard: Article 12 CRC II. A Child’s Right to Autonomy in Decision-Making: Islamic Court Proceedings III. A Child’s Right to Participate: Hague Proceedings IV. Conclusion 5. The Abducted Child’s Right to Non-Discrimination I. The Legal Framework on Non-Discrimination II. Gender Discrimination, Islamic Law and the Abducted Child: A Conceptual and Contextual Analysis III. The Challenge of Gender Discrimination in Cases of Parental Abduction IV. Solutions to Gender Discrimination in Parental Child Abduction Law V. How Will the Hague Convention Respond to the Cases of Miriam, Ryan and Aliyah? VI. Conclusion 6. Conclusion I. Does the Legislation Responding to Parental Abduction Uphold Children’s Rights? II. Does the Legislation Grant the Judiciary Discretion to Interpret Parental Abduction Law in a Manner Consistent With Children’s Rights? III. What Developments in the Law are Needed to Centralise the Rights of the Child in a Parental Abduction Context? IV. Future Implications of the Research: Child Abduction Law as a Living Instrument

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Book SynopsisOn the 27th of September 1968, the six EC Member States signed the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 50 years later, the European Court of Justice and the Max Planck Institute Luxembourg organised an international conference on the major developments, achievements and challenges of the European law of civil procedure. This book brings together contributions written by members of the Court of Justice of the European Union, established academics and young researchers reflecting on the Brussels Regime. It offers insights on the dialogue between the Court of Justice and national courts on the interpretation of the European law of civil procedure and how it shaped the Europeanisation of private international law. Beyond this assessment of the past, the book offers some reflections on the future architecture of the European law of civil procedure and the suitability of the Brussels regime to the challenges of the current era. This will be read with interest by academics, practitioners and policy-makers.Table of ContentsSeminal Judgments (les Grands Arrets) in the Case Law of the European Court of Justice Burkhard Hess La confiance mutuelle, fondement et temoignage de la valeur de l’Union europeenne Camelia Toader De l’encadrement de l’ordre public procedural des Etats membres a l’ordre procedural autonome de l’Union Marek Safjan et Dominik Dusterhaus EU Private International Law: Consistency of the Scopes of Application and/or of the Solutions Maciej Szpunar Le « regime Bruxelles » dans le droit europeen de la procedure civile Marta Requejo Isidro The Shift from a Choice of Law-Centred Approach to a Civil Procedure Standpoint Sabine Corneloup The Contribution of ‘Brussels I’ to the Process of EU Integration: a True Trailblazer for the Europeanization and Constitutionalization of Private International Law Johan Meeusen The Application of the European Law of Civil Procedure in the Dialogue Between the CJEU and the National Judges Henrik Saugmandsgaard Oe The Dialogue on the European Law of Civil Procedure between the Court of Justice and National Courts from a German Perspective Wolfgang Hau European Civil Procedure and the Dialogue between National Courts and the European Court of Justice Xandra Kramer & Jos Hoevenaars L’autonomie procedurale dans la jurisprudence de la Cour de justice de l’Union europeenne – Reflexions naives d’un Huron au Palais du Kirchberg Loic Cadiet La Charte des droits fondamentaux et les nouvelles frontieres de l’autonomie procedurale des Etats membres L’exemple du droit europeen de la procedure civile Michail Vilaras The Brussels Convention: 50 Years of Contribution to European Integration Fausto Pocar Delendum est Forum Delicti? Towards the Jurisdictional Protection of the Alleged Victim in Cross-Border Torts Etienne Farnoux CJEU Case-Law and Forum Connexitatis: an Analysis of the Close Connection Criterion Lucilla Galanti Cross-border Collective Redress and the Jurisdictional Regime: Horizontal vs Sectoral Approach Cinzia Peraro Your Place? Mine? Or Theirs? A Legal and Policy-orientated Analysis of Jurisdiction in Cross-Border Collective Redress Stephanie Law Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles? Janek Tomasz Nowak Casting the Net: Has the Court of Justice’s Approach to Online Torts Made the Brussels Framework Fit for the Internet Age? Tobias Lutzi Encoding Justice: A Quest for Facilitating Access to Justice by e-Handling of Cross-Border Litigation. The Example of the European Uniform Procedures Elena Alina Ontanu Trust, but Verify. Loss of Mutual Trust as a Ground for Non-Recognition in the Area of Freedom, Security and Justice. Example of the Judiciary Crisis in Poland Zuzanna Witek

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Book SynopsisThis book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments’ enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book’s comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.Table of Contents1. General Introduction I. Background of Study II. Research Problem III. Research Questions IV. Methodology V. Significance of the Study VI. Literature Review VII. Conceptual Clarification VIII. Structure of the Book PART I THEORETICAL FRAMEWORKS FOR JUDGMENTS RECOGNITION AND ENFORCEMENT 2. Recognition and Enforcement of Foreign Judgments: Theoretical Background I. Introduction II. Theoretical Bases for Enforcement of Foreign Judgments III. Conclusion 3. A Pragmatic Model for Recognition and Enforcement of Foreign Judgments I. Introduction II. Pragmatism as a Philosophical Thought III. Pragmatism as a Legal Theory IV. Legal Pragmatism Today V. Legal Pragmatism in Private International Law VI. A Pragmatic Approach to Recognition and Enforcement of Foreign Judgments VII. Conclusion PART II COMMONWEALTH MODEL LAW ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 4. Foreign Judgments Enforcement in the Commonwealth I. Introduction II. The Commonwealth III. Civil Justice and Cooperation in the Commonwealth IV. The 1920 and 1933 Statutory Schemes V. Conclusion 5. Commonwealth Model Law I. Introduction II. Preliminaries III. Excluded Matters IV. International Jurisdiction V. Recognition, Enforcement and Defences VI. Other Sundry Matters VII. Conclusion PART III HAGUE CONVENTIONS 6. The Hague Judgments Project: Pre-2019 Attempts I. Introduction II. International Harmonisation of Foreign Judgments Laws III. HCPIL: History of the Hague Judgments Project IV. HCCA V. Conclusion 7. 2019 Hague Judgments Convention I. Introduction II. Pragmatism in the Negotiation of the Convention III. Scope and Exclusions IV. International Jurisdiction V. Refusal of Recognition VI. Other Sundry Matters VII. Has the Convention Met the Practical Needs of Litigants? VIII. Conclusion 8. Summary of Findings and Conclusion I. Summary II. Conclusion III. Contributions to Knowledge and Avenues for Further Research

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Book SynopsisThis book is a one-stop reference to Hong Kong private international law. It provides clear expositions on questions of jurisdiction, choice of law, recognition and enforcement, transnational arbitration, and inter-regional and international harmonisation of Hong Kong conflict of laws. It covers a range of areas, including the law of obligations at common law and in equity, the law of real and personal property, intellectual property law, family law, company law, insolvency and bankruptcy law, competition law, and admiralty law. It includes discussions of cross-border dispute resolution, jurisdiction and choice of law clauses. The book focuses on the practical issues, emphasising the rapidly developing local jurisprudence of recent years. It also offers theoretical insights and suggestions for law reform when appropriate. Moreover, it systematically analyses conflict of laws issues arising out of inter-regional cases between Hong Kong on the one hand and Mainland China, Taiwan, and Macao on the other. The book will be indispensable to judges, practitioners, scholars, and students in Hong Kong, Greater China, Asia, and worldwide.

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Book SynopsisHow do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.Table of Contents1. Introduction, Kazuaki Nishioka (Chuo University, Japan) 2. China, Mingchao Fan (Shanghai Arbitration Commission, China), Dixin Deng (Shanghai Arbitration Commission, China), Ruian Guo (Shanghai Arbitration Commission, China), Chen Kuang (Shanghai Arbitration Commission, China), Siyang Ye (Shanghai Arbitration Commission, China) 3. Hong Kong, Wilson Lui (University of Hong Kong, Hong Kong) 4. Taiwan, Fuldien Li (Chinese Culture University, Taiwan), Chun-Liang Lai (Lai & Lai Law Firm, Taiwan), Felice (Fu-An) Lu (Point Law, California) 5. Japan, Kazuaki Nishioka (Chuo University, Japan), Michael Weber (University of Zurich, Switzerland) 6. South Korea, Sungjae Chun (Counsel at Netflix Services Korea, South Korea) 7. Singapore, Andreas Wehowsky (Schellenberg Wittmer, Switzerland), Alvin Tan (Schellenberg Wittmer, Singapore) 8. Malaysia, Wai Fung Teh (Lee Hishamuddin Allen & Gledhill, Malaysia) 9. Vietnam, Trinh Thi Hong Nguyen (Hue University, Vietnam), Trang Thi Quynh Bui (Hue University, Vietnam) 10. Cambodia, Nobumichi Teramura (University of Brunei Darussalam, Brunei) 11. Myanmar, Yuji Tsutsumi (TNY Legal, Japan), Kazuaki Nishioka (Chuo University, Japan) 12. Philippines, Lemuel Didulo Lopez (Royal Melbourne Institute of Technology University, Australia) 13. Indonesia, Afifah Kusumadara (Brawijaya University, Indonesia), Ida Susanti (Parahyangan Catholic University, Indonesia), Tiurma M. Pitta Allagan (Universitas Indonesia, Indonesia) 14. Thailand, Poomintr Sooksripaisarnkit (University of Tasmania, Australia), Krisda Saengcharoensap (Rangsit University, Thailand) 15. Sri Lanka, Ramesh Fernando (Counsel, Sri Lanka) 16. India, Sai Ramani Garimella (South Asian University, India) Wasiq Abass Dar (Jindal Global University, India) 17. Conclusion, Kazuaki Nishioka (Chuo University, Japan)

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Book SynopsisAdrian Mak is a Solicitor practising in Hong Kong and an Attorney in New York, USA.Ching Him Ho is a Barrister practising in Hong Kong.Anselmo Reyes is Guest Professor at the Law Faculty of Doshisha University in Kyoto, Japan, and an International Judge of the Singapore International Commercial Court.

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Book SynopsisThis book compares and explains the approaches taken by Asian courts when choice of forum clauses in international commercial contracts are challenged in litigation. It examines key common law jurisdictions (Singapore, Hong Kong, and Malaysia), civil law jurisdictions (China, Japan, and Indonesia), and hybrid jurisdictions (the Philippines). With Asia's ascent in cross-border trade and investment, alongside a corresponding increase in cross-border litigation, understanding how Asian courts address choice of forum clauses in international commercial contracts has never been more critical. Employing a comparative law method, the book identifies and explains the relief and remedies used by Asian courts in enforcing choice of forum clauses, analysing how their classification as either contractual or procedural in nature shapes judicial approaches. It further distinguishes choice of forum clauses from arbitration agreements and explores their interaction with other contractual provisions. Party autonomy as the parties' freedom to determine the contents of the choice of forum clause and the freedom to control the flow of litigation is also critically scrutinised. Furthermore, the book investigates the factors courts consider in resolving key choice of forum clause issues (ie, enforceability; specific relief to be granted; existence, validity, interpretation of choice of forum clauses; role of mandatory rules, public policy, and international interests) and explores the prospects for future development of this area of law in Asia. Crucially, the book highlights the unique approaches of Asian courts, while underscoring the differences and similarities among common law, civil law, and hybrid jurisdictions.

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Book SynopsisThis book provides a critical assessment of European private law, to suggest how it might develop in the future. It reflects on how its recent expansive period, heralding an ambitious future including a European Civil Code, came to an abrupt end. It suggests that development can still happen, albeit in a fragmented way and on a smaller scale. This is an insightful and ultimately hopeful analysis of what might lie ahead.

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Book SynopsisGlobalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty. This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities. In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.Table of ContentsGeneral Introduction; Part 1 ~ Property; Introduction to Part 1; The Meaning of Property; The Modern Constitutional Mode of Government; Sovereignty and Property; From Political Enterprise to the Modern State; The Mixing of Democracy and Despotism; Part 2 ~ Firms in the World Power System; Introduction to Part 2; Firms; The Features of Business Corporations; The Spreading of the Corporate System and Its Consequences; Coping with Firms; Towards a Sustainable World Power System.

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Book SynopsisGlobalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty. This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities. In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.Table of ContentsGeneral Introduction; Part 1 ~ Property; Introduction to Part 1; The Meaning of Property; The Modern Constitutional Mode of Government; Sovereignty and Property; From Political Enterprise to the Modern State; The Mixing of Democracy and Despotism; Part 2 ~ Firms in the World Power System; Introduction to Part 2; Firms; The Features of Business Corporations; The Spreading of the Corporate System and Its Consequences; Coping with Firms; Towards a Sustainable World Power System.

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Book SynopsisThe recently recast Council Regulation No 2019/1111 (? Brussels II-ter? ), which came into force in August 2022, is the key EU family law Regulation. It governs jurisdiction, recognition and enforcement in matrimonial matters (principally divorce), matters of parental responsibility (principally, custody and access), and international child abduction.This book provides an in-depth discussion of this complex Regulation. Written by three renowned experts, this comprehensive analysis benefits from the collective scope of their experience and knowledge not only of their jurisdictions (Italy, Sweden and the UK) but also more generally of international family law and private international law. Brussels II-ter: Cross-border Marriage Dissolution, Parental Responsibility Disputes and Child Abduction in the EU provides not only a clear exposition of the Regulation? s provisions, but also supplies a critical evaluation of these, highlighting the undoubted improvements made by Brussels II-ter while simultaneously exploring its more problematic aspects. An exposition of the relationship between the EU and the UK following Brexit concludes this volume.

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Book SynopsisThis timely book demonstrates how full account can be taken of the structure and method of private international law in its expanding relationship with cultural heritage law, identifying opportunities for keeping pace with the underpinning value judgments. Through a global lens, Roodt explores how value-rationality and mutuality can defeat the dogmatic underpinnings of conflicts and jurisdiction rules that frustrate the achievement of global solidarity in public policy decisions and the treatment of foreign public law.The satisfactory settlement of claims based on ownership and the restitution of art and cultural objects requires improvements in the approaches and methods of dispute resolution that prevail today. The author reveals hidden dimensions of private international law, which can help re-script these approaches and methods to better tailor them to the illicit trade in cultural objects, title laundering, the suppression of policy considerations and ethical concerns that support the restitution of Nazi spoliated art.International officials and policymakers will find this a unique and ethically comprehensive resource, addressing matters that impact the artistic, cultural and historical record and the safeguarding of cultural and heritage objects within the contemporary art market. Adjudicators, law enforcement officials and legal scholars will appreciate its fresh and inclusive treatment of issues including restitution, material heritage and provenance.Trade Review'This book provides the reader with a fresh perspective on cultural heritage law by focusing upon its relationship with principles of private international law. It discusses complex and important issues, such as the repatriation of Nazi spoliated art, in a manner which is engaging and commendably ambitious in scope.' --Janet Ulph, University of Leicester, UK'Dr Roodt offers a fresh exploration of the relationship between private international law and cultural heritage law, and provides an insightful account of the role that private international law can play in the protection of art and cultural objects. Private international law is an essential backdrop against which to consider restitution and spoliation claims, not only in terms of the determination of venue for dispute resolution, but also as regards the law to govern problems of ownership and compensation. This book is a welcome reassertion of the role of private international law in handling the morally and legally challenging problems which affect the international art and antiquities market.' --Janeen M. Carruthers, University of Glasgow'With its extensive footnoting and lists of cases from at least fourteen countries, this wide-ranging and detailed survey makes an important contribution to the growing body of literature and analysis surrounding this difficult and topical subject, as the bibliography of over 30 pages indicates. International lawyers as well as policy makers everywhere should consider this book an essential purchase.' --Phillip and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: 1. The Role of Private International Law in the Protection of Art and Cultural Objects 2. Restitution: Complexities and Opportunities Introduced by Private International Law 3. Taking a Full Turn – Both Inwards and Outwards 4. Adjudicatory Authority and its Limits 5. Title Laundering in Complex ‘Lock’ Jurisdictions 6. Deciding Claims for Restitution of Nazi Spoliated Art on their Merit: Towards Value Rationality 7. Towards the Equalisation of Claims Based on Public and Private Law 8. Realizing the Potential of Private International Law to Settle Claims to Art and Cultural Heritage Index

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Book SynopsisThe harmonization of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations.Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgments, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected.Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource. Both practising lawyers and commercial lobbyists will also find many useful insights. Contributors include: O. Bamodu, I. Carr, Y. Farah, G. Güneysu-Güngör, L. Heffernan, S. Hourani, D. Kenny, M. Koutsias, X.E. Kramer, P. Stone, E. Treppoz, A. Yilmaz-Vastardis, H.-L. YuTrade Review'This book offers a very timely and exquisite insight into some of the most pressing challenges of EU private international law - itself an area of the law with growing impact on practice, academia, and the further development of EU law generally. Peter Stone and Youseph Farah have gathered a steller team of commentators to guide the reader through some of the intricate mazes of EU conflicts law. A delight.' --Geert van Calster, University of Leuven, Belgium'This collection of substantial and detailed chapters reflects current research on important and topical areas in the conflict of laws, such as Internet transactions, International sales of goods, and privacy. It will be of both use and interest to all practitioners and academics in the area as it provides a detailed analysis, within the political and commercial context, of many of the most complex issues arising out of the Brussels I, Rome I and Rome II Regulations and associated jurisprudence, including the role of non-State law, mandatory rules, and the domicile of companies.' --Elspeth Berry, Nottingham Trent University, UKTable of ContentsContents: Preface 1. Internet Transactions and Activities Peter Stone 2. A Step in the Right Direction! Critical Assessment of Forum Selection Agreements under the Revised Brussels I: A Comparative Analysis with US Law Youseph Farah and Anil Yilmaz-Vastardis 3. Fairy is Back – Have you got your Wand Ready? Hong-Lin Yu 4. Frustrated of the Interface between Court Litigation and Arbitration? Don't Blame it on Brussels I! Finding Reason in the Decision of West Tankers, and the Recast Brussels I Youseph Farah and Sara Hourani 5. Does Size Matter? A Comparative Study of Jurisdictional Rules Applicable to Domestic and Community Intellectual Property Rights Edouard Treppoz 6. Article 4 of the Rome I Regulation on the Applicable Law in the Absence of Choice - Methodological Analysis, Considerations Gülin Güneysu-Güngör 7. International Sales of Goods and Rome I Regulation Indira Carr 8. The Rome I Regulation and the Relevance of Non-State Law Olugbenga Bamodu 9. The Interaction between Rome I and Mandatory EU Private Rules - EPIL and EPL: Communicating Vessels? Xandra E. Kramer 10. Choice of Law for Tort Claims" Peter Stone 11. Defamation and Privacy and the Rome II Regulation David Kenny and Liz Heffernan 12. Corporate Domicile and Residence Marios Koutsias Index

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Book SynopsisThe Research Handbook on Cross-Border Enforcement of Intellectual Property systematically analyzes the unique difficulties posed by cross-border intellectual property disputes in the modern world.The contributions to this book focus on the enforcement of intellectual property primarily from a cross-border perspective. Infringement remains a problematic issue for emerging economies and so the book assesses some of the enforcement structures in a selection of these countries, as well as cross-border enforcement from a private international law perspective. Finally, the book offers a unique insight into the roles played by judges and arbitrators involved in cross-border intellectual property dispute resolution.Providing a comprehensive approach to cross-border enforcement, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers.Contributors: E. Arezzo, S. Bariatti, M. Blakeney, A.F. Christie, T. Cook, P.A. De Miguel Asensio, F. Dessemontet, P. Ellis, V. Ferguson, C. Geiger, S. Hailing, N.H.B. H ng, T. Kono, M. Leaffer, T. Leepuangtham, S. Neumann, C.O.García-Castrillon, M. Schneider, I. Stamatoudi, P. Torremans, O. Vrins, P.K.YuTrade Review'As you might infer, the book offers practitioners much to contemplate on this very contemporary issue, which certainly impacts on a wide range of individual and corporate clients. If you are an IP practitioner, you need this book in your library.' --The Barrister MagazineTable of ContentsContents: PART I: NATIONAL AND REGIONAL ASSESSMENTS 1. Cross Border Enforcement of Intellectual Property Rights in U.S. Law Marshall Leaffer 2. Cross-Border Enforcement of Intellectual Property in China Shan Hailing 3. The Cross-Border Enforcement of Intellectual Property Rights in Thailand Tosaporn Leepuangtham 4. Cross-Border Enforcement of Intellectual Property: Japanese Law and Practice Toshiyuki Kono 5. Enforcement of Intellectual Property Rights in Vietnam Nguyễn Hồ Bích Hằng 6. Cross-Border Enforcement of Intellectual Property : The European Union Olivier Vrins and Marius Schneider 7. Cross-Border Enforcement of Intellectual Property : Africa Marius Schneider and Vanessa Ferguson PART II A PRIVATE INTERNATIONAL LAW PERSPECTIVE 8. Jurisdiction in Intellectual Property Cases Paul Torremans 9. Choice of Law in IP: Rounding off Territoriality Carmen Otero García-Castrillón 10. Recognition and Enforcement of Judgments: Recent Developments Pedro A. De Miguel Asensio 11. Ubiquitous and Multistate Cases Sophie Neumann 12. The Creation and Enforcement of Security Interests in Intellectual Property Rights: Choice-of-Law Issues Stefania Bariatti 13. Cross-Border Injunctions Paul Torremans PART III JUDGES AND ARBITRATORS 14. International Enforcement of Intellectual Property: the Approach of the English Courts Peter Ellis 15. The Specificity of Intellectual Property Arbitration François Dessemontet 16. Online Dispute Resolution – The Phenomenon of the UDRP Andrew F. Christie PART IV: SPECIAL ISSUES 17. Making Sense of Article 13 of the Enforcement Directive - Monetary Compensation for the Infringement of Intellectual Property Rights Trevor Cook 18. Challenges for the Enforcement of Copyright in the Online World: Time for a New Approach Christophe Geiger 19. ACTA and Cross-Border Enforcement of Intellectual Property Michael Blakeney 20. Why are the Trips Enforcement Provisions Ineffective? Peter K. Yu 21. The Role of Internet Service Providers in Copyright Infringements on the Internet Under EU Law Irini Stamatoudi 22. Copyright Enforcement on the Internet in the European Union: Hyperlinks and Making Available Right Emanuela Arezzo Index

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Book SynopsisThis research review presents a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Written by two leading experts in the field, the review explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The review also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. This review is an essential resource for those studying, researching or practicing in this area.Table of ContentsContents: Acknowledgements Research Review Linda J. Silberman and Franco Ferrari PART I APPROACHES TO JUDGEMENT RECOGNITION AND ENFORCEMENT 1. Willis L. M. Reese (1950), ‘The Status in This Country of Judgments Rendered Abroad’, Columbia Law Review, 50 (6), June, 783–800 2. Arthur T. von Mehren and Donald T. Trautman (1968), ‘Recognition of Foreign Adjudications: A Survey and a Suggested Approach’, Harvard Law Review, 81 (8), June, 1601–96 3. Ruth Bader Ginsburg (1969), ‘Recognition and Enforcement of Foreign Civil Judgments: A Summary View of the Situation in the United States’, International Lawyer, 4 (4), July, 720–40 4. Courtland H. Peterson (1972), ‘Foreign Country Judgments and the Second Restatement of Conflict of Laws’, Columbia Law Review, 72 (2), February, 220–66 5. Ronald A. Brand (1991), ‘Enforcement of Foreign Money Judgements in the United States: In Search of Uniformity and International Acceptance’, Notre Dame Law Review, 67 (2), 253–334 6. Michael Whincop (1999), ‘The Recognition Scene: Game Theoretic Issues in the Recognition of Foreign Judgments’, Melbourne University Law Review, 23 (2), 416–39 PART II COMPARATIVE PERSPECTIVES 7. Arthur Taylor von Mehren (1981), ‘Recognition and Enforcement of Sister–State Judgments: Reflections on General Theory and Current Practice in the European Economic Community and the United States’, Columbia Law Review, 81 (5), June, 1044–60 8. Friedrich K. Juenger (1988), ‘The Recognition of Money Judgments in Civil and Commercial Matters’, American Journal of Comparative Law, 36 (1), Winter, 1–39 9. Linda J. Silberman (2008), ‘Some Judgments on Judgments: A View from America’, King’s Law Journal, 19 (1), 235–63 10. Samuel Baumgartner (2008), ‘How Well Do U.S. Judgments Fare in Europe?’, George Washington International Law Review, 40 (1), 173–231 11. Konstantinos D. Kerameaus (2002), ‘Enforcement of Non-Money Judgments and Orders in a Comparative Perspective’, in James A. R. Nafziger and Symeon Symeonides (eds.) Law and Justice in a Multi-State World: Essays in Honor of Arthur T. Von Mehren, Leiden, the Netherlands: Nijhoff/Brill, 107–19 12. Kurt H. Nadelmann (1957), ‘Non-Recognition of American Money Judgments and What To Do About It’, Iowa Law Review, 42, 236–64 13. Jie Huang (2011), ‘Conflicts between Civil Law and Common Law in Judgement Recognition and Enforcement: When is the Finality Dispute Final?’, Wisconsin International Law Journal, 29, 70–109 PART III SPECIAL ISSUES A The Revenue Rule and Public Law 14. William S. Dodge (2002), ‘Breaking the Public Law Taboo’, Harvard International Law Journal, 43 (1), Winter, 161–235 B Reciprocity 15. John F. Coyle (2014), ‘Rethinking Judgments Reciprocity’, North Carolina Law Review, 92 (4), 1109–74 C Fraud 16. Richard Garnett (2002), ‘Fraud and Foreign Judgments: The Defense that Refuses to Die?’, Journal of International Commercial Law, 1 (2), 161–86 D Preclusion and Res Judicata 17. Robert C. Casad (1984), ‘Issue Preclusion and Foreign Country Judgments: Whose Law?’, Iowa Law Review, 70, 53–80 18. Hans Smit (1962), ‘International Res Judicata and Collateral Estoppel in the United States’, University of California, Los Angeles Law Review, 9, 44–75 E Exequatur 19. Paul Beaumont and Lara Walker (2015), ‘Recognition and Enforcement of Judgements in Civil and Commercial Matters in the Brussels I Recast and Some Lessons from it and the Recent Hague Conventions for the Hague Judgements Project,’ Journal of Private International Law, 11 (1), 31–63 F Class Actions 20. Richard Fentiman (2014), ‘Recognition, Enforcement and Collective Judgments’, in Arnaud Nuyts and Nikitase Hatzimihail (eds.) Cross–Border Class Actions: The European Way, Munich, Germany: Sellier European Law Publishers Ltd., 85–110 21. Antonio Gidi (2012), ‘The Recognition of U.S. Class Action Judgments Abroad: The Case of Latin America,’ Brooklyn Journal of International Law, 37, 893–965 PART IV INTERNATIONAL SOLUTIONS 22. Russell J. Weintraub (1998), ‘How Substantial is our Need for a Judgments-Recognition Convention and What Should we Bargain Away to get it?’, Brooklyn Journal of International Law, XXIV (1), 167–220 23. Arthur T. von Mehren (1994), ‘Recognition and Enforcement of Foreign Judgments: A New Approach for the Hague Conference?’, Law and Contemporary Problems, 57 (3), Summer, 271–87 PART V FUTURE ISSUES 24. Patrick Kinsch (2004), ‘The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments – A Survey of the Cases Decided by the European Human Rights Institutions’, in Talia Einhorn and Kurt Siehr (eds.) Intercontinental Cooperation through Private International Law, The Hague, the Netherlands: T.M.C. Asser Press, 197–228 Index

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Book SynopsisCustomary law has been the subject of intense debate and the issues arising from the intersection of customs and the law are far from settled. This volume, separated into three parts brings together seminal work from scholars in law, economics and history. The first section analyses various perspectives on the history of customary law. Part two focuses on the commercial customary law and includes a number of case studies covering the role and limits of customary systems in a variety of commercial settings. The final section explores the role of custom in international law from a variety of legal and economic perspectives.Along with an original introduction by Professors Bernstein and Parisi, this valuable collection will be of interest to scholars, practitioners and academics with an interest in this diverse and interdisciplinary field. Table of ContentsContents: Acknowledgements Introduction Lisa Bernstein and Francesco Parisi PART I CUSTOMARY LAW: HISTORICAL ILLUSTRATIONS 1. Bruce L. Benson (1989), ‘The Spontaneous Evolution of Commercial Law’ 2. Emily Kadens (2012), ‘The Myth of the Customary Law Merchant’ 3. Leon E. Trakman (1983), ‘The Medieval Law Merchant’ 4. Daniel Klerman (2009), ‘The Emergence of English Commercial Law: Analysis Inspired by the Ottoman Experience’ 5. Avner Greif, Paul Milgrom and Barry R. Weingast (1994), ‘Coordination, Commitment, and Enforcement: The Case of the Merchant Guild’ 6. Paul R. Milgrom, Douglass C. North and Barry R. Weingast (1990), ‘The Role of Institutions in the Revival of Trade: The Law Merchant, Private Judges, and the Champagne Fairs’ PART II COMMERCIAL CUSTOMARY LAW: CONTEMPORARY ILLUSTRATIONS 7. Janet T. Landa (1981), ‘A Theory of the Ethnically Homogeneous Middleman Group: An Institutional Alternative to Contract Law’ 8. Lisa Bernstein (1992), ‘Opting out of the Legal System: Extralegal Contractual Relations in the Diamond Industry’ 9. Lisa Bernstein (1996), ‘Merchant Law in a Merchant Court: Rethinking the Code’s Search for Immanent Business Norms’ 10. Eric A. Feldman (2006), ‘The Tuna Court: Law and Norms in the World’s Premier Fish Market’ 11. Robert D. Cooter (1994), ‘Structural Adjudication and the New Law Merchant: A Model of Decentralized Law’ 12. Lisa Bernstein (2001), ‘The Questionable Empirical Basis of Article 2’s Incorporation Strategy: A Preliminary Study’ 13. Robert C. Ellickson (1989), ‘A Hypothesis of Wealth-Maximizing Norms: Evidence from the Whaling Industry’ PART III INTERNATIONAL CUSTOMARY LAW 14. Eric A. Posner and Alan O. Sykes (2013), ‘Customary International Law’ 15. Jack L. Goldsmith and Eric A. Posner (1999), ‘A Theory of Customary International Law’ 16. Jack L. Goldsmith and Eric A. Posner (2000), ‘Understanding the Resemblance Between Modern and Traditional Customary International Law’ 17. Eugene Kontorovich (2006), ‘Inefficient Customs in International Law’ 18. Vincy Fon and Francesco Parisi (2009), ‘Stability and Change In International Customary Law’ 19. Curtis A. Bradley and Mitu Gulati (2009), ‘Withdrawing from International Custom’ 20. Francesco Parisi and Vincy Fon (2009), ‘Customary Law and Articulation Theories’

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Book SynopsisThis research review, made possible by the recent convergence of intellectual property and private international law as critical disciplines, explores the most important papers on these now linked subjects. More and more issues of private international law arise in the area of intellectual property, and the articles selected chart the route that both disciplines have covered together, discussing both bridges built and 'dead-ends' reached.Looking forward also to the future of the subject, Professor Paul Torremans' Intellectual Property and Private International Law will prove to be an essential research tool for all students, academics and practitioners working in this fast-developing area.Table of ContentsContents: Introduction Paul Torremans PART I TERRITORIALITY 1. Sophie Neumann (2011), ‘Intellectual Property Rights Infringements in European Private International Law: Meeting the Requirements of Territoriality and Private International Law’, Journal of Private International Law, 7 (3), December, 583–600 2. Teruo Doi (2002), ‘The Territoriality Principle of Patent Protection and Conflict of Laws: A Review of Japanese Court Decisions’, Fordham International Law Journal, 26 (2), 377–95 PART II JURISDICTION: MOVING ON FROM THE TERRITORIAL STARTING POINT 3. Lydia Lundstedt (2001), ‘Jurisdiction and the Principle of Territoriality in Intellectual Property Law: Has the Pendulum Swung Too Far in the Other Direction?’, International Review of Intellectual Property and Competition Law, 32 (1), 124–141 4. Benedetta Ubertazzi (2011), ‘Intellectual Property Rights and Exclusive (Subject Matter) Jurisdiction: Between Private and Public International Law’, Marquette Intellectual Property Law Review, 15 (2), Summer, 357–448 5. Mario Franzosi (1997), ‘Worldwide Patent Litigation and the Italian Torpedo’, European Intellectual Property Review, 19 (7), July, 382–5 6. Paul Torremans (2011), ‘The Sense or Nonsense of Subject Matter Jurisdiction Over Foreign Copyright’, European Intellectual Property Review, 33 (6), 349–56 7. Paul L.C. Torremans (2011), ‘Star Wars Rids Us of Subject-Matter Jurisdiction: The Supreme Court Does Not Like Kafka Either When It Comes to Copyright’, European Intellectual Property Review, 33 (12), 813–7 8. Annette Kur (2006), ‘A Farewell to Cross-Border Injunctions? The ECJ Decisions GAT v. LuK and Roche Nederland v. Primus and Goldenberg’, International Review of Intellectual Property and Competition Law, 37 (7), 844-55 9. Mario Franzosi (2009), ‘GAT and Roche — Idola Fori, Teatri, Specus: Regulation 864/2007 Makes Cross-Border Patent Litigation Possible’, Journal of Intellectual Property Law and Practice, 4 (4), April, 247–55 10. Benedetta Ubertazzi (2009), ‘Licence Agreements Relating to IP Rights and the EC Regulation on Jurisdiction’, International Review of Intellectual Property and Competition Law, 40 (8), 912–39 11. Matthias Rößler (2007), ‘The Court of Jurisdiction for Joint Parties in International Patent Disputes’, International Review of Intellectual Property and Competition Law, 38 (4), 380–400 12. Christian Heinze (2011), ‘Choice of Court Agreements, Coordination of Proceedings and Provisional Measures in the Reform of the Brussels I Regulation’, Rabels Zeitschrift für Ausländisches und Internationales Privatrecht, 75 (3), July, 581–618 13. Pedro A. de Miguel Asensio (2007), ‘Cross-Border Adjudication of Intellectual Property Rights and Competition Between Jurisdictions’, Annali Italiani del Diritto d’Autore, della Cultura e Dello Spettacolo, XVI, 105–54 PART III CHOICE OF LAW AND RELATED ISSUES 14. Anna Tydniouk (2004), ‘From Itar-Tass to Films by Jove: The Conflict of Laws Revolution in International Copyright’, Brooklyn Journal of International Law, 29 (2), 897–936 15. Paul Torremans and Carmen Otero García Castrillón (2012), ‘Reversionary Copyright: A Ghost of the Past or a Current Trap to Assignments of Copyright?’, Intellectual Property Quarterly, 2, 77–93 16. Guido Westkamp (2006), ‘Research Agreements and Joint Ownership of Intellectual Property Rights in Private International Law’, International Review of Intellectual Property and Competition Law, 37 (6), 637–61 17. Paul Torremans (2010), ‘Copyright: Which Law Applies? Some Thoughts on Issues of Authorship, (First) Ownership of Rights and Works Created by Employees’, ΔiMEE Media and Communications Law Review, 1, 6–12 18. Jane C. Ginsburg and Pierre Sirinelli (1991), ‘Authors and Exploitations in International Private Law: The French Supreme Court and the Huston Film Colorization Controversy’, Columbia-VLA Journal of Law and the Arts, 15, 135–59 19. Paul Torremans (2008), ‘Licenses and Assignments of Intellectual Property Rights Under the Rome I Regulation’, Journal of Private International Law, 4 (3), December, 397–420 20. Christopher Wadlow (2009), ‘The New Private International Law of Unfair Competition and the “Rome II” Regulation’, Journal of Intellectual Property Law and Practice, 4 (11), November, 789–97 21. Toshiyuki Kono (2005), ‘Intellectual Property Rights, Conflict of Laws and International Jurisdiction: Applicability of ALI Principles in Japan?’, Brooklyn Journal of International Law, 30 (3), 865–83 22. Stefania Bariatti (2010), ‘The Law Applicable to Security Interests in Intellectual Property Rights’, Journal of Private International Law, 6 (2), 395–416 23. Torsten Bettinger and Dorothee Thum (2000), ‘Territorial Trademark Rights in the Global Village – International Jurisdiction, Choice of Law and Substantive Law for Trade Mark Disputes on the Internet’, Parts 1 and 2, International Review of Intellectual Property and Competition Law, 31 (2 and 3), 162–82, 285–308 24. Axel Metzger (2012), ‘Transnational Law for Transnational Communities: The Emergence of a Lex Mercatoria (or Lex Informatica) for International Creative Communities’, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 3 (3), 361–8 25. Graeme B. Dinwoodie, Rochelle C. Dreyfuss and Annette Kur, (2009), ‘The Law Applicable to Secondary Liability in Intellectual Property Cases’, New York University Journal of International Law and Politics, 42, 201–35 26. Pedro A. de Miguel Asensio (2011), ‘Social Networking Sites, An Overview of Applicable Law Issues’, Annali Italiani del Diritto d’Autore, della Cultura e Dello Spettacolo, XX, 3–38 27. Rita Matulionytė (2011), ‘The Law Applicable to Online Copyright Infringements in the ALI and CLIP Proposals: A Rebalance of Interests Needed?’, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2 (1), 26–36 28. Pedro A. de Miguel Asensio (2012), ‘Internet Intermediaries and the Law Applicable to Intellectual Property Infringements’, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 3 (3), 350–60 29. Rita Matulionytė (2013), ‘Calling for Party Autonomy in Intellectual Property Infringement Cases’, Journal of Private International Law, 9 (1), April, 77–99 PART IV THE DEMISE OF TERRITORIALITY? 30. Graeme B. Dinwoodie (2009), ‘Developing a Private International Intellectual Property Law: The Demise of Territoriality?’, William and Mary Law Review, 51 (2), November, 711–800 PART V RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS 31. Marketa Trimble (2009), ‘Cross-Border Injunctions in U.S. Patent Cases and Their Enforcement Abroad’, Marquette Intellectual Property Law Review, 13, 331–69 32. Marketa Trimble Landova (2009), ‘Public Policy Exception to Recognition and Enforcement of Judgments in Cases of Copyright Infringement’, International Review of Intellectual Property and Competition Law, 40, 642–65 33. Marketa Trimble (2011), ‘Extraterritorial Intellectual Property Enforcement in the European Union’, Southwestern Journal of International Law, 18, 101–10 Index

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Book SynopsisThe harmonization of private international law in Europe has, to a very large extent, been the result of both legislation adopted at EU level and the subsequent case law arising from the interpretation of that legislation. This fourth edition of Peter Stone?s authoritative work has been thoroughly revised and updated to take account of the most recent developments at both EU and national levels, including the recast Brussels I regulation on civil jurisdiction and the recast Insolvency regulation, and numerous decisions of the European and English courts.Key features include:? comprehensive and in-depth coverage of key legislative developments within the EU in relation to private international law? addresses key questions and identifies weaknesses in the current law, following up with suggestions for improvements? combines perspectives from both civil law and common law traditions? extensive tables of cases and legislation. This timely work will be an invaluable point of reference for practising lawyers, the judiciary, legislators and policy-makers throughout the EU. Academics and public officials interested in conflicts of laws will also find this a vital resource.Trade Review'An excellent study that brings up to date the complexities of EU private international law. Stone's book, with its rich and detailed analysis of cases, will prove invaluable to academics, students and practitioners.' --Indira Carr, University of Surrey, UKTable of ContentsContents: Preface PART I INTRODUCTION 1. Introduction PART II CIVIL JURISDICTION AND JUDGMENTS 2. History, Outline and Scope 3. Domicile 4. Alternative Jurisdiction 5. Ancillary Jurisdiction 6. Protected Contracts 7. Exclusive Jurisdiction 8. Submission 9. Concurrent Proceedings 10. Provisional Measures and Taking Evidence 11. Recognition and Enforcement of Judgments 12. Enforcement Procedure 13. Other Legislation on Judgments PART III CHOICE OF LAW IN RESPECT OF OBLIGATIONS 14. The Proper Law of a Contract 15. Contractual Issues and Exceptions 16. Protected Contracts 17. Torts 18. Some Particular Torts 19. Restitution PART IV FAMILY MATTERS 20. Matrimonial Proceedings 21. Parental Responsibility 22. Maintenance and Property 23. Succession on Death PART V INSOLVENCY 24. Main Insolvency Proceedings 25. Other Insolvency Proceedings Index

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Book SynopsisTransboundary Pollution: Evolving Issues of International Law and Policy provides a comprehensive and perceptive overview of the legal principles that govern pollution internationally and explores the utilization of these principles in practice.Legal principles regarding State responsibility for transboundary pollution are well settled in international law. At issue is how these principles are applied and what mechanisms are developed to regulate specific types of transboundary pollution, including pollution of the marine environment and shared water resources, nuclear pollution and air pollution.Expert contributors come together in this book to discuss all major aspects of transboundary pollution and the practical application of the State responsibility doctrine. Empirical studies of European, Asian and Southeast Asian countries demonstrate regional perspectives of how international law and policy governing transboundary pollution translates into practice.Academics, students and practitioners alike will benefit from the perceptive and discerning insight the book presents into this important issue within international law, environmental law and public policy.Contributors: R. Beckman, A. Boyle, H.C. Bugge, G. Handl, L. Hua, S. Jayakumar, T. Koh, Y. Lyons, S.C. McCaffrey, J. Peel, H.D. Phan, C. Redgwell, N.A. Robinson, L.M. Syarif, A.K-.J.Tan, S. TayTable of ContentsContents: Acknowledgements Introduction S. Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan PART I TRANSBOUNDARY POLLUTION: GENERAL PRINCIPLES AND STATE RESPONSIBILITY 1. Transboundary Pollution: Principles, Policy and Practice Catherine Redgwell 2. Transboundary Pollution in a Global Economy: General Principles and Problems in Practice Simon Tay 3. Unpacking the Elements of State Responsibility Claims for Transboundary Pollution, Jacqueline Peel PART II TRANSBOUNDARY POLLUTION: PROBLEMS AND PROSPECTS 4. Pollution of Shared Freshwater Resources in International Law Stephen C. McCaffrey 5. Environmental Impact Assessment in Preventing Transboundary River Pollution under International Law: An Analysis Lan Hua 6. State Responsibility and Transboundary Marine Pollution Robert Beckman 7. Transboundary Pollution from Offshore Activities: A Study of the Montara Offshore Oil Spill Youna Lyons 8. Preventing Transboundary Nuclear Pollution: A Post-Fukushima Legal Perspective Günther Handl 9. Transboundary Air Pollution: A Tale of Two Paradigms Alan Boyle PART III: COOPERATIVE MECHANISMS FOR ADDRESSING TRANSBOUNDARY POLLUTION 10. The Principle and Duty to Cooperate: The Case of Conventions on Transboundary Pollution in Europe Hans Christian Bugge 11. Evaluating the (In)effectiveness of ASEAN Cooperation against Transboundary Air Pollution Laode M Syarif 12. ‘Can’t We Even Share Maps?’: Cooperative and Unilateral Mechanisms to Combat Forest Fires and Transboundary “Haze” in Southeast Asia Alan Khee-Jin Tan 13. Legal Redress of Transboundary Air Pollution through Environmental Cooperation Nicholas A Robinson Index

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Book SynopsisThis exciting new research review brings together and discusses seminal articles on the subject of transfer of property and private international law, ranging from the early twentieth century to present day. The first part focuses on classic principles concerning the lex situs rule, as well as on specialities regarding immovable property, tangible movable property and intangible property, conditional sale and securities transactions, goods in transit and confiscation of property. The second part is devoted to an in-depth and insightful examination of cultural property and private international law. Thoughtfully composed by the editor, this review provides a valuable source of information for researchers, academics and scholars alike.Trade Review‘In this Research Collection Professor Carruthers has drawn together an impressively varied and comprehensive range of articles on all aspects of the transfer of property in private international law. It will be invaluable to all those who teach, study, research or work in this area. As explained in the extremely clear and helpful introduction, the collection covers both general principles and also pays particular attention to different types of property and contracts. Topics such as the transfer of intangible property, conditional sales and transfers of security are of great and increasing commercial importance and are all thoroughly examined in the first volume. The second volume which focuses on cultural property is also a very welcome and useful compilation of the research in this interesting and important field.’ -- Louise Merrett, Trinity College, Cambridge, UKTable of ContentsContents: Introduction Janeen M. Carruthers PART I LEX SITUS RULE – CLASSIC PRINCIPLES 1. Robby Alden (1987), ‘Modernizing the Situs Rule for Real Property Conflicts’, Texas Law Review, 65 (3), February, 585–633 3 2. Ian F.G. Baxter (1964), ‘Conflicts of Law and Property’, McGill Law Journal, 10 (1), 1–37 52 3. Joseph H. Beale (1919), ‘The Situs of Things’, Yale Law Journal, XXVIII (6), April, 525–41 89 4. Wendell Carnahan (1935), ‘Tangible Property and the Conflict of Laws’, University of Chicago Law Review, 2 (3), April, 345–84 106 5. Peter B. Carter (1982), ‘Decisions of British Courts during 1981 Involving Questions of Public or Private International Law: B: Private International Law, Transfer Inter Vivos of Movable Property’, British Year Book of International Law, 52 (1), 329–34 146 6. J.A. Clarence Smith (1963), ‘Classification by the Site in the Conflict of Laws’, Modern Law Review, 26 (1), January, 16–33 152 7. Celia Wasserstein Fassberg (2002), ‘On Time and Place in Choice of Law for Property’, International and Comparative Law Quarterly, 51 (2), April, 385–400 170 8. Mitchell Franklin (1932), ‘Comparative Law: Security of Acquisition and of Transaction: La Possession Vaut Titre and Bona Fide Purchase’, Tulane Law Review, 6, 589–612 186 9. C.S.P. Harding and M.S. Rowell (1977), ‘Protection of Property versus Protection of Commercial Transactions in French and English Law’, International and Comparative Law Quarterly, 26 (2), April, 354–80 210 PART II SPECIALTIES REGARDING IMMOVABLE PROPERTY AND TANGIBLE MOVABLE PROPERTY 10. David Colwyn Williams (1959), ‘Land Contracts in the Conflict of Laws—Lex Situs: Rule or Exception’, Hastings Law Journal, 11, November, 159 73 239 11. Walter Wheeler Cook (1939), ‘“Immovables” and the “Law” of the “Situs”: A Study in the Ambiguity of Legal Terminology’, Harvard Law Review, 52 (8), June, 1246–74 254 12. Brainerd Currie (1953–4), ‘Full Faith and Credit to Foreign Land Decrees’, University of Chicago Law Review , 21 (4), Autumn, 620–79 283 13. Alex Donaldson (1951), ‘The Lex Situs and Heritable (Or Real) Property’, International Law Quarterly , 4 (1), January, 100–10 343 14. Moffatt Hancock (1967), ‘Conceptual Devices for Avoiding the Land Taboo in Conflict of Laws: The Disadvantages of Disingenuousness’, Stanford Law Review , 20 (1), November, 1–40 354 15. Peter Hay (1988), ‘The Situs Rule in European and American Conflicts Law—Comparative Notes’, in Peter Hay and Michael H. Hoeflich (eds), Property Law and Legal Education: Essays in Honor of John E. Cribbet , Urbana and Chicago, IL, USA: University of Illinois Press, 109–32 394 16. Fritz Hellendall (1941), ‘The Characterization of Proprietary Rights to Tangible Movables in the Conflict of Laws’, Tulane Law Review , XV , 374–93 418 17. Fr. Vinding Kruse (1958), ‘What Does “Transfer of Property” Mean with Regard to Chattels? A Study in Comparative Law’, American Journal of Comparative Law , 7 (4), Autumn, 500–15 438 18. J.H.C. Morris (1945), ‘The Transfer of Chattels in the Conflict of Laws’, British Year Book of International Law , XXII , 232–48 454 19. Elihu Schott and Charles Rembar (1938), ‘Choice of Law for Land Transactions’, Columbia Law Review , 38 (6), June, 1049–59 471 20. Joseph William Singer (2014), ‘Property Law Conflicts’, Washburn Law Journal , 54 (1), Fall, 129–60 482 21. Russell J. Weintraub (1966), ‘An Inquiry into the Utility of “Situs” as a Concept in Conflicts Analysis’, Cornell Law Quarterly , 52 (1), Fall, 1–42 514 PART III SPECIALTIES REGARDING INTANGIBLE PROPERTY 22. Fletcher R. Andrews (1939), ‘Situs of Intangibles in Suits against Nonresident Claimants’, Yale Law Journal , 49 (2), December, 241–73 559 23. Joanna Benjamin (1998), ‘Determining the Situs of Interests in Immobilised Securities’, International and Comparative Law Quarterly , 47 (4), October, 923–34 592 24. Mark Moshinsky (1992), ‘The Assignment of Debts in the Conflict of Laws’, Law Quarterly Review , 109 , October, 591–625 604 25. P.J. Rogerson (1990), ‘The Situs of Debts in the Conflict of Laws—Illogical, Unnecessary and Misleading’, Cambridge Law Journal , 49 (3), November, 441–60 639 26. (1956), ‘Note: Situs of Intangible Property in Conflict of Laws’, St. John’s Law Review , 30 (2), May, 224–36 659 PART IV CONDITIONAL SALE, SECURITY AND GOODS IN TRANSIT 27. David F. Cavers (1960), ‘The Conditional Seller’s Remedies and the Choice-of-Law Process—Some Notes on Shanahan’, New York University Law Review, 35, June, 1126–49 675 28. M.R. Chesterman (1973), ‘Choice of Law Aspects of Liens and Similar Claims in International Sale of Goods’, International and Comparative Law Quarterly, 22 (2), April, 213–53 699 29. J.L.R. Davis (1964), ‘Conditional Sales and Chattel Mortgages in the Conflict of Laws’, International and Comparative Law Quarterly, 13 (1), January, 53–77 740 30. F. Hellendall (1939), ‘The Res in Transitu and Similar Problems in the Conflict of Laws’, Canadian Bar Review, XVII, 7–36, 105–25 765 31. George W. Stumberg (1942), ‘Chattel Security Transactions and the Conflict of Laws’, Iowa Law Review, 27, 528–51 816 32. David H. Vernon (1962), ‘Recorded Chattel Security Interests in the Conflict of Laws’, Iowa Law Review, 47, 346–81 840 33. Jacob S. Ziegel (1967), ‘Conditional Sales and the Conflict of Laws’, Canadian Bar Review, XLV, May, 284–334 876 PART V CONFISCATION, EXPROPRIATION AND NATIONALIZATION 34. J.E.S. Fawcett (1950), ‘Some Foreign Effects of Nationalization of Property’, British Year Book of International Law, XXVII, 355–75 929 35. George A. van Hecke (1951), ‘Confiscation, Expropriation and the Conflict of Laws’, International Law Quarterly, 4 (3), July, 345–57 950 36. F.A. Mann (1986), ‘The Effect in England of the Compulsory Acquisition by a Foreign State of the Shares in a Foreign Company’, Law Quarterly Review, 102, April, 191–97 963 37. F.A. Mann (1959), ‘Outlines of a History of Expropriation’, Law Quarterly Review, 75, April, 188–219 970 Volume II Contents: An introduction by the editor appears in Volume I PART I CULTURAL PROPERTY 1. Paul M. Bator (1982), ‘An Essay on the International Trade in Art’, Stanford Law Review, 34 (2), January, 275–384 3 2. Andrea Biondi (1997), ‘The Merchant, the Thief and the Citizen: The Circulation of Works of Art within the European Union’, Common Market Law Review, 34 (5), 1173–95 113 3. Janet Blake (2000), ‘On Defining the Cultural Heritage’, International and Comparative Law Quarterly, 49 (1), January, 61–85 136 4. David L. Carey Miller, David W. Meyers and Anne L. Cowe (2001), ‘Restitution of Art and Cultural Objects: A Re-assessment of the Role of Limitation’, Art, Antiquity and Law, 6 (1), March, 1–17 161 5. Janeen M. Carruthers (2001), ‘Cultural Property and Law—An International Private Law Perspective’, Juridical Review, 3, 127–45 178 6. Kevin Chamberlain (2002), ‘UK Accession to the 1970 UNESCO Convention’, Art, Antiquity and Law, 7 (3), September, 231–52 197 7. Derek Fincham (2008), ‘How Adopting the Lex Originis Rule Can Impede the Flow of Illicit Cultural Property’, Columbia Journal of Law and the Arts, 32 (1), 111–50 219 8. Derek Fincham (2007), ‘Rejecting Renvoi for Movable Cultural Property: The Islamic Republic of Iran v. Denyse Berend’, International Journal of Cultural Property, 14 (1), February, 111–20 259 9. Claudia Fox (1993), ‘The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects: An Answer to the World Problem of Illicit Trade in Cultural Property’, American University International Law Review, 9 (1), 225–67 269 10. Patty Gerstenblith (2001), ‘The Public Interest in the Restitution of Cultural Objects’, Connecticut Journal of International Law, 16 (2), Spring, 197–246 312 11. Ashton Hawkins, Richard A. Rothman and David B. Goldstein (1995), ‘A Tale of Two Innocents: Creating an Equitable Balance Between the Rights of Former Owners and Good Faith Purchasers of Stolen Art’, Fordham Law Review, 64 (1), 49–96 362 12. Andrea E. Hayworth (1993), ‘Stolen Artwork: Deciding Ownership is No Pretty Picture’, Duke Law Journal, 43 (2), November, 337–83 410 13. Lawrence M. Kaye (1998), ‘Looted Art: What Can and Should be Done’, Cardozo Law Review , 20 (2), December, 657–70 457 14. John Henry Merryman (1985), ‘Thinking about the Elgin Marbles’, Michigan Law Review , 83 (8), August, 1881–84, 1888–923 471 15. John Henry Merryman (2005), ‘Cultural Property Internationalism’, International Journal of Cultural Property , 12 (1), February, 11–39 511 16. Halina Nieć (1976), ‘Legislative Models of Protection of Cultural Property’, Hastings Law Journal , 27 , May, 1089–122 540 17. Norman Palmer (1994), ‘Recovering Stolen Art’, Current Legal Problems , 47 (2), 215–54 574 18. Norman Palmer (2015), ‘The Best We Can Do? Exploring a Collegiate Approach to Holocaust-related Claims’, in Evelien Campfens (ed.), Fair and Just Solutions? Alternatives to Litigation in Nazi-Looted Art Disputes: Status Quo and New Developments , Part III, Chapter 7, The Hague, the Netherlands: Eleven International Publishing, 153–85 614 19. Emily Pocock (2000), ‘Spoliation of Works of Art during the Holocaust and World War II Period: A Commentary on the National Museum Directors’ Conference First Progress Report on Provenance Research for the Period 1933–1945’, Art, Antiquity and Law , 5 (1), March, 81–96 647 20. Lyndel V. Prott (1996), ‘UNESCO and UNIDROIT: A Partnership against Trafficking in Cultural Objects’, Uniform Law Review , 1 (1), January, 59–71 663 21. Gerte Reichelt (1985), ‘International Protection of Cultural Property’, Uniform Law Review , 13 (1), January, 42–153 676 22. Christa Roodt (2013), ‘State Courts or ADR in Nazi-Era Art Disputes: A Choice “More Apparent than Real”?’, Cardozo Journal of Conflict Resolution , 14 (2), Winter, 421–63 788 23. Christa Roodt and David Carey Miller (2013), ‘Stolen Cultural Property: Implications of Vitium Reale in Private Law and Private International Law’, Transnational Dispute Management , TDM 5, October, 1–9 831 24. Kimberly A. Short (1993), ‘Preventing the Theft and Illegal Export of Art in a Europe Without Borders’, Vanderbilt Journal of Transnational Law , 26 , 633–65 840 25. Kurt Siehr (1998), ‘The Protection of Cultural Property: The 1995 UNIDROIT Convention and the EEC Instruments of 1992/93 Compared’, Uniform Law Review , 3 (2–3), April, 671–83 873 26. Kurt Siehr (1997), ‘The Protection of Cultural Heritage and International Commerce’, International Journal of Cultural Property, 6 (2), July, 304–25 886 27. Symeon C. Symeonides (2005), ‘A Choice-of-Law Rule for Conflicts Involving Stolen Cultural Property’, Vanderbilt Journal of Transnational Law , 38 (4), October, 1177–98 908 28. Charlotte Woodhead (2013), ‘Nazi Era Spoliation: Establishing Procedural and Substantive Principles’, Art, Antiquity and Law, XVIII (2), July, 167–92 930 Index

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Book SynopsisThis research review examines leading English language journal articles in the area of private international law. It focuses on a range of procedural issues that have particular salience for international litigation including the location of process and discovery, class actions and the aggregation of class, and the professional responsibility challenges of lawyers practicing in multiple jurisdictions. It provides valuable context and insight for the issues addressed. This research review is an essential tool for university and academic institution libraries and International law scholars. Table of ContentsVolume I Contents: Acknowledgements PART I FORUM NON CONVENIENS 1. Friedrich K. Juenger (1989), ‘Forum Shopping, Domestic and International’, Tulane Law Review, 63, 553–74 2. William L. Reynolds (1992), ‘The Proper Forum for a Suit: Transnational Forum Non Conveniens and Counter-Suit Injunctions in the Federal Courts’, Texas Law Review, 70, 1663–714 3. Allan R. Stein (1985), ‘Forum Non Conveniens and the Redundancy of Court-Access Doctrine’, University of Pennsylvania Law Review, 133, 781–846 4. Ronald A. Brand (2002), ‘Comparative Forum Non Conveniens and the Hague Convention on Jurisdiction and Judgments’, Texas International Law Journal, 37, 467–98 5. Ronald A. Brand (2013), ‘Challenges to Forum Non Conveniens’, New York University Journal of International Law and Politics, 45 (4), Summer, 1003–35 6. Dante Figueroa (2005), ‘Conflicts of Jurisdiction Between the United States and Latin America in the Context of Forum Non Conveniens Dismissals’, University of Miami Inter-American Law Review, 37, 119–70 PART II PARALLEL LITIGATION, LIS PENDENS, ANTI–SUIT INJUNCTION 7. James P. George (2002), ‘International Parallel Litigation—A Survey of Current Conventions and Model Laws’, Texas International Law Journal, 37, 499–540 8. Louise Ellen Teitz (2004), ‘Both Sides of the Coin: A Decade of Parallel Proceedings and Enforcement of Foreign Judgments in Transnational Litigation’, Roger Williams University Law Review, 10 (1), Fall, 1–71 9. N. Jansen Calamita (2006), ‘Rethinking Comity: Towards a Coherent Treatment of International Parallel Proceedings’, University of Pennsylvania Journal of International Economic Law, 27 (3), 601–80 10. George A. Bermann (1990), ‘The Use of Anti-Suit Injunctions in International Litigation’, Columbia Journal of Transnational Law, 28 , 589–631 PART III CHOICE OF COURT AGREEMENTS 11. Arturo J. Aballi, Jr. (1968), ‘Comparative Developments in the Law of Choice of Forum’, New York University Journal of International Law and Politics , 1 , 178–207 12. Hannah L. Buxbaum (2004), ‘Forum Selection in International Contract Litigation: The Role of Judicial Discretion’, Willamette Journal of International Law and Dispute Resolution , 12 , 185–210 13. Zheng Sophia Tang (2012), ‘Effectiveness of Exclusive Jurisdiction Clauses in the Chinese Courts—A Pragmatic Study’, International and Comparative Law Quarterly , 61 (2), April, 459–84 14. Walter W. Heiser (2011), ‘Using Anti-Suit Injunctions to Prevent Interdictory Actions and to Enforce Choice of Court Agreements’, Utah Law Review , 3 , 855–79 15. David Kenny and Rosemary Hennigan (2015), ‘Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation’, International and Comparative Law Quarterly , 64 (1), January, 197–209 16. Jeffrey Talpis and Nick Krnjevic (2006), ‘The Hague Convention on Choice of Court Agreements of June 30, 2005: The Elephant that Gave Birth to a Mouse’, Southwestern Journal of Law and Trade in the Americas , 13 , 1–35 PART IV SERVICE OF PROCESS 17. Arthur R. Miller (1965), ‘International Cooperation in Litigation Between the United States and Switzerland: Unilateral Procedural Accommodation in a Test Tube’, Minnesota Law Review , 49 (6), 1069–132 18. G. Brian Raley (1993), ‘A Comparative Analysis: Notice Requirements in Germany, Japan, Spain, the United Kingdom and the United States’, Arizona Journal of International and Comparative Law , 10 (2), 301–34 19. Michael O. Eshleman and Judge Stephen A. Wolaver (2010), ‘Prego Signor Postino : Using the Mail to Avoid the Hague Service Convention’s Central Authorities’, Oregon Review of International Law , 12 (2), 283–367 20. Phillip A. Buhler (2002), ‘Transnational Service of Process and Discovery in Federal Court Proceedings: An Overview’, Tulane Maritime Law Journal , 27 (1), Winter, 1–42 21. David P. Stewart and Anna Conley (2007), ‘E-Mail Service on Foreign Defendants: Time for an International Approach?’, Georgetown Journal of International Law , 38 , Summer, 755–802 Volume II Contents: PART I DISCOVERY 1. Geoffrey C. Hazard Jr. (1998), ‘Discovery and the Role of the Judge in Civil Law Jurisdictions’, Notre Dame Law Review, 73 (4), 1017– 28 2. David J. Gerber (1986), ‘Extraterritorial Discovery and the Conflict of Procedural Systems: Germany and the United States’, American Journal of Comparative Law, 34, January, 745–88 3. Stephan N. Subrin (2002), ‘Discovery in Global Perspective: Are We Nuts?’, DePaul Law Review, 52 (2), Winter, 299–318 4. Darrell Prescott and Edwin R. Alley (1988), ‘Effective Evidence-Taking Under the Hague Convention’, International Lawyer, 22 (4), Winter, 939–88 5. David J. Gerber (1988), ‘International Discovery after Aerospatiale: The Quest for an Analytical Framework’, American Journal of International Law, 82 (3), January, 521–55 6. Hannah L. Buxbaum (2003), ‘Assessing Sovereign Interests in Cross-Border Discovery Disputes: Lessons from Aérospatiale’, Texas International Law Journal, 38, 87–101 7. Kristen A. Knapp (2010), ‘Enforcement of U.S. Electronic Discovery Law Against Foreign Companies: Should U.S. Courts Give Effect to the EU Data Protection Directive?’, Richmond Journal of Global Law and Business, 10 (1), 111–33 8. Okezie Chukwumerije (2005), ‘International Judicial Assistance: Revitalizing Section 1782’, George Washington International Law Review, 37 (3), 649–85 PART II AGGREGATE LITIGATION AND CLASS ACTION 9. Deborah R. Hensler (2009), ‘The Globalization of Class Actions: An Overview’, ANNALS of the American Academy of Political and Social Science, 622 (1), March, 7–29 10. Samuel Issacharoff (1999), ‘Group Litigation of Consumer Claims: Lessons from the U.S. Experience’, Texas International Law Journal, 34, 135–50 11. S.I. Strong (2012), ‘Regulatory Litigation in the European Union: Does the U.S. Class Action Have a New Analogue?’, Notre Dame Law Review , 88 (2), 899–971 12. Rhonda Wasserman (2011), ‘Transnational Class Actions and Interjurisdictional Preclusion’, Notre Dame Law Review , 86 (1), March, 313–80 13. Linda Sandstrom Simard and Jay Tidmarsh (2011), ‘Foreign Citizens in Transnational Class Actions’, Cornell Law Review , 97, 87–129 PART III MULTIJURISDICTIONAL PRACTICE 14. Detlev F. Vagts (1999–2000), ‘Professional Responsibility in Transborder Practice: Conflict and Resolution’, Georgetown Journal of Legal Ethics, 13 (4), 677–98 15. Laurel S. Terry (1993), ‘An Introduction to the European Community’s Legal Ethics Code, Part I: An Analysis of the CCBE Code of Conduct ’, Georgetown Journal of Legal Ethics , 7 (1), Summer, 1–87 16. Laurel S. Terry (1993), ‘An Introduction to the European Community’s Legal Ethics Code, Part II: Applying the CCBE Code of Conduct ’, Georgetown Journal of Legal Ethics , 7 (2), Fall, 345–94 17. Catherine A. Rogers (2009), ‘Lawyers Without Borders’, University of Pennsylvania Journal of International Law , 30 (4), Summer, 1035–86 18. Richard S. Pike (2006), ‘The English Law of Legal Professional Privilege: A Guide for American Attorneys’, Loyola University Chicago International Law Review , 4 (1), Fall–Winter, 51–89 19. Janine Griffiths-Baker and Nancy J. Moore (2012), ‘Regulating Conflicts of Interest in Global Law Firms: Peace in Our Time?’, Fordham Law Review , 80 (6), May, 2541–67 Index

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Book SynopsisThis groundbreaking research review analyses leading work at the intersection of private international law and arbitration. Written by two recognised experts in the field, it covers wide range of topics, from international arbitration agreements and choice of law to the enforcement of awards and arbitration involving states. This authoritative study provides an essential research resource for students, academics and practitioners alike.Trade Review‘Coe and Childress have performed a great service by collecting in two volumes many of the seminal articles on private international law and arbitration. The collection will be of great value to practitioners and scholars alike.’Table of ContentsContents: Research Review Jack J. Coe, Jr. and Donald Earl Childress III PART I THE PROPER FORUM A. FORUM SHOPPING 1. Friedrich K. Juenger (1989), ‘Forum Shopping, Domestic and International’, Tulane Law Review, 63, 553–74 2. Franco Ferrari (2013), ‘Forum Shopping in the International Commercial Arbitration Context: Setting the Stage’, in Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers GmbH, 1–21 B. ALLOCATING ADJUDICATORY ASSIGNMENTS ABSENT AN ARBITRATION CLAUSE 3. Arthur T. von Mehren (1997), ‘The Case for a Convention-mixte Approach to Jurisdiction to Adjudicate and Recognition and Enforcement of Foreign Judgments’, Rabels Zeitschrift für ausländisches und internationales Privatrecht – Rabel Journal of Comparative and International Private Law, 61 (1), January, 86–92 4. Friedrich K. Juenger (2001), ‘Traveling to The Hague in a Worn-Out Shoe’, Pepperdine Law Review: International Law Weekend - West Symposium, 29 (1), 7–14 5. Ralf Michaels (2007), ‘Some Fundamental Jurisdictional Conceptions as Applied in Judgment Conventions’, in Eckart Gottschalk, Ralf Michaels, Giesela Rühl and Jan von Hein (eds.) Conflict of Laws in a Globalized World, Section II, Chapter 4, New York, NY, USA: Cambridge University Press, 29–62 C. PARTY AUTONOMY – DESIGNATING FORA 6. William W. Park (1995), ‘Illusion and Reality in International Forum Selection’, Texas International Law Journal, 30, 135–204 7. Louise Ellen Teitz (2005), ‘The Hague Choice of Court Convention: Validating Party Autonomy and Providing an Alternative to Arbitration’, American Journal of Comparative Law, 53 (3), Summer, 543–58 D. THE ARBITRATION ALTERNATIVE – FIRST AMONG EQUALS 8. Morris S. Rosenthal (1946), ‘Arbitration in the Settlement of International Trade Disputes’, Law and Contemporary Problems, Special Issue: International Trade Barriers, 11 (4), Summer–Autumn, 808–34 9. Soia Mentschikoff (1952), ‘The Significance of Arbitration – A Preliminary Inquiry’, Law and Contemporary Problems, Special Issue: Commercial Arbitration: Part II, 17 (4), Autumn, 698–710 10. Henry P. deVries (1984), ‘International Commercial Arbitration: A Transnational View’, Journal of International Arbitration, 1 (1), 7–20 11. Gilles Cuniberti (2008), ‘Beyond Contract – The Case for Default Arbitration in International Commercial Disputes’, Fordham International Law Journal, 32 (2), 417–88 12. Gary Born (2014), ‘BITs, BATs and Buts: Reflections on International Dispute Resolution’, Young Arbitration Review, 13, April, 6–14 13. Karl-Heinz Böckstiegel (2006), ‘The Role of Arbitration within Today’s Challenges to the World Community and to International Law’, Arbitration International, 22 (2), June, 165–77 PART II GOVERNING LAW AND SOURCES A. SYSTEMIC FUNDAMENTALS – TRANSNATIONAL ARBITRATION AND NATIONAL LEGAL SYSTEMS 14. F. A. Mann (1967), ‘Lex Facit Arbitrum’, in Pieter Sanders (ed.), International Arbitration: Liber Amicorum for Martin Domke, The Hague, the Netherlands: Martinus Nijhoff, 157–83 15. William W. Park (1983), ‘The Lex Loci Arbitri and International Commercial Arbitration’, International and Comparative Law Quarterly, 32 (1), January, 21–52 16. Jan Paulsson (1983), ‘Delocalisation of International Commercial Arbitration: When and Why it Matters’, International and Comparative Law Quarterly, 32 (1), January, 53–61 17. Julian D. M. Lew (2006), ‘Achieving the Dream: Autonomous Arbitration’, Arbitration International, 22 (2), June, 179–203 18. Emmanuel Gaillard (2012), ‘The Emerging System of International Arbitration: Defining “System”’, Proceedings of the Annual Meeting of the American Society of International Law, 106, March, 287–92 B. NATIONAL AND A-NATIONAL RULES OF DECISION IN ARBITRATION 19. Julian D. M. Lew (1997), ‘Determination of Applicable Substantive Law’, International Business Lawyer, 25, April, 157–60 20. Marc Blessing (1997), ‘Choice of Substantive Law in International Arbitration’, Journal of International Arbitration, 14 (2), 39–65 21. George A. Bermann (2010), ‘Mandatory Rules of Law in International Arbitration’, in Franco Ferrari and Stefan Kröll (eds), Conflict of Laws in International Arbitration, Munich, Germany: Sellier European Law Publishers, 325–39 22. Emmanuel Gaillard (2001), ‘Transnational Law: A Legal System or a Method of Decision Making?’, Arbitration International, 17 (1), March, 59–71 23. Friedrich K. Juenger (1995), ‘American Conflicts Scholarship and the New Law Merchant’, Vanderbilt Journal of Transnational Law, 28, 487–501 24. Lord Justice Mustill (1988), ‘The New Lex Mercatoria: The First Twenty–five Years’, Arbitration International, 4 (2), April, 86–119 25. Andreas F. Lowenfeld (1990), ‘Lex Mercatoria: An Arbitrator’s View’, Arbitration International, 6 (2), June, 133–50 26. Emmanuel Gaillard (1999), ‘Use of General Principles of International Law in International Long-Term Contracts’, International Business Lawyer, 27 (5), May, 214–24 27. Klaus Peter Berger (1997), ‘The Lex Mercatoria Doctrine and the UNIDROIT Principles of International Commercial Contracts’, Law and Policy in International Business, 28 (4), 943–90 28. Ralf Michaels (2014), ‘The UNIDROIT Principles as Global Background Law’, Uniform Law Review, 19 (4), December, 643–68 PART III NATIONAL AND A–NATIONAL PROCEDURAL STRUCTURES IN INTERNATIONAL ARBITRATION A. CONFLICTS OF LEGAL CULTURE AND ARBITRAL FLEXIBILITY 29. Andreas F. Lowenfeld (1985), ‘The Two-Way Mirror: International Arbitration as Comparative Procedure’, Michigan Yearbook of International Legal Studies, 7, 163–185 30. Siegfried H. Elsing and John M. Townsend (2002), ‘Bridging the Common Law-Civil Law Divide in Arbitration’, Arbitration International, 18 (1), March, 59–65 31. William W. Park (2003), ‘The 2002 Freshfields Lecture – Arbitration’s Protean Nature: The Value of Rules and the Risks of Discretion, Arbitration International, 19 (3), September, 279–301 B. STATUTORY CONVERGENCE AND DIVERGENCE 32. Gerold Herrmann (1984), ‘UNCITRAL’s Work Towards a Model Law on International Commercial Arbitration’, Pace Law Review: International Commercial Arbitration Issue, 4 (3), Spring, 537–80 33. Pieter Sanders (1995), ‘Unity and Diversity in the Adoption of the Model Law’, Arbitration International, 11 (1), March, 1–37 34. Fabien Gélinas (2013), ‘From Harmonized Legislation to Harmonized Law: Hurdles and Tools, Judicial and Arbitral Perspectives’, in Frédéric Bachand and Fabien Gélinas (eds), The UNCITRAL Model Law after Twenty–Five Years: Global Perspectives on International Commercial Arbitration, Part V, Chapter 13, New York, NY, USA: JurisNet, LLC, 261–75 35. Lord Justice Mustill (1990), ‘A New Arbitration Act for the United Kingdom? The Response of the Departmental Advisory Committee to the UNCITRAL Model Law, Arbitration International, 6 (1), March, 3–62 36. Daniel M. Kolkey (1990), ‘Reflections on the U.S. Statutory Framework for International Commercial Arbitrations: Its Scope, Its Shortcomings, and the Advantages of U.S. Adoption of the UNCITRAL Model Law’, American Review of International Arbitration, 1 (4), 491–534 Volume II Contents: Introduction An introduction to both volumes by the editors appears in Volume I PART I ENFORCEMENT AND CONTROL OF AWARDS A. QUALITY CONTROL BROADLY 1. William W. Park (2001), ‘Why Courts Review Arbitral Awards’, in Robert Briner, L. Yves Fortier, Klaus P. Berger and Jens Bredow (eds), Law of International Business and Dispute Settlement in the 21st Century: Liber Amicorum Karl-Heinz Böckstiegel, Cologne, Berlin, Bonn and Munich, Germany: Carl Heymanns Verlag, 595–606 2. Linda Silberman and Maxi Scherer (2013), ‘Forum Shopping and Post-Award Judgments’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers GmbH, 313–45 B. INTERNATIONAL COMMERCIAL ARBITRATION’S DUAL SYSTEM 3. Alan Scott Rau (2010), ‘Understanding (and Misunderstanding) “Primary Jurisdiction”’, American Review of International Arbitration, XXI (1–4), 47–188 4. George A. Bermann (2011), ‘The UK Supreme Court Speaks to International Arbitration: Learning from the Dallah Case’, American Review of International Arbitration, XXII (1), 1–20 PART II ARBITRATION INVOLVING STATES A. THE ARBITRAL FORUM – SOME HISTORIC BENCHMARKS 5. Arthur Nussbaum (1950), ‘The Arbitration between the Lena Goldfields, Ltd. and the Soviet Government’, Cornell Law Quarterly, 36 (1), Fall, 31–53 6. V. V. Veeder (1998), ‘The Lena Goldfields Arbitration: The Historical Roots of Three Ideas’, International and Comparative Law Quarterly, 47 (4), October, 747–92 7. Robert B. von Mehren and P. Nicholas Kourides (1981), ‘International Arbitrations between States and Foreign Private Parties: The Libyan Nationalization Cases’ American Journal of International Law, 75 (3), July, 476–552 B. GOVERNING LAW WHEN A STATE IS A PARTY 8. F. A. Mann (1960), ‘State Contracts and State Responsibility’, American Journal of International Law, 54 (3), July, 572–91 9. R. Y. Jennings (1961), ‘State Contracts in International Law’, British Yearbook of International Law, 37, 156–82 10. Richard B. Lillich (1994), ‘The Law Governing Disputes under Economic Development Agreements: Reexamining the Concept of “Internationalization’’’, in Richard B. Lillich and Charles N. Brower (eds), International Arbitration in the 21st Century: Towards “Judicialization” and Uniformity?, Chapter IV, Irvington, NY, USA: Transnational Publishers, Inc., 61–114 11. Georges R. Delaume (1989), ‘Comparative Analysis as a Basis of Law in State Contracts: The Myth of the Lex Mercatoria’, Tulane Law Review, 63 (3), February, 575–611 C. DECIDING DISPUTES INVOLVING ONE OR MORE STATE PARTIES 12. Oscar Schachter (1960), ‘The Enforcement of International Judicial and Arbitral Decisions’, American Journal of International Law, 54 (1), January, 1–24 13. Henri C. Alvarez (2004), ‘Setting Aside Additional Facility Awards: The Metalclad Case’, in Emmanuel Gaillard and Yas Banifatemi (eds), International Arbitration Series: Annulment of ICSID Awards: A Joint IAI-ASIL Conference, Washington, D.C. – April 1, 2003, Huntington, NY, USA: Juris Publishing, Inc., 267–88 14. Jack J. Coe, Jr. (2002), ‘Domestic Court Control of Investment Awards: Necessary Evil or Achilles Heel Within NAFTA and the Proposed FTAA?’, Journal of International Arbitration, 19 (3), 185–207 15. Timothy G. Nelson (2010), ‘Annulment of International Arbitration Awards: The Orinoco Steamship Case Sails On’, ASA Bulletin, 28 (2), June, 205–229 16. D. A. Redfern (1987), ‘ICSID – Losing its Appeal?’, Arbitration International, 3 (2), April, 98–118 17. W. Michael Reisman (1989), ‘The Breakdown of the Control Mechanism in ICSID Arbitration’, Duke Law Journal, 4, September, 739–807 18. Aron Broches (1991), ‘Observations on the Finality of ICSID Awards’, ICSID Review – Foreign Investment Law Journal, 6 (2), Fall, 321–79 19. W. Michael Reisman (1992), ‘Repairing ICSID’s Control System: Some Comments on Aron Broches’ “Observations on the Finality of ICSID Awards”’, ICSID Review – Foreign Investment Law Journal, 7 (1), Spring, 196–211 Index

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Book SynopsisWith cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes.Key Features: Practical analysis of the provisions of the EU Succession Regulation Consideration of issues at the intersection between cross-border successions and taxation Analysis of the specificities of the European Certificate of Succession and its interface with national laws Study of cross-border successions in the context of both estate planning and the opening and liquidation of a succession Contextualization of the EU Succession Regulation in the framework of the national law and practice of several EU Member States A comprehensive study of EU cross-border succession law with global reach, this book is an invaluable source of reference and guidance for practitioners specialising in estate planning, family law and property law, including judges, notaries, tax specialists and lawyers. Scholars of European succession law and conflict of laws will also find this book’s critical analysis an instrumental tool in their research.Table of ContentsContents: Preface xxii List of abbreviations xxiv PART I THE SCOPE OF APPLICATION OF THE EU SUCCESSION REGULATION 1 Definition of succession 2 Peter Kindler 2 Succession and family law 5 Anna Reis 3 Succession and trust 33 Daniele Muritano 4 Succession and property rights 49 Zeno Crespi Reghizzi 5 Succession and company law 72 David Paulus 6 The EU succession regulation and third countries 88 Stefania Bariatti PART II DETERMINING THE APPLICABLE LAW UNDER THE EU SUCCESSION REGULATION 7 The law applicable to the succession: Objective connecting factors 101 Peter Kindler 8 The notion of habitual residence in Recitals 23 and 24 115 Michael Kränzle 9 Applicable law: choice of law 133 Ilaria Viarengo 10 Renvoi 152 Luigi Fumagalli 11 States with more than one legal system 168 Alegría Borrás 12 The scope of applicable law and problems of commorientes and estates without heirs 184 Daniele Muritano 13 Acceptance and waiver of the succession 190 Daniele Muritano 14 The exceptions to the application of the lex successionis 202 Francesca C. Villata PART III DETERMINING JURISDICTION UNDER THE EU SUCCESSION REGULATION 15 Jurisdiction in succession matters: General rules and choice of court 221 Ilaria Queirolo PART IV RECOGNITION AND ENFORCEMENT OF JUDGMENTS AND OTHER INSTRUMENTS UNDER THE EU SUCCESSION REGULATION 16 Recognition and enforcement of foreign decisions in cross-border succession matters 246 Francesco Pesce and Stefano Dominelli 17 Authentic instruments and court settlements 285 Giulia Vallar PART V THE EUROPEAN CERTIFICATE OF SUCCESSION 18 The European certificate of succession: creation, purpose, contents, and effects 308 Carlo Alberto Marcoz 19 The European certificate of succession: issuance procedure 327 Carlo Alberto Marcoz 20 The European certificate of succession: Redress procedure and suspension of the effects of the certificate 345 Carlo Alberto Marcoz PART VI CROSS-BORDER SUCCESSIONS AND TAXATION 21 Cross-border issues related to inheritance tax from the EU perspective 351 Raul-Angelo Papotti and Sonia Velasco 22 Tax aspects of cross-border successions: Notarial problems 357 Daniele Muritano PART VII THE IMPACT OF THE EU SUCCESSION REGULATION ON THE NATIONAL LAWS ON CROSS-BORDER SUCCESSION 23 The impact of the EU succession regulation on Belgian law 366 Elise Goossens 24 Private international law of succession England and Wales 382 Richard Frimston and Andrew Godfrey 25 The French cross-border succession law 408 Cyril Nourissat 26 The implementation of the EU succession regulation in Germany: A concise assessment of the ‘international succession law procedure act (ISLPA)’ 414 Peter Kindler 27 Private international law of succession – Italy 427 Giulio Peroni 28 Private international law of succession – Northern Ireland 444 Michael Graham 29 Private international law of succession – Scotland 451 Paul Beaumont and Jayne Holliday 30 Changes in Spanish law as a consequence of the EU succession regulation 471 Lorenzo Prats Albentosa and Isidoro Calvo Vidal 31 Remarks on the impact of the EU succession regulation on Swiss-EU successions 478 Gian Paolo Romano 32 Effects of the EU succession regulation on wills and successions connected with the United States 510 Cristina M. Mariottini Index

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Book SynopsisThe purpose and doctrinal structure of private law remedies has undergone fundamental questioning over the last 25 years. This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent. Leading contributors from across the globe thoroughly analyse the steps taken to improve the clarity and functioning of the law and examine additions to the law's difficulties. Providing a uniquely in-depth engagement with the doctrine and theory of the topic, this Research Handbook will be of great interest to academics and students working and studying contract, equity, restitution or tort law, as well as practising lawyers in the field.Trade Review'An excellent resource both for accomplished experts and those who seek an introduction to the field of private law remedies. The book covers many important issues, including the relationship between rights and remedies, the purposes of various remedies, contractual remedies in comparative perspective, and specific issues relevant to remedies law in practice.' --Normann Witzleb, Monash University, AustraliaTable of ContentsContents: Preface: Stewart Macaulay, University of Wisconsin Introduction: David Campbell, Lancaster and Roger Halson, Leeds A. General issues 1. Is remedies a subject? Steve Hedley 2. The modern history of remedies for breach of contract Stephen Waddams 3. The modern history of remedies in tort Paul Mitchell 4. Personal injury compensation and civil justice paradigms Annette Morris 5. Remedies and reality in the law of contract Catherine Mitchell B. The protected interests 6. The limitations on ‘reliance’ damages for breach of contract David McLauchlan 7. Restitution Peter Jaffey 8. The performance interest David Winterton 9. Remedies for breach of trust Duncan Sheehan C. Specific issues 10. Termination of contract for fundamental breach Qiao Liu 11. Literal enforcement of obligations Andrew Tettenborn 12. Damages for non-pecuniary loss Roger Halson 13. Remedies for common mistake and frustration Catharine Macmillan 14. Market damages and their relationship to the general principles of remedies for breach of contract David Campbell 15. Consumer law and the Consumer Rights Act 2015 James Devenney 16. Injunctions through the lens of nuisance Robert Palmer and Ben Pontin 17. Gain-based damages Katy Barnett D. Insights from other jurisdictions 18. Remedies for breach of contract in Scots law Laura MacGregor 19. Australian perspectives on contract damages Sirko Harder 20. Canadian perspectives on contract remedies Jeff Berryman 21. New Zealand perspectives on contract remedies Rick Bigwood 22. Remedies in International Instruments Ewan McKendrick and Xiang Ren 23. Those magnificent men in their unifying machines: exploring the wreckage of the unification initiative in European private law Mel Kenny E. Theoretical perspectives 24. Tort law and the tort system: from vindictiveness to vindication Allan Beever 25. The structure of remedial law Steve Smith 26. Contract damages as default rules Jonathan Morgan 27. A relational perspective on contract law’s default rules, with an emphasis on remedies William Whitford Index

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