Private international law / Conflict of laws Books

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 SynopsisThis article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. It offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered. Written by experts from a variety of European countries, this Commentary draws on scholarship and practice from a number of EU states to enrich its analysis and explore pertinent questions of jurisprudence. It also highlights the close relationship of the Regulations with other legislative measures of the EU in the field of private international law, such as on matters of succession and matrimonial matters. This Commentary will be a crucial reference source for practitioners working as family litigation lawyers, estate planning lawyers and notaries. It will also be of interest to scholars and other practitioners working in the field of private international law. Contributors include: G. Biagioni, A. Bonomi, B. Campuzano Díaz, J. Carruthers, S. Corneloup, G. Cuniberti, E. D'Alessandro, P. Franzina, M. Gebauer, C. Kohler, S. Marino, C. Mariottini, D. Martiny, C.I. Nagy, J. Re, C. Ricci, A. Rodríguez Benot, L. Sandrini, I. Viarengo, P. WauteletTrade Review'This Italian initiative for a truly European Commentary on the new Regulations for property regimes of international couples must be warmly welcomed. Conceived with the help of a transnational team comprising some of the best academics in the field, this Commentary will help practitioners understanding the new harmonised regimes, as well as other interested lawyers making the necessary cross-references with other rules of the European judicial area. This new Elgar Commentary will be a guide for and towards the European future.' --Louis d'Avout, Université Panthéon-Assas (Paris II), France'The European Property Regulations for spouses and registered partners have, so far, not attracted much attention in legal literature, compared to other European instruments. Over a year after they became applicable, the supply of books on both Regulations in English is still scarce. This gap will now be closed by Ilaria Viarengo and Pietro Franzina with this truly comprehensive Commentary. The book brings together renowned authors from different Member States and will serve practitioners and academics as a valuable resource.' --Anatol Dutta, Ludwig-Maximilians-Universität München, GermanyTable of ContentsContents: Preface xxi General introduction 1 Pietro Franzina and Ilaria Viarengo CHAPTER I SCOPE AND DEFINITIONS 14 Introduction by Pietro Franzina Article 1 Scope 17 Comment by Andrés Rodríguez Benot Article 2 Competence in matters of matrimonial property regimes [of property consequences of registered partnerships] within the Member States 29 Comment by Silvia Marino Article 3 Definitions 32 Comment by Andrés Rodríguez Benot CHAPTER II JURISDICTION 46 Introduction by Andrea Bonomi Article 4 Jurisdiction in the event of the death of one of the spouses [partners] 50 Comment by Andrea Bonomi Article 5 Jurisdiction in cases of divorce, legal separation or marriage annulment [in cases of dissolution or annulment] 67 Comment by Ilaria Viarengo Article 6 Jurisdiction in other cases 78 Comment by Pietro Franzina Article 7 Choice of court 85 Comment by Pietro Franzina Article 8 Jurisdiction based on the appearance of the defendant 92 Comment by Sabine Corneloup Article 9 Alternative jurisdiction 103 Comment by Pietro Franzina Article 10 Subsidiary jurisdiction 111 Comment by Pietro Franzina Article 11 Forum necessitatis 117 Comment by Giacomo Biagioni Article 12 Counterclaims 125 Comment by Giacomo Biagioni Article 13 Limitation of proceedings 130 Comment by Pietro Franzina Article 14 Seising a court 137 Comment by Pietro Franzina Article 15 Examination as to jurisdiction 146 Comment by Pietro Franzina Article 16 Examination as to admissibility 151 Comment by Pietro Franzina Article 17 Lis pendens 158 Comment by Csongor István Nagy Article 18 Related actions 166 Comment by Csongor István Nagy Article 19 Provisional, including protective, measures 171 Comment by Lidia Sandrini CHAPTER III APPLICABLE LAW 185 Introduction by Pietro Franzina Article 20 Universal application 187 Comment by Dieter Martiny Article 21 Unity of the applicable law 191 Comment by Dieter Martiny Article 22 Choice of the applicable law 195 Comment by Christian Kohler Article 23 Formal validity of the agreement on a choice of applicable law 212 Comment by Christian Kohler Article 24 Consent and material validity 222 Comment by Christian Kohler Article 25 Formal validity of a matrimonial [partnership] property agreement 232 Comment by Pietro Franzina Article 26 Applicable law in the absence of choice by the parties 241 Comment by Dieter Martiny Article 27 Scope of the applicable law 260 Comment by Janeen M. Carruthers Article 28 Effects in respect of third parties 271 Comment by Janeen M. Carruthers Article 29 Adaptation of rights in rem 283 Comment by Patrick Wautelet Article 30 Overriding mandatory provisions 295 Comment by Martin Gebauer Article 31 Public policy (ordre public) 306 Comment by Martin Gebauer Article 32 Exclusion of renvoi 312 Comment by Martin Gebauer Article 33 States with more than one legal system – territorial conflicts of laws 319 Comment by Beatriz Campuzano Díaz Article 34 States with more than one legal system – inter-personal conflicts of laws 327 Comment by Beatriz Campuzano Díaz Article 35 Non-application of this Regulation to internal conflicts of laws 330 Comment by Beatriz Campuzano Díaz CHAPTER IV RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS 332 Introduction by Pietro Franzina Article 36 Recognition 334 Comment by Pietro Franzina Article 37 Grounds of non-recognition 344 Comment by Gilles Cuniberti Article 38 Fundamental rights 354 Comment by Martin Gebauer Article 39 Prohibition of review of jurisdiction of the court of origin 360 Comment by Carola Ricci Article 40 No review as to substance 367 Comment by Csongor István Nagy Article 41 Staying of recognition proceedings 370 Comment by Elena D’Alessandro Article 42 Enforceability 374 Comment by Gilles Cuniberti Article 43 Determination of domicile 379 Comment by Jacopo Re Article 44 Jurisdiction of local courts 384 Comment by Jacopo Re Article 45 Procedure 387 Comment by Elena D’Alessandro Article 46 Non-production of the attestation 391 Comment by Elena D’Alessandro Article 47 Declaration of enforceability 393 Comment by Elena D’Alessandro Article 48 Notice of the decision on the application for a declaration of enforceability 395 Comment by Elena D’Alessandro Article 49 Appeal against the decision on the application for a declaration of enforceability 398 Comment by Elena D’Alessandro Article 50 Procedure to contest the decision given on appeal 403 Comment by Elena D’Alessandro Article 51 Refusal or revocation of a declaration of enforceability 405 Comment by Gilles Cuniberti Article 52 Staying of proceedings 409 Comment by Elena D’Alessandro Article 53 Provisional, including protective, measures 411 Comment by Lidia Sandrini Article 54 Partial enforceability 419 Comment by Gilles Cuniberti Article 55 Legal aid 422 Comment by Csongor István Nagy Article 56 No security, bond or deposit 425 Comment by Csongor István Nagy Article 57 No charge, duty or fee 428 Comment by Csongor István Nagy CHAPTER V AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS 430 Introduction by Pietro Franzina Article 58 Acceptance of authentic instruments 432 Comment by Pietro Franzina Article 59 Enforceability of authentic instruments 445 Comment by Pietro Franzina Article 60 Enforceability of court settlements 452 Comment by Gilles Cuniberti CHAPTER VI GENERAL AND FINAL PROVISIONS 455 Introduction by Pietro Franzina Article 61 Legalisation and other similar formalities 456 Comment by Csongor István Nagy Article 62 Relations with existing international conventions 458 Comment by Cristina M. Mariottini Article 63 Information made available to the public 468 Comment by Jacopo Re Article 64 Information on contact details and procedures 470 Comment by Jacopo Re Article 65 Establishment and subsequent amendment of the list containing the information referred to in Article 3(2) 474 Comment by Jacopo Re Article 66 Establishment and subsequent amendment of the attestations and forms referred to in point (b) of Article 45(3) and Articles 58, 59 and 60 477 Comment by Silvia Marino Article 67 Committee procedure 480 Comment by Silvia Marino Article 68 Review clause 481 Comment by Silvia Marino Article 69 Transitional provisions 483 Comment by Giacomo Biagioni Article 70 Entry into force 489 Comment by Giacomo Biagioni Annex 1 Preamble to Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes 493 Preamble to Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships 508 Annex 2 Council Decision (EU) 2016/954 of 9 June 2016 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships 524 Annex 3 Commission Implementing Regulation (EU) 2018/1935 of 7 December 2018 establishing the forms referred to in Council Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes [2018] OJ L314 529 Annex 4 Commission Implementing Regulation (EU) 2018/1990 of 11 December 2018 establishing the forms referred to in Council Regulation (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships [2018] OJ L320 531 Annex 5 Information provided by the Member States in accordance with Article 64 of the Property Regimes Regulations 533 Index 535

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Book Synopsis'El libro de S.I. Strong, Katia Fach Gómez y Laura Carballo Piñeiro sigue la estructura de algunos textos clásicos de Derecho Comparado, como los de Rudolf Schelsinger y John Henry Merryman, cotejando los elementos generales de los dos grandes sistemas jurídicos del Derecho Civil y el Common Law, analizando las semejanzas y diferencias de ambos sistemas con un fin eminentemente práctico: atender a las necesidades de aquellos que trabajan cruzando las fronteras lingüísticas para analizar un análisis comparado.'- Rodrigo Polanco Lazo, Universidad de Chile and Universidad de Berna, Suiza Comparative Law for Spanish-English Lawyers (Derecho Comparado para Abogados Anglo- e Hispanoparlantes) provides lawyers and law students who are conversationally fluent in both Spanish and English with the information and skills needed to undertake comparative legal research in their second language and facilitate communication with colleagues and clients in that language.Key features include: fully Spanish-English bilingual enables lawyers to develop the broad practical skills critical to success in today's increasingly international legal market covers a variety of substantive and procedural areas of law and includes information on legal and business practices in a number of English- and Spanish-speaking jurisdictions contextualizes information about foreign legal systems and develops readers' linguistic and legal skills through both immersion and instruction. Suitable for use by both individuals and groups, helping practitioners, academics and law students at any stage of their professional development, this book is perfect for anyone who wishes to move from conversational fluency in a second language to legal fluency.Comparative Law for Spanish English Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.Trade ReviewComparative Law for Spanish-English Speaking Lawyers is an extremely well researched and well put together book, and it will be a worthwhile investment for those attorneys who regularly conduct business with Span and/or Mexico. Additionally, law schools with Study Abroad programs in a variety of Spanish speaking nations will find this a valuable resource, useful for preparing their students for coursework and even internships in those foreign countries.' --Stacy Fowler, International Journal of Legal Information'This insightful book offers innovative solutions to tackle the cultural, legal and linguistic nuances which inevitably arise in international law, trade and commerce. It will also provide assistance to the international legal community by providing a greater degree of legal certainty and precision. For these reasons alone, it is a necessary addition to any bilingual (Spanish-English) practitioner's library, as well as a template for further works in other languages.' --Gary Born, Wilmer Cutler Pickering Hale and Dorr LLP, UK'La originalidad de su concepción y el alto valor práctico añadido a los materiales incluidos en el texto sólo permiten abrigar buenos augurios. Es probable, incluso, que el libro abra una nueva modalidad para los escritos de Derecho comparado que comience a extenderse a otros binomios lingüísticos, lo cual sería una excelente noticia.' --Diego P Fernández Arroyo, Sciences Po Law School, FranceTable of ContentsContents: About the authors - Sobre las autoras Foreword - Prologo Preface - Prefacio Acknowledgements - Agradecimientos Permissions - Permisos List of abbreviations - Lista de abreviaturas Table of cases - Tabla de jurisprudencia Table of legislation - Table de legislacion PART I: INTRODUCTION - SECTION I INTRODUCCIÓN 1. Introduction – Introducción 2. Legal, Business and Social Cultures – Culturas Jurídicas, Empresariales Y Sociales SECTION II : SOURCES OF LAW/SECCION II FUENTES DEL DERECHO 3. Basic Principles of Comparative Law – Principios Básicos De Derecho Comparado 4. Legislation – Legislación 5. Decisions From Judicial and Other Tribunals – Decisiones De La Judicatura Y Otros Tribunales 6. Treatises and Scholarly Commentary – Doctrina SECTION III: SUBJECT-SPECIFIC AREAS OF LAW/SECCIÓN III – ÁREAS JURÍDICAS ESPECÍFICAS 7. Substantive Law – Derecho Sustantivo 8. Procedural Law – Derecho Procesal SECTION IV: PRACTICAL ISSUES/SECCIÓN IV – CUESTIONES PRÁCTICAS DE LA PRACTICA JURIDICA 9. Submissions to Judicial, Arbitral and Other Tribunals – Escritos Dirigidos A Tribunales De Justicia, Arbitrales Y Otros 10. Trasactional Documents/Documentos Transaccionales 11. Internal and External Correspondence and Memoranda – Correspondencia Externa E Interna Y Dictámenes SECTION V: EXERCISES AND FURTHER DEVELOPMENT/SECCIÓN V – EJERCICIOS Y OTROS DESARROLLOS 12. Mock Arbitral Dispute – Simulación De Arbitraje 13. Mock Legal Transaction – Simulación De Transacciónes Jurídicas 14. Answers to self-tests - Contestaciones a las autoevaluaciones Index/Indice

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Book SynopsisThis book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through the examination of what are found to be the three major proxies of transnational private ordering: private standards, contracts and codes. Chapters survey the absence of jurisdictional restrictions in the transnational space and how the EU is arguably shaping transnational private governance to pursue regulatory aims. These regulatory endeavours span not only institutional structures and substantive rules but also the values that inform them. Leading contributors provide insights into a broad range of transnational governance considerations, from the standardization of the internet and contracts in energy exchanges to private food safety standards. The Role of the EU in Transnational Legal Ordering will be of interest to students and scholars working in the areas of EU law, regulatory law, international law, transnational governance, and private law. EU law practitioners and policy-makers will also find the analysis of key elements of EU regulation beneficial. Contributors include: C. Busch, M. Cantero Gamito, L. de Almeida, T. Juutilainen, A. Marcacci, M. Mataija, H.-W. Micklitz, M. Paz de la C. de los Mozos, K. Pijl, G. Spindler, R. Vallejo, R. van Gestel, P. van Lochem, P. Verbruggen, B. WarwasTrade Review'The book fills an important gap between the literature on EU external relations and the literature on transitional (private) law as well as global administrative law. The book is certainly a very recommended read: for public and private law researchers with an interest in standardization on EU and global level; for scholars that work in the blurring borderline of public law and private regulation; and to practitioners working in the respective fields covered in the book chapters who may find it is of value to them.' -- Sabrina Röttger-Wirtz, Review of European Administrative Law'This fascinating book breaks important new ground in exploring the private mechanisms of transnational legal ordering through contracts, standards, and codes. It shows the major role played by the European Union, even given the serious internal challenges the EU faces.' --Gregory Shaffer, Georgetown University Law Center, US'The private dimension of the EU's external governance is a topic that is important yet under-explored. This book brings a rich set of diverse contributions under a unified conceptual framework, advancing a conversation that anyone interested in global governance, transnational legal order, or the EU's global role will find highly valuable.' --Anu Bradford, Columbia Law School, USTable of ContentsContents: PART I INTRODUCTION: THE CONCEPTUAL DIMENSION 1 The role of the EU in the transnational governance of standards, contracts and codes 2 Marta Cantero Gamito PART II THE ROLE OF THE EU IN THE TRANSNATIONAL GOVERNANCE OF STANDARDS, CONTRACTS AND CODES 2 Private standards as a replacement for public lawmaking? 27 Rob van Gestel and Peter van Lochem 3 Private food safety standards, private law and the EU: exploring the linkages in constitutionalization 54 Paul Verbruggen 4 EU rules and values, transnational legal ordering, and international arbitration 80 Barbara Warwas 5 The standardization of the internet and the international harmonization of ecommerce 100 Gerald Spindler 6 Self-regulation and regulatory intermediation in the platform economy 115 Christoph Busch 7 Private standard setting in the TBT Agreement: control and recognition 135 Mislav Mataija 8 Standardization of standard contracts: fairness in EU energy exchanges 155 Lucila de Almeida 9 EU Securitisation Regulation: legal ordering in symbiosis with transnational bodies 180 Teemu Juutilainen 10 Standardizing intrafirm processes worldwide: product governance between IOSCO and the EU 200 Antonio Marcacci 11 SME inclusion: codes of conduct in the food supply chain 221 María Paz de la Cuesta de los Mozos 12 The Dutch Banking Agreement on Human Rights: a blueprint for EU governance? 239 Kinanya Pijl PART III CONCLUSIONS: THE NORMATIVE DIMENSION 13 Voyaging through standards, contracts, and codes: the transnational quest of European regulatory private law 265 Rodrigo Vallejo 14 Epilogue: the role of the EU in the external reach of regulatory private law – gentle civiliser or neoliberal hegemon? 299 Hans-W. Micklitz Index 322

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Book SynopsisGlobal Private International Law is a groundbreaking casebook, combining the expertise of over sixty international and interdisciplinary contributors who analyze key legal proceedings in order to provide a comprehensive study of the impact of globalisation on the law.Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.Key Features: the specific global scope allows the reader to gain a contextualised understanding of legal transformation each case has two commentaries from different viewpoints, ensuring a nuanced perspective on the implications of the global turn in private international law and its importance for adjudication an astute combination of theory and practice ensures readers gain an understanding of the relevance of innovative legal theories in interpreting concrete cases in a changing world comparative material and ground-breaking analysis make this book eminently suitable for use with students and a useful tool for researchers and courts confronted with novel topics or issues. Table of ContentsContents: Introduction Part I Jurisdiction: Judging without Frontiers? 1. Post-war yearning for deparochialisation and the siren of free trade: The Bremen v. Zapata Off-Shore Co. Jacco Bomhoff, Agatha Brandão de Oliveira and Lucia Bíziková 2. Judicial discretion (From Bhopal to Brexit): Owusu v. Jackson Christelle Chalas and Richard Fentiman 3. Parallel proceedings: Texaco/Chevron lawsuits (re Ecuador) Diego P. Fernández Arroyo qnd Laura Carballo Piñeiro 4. Free-wheeling judgments/awards: Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. George A. Bermann and Giuditta Cordero-Moss 5. By-passing sovereignty: Trafigura lawsuits (re Ivory Coast) Sara Dezalay and Simon Archer Part II The Rise of Informality: Emerging Non-legal Normativities 6. Indigenous norms and judicial anthropology Song Mao, Alex Mills, Hisashi Harata and Oona Le Meur 7. Non-state authority: FIFA Franck Latty 8. Informal Codes: Nike v Kasky Ralf Michaels and Ludovic Hennebel 9. Arbitration and religion: Jivraj v Hashwani François-Xavier Licari, Sandrine Brachotte and Nathalie Najjar Part III Changing Structures: New Foundations of the Private Global Economy 10. Emerging global giants: the legal infrastructure and structural causes of economic monopoly: Samsung Darren Rosenblum, Calixto Salomão Filho and Vitor Henrique Pinto Ido 11. Global supply chains: Doe v. Nestle Tomaso Ferrando and Samuel Fulli-Lemaire 12. Global market for sovereign debt: Argentina v. NML Capital, Ltd. Jerôme Sgard and Mark Weidemaier 13. Autotomizing financial markets: Lehman Brothers v. BNY Corporate Trustee Horatia Muir Watt Part IV Modes of Reasoning: Doing Law beyond the State 14. Mysteries of extraterritoriality: RJR Nabisco, Inc. v European Community Hannah Buxbaum and Jean d’Aspremont 15. Beyond the State: How far can Rights Reach?: Kiobel v. Royal Dutch Petroleum Co Patrick Kinsch, Chris Thomale and Fabien Marchadier 16. Interpretation at cross-purposes: Dallah v. Pakistan Hayk Kupelyants and Sylvain Bollée 17. Economic transplants : Lafonta v. Autorité des marchés financiers Katja Langenbucher and Toni Marzal 18. Mestizo International Law: Petrobras saga Filipe Antunes Madeira da Silva, Fabio Costa Morosini and Michelle Sanchez Badin 19. Legal challenges of data dominance: Yahoo! v. LICRA and Microssoft - Ireland Cases Paul Schiff Berman and Jennifer Daskal Part V Global market: Unfamiliar foci of concern 20. Global contract governance: Selden v. Airbnb David Restrepo-Amariles and Gregory Lewkowicz 21. Free movement of corporations: Centros Ltd. v. Erhvervs-og Selskabsstyrelsen Jeremy Heymann and Régis Bismuth 22. Financial markets: Banco Santander v Transport Companies Catalina Avasilencei and Gilles Cuniberti 23. Global labour market: Laval Uglješa Grušić and Etienne Pataut Part VI Personhood: Changing identities 24. Surrogacy issues: Mennesson v. France Kellen Trilha and Dagmar Coester-Waltjen 25. Blind spots (persons and family): Blood Elsa Supiot and Michael Wells-Greco 26. Cultural identities: Wagner v. Luxembourg Hans Van Loon and David Sindres 27. Privatisation of international migration flows: Manus Island class action Sabine Corneloup and Jinske Verhellen Index

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Book SynopsisCommentators and courts disagree on such fundamental issues as the definition of forum shopping and whether it is an 'unsung virtue' or an untrammelled vice. Disagreements persist on how to deal with 'virtuous' forum shopping or how best to proscribe "evil" forum shopping, if such a distinction can at all be made. This research review illuminates, explores and contest these questions. The text identifies articles that analyse the definitions and purpose of forum shopping, the right and duty to practise it and how it relates to private international law. Other topics covered include the link between forum shopping and uniform substantive law and jurisdictional issues and arbitration. This research review provides a comprehensive overview of the topic and will prove useful to academics, students and practitioners alike.Trade Review‘These amazing three volumes - containing everything you always wanted to know about forum shopping but were afraid to ask - are a masterwork on one of the most controversial and ubiquitous issues of International Law. The selection and classification of the articles included in this Research Collection could hardly be better and go certainly beyond the scope suggested by the title. Indeed, readers will find much more than International Commercial Law therein.’Table of ContentsVolume I Contents: Acknowledgements Introduction Franco Ferrari and Aaron D. Simowitz PART I FORUM SHOPPING: WHAT IS IT? [274 pp] 1. Friedrich K. Juenger (1989), ‘Forum Shopping, Domestic and International’, Tulane Law Review 63, 553–74 [22] 2. Kevin M. Clermont and Theodore Eisenberg (1995), ‘Exorcising the Evil of Forum-Shopping’, Cornell Law Review, 80, 1507–35 [29] 3. Ralph U. Whitten (2002), ‘U.S. Conflict-of-Laws Doctrine and Forum Shopping, International and Domestic (Revisited)’, Texas International Law Journal, 37, 559–89 [31] 4. Alan O. Sykes (2008), ‘Transnational Forum Shopping as a Trade and Investment Issue’, Journal of Legal Studies, 37 (2), June, 339–78 [40] 5. Richard Maloy (2005), ‘Forum Shopping: What’s Wrong With That?’, Quinnipiac Law Review, 24 (1), 25–62 [38] 6. Markus Petsche (2011), ‘What's Wrong with Forum Shopping? An Attempt to Identify and Assess the Real Issues of a Controversial Practice’, International Lawyer, 45 (4), Winter, 1005–28 [24] 7. Franco Ferrari (2013), ‘Forum Shopping: A Plea for a Broad and Value-Neutral Definition’, 1–33 [33] 8. Pamela K. Bookman (2016), ‘The Unsung Virtues of Global Forum Shopping’, Notre Dame Law Review, 92 (2), 579–635 [57] PART II FORUM SHOPPING: WHEN AND HOW? [177 pp] 9. Mary Garvey Algero (1999), ‘In Defense of Forum Shopping: A Realistic Look at Selecting a Venue’, Nebraska Law Review, 78 (1), 79–112 [34] 10. Debra Lyn Bassett (2006), ‘The Forum Game’, North Carolina Law Review, 84 (2), 333–95 [64] 11. Emil Petrossian (2007), ‘II. In Pursuit of the Perfect Forum: Transnational Forum Shopping in the United States and England’, Loyola of Los Angeles Law Review, 40, 1257–335 [79] PART III THE RIGHT AND DUTY TO FORUM SHOP [72 pp] 12. Ronald A. Brand (1998), ‘Professional Responsibility in a Transnational Transactions Practice’, Journal of Law and Commerce, 17, 301–42 [42] 13. Aaron D. Simowitz (2013), ‘A U. S. Perspective on Forum Shopping, Ethical Obligations, and International Commercial Arbitration’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers, 23–52 [30] PART IV FORUM SHOPPING AND PRIVATE INTERNATIONAL LAW [188 pp] 14. Russell J. Weintraub (2009), ‘Rome II: Will it Prevent Forum Shopping And Take Account of the Consequences of Choice of Law?’, in John Ahern and William Binchy (eds), The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: A New International Litigation Regime, Leiden, the Netherlands: Martinus Nijhoff Publishers, 47–55 [9] 15. Csongor István Nagy (2010), ‘The Rome II Regulation and Traffic Accidents: Uniform Conflict Rules with Some Room for Forum Shopping – How so?’, Journal of Private International Law, 6 (1), 93–108 [16] 16. Patrick J. Borchers (2010), ‘Punitive Damages, Forum Shopping, and the Conflict of Laws’, Louisiana Law Review, 70 (2), Winter, 529–55 [27] 17. Christopher A. Whytock (2011), ‘The Evolving Forum Shopping System’, Cornell Law Review, 96 (3), March, 481–534 [54] 18. Mathias Forteau (2002), ‘The Diversity of Applicable Law before International Tribunals as a Source of Forum Shopping and Fragmentation of International Law: An Assessment’ in Rüdiger Wolfrum and Ina Gätzschmann (eds), International Dispute Settlement: Room for Innovations?, Heidelberg, Germany: Springer, 417–41 [25] 19. David L. Noll (2014), ‘The New Conflicts Law’, Stanford Journal of Complex Litigation, 2 (1), 40–96 [57] Volume II Acknowledgements Introduction An introduction to all three volumes by the editors appears in Volume I PART I FORUM SHOPPING AND UNIFORM SUBSTANTIVE LAW [170 pp] 1. District Court Rimini (Al Palazzo S.r.l. v. Bernardaud di Limoges S.A.), 26 November 2002, 1–3 [3] 2. Franco Ferrari (2002), ‘Forum Shopping Despite International Uniform Contract Law Conventions’, International and Comparative Law Quarterly, 51 (3), July, 689–707 [19] 3. Franco Ferrari (2004), ‘Divergences in the Application of the CISG’s Rules on Non-conformity of Goods’, Rabel Journal of Comparative and International Private Law, 68 (3), 473–94 [22] 4. Franco Ferrari (2009), ‘Homeward Trend: What, Why and Why Not’, Internationales Handelsrecht, 9 (1), 8–24 [17] 5. Franco Ferrari (2008), ‘Choice of Forum and CISG: Remarks on the Latter’s Impact on the Former’, in Harry Flechtner, Ronald Brand and Mark Walter (eds), Drafting Contracts Under the CISG, Part III, Chapter 5, Oxford, UK: Oxford University Press, 103–48 [46] 6. Franco Ferrari (2012), ‘PIL and CISG: Friends of Foes?’, Journal of Law & Commerce, 31, 45–107 [63] PART II FORUM SHOPPING AND JURISDICTIONAL ISSUES: U.S. [263 pp] 7. Linda J. Silberman (2012), ‘Goodyear and Nicastro: Observations from a Transnational and Comparative Perspective’, South Carolina Law Review, 63, 591–615 [25] 8. Donald Earl Childress III (2012), ‘Forum Conveniens: The Search for a Convenient Forum in Transnational Cases’, Virginia Journal of International Law, 53 (1), 157–79 [23] 9. Ronald A. Brand (2013), ‘Challenges to Forum Non Conveniens’, New York University Journal of International Law and Politics, 45, 1003–35 [33] 10. Donald Earl Childress III (2013), ‘General Jurisdiction and the Transnational Law Market’, Vanderbilt Law Review en Banc, 66, 67–80 [14] 11. Linda J. Silberman (2017), ‘The End of Another Era: Reflections on Daimler and Its Implications for Judicial Jurisdiction in the United States’, Lewis and Clark Law Review, 19 (3), 675–92 [18] 12. Robin Effron (2015), ‘Atlantic Marine and the Future of Forum Non Conveniens’, Hastings Law Journal, 66, 693–718 [26] 13. Linda J. Silberman and Aaron D. Simowitz (2016), ‘Recognition and Enforcement of Foreign Judgments and Awards: What Hath Daimler Wrought?’, New York University Law Review, 91, May, 344–95 [52] 14. Maggie Gardner (2017), ‘Retiring Forum Non Conveniens’, New York University Law Review, 92 (2), 390–461 [72] PART III FORUM SHOPPING AND JURISDICTIONAL ISSUES: EUROPE [109 pp] 15. King Fung Tsang (2010), ‘Forum Shopping in European Insurance Litigation: A Comparison between Jurisdictional Rules in the European Union and the United States’, Loyola of Los Angeles International and Comparative Law Review, 32, 239–71 [33] 16. European Parliament and Council Reg. 1215/2012 (The Brussels I Regulation Recast), 1–32 [32] 17. Pietro Franzina (2013), ‘The Recast of the Brussels I Regulation: Old and New Features of the European Regime on Jurisdiction and the Recognition of Judgments’, Blog of International Judicial Assistance, 1–9 [9] 18. Turner v Grovit (Case C-159/02 2004 ECR I-3565), Publications Office of European Union, 1–15 [15] 19. Owusu vs. Jackson (Case C-281/02 2005 QB 801), Publications Office of European Union, 1–20 [20] PART IV FORUM SHOPPING AND ARBITRATION [192 pp] 20. Filip De Ly (2013), ‘Forum Shopping and the Determination of the Place of Arbitration’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers, 53–68 [16] 21. Loukas Mistelis (2013), ‘Setting Aside of Arbitral Awards and Forum Shopping in International Arbitration: Delocalization, Party Autonomy and National Courts in Post-Award Review’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers, 277–95 [18] 22. Linda Silberman and Maxi Scherer (2013), ‘Forum-Shopping and Post-Award Judgements’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers, 313–45 [33] 23. S.I. Strong (2013), ‘Discovery Under 28 U.S.C. § 1782: Distinguishing International Commercial Arbitration and International Investment Arbitration’, Stanford Journal of Complex Litigation, 1 (2), 295–372 [78] 24. Margaret Moses (2014), ‘Arbitration/Litigation Interface: The European Debate’, Northwestern Journal of International Law and Business, 35 (1), Fall, 1–47 [47] Index Volume III Introduction An introduction to all three volumes by the editors appears in Volume I PART I FORUM SHOPPING AND DEFAMATION [122 pp] 1. Sarah Staveley-O’Carroll (2009), ‘Libel Tourism Laws: Spoiling the Holiday and Saving the First Amendment?’, New York University Journal of Law and Liberty, 4, 252–92 [41] 2. Trevor C. Hartley (2010), ‘”Libel Tourism” and Conflict of Laws’, International and Comparative Law Quarterly, 59 (1), 25–38 [14] 3. Lili Levi (2012), ‘The Problem of Trans-National Libel’, American Journal of Comparative Law, 60, 507–53 [47] 4. Peter Arnt Nielsen (2013), ‘Libel Tourism: English and EU Private International Law’, Journal of Private International Law, 9 (2), 269–88 [20] PART II FORUM SHOPPING AND IP LAW [89 pp] 5. Chester S. Chuang (2012), ‘Offensive Venue: The Curious Use of Declaratory Judgment to Forum Shop in Patent Litigation’, George Washington Law Review, 80, 1065–114 [50] 6. Robert D. Swanson (2013), ‘Implementing the E.U. Unified Patent Court: Lessons from the Federal Circuit’, Brigham Young University International Law & Management Review, 9 (2), 169–99 [31] 7. Peter Pinckney v KDG Mediatech AG., Case C-170/12 2013, 1–8 [8] PART III FORUM SHOPPING AND COMPETITION LAW [69 pp] 8. Ronald A. Cass (2010), ‘Competition in Antitrust Regulation: Law Beyond Limits’, Journal of Competition Law and Economics, 6, 119–52 [34] 9. Hugh Mercer QC (2013), ‘Applicable Law in Cross-Border EU Competition Law Actions - Forum Shopping, Mandatory Rules and Public Policy’, in Mihail Danov, Florian Becker, Paul Beaumont (eds), Cross-Border EU Competition Law Actions, Chapter 22, London, UK: Hart Publishing, 329–36 [8] 10. Alison Jones (2016), ‘Private Enforcement of EU Competition Law: A Comparison with, and Lessons from, the US’, in Maria Bergström, Marios Iacovides and Magnus Strand (eds), Harmonising EU Competition Litigation: The New Directive and Beyond, Part I, Chapter 2, Oxford, UK and Portland, OR, USA: Hart Publishing, 15–41 [27] PART IV FORUM SHOPPING IN INSOLVENCY PROCEEDINGS [234 pp] 11. Todd J. Zywicki (2006), ‘Is Forum-Shopping Corrupting America's Bankruptcy Courts?’, Georgetown Law Journal, 94 (4), 1141–95 [55] 12. John A. E. Pottow (2007), ‘The Myth (and Realities) of Forum Shopping in Transnational Insolvency’, Brooklyn Journal of International Law, 32 (2), 785–817 [33] 13. Wolf Georg Ringe (2008), ‘Forum Shopping under the EU Insolvency Regulation’, European Business Organization Law Review, 9 (4), 579–620 [42] 14. Gerard McCormack (2009), ‘Jurisdictional Competition and Forum Shopping in Insolvency Proceedings’, Cambridge Law Journal, 68 (1), 169–97 [29] 15. Marek Szydło (2010), ‘Prevention of Forum Shopping in European Insolvency Law’, European Business Organization Law Review, 11 (2), 253–72 [20] 16. Jennifer Payne (2013), ‘Cross-border Schemes of Arrangement and Forum Shopping’, European Business Organization Law Review, 14 (4), 563–89 [27] 17. Gerard McCormack (2014), ‘Bankruptcy Forum Shopping: the UK and US as Venues of Choice for Foreign Companies’, International and Comparative Law Quarterly, 63 (4), 815–42 [28] PART V FORUM AND TREATY SHOPPING [84 pp] 18. Roos van Os and Roeline Knottnerus (2011), ‘Dutch Bilateral Investment Treaties: A Gateway to “Treaty Shopping” for Investment Protection by Multinational Companies’, Working Paper, October, Amsterdam, the Netherlands: SOMO, 1–49 [49] 19. William Lawton Kirtley (2009), ‘The Transfer of Treaty Claims and Treaty-Shopping in Investor-State Disputes’, Journal of World Investment and Trade, 10 (3), 427–61 [35] Index

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Book SynopsisThis comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Disputes on family matters form part of everyday litigation in the EU, with around 140,000 international divorces per year; this Commentary offers a clear legal understanding of the Regulation that governs this increasingly significant area of family law. Written by a team of renowned experts on private international law in relation to family matters, chapters contextualize and examine the provisions of the Regulation, with clear insight into the rationale behind the text. The contributors engage critically with each article, analysing Rome III's overall effectiveness and offering a balanced critique from a variety of European perspectives. Private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference. It will be of particular interest to those working in family law, including judges, lawyers, public notaries and family mediators, as well as graduate students looking for in-depth knowledge of the subject. Contributors include: A. Boiché, L. Carpaneto, C. Chalas, S. Corneloup, S. Dominelli, P. Franzina, C. González Beilfuss, S.L. Gössl, P. Hammje, B. Heiderhoff, F. Jault-Seseke, N. Joubert, T. Kruger, C. Rupp, J. VerhellenTrade Review'This book makes a significant contribution to the literature on an important, complex and sensitive topic. It is comprehensive, meticulous and well written. It explains how the Rome III Regulation will, or should, operate in practice but, most importantly, it thoughtfully addresses the many questions that the Regulation leaves unanswered.' --Symeon Symeonides, Willamette University, US'As about 13% of divorces in Europe have links with more than one country, the Rome III Regulation covers a significant need in EU law. However, lawyers and judges, particularly, must still spend their time solving problems such as how to avoid forum shopping, and clarifying the relationship with other instruments on related matters such as maintenance obligations. This Commentary, coordinated by Sabine Corneloup with the participation of outstanding specialists, provides an essential tool to help in this difficult task.' --Alegría Borrás, University of Barcelona, SpainTable of ContentsContents: Introduction 1 Sabine Corneloup CHAPTER I: SCOPE, RELATION WITH REGULATION (EC) No 2201/2003, DEFINITIONS AND UNIVERSAL APPLICATION Article 1 Scope 23 Susanne Lilian Gössl and Jinske Verhellen Article 2 Relation with Regulation (EC) No 2201/2003 37 Sabine Corneloup Article 3 Definitions 42 Petra Hammje Article 4 Universal application 60 Fabienne Jault-Seseke CHAPTER II: UNIFORM RULES ON THE LAW APPLICABLE TO DIVORCE AND LEGAL SEPARATION Article 5 Choice of applicable law by the parties 65 Cristina González Beilfuss Article 6 Consent and material validity 79 Natalie Joubert Article 7 Formal validity 87 Alexandre Boiché Article 8 Applicable law in the absence of a choice by the parties 92 Pietro Franzina Article 9 Conversion of legal separation into divorce 113 Laura Carpaneto Article 10 Application of the law of the forum 125 Bettina Heiderhoff Article 11 Exclusion of renvoi 139 Stefano Dominelli Article 12 Public policy 150 Bettina Heiderhoff Article 13 Differences in national law 163 Christelle Chalas Article 14 States with two or more legal systems – territorial conflicts of laws 177 Caroline Sophie Rupp Article 15 States with two or more legal systems – inter-personal conflicts of laws 191 Caroline Sophie Rupp Article 16 Non-application of this Regulation to internal conflicts of laws 200 Caroline Sophie Rupp CHAPTER III: OTHER PROVISIONS Article 17 Information to be provided by participating Member States 206 Alexandre Boiché Article 18 Transitional provisions 210 Cristina González Beilfuss Article 19 Relationship with existing international conventions 214 Thalia Kruger Article 20 Review clause 223 Sabine Corneloup CHAPTER IV: FINAL PROVISIONS Article 21 Entry into force and date of application 225 Sabine Corneloup Index 227

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Book SynopsisThis comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH), an intergovernmental organisation dedicated to developing multilateral legal instruments pertaining to personal, family and commercial legal situations that cross national borders. The Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law. Written by international experts who have all directly or indirectly contributed to the work of the HCCH, chapters analyse its structure and working methods, as well as explore its significant achievements in the areas of international family law, civil procedure, legal cooperation, commercial and finance law. The contributors also discuss the many challenges both the HCCH and other global organisations are facing, including the advent of regionalism and renewed nationalism.Scholars and students of private international law, as well as private legal practitioners and members of the judiciary, will find this book to be crucial reading. Those working at other international organisations such as NGOs, banks and businesses will also find its insights into the workings of a successful international organisation beneficial.Trade Review'In this book there are 35 contributions from foremost experts around the world. They deal with the history of the HCCH, its role in an increasingly globalised world, and its role in the future. Especially valuable is the critical analysis of the existing HCCH instruments. [...] All scholars in this field will need to take notice of this comprehensive work, and practitioners in ever-increasing international litigation will find much that is of great practical importance.' -- extracted from the Foreword by Lord Collins of Mapesbury, LLD, FBA, former Justice, UK Supreme Court'This Companion is a reflection of and tribute to the work of the Hague Conference on Private International Law over its 125 year history. The thirty-five chapters in the book consist of contributions by leading private international law experts - academics, practitioners, and judges - from across the globe. These chapters trace the development of the organization from its inception, review the various instruments produced by the HCCH, and discuss more generally substantive developments in private international law from a comparative perspective. The range of the Companion - like that of the Hague Conference itself - is comprehensive and covers issues of commercial law, family law, civil procedure, and judicial cooperation. Together the chapters underscore important themes that have been crucial to the HCCH: access to justice, the role of soft law, multilateralism, and the relationship between public and private international law. There is no work like it that I know of, and anyone who works in this field needs to have a copy and to read it cover to cover.' -- Linda J. Silberman, New York University, School of Law, US'Edward Elgar's latest contribution to the field of private international law appropriately focuses on the sole intergovernmental organization dealing exclusively with issues in this area. Since 1955, the Hague Conference on Private International Law has developed into a truly global organization, with 45% of its membership joining since the turn of the century. Nevertheless, there remains scope for improvement of participation by countries in Africa and the Middle East. The contributions deal with the full range of Hague instruments; nonetheless, certain concepts surface continuously, including access to justice, cross-border legal cooperation, international human rights law, party autonomy and technological developments. Editors John, Gulati and Kohler should be congratulated on their initiative and the resultant substantial and valuable contribution to the available literature on the Hague Conference.' -- Jan L. Neels, University of Johannesburg, South Africa'The Hague Conference is the symbol of efforts to coordinate divergent legal orders in the interest of individuals, families and undertakings. Various such efforts have been successful, producing instruments of worldwide effectiveness, others have failed; all of them contributed to a common ground for legal scholarship in private international law. The rich experience of more than a century is collected in this valuable book. Its 35 chapters address general institutional aspects of the Hague Conference, its increasing effects in continents outside Europe and a great number of specific issues covering the whole range of international commercial transactions, family relations and procedural cooperation. The editors and authors, well-known experts in their respective fields, have successfully compiled a volume that will be an indispensable guide to its subject for many years.' -- Jurgen Basedow, Max Planck Institute for Comparative and International Private Law, GermanyTable of ContentsContents: Foreword I xxi Christophe Bernasconi Foreword II xxiv Lord Collins Editors’ introduction to the Elgar companion to the HCCH xxv PART I HCCH: INSTITUTIONAL PERSPECTIVES SECTION 1 – HCCH AS AN INTERNATIONAL INSTITUTION 1 The Netherlands Standing Government Committee on Private International Law 3 Paul Vlas 2 The HCCH and functional immunity: on origins, scope, and access to court 11 Guido den Dekker 3 The three sisters of private international law: an increasingly co-operative family rather than sibling rivals 23 William Brydie-Watson SECTION 2 – HCCH AS AN ORGANISATION WITH GLOBAL REACH 4 The HCCH’s development in Latin America and the Caribbean 42 Nuria Gonzalez-Martin 5 The HCCH’s development in Africa 52 Richard Frimpong Oppong and Pontian N. Okoli 6 The HCCH’s development in the Asia-Pacific region 61 Yuko Nishitani SECTION 3 – HCCH AS A DRIVER OF PRIVATE INTERNATIONAL LAW 7 The work of the HCCH and the path of the law: the politics of difference in unified private international law 79 Horatia Muir Watt 8 The role of the HCCH in shaping private international law 112 Jan von Hein 9 Regulatory competition and the 2015 Choice of Law Principles 128 Giesela Rühl 10 The HCCH and legal co-operation – shaping the fourth dimension of private international law 150 Lukas Rass-Masson 11 The effect of ‘ordre public’ and mandatory forum law on the work of the HCCH: reflections from the Australian common law 160 Christopher Ward and Philip Santucci PART II HCCH: CURRENT INSTRUMENTS SECTION 1 – HCCH FAMILY LAW INSTRUMENTS 12 The HCCH and its Conventions relating to marriages 173 Patrick Wautelet 13 The 1980 Child Abduction Convention – the status quo and future challenges 183 Diana Bryant 14 The 1993 Intercountry Adoption Convention: from ‘gift child’ to safer adoptions 198 Sai Ramani Garimella and Shivika Choudhary 15 International family law and child protection in Latin America: achievements and shortcomings, challenges posed by the 1996 Child Protection Convention 214 Nieve Rubaja 16 The 2000 Adult Protection Convention – sleeping beauty or too complex to implement? 226 Richard Frimston 17 The HCCH and maintenance obligations 236 Nadia de Araujo 18 Mediation in international children’s cases 249 Melissa Kucinski 19 Child protection in private international law – a HCCH success story? 259 Yuko Nishitani SECTION 2 – HCCH CIVIL PROCEDURE, CROSS-BORDER LITIGATION AND LEGAL CO-OPERATION INSTRUMENTS 20 The 1961 Apostille Convention – authenticating documents for international use 277 Peter Zablud 21 The 1965 Service and 1970 Evidence Conventions as crucial bridges between legal traditions? 288 Vincent Richard and Burkhard Hess 22 The 2005 Choice of Court Convention – the triumph of party autonomy 298 Ronald A. Brand 23 The Judgments Project: fulfilling Asser’s dream of free-flowing judgments 309 Richard Garnett SECTION 3 – HCCH COMMERCIAL AND FINANCE INSTRUMENT 24 Bridging the common law–civil law divide? The 1985 Trusts Convention 323 Adeline Chong 25 The 2006 Securities Convention: background, purpose and future 336 Guy Morton 26 Advocating party autonomy in private international law – the 2015 Choice of Law Principles 349 José Antonio Moreno Rodríguez PART III HCCH: CURRENT AND POSSIBLE FUTURE PRIORITIES SECTION 1 – CURRENT PRIORITIES OF THE HCCH 27 Parentage and international surrogacy – common solutions for a contentious issue? 361 María Mercedes Albornoz 28 Global governance and co-operation on tourist-consumer matters: arguments in favour of a legal instrument to protect international tourists at the HCCH 373 Claudia Lima Marques and Tatiana Cardoso Squeff 29 Forum non conveniens: a comparative perspective 390 Philippa Webb SECTION 2 – POSSIBLE FUTURE PRIORITIES OF THE HCCH? 30 Is private international law tech-proof? Conflict of laws and FinTech: selected issues 406 Francisco J. Garcimartín Alférez and Sara Sánchez Fernández 31 Private international law and international commercial arbitration – a role for the HCCH? 416 Alexander Grebelsky 32 The digitisation of legal co-operation – reshaping the fourth dimension of private international law 428 Florian Heindler 33 Complex contractual relationships – is there a need for special private international law rules on contractual chains and networks? 439 Poomintr Sooksripaisarnkit and Ifeoma Obi 34 The (uneasy) relationship between the HCCH and information technology 449 Dan Jerker B. Svantesson 35 Of giggers and digital nomads – what role for the HCCH in developing a regulatory regime for highly mobile international employees 464 Geert van Calster Glossary to the Elgar companion to the HCCH 479 Index 485

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Book SynopsisRenmin Chinese Law Review, Volume 6 is the sixth 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.This book examines the study of Chinese law and the reality of legality and Chinese society. It provides chapters focusing on studies of recent developments in the areas of tax and financial governance, judicial reform, and commercial law. It also explores counterterrorism models in China as well as the logic, policy, and interpretation of 'the division of three rights'.This astute and contemporary work will be invaluable to scholars of Chinese law, society, and politics, and members of diplomatic communities as well as legal and governmental professionals interested in China.Contributors include: Y. Biao, Z. Changjun, S. Chen, Z. Daqi, L. Jun, H. Ming, X. Ruiyang, L. Tao, L. Xiang, W. Xin, W. Yilong, G. Yongliang, L. Zehua, J. ZihanTable of ContentsContents: 1. The Legal Logic, Policy Interpretation and Alternate System of “The Division of Three Rights” Wu Yilong 2. The Improvement of Reporting Standards Enforcement Mechanisms on Operator Mergers Xu Ruiyang 3. The Theoretical Basis and Localization of Advance Tax Rulings Zhu Daqi and Jiang Zihan 4. A New Review of the Economic System Clauses in the Chinese Constitution Li Xiang 5. Path Transformation in the Construction of Virtual Property Rules: From the Perspective of Research Paradigm Shen Chen 6. The Market Effects and Strategy Review of Advertising Governance-Data Analysis of the Chinese Pharmaceutical Industry Yang Biao 7. Priority Rules of Chattel Mortgages in China Long Jun 8. Judge Accountability and Reform of the Judicial Accountability System in China Zhou Changjun 9. Trial-centeredness, substantiation of court hearing and reform of the criminal justice system: an empirical research on court records and judgments in the People's Republic of China Hu Ming and Wang Xin 10. Proof Analysis and Rules Creation on DNA Expert Opinions Lyu Zehua 11. The Transition of Counter-Terrorism Model in China: From Elite Model to Participative Model Gao Yongliang 12. Legal Dogmatics in Systems Theory Liu Tao Index

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Book SynopsisRenmin Chinese Law Review, Volume 7 is the seventh 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. Volume 7 delivers new insights into a wide range of topics including compulsory commercial insurance systems, injurious acts in competitive sports, the trust mechanism in private law, and justification on local rule of law. Distinguished contributors also consider the regulation of performance requirements, the mode of criminal proof, and the meaning of silence in civil and commercial interactions as well as a number of other pertinent developments in Chinese law. Containing a diverse and contemporary collection of work, this study will appeal to academics and governmental professionals working in the fields of Chinese law, society, and politics in addition to members of diplomatic communities. Contributors include: G. Chen, M. Gu, L. Han, Y. Jin, Q. Liu, W. Luo, F. Ni, Y. Qian, Y. Shi, G. Sun, R. Sun, L. Wang, H. XuTable of ContentsContents: 1. The Trust Mechanism in Private Law: Fiduciary Duty and Good Faith as Examples Xu Huageng 2. On the Justification of Local Rule of Law: Based on the Jurisprudential Interpretation of Governing Autonomy Ni Fei 3. On the Concretization of Proportionality in the Narrower Sense Liu Quan 4. Interpretation of Constitutionality on Compulsory Commercial Insurance Systems Wang Liwan 5. Research on the Subordinate and Independent Character of the Judgment on Unlawfulness of Administrative Offences Sun Guoxiang 6. Justification and Boundary of Injurious Acts in Competitive Sports Qian Yeliu 7. Corroboration and Inference to the Best Explanation – Diversification of the Mode of Criminal Proof Luo Weipeng 8. On the ‘Time’ Presumption Rule of Joint Debt of Husband and Wife: Analysis of Article 24 of the ‘Marriage Law Interpretation II’ Sun Ruojun 9. On the Relationships between Ownership, Acquisitive Prescription and the Statute of Limitations under Chinese Law Jin Yin 10. The Meaning of Silence in Civil and Commercial Interactions – Multi-Level Balance of Private Autonomy Shi Yifeng 11. Research on the Civil Liability of Operators in Regard to Pedestrians Illegally Entering the Expressway Chen Guanghua and Gu Minkang 12. Regulation of Performance Requirements in the Context of International Trade and Investment Rules Han Liyu Index

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Book SynopsisThe public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.Trade Review‘There is nothing more national in private international law than the public policy exception and its application. This book contains a recent account of how far legal systems are prepared to apply foreign law and to disregard their domestic private law values. A valuable tool for academics and practitioners forged by excellent authors.’ -- Anatol Dutta, Ludwig Maximilians University of Munich, Germany'The public policy exception, long the undertheorized underbelly of private international law, has been rehabilitated in theory, but little was still known, comparatively, about its practical application. No longer so. This book fills that gap admirably and facilitates a more comprehensive understanding of our discipline in theory and practice.' -- Ralf Michaels, Max Planck Institute for Comparative and International Private Law, GermanyTable of ContentsContents: Preface 1 A Flexible System in Flux: On the Realignment of Public Policy 1 Olaf Meyer 2 Public Policy in European Private International Law 25 Wolfgang Wurmnest 3 Austria 48 Bea Verschraegen and Florian Heindler 4 Bosnia and Herzegovina 83 Zlatan Meškić and Anita Duraković 5 China 100 Fang Yu and Qiao Liu 6 England 120 Louise Merrett 7 France 162 Cécile Pellegrini 8 Germany 191 Peter Mankowski and Svenja Langenhagen 9 Hungary 224 Réka Somssich 10 Italy 242 Pietro Franzina 11 Poland 270 Maciej De Abgaro Zachariasiewicz 12 Portugal 300 Luís de Lima Pinheiro 13 Russia 319 Madina Kassenova 14 Spain 353 Nicolás Zambrana-T.var and Alberto Muńoz Fernéndez 15 Sweden 374 Ulf Maunsbach 16 Switzerland 390 Andreas Furrer and Dirk Trüten 17 Turkey 420 Candan Yasan-Tepetaş 18 United States 438 John F. Coyle Index

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Book SynopsisThis comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law. Offering a critical understanding of the legal regulation of institutions in national legal systems, the book identifies distinct concepts of the law of obligations that emerge from them and explains their underlying motives. The author provides valuable insights into how differently basic legal institutions are regulated across national borders, as well as unveiling the roots of legal institutions of the utmost significance in international trade such as contracts, pre-contractual liability, liability for torts and restitution of unjust enrichment. This book will be a helpful resource for academics and practitioners involved in international litigation and arbitration proceedings concerning contracts, torts and other sources of obligations.Trade 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 SynopsisIs Private International Law (PIL) still fit to serve its function in today's global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration. This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL. Contributors include: V.R. Abou-Nigm, G.A. Bermann, A. Bonomi, R.A. Brand, D.P. Fernández Arroyo, F. Ferrari, H.A. Grigera Naón, B. Hess, M. Lehmann, M. Mantovani, R. Michaels, Y. Nishitani, F. Ragno, M. Reimann, K. Roosevelt III, L.J. Silberman, S.C. Symeonides, L.E. Teitz, H. van LoonTrade Review'Globalization has tremendously enhanced the number of cross-border transactions and, thereby, the significance of the conflict of laws. But is the localization method conceived in the 19th century for both jurisdiction and the applicable law still appropriate in the 21st? Can it serve purposes of global governance, give effect to universal values, allow for the implementation of national policies, provide legal certainty? The editors and authors, outstanding scholars in this area, provide thoughtful and interesting answers to these pressing questions.' --Jürgen Basedow, Member of the Institut de Droit InternationalTable of ContentsContents: Introduction 1 Franco Ferrari and Diego P. Fernández Arroyo PART I CERTAINTY VERSUS FLEXIBILITY 1. Certainty versus flexibility in the conflict of laws 6 Kermit Roosevelt III 2. Certainty versus flexibility in the EU choice of law system 27 Francesca Ragno PART II PARTY AUTONOMY 3. Foundation, limits and scope of party autonomy 71 Giuditta Cordero-Moss 4. The scope and limits of party autonomy in international contracts: a comparative analysis 101 Symeon C. Symeonides PART III UNIVERSAL VALUES 5. Private international law and the question of universal values 148 Ralf Michaels 6. Are there universal values in choice of law rules? Should there be any? 178 Mathias Reimann PART IV PRIVATE INTERNATIONAL LAW AND GLOBAL GOVERNANCE ISSUES 7. Unlocking private international law’s potential in global (migration) governance 196 Verónica Ruiz Abou-Nigm 8. The present and prospective contribution of global private international law unification to global legal ordering 214 Hans van Loon PART V THE NEW CHALLENGES OF EXTRATERRITORIALITY 9. Extraterritoriality in the public and private enforcement of U.S. regulatory law 236 Hannah L. Buxbaum 10. New challenges of extraterritoriality: superposing laws 258 Matthias Lehmann PART VI CURRENT DEVELOPMENTS IN FORUM ACCESS: JURISDICTION AND FORUM NON CONVENIENS 11. European perspectives on human rights litigation 293 Martina Mantovani and Burkhard Hess 12. Judicial jurisdiction and forum access: the search for predictable rules 332 Linda J. Silberman PART VII RECOGNITION AND ENFORCEMENT OF JUDGMENTS 13. New challenges in the recognition and enforcement of judgments 360 Ronald A. Brand 14. New challenges in the context of recognition and enforcement of judgments 390 Andrea Bonomi PART VIII FOREIGN LAW IN DOMESTIC COURTS 15. Foreign law in domestic courts: challenges and future developments 412 Yuko Nishitani 16. The challenge of accommodating foreign law in domestic courts 434 Louise Ellen Teitz PART IX PRIVATE INTERNATIONAL LAW IN INTERNATIONAL ARBITRATION 17. Private international law in international arbitration 464 George A. Bermann 18. Private international law and arbitration: arbitral determination of the law or rules of law governing the merits 484 Horacio A. Grigera Naón Index 497

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Book SynopsisGlobal Private International Law is a groundbreaking casebook, combining the expertise of over sixty international and interdisciplinary contributors who analyze key legal proceedings in order to provide a comprehensive study of the impact of globalisation on the law.Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.Key Features: the specific global scope allows the reader to gain a contextualised understanding of legal transformation each case has two commentaries from different viewpoints, ensuring a nuanced perspective on the implications of the global turn in private international law and its importance for adjudication an astute combination of theory and practice ensures readers gain an understanding of the relevance of innovative legal theories in interpreting concrete cases in a changing world comparative material and ground-breaking analysis make this book eminently suitable for use with students and a useful tool for researchers and courts confronted with novel topics or issues. Table of ContentsContents: Introduction Part I Jurisdiction: Judging without Frontiers? 1. Post-war yearning for deparochialisation and the siren of free trade: The Bremen v. Zapata Off-Shore Co. Jacco Bomhoff, Agatha Brandão de Oliveira and Lucia Bíziková 2. Judicial discretion (From Bhopal to Brexit): Owusu v. Jackson Christelle Chalas and Richard Fentiman 3. Parallel proceedings: Texaco/Chevron lawsuits (re Ecuador) Diego P. Fernández Arroyo qnd Laura Carballo Piñeiro 4. Free-wheeling judgments/awards: Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. George A. Bermann and Giuditta Cordero-Moss 5. By-passing sovereignty: Trafigura lawsuits (re Ivory Coast) Sara Dezalay and Simon Archer Part II The Rise of Informality: Emerging Non-legal Normativities 6. Indigenous norms and judicial anthropology Song Mao, Alex Mills, Hisashi Harata and Oona Le Meur 7. Non-state authority: FIFA Franck Latty 8. Informal Codes: Nike v Kasky Ralf Michaels and Ludovic Hennebel 9. Arbitration and religion: Jivraj v Hashwani François-Xavier Licari, Sandrine Brachotte and Nathalie Najjar Part III Changing Structures: New Foundations of the Private Global Economy 10. Emerging global giants: the legal infrastructure and structural causes of economic monopoly: Samsung Darren Rosenblum, Calixto Salomão Filho and Vitor Henrique Pinto Ido 11. Global supply chains: Doe v. Nestle Tomaso Ferrando and Samuel Fulli-Lemaire 12. Global market for sovereign debt: Argentina v. NML Capital, Ltd. Jerôme Sgard and Mark Weidemaier 13. Autotomizing financial markets: Lehman Brothers v. BNY Corporate Trustee Horatia Muir Watt Part IV Modes of Reasoning: Doing Law beyond the State 14. Mysteries of extraterritoriality: RJR Nabisco, Inc. v European Community Hannah Buxbaum and Jean d’Aspremont 15. Beyond the State: How far can Rights Reach?: Kiobel v. Royal Dutch Petroleum Co Patrick Kinsch, Chris Thomale and Fabien Marchadier 16. Interpretation at cross-purposes: Dallah v. Pakistan Hayk Kupelyants and Sylvain Bollée 17. Economic transplants : Lafonta v. Autorité des marchés financiers Katja Langenbucher and Toni Marzal 18. Mestizo International Law: Petrobras saga Filipe Antunes Madeira da Silva, Fabio Costa Morosini and Michelle Sanchez Badin 19. Legal challenges of data dominance: Yahoo! v. LICRA and Microssoft - Ireland Cases Paul Schiff Berman and Jennifer Daskal Part V Global market: Unfamiliar foci of concern 20. Global contract governance: Selden v. Airbnb David Restrepo-Amariles and Gregory Lewkowicz 21. Free movement of corporations: Centros Ltd. v. Erhvervs-og Selskabsstyrelsen Jeremy Heymann and Régis Bismuth 22. Financial markets: Banco Santander v Transport Companies Catalina Avasilencei and Gilles Cuniberti 23. Global labour market: Laval Uglješa Grušić and Etienne Pataut Part VI Personhood: Changing identities 24. Surrogacy issues: Mennesson v. France Kellen Trilha and Dagmar Coester-Waltjen 25. Blind spots (persons and family): Blood Elsa Supiot and Michael Wells-Greco 26. Cultural identities: Wagner v. Luxembourg Hans Van Loon and David Sindres 27. Privatisation of international migration flows: Manus Island class action Sabine Corneloup and Jinske Verhellen Index

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Book SynopsisOffering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters.This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration. Trade Review‘This collective endeavour is a welcome tool for practitioners and others who need, or simply wish, to uncover intricacies of the cross-border aspects of the civil procedure, access information about (primarily) the Court’s case-law and learn about identified (and some resolved) difficulties. Last but not least, this book constitutes, to my knowledge, the most up-to-date commentary on the Brussels I Bis Regulation edited in English.’ -- Magdalena Licková, EU Law Live‘This is undoubtedly the most complete and up-to-date commentary on the Brussels I bis Regulation, written by experts in the field, whose command is evident in the way in which the core rules of the law of European Civil Procedure are analysed. With solid theoretical foundations and an exhaustive analysis of the case law of the Court of Justice of the European Union and national courts, it clearly and effectively explains how the system works in its various dimensions (international jurisdiction, parallel proceedings, recognition and enforcement of decisions) and offers solutions to the practical problems that legal practitioners may encounter. A work of the highest quality and, above all, of the greatest utility.’ -- Fernando Gascón Inchausti, Universidad Complutense de Madrid, Spain‘This book is an absolutely essential source for anyone working with Brussels I bis and European procedural law, whether practitioner, judge, or academic. This multi-authored commentary makes use of a pan-European range of experts with diverse professional backgrounds and exposures to different legal cultures and traditions. The editor and authors, all with expertise in comparative procedural law and private international law, reflect a sensitivity to the need to situate each Article within the development of a European procedural law. The lengthy Introduction is particularly helpful as a reference tool for the evolution of Brussels I bis, even including Brexit. The book is an invaluable resource not only for Brussels regime novices but also for scholars of European procedural law due to the inclusion of case law of the CJEU/ECJ as well as a breadth of national law that enriches each chapter and deepens our understanding.’ -- Louise Ellen Teitz, Roger Williams University, US‘The go-to commentary for anyone – academics and practitioners alike – interested in the European law of transnational litigation regarding civil and commercial matters from a truly European perspective!’ -- Franco Ferrari, New York University School of Law, USTable of ContentsContents: Preface xxxiii Introduction 1 Burkhard Hess CHAPTER I SCOPE AND DEFINITIONS Article 1 20 Burkhard Hess Article 2 36 Marlene Brosch and Martina Mantovani Article 3 53 Martina Mantovani CHAPTER II JURISDICTION SECTION 1 GENERAL PROVISIONS Article 4 60 Cristina M. Mariottini Article 5 72 Cristina M. Mariottini Article 6 79 Cristina M. Mariottini SECTION 2 SPECIAL JURISDICTION Article 7 88 Marta Requejo Isidro, Edith Wagner and Matteo Gargantini Article 8 166 Philippos Siaplaouras Article 9 191 Marta Requejo Isidro SECTION 3 JURISDICTION IN MATTERS RELATING TO INSURANCE Article 10 196 Inga J.rvekülg Article 11 205 Inga J.rvekülg Article 12 211 Inga J.rvekülg Article 13 214 Inga J.rvekülg Article 14 223 Inga J.rvekülg Article 15 226 Marlene Brosch Article 16 234 Marlene Brosch SECTION 4 JURISDICTION OVER CONSUMER CONTRACTS Article 17 241 Stephanie Law Article 18 274 Stephanie Law Article 19 279 Stephanie Law SECTION 5 JURISDICTION OVER INDIVIDUAL CONTRACTS OF EMPLOYMENT Article 20 287 Crístian Oró Martínez Article 21 304 Crístian Oró Martínez Article 22 315 Crístian Oró Martínez Article 23 318 Crístian Oró Martínez SECTION 6 EXCLUSIVE JURISDICTION Article 24 324 Leon Marcel Kahl SECTION 7 PROROGATION OF JURISDICTION Article 25 344 Marlene Brosch and Leon Marcel Kahl Article 26 375 Felix Alexander Koechel SECTION 8 EXAMINATION AS TO JURISDICTION AND ADMISSIBILITY Article 27 417 Felix Alexander Koechel Article 28 432 Felix Alexander Koechel SECTION 9 LIS PENDENS – RELATED ACTIONS Article 29 466 Stephanie Law Article 30 484 Stephanie Law Article 31 490 Stephanie Law Article 32 500 Stephanie Law Article 33 506 Stephanie Law Article 34 513 Stephanie Law SECTION 10 PROVISIONAL, INCLUDING PROTECTIVE, MEASURES Article 35 520 Carlos Santaló Gorís CHAPTER III RECOGNITION AND ENFORCEMENT SECTION 1 RECOGNITION Article 36 548 Wiebke Voß Article 37 562 Wiebke Voß Article 38 569 Wiebke Voß SECTION 2 ENFORCEMENT Article 39 577 Giovanni Chiapponi Article 40 587 Giovanni Chiapponi Article 41 596 Giovanni Chiapponi Article 42 607 Giovanni Chiapponi Article 43 617 Giovanni Chiapponi Article 44 628 Giovanni Chiapponi SECTION 3 REFUSAL OF RECOGNITION AND ENFORCEMENT Subsection 1 Refusal of Recognition Article 45 638 Janek Tomasz Nowak and Vincent Richard Subsection 2 Refusal of Enforcement Article 46 680 Enrique Vallines García Article 47 686 Enrique Vallines García Article 48 695 Enrique Vallines García Article 49 699 Enrique Vallines García Article 50 704 Enrique Vallines García Article 51 708 Enrique Vallines García SECTION 4 COMMON PROVISIONS Article 52 719 Enrique Vallines García Article 53 724 Enrique Vallines García Article 54 735 Enrique Vallines García Article 55 744 Enrique Vallines García Article 56 756 Enrique Vallines García Article 57 758 Enrique Vallines García CHAPTER IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS Article 58 763 Marlene Brosch Article 59 769 Marlene Brosch Article 60 772 Marlene Brosch CHAPTER V GENERAL PROVISIONS Article 61 776 Marta Requejo Isidro Article 62 778 Marta Requejo Isidro Article 63 783 Marta Requejo Isidro Article 64 788 Marta Requejo Isidro Article 65 792 Philippos Siaplaouras CHAPTER VI TRANSITIONAL PROVISIONS Article 66 797 Burkhard Hess CHAPTER VII RELATIONSHIP WITH OTHER INSTRUMENTS Article 67 801 Cristina M. Mariottini Article 68 811 Cristina M. Mariottini Article 69 814 Cristina M. Mariottini Article 70 816 Cristina M. Mariottini Article 71 818 Cristina M. Mariottini Article 71a 828 Lena Hornkohl Article 71b 838 Lena Hornkohl Article 71c 846 Lena Hornkohl Article 71d 852 Lena Hornkohl Article 72 856 Cristina M. Mariottini Article 73 861 Cristina M. Mariottini CHAPTER VIII FINAL PROVISIONS Article 74 867 Marta Requejo Isidro Article 75 870 Marta Requejo Isidro Article 76 872 Marta Requejo Isidro Article 77 875 Marta Requejo Isidro Article 78 876 Marta Requejo Isidro Article 79 879 Marta Requejo Isidro Article 80 882 Marta Requejo Isidro Article 81 883 Marta Requejo Isidro Final 885 Marta Requejo Isidro Appendix 1: Annexes and Recitals 887 Index 898

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Book SynopsisThe Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application.With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements.Key Features: A focus on the interpretation and practical application of the Regulation Detailed analysis of the case law and jurisprudence Highlights both deficiencies and potential improvements Written by leading scholars in EU and Private International Law The Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law.Trade Review‘This work is a formidable review of the core jurisdictional rules for commercial litigation in the EU. Complemented with key national implementation (and acutely observed uncertainties), this volume offers both a clear overview for those new to the field, and much detail for those diving deeper. It is a remarkable achievement by its reputable authors.’ -- Geert van Calster, KU Leuven, Belgium‘The merit of this book lies in its systematic and accessible review of the extensive European case law and literature spanning more than 50 years. The presentation is comprehensive, in-depth and critically reflected. The authors are recognized experts in international civil procedure. They have created a standard work that is indispensable for academics and practitioners alike.’ -- Katharina Boele-Woelki, Bucerius Law School, GermanyTable of ContentsContents: Preface Foreword 1. SCOPE OF APPLICATION, DEFINITIONS AND THE GENERAL RULE 2. SPECIAL JURISDICTION – ARTICLES 7–9 3. RULES ON JURISDICTION IN WEAKER PARTY DISPUTES 4. EXCLUSIVE JURISDICTION – ARTICLE 24 5. PROROGATION OF JURISDICTION – ARTICLES 25 AND 26 6. COMMON PROVISIONS – ARTICLES 27–35 7. RECOGNITION AND ENFORCEMENT 8. RELATION WITH OTHER INSTRUMENTS AND FINAL PROVISIONS Index

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Book SynopsisThis insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars.This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice of the European Union on the application of the EU Charter of Fundamental Rights.Trade Review‘This book is a must-read for both academics and practitioners who engage with the application of fundamental rights in the interaction between the national and European level. Casarosa and Moraru have brought together a diverse group of esteemed authors, who provide new and inspiring insights into the application of the EU Charter of Fundamental Rights in the interplay between national courts and the CJEU. Offering both general and sector-specific views, the book contributes to a more profound understanding of the many ways in which European fundamental rights have influenced the adjudication of a variety of issues (including migration, consumer and non-discrimination cases) through the interaction of judges in Europe. It presents a colourful map of the current state of the field and starting points for the further development of fundamental rights protection in Europe.’ -- Chantal Mak, University of Amsterdam, the Netherlands‘The book edited by Casarosa and Moraru goes back to a larger research of the Centre of Judicial Cooperation at the EUI which brought together judges and academics in order to discuss and to investigate judicial interaction in the field of fundamental rights. The 26 contributions from all over the EU provide for a deep insight into the practical relevance of the Charter of Fundamental Rights over a broad array of legal fields. The particular background and the composition of the research group draws a lively picture on what is happening between European and national courts. The depth and breadth of the undertaking allows to much better understand the variety and the complexity of the interaction between European courts. It adds a new layer to the broad literature and is both tremendously helpful and deeply insightful for academics and practitioners.’ -- Hans-Wolfgang Micklitz, European University Institute, ItalyTable of ContentsContents: Foreword by Deirdre Curtin xii Acknowledgements xvi 1 Judicial interactions in action – a tool for a more powerful and influential EU Charter of Fundamental Rights 1 Federica Casarosa and Madalina Moraru PART I HORIZONTAL ISSUES 2 The application of the rights and principles of the Charter of Fundamental Rights 24 Nina Półtorak 3 Comment: the Charter and its triple challenge: unclear applicability, a foggy distinction between rights and principles and a lack of engagement at the national level 54 Gabriel Toggenburg 4 European values and national constitutions: bringing the EU Charter in from uncharted waters 60 Saša Zagorc and Marjan Kos 5 Comment: the standard of fundamental rights protection according to the EU Charter: what is the role of national standards (and courts)? 81 Nicole Lazzerini 6 The potential and the limits of the impact of the Charter on constitutional jurisprudence 89 Matej Accetto 7 Comment: can the Charter help to protect rights in the Member States? 108 Gábor Halmai 8 Judicial independence – the EU’s prescription in the making to the Polish (and other) maladies 113 Karolina Podstawa and Jarosław Gwizdak 9 Comment: Austro-Hungarian partnership? A brief comparison between an old democracy and a new democracy 137 Edith Zeller 10 Limitations to access to justice and Article 47 of the Charter: the right to be advised, defended and represented 147 Magdalena Ličková and Joan Solanes Mullor 11 Comment: the EU law on the right to access a lawyer revisited: proportionality and subsidiarity implications 166 Alexandros-Ioannis Kargopoulos 12 The Lisbon Charter and the Brexit void 173 Bernard McCloskey 13 Comment: Brexit and the diverse functions of the Charter of Fundamental Rights 198 Stephen Coutts PART II SECTOR SPECIFIC ISSUES 14 The Charter’s potential in fighting hate and discrimination: levelling up to international obligations through victim’s rights 206 Rita Gião Hanek and Lilla Farkas 15 Comment: under Article 21 EU Charter the CJEU has, for the time being, adopted a rather deferential model of judicial review 231 Raluca Bercea 16 Effectiveness and EU consumer law: the blurriness in judicial dialogue 236 Mateusz Grochowski and Maciej Taborowski 17 Comment: effectiveness in EU consumer law: towards new triads 258 Paola Iamiceli 18 Judicial interactions upholding the right to be heard of asylum seekers, returnees and immigrants: the symbiotic protection of the EU Charter and general principles of EU law 264 Madalina Moraru and Marc Clement 19 Comment: the right to be heard in international protection proceedings before an Italian judge 289 Martina Flamini PART III REMEDIES AND SANCTIONS 20 Ne bis in idem – a continuing judicial dialogue 296 Maria Bergström and Hans Sundberg 21 Comment: objective and subjective ne bis in idem– the AY case 319 Florentino-Gregorio Ruiz Yamuza 22 The impact of judicial interactions on the interplay between administrative and judicial enforcement 325 Federica Casarosa and Raffaele Sabato 23 Comment: checks and balances between the administration, the executive and the judiciary 347 Markus Thoma 24 The effective protection of collective interests: the interplay between jurisprudence and legislation 353 Federica Casarosa and Raffaella Calò 25 Comment: collective redress and antitrust law 373 Lavinia Vizzoni 26 The impact of CJEU judgments on national legal systems: preliminary thoughts on the link with judicial dialogue 379 Fabrizio Cafaggi Index

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Book SynopsisWith a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.Discussing the repercussions of abduction from the perspectives of both abducted children and the therapeutic and family justice professionals engaged in their cases, chapters consider the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal/judicial practice and various regional initiatives, it also considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention’s strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing how best to tackle the challenges in its future operation.Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of value to legal practitioners working in family law alongside NGOs and central authorities active in the field.Trade Review‘This Research Handbook provides a broad and timely overview of international child abduction law in both Convention and non-Convention countries, authored by an all-star cast of experts drawn from practice and academia. In addition to serving as a useful and important reference, this Handbook will help to shape the agenda for new work ahead.’ -- Ann Laquer Estin, University of Iowa, US‘This outstanding book is a timely collection of twenty-two chapters that represent the current thinking of global specialists on international child abduction and the 1980 Hague Convention. With personal insights and experiences with international child abduction, this commendable Research Handbook offers diverse perspectives in addressing the core question of how to respect and fulfil children’s rights to protection and participation in high conflict cross-border family matters. It is a must-read for all professionals interested in state-of-the-art insights into international child abductions and ways towards the future-proof operation of the 1980 Hague Convention.’ -- Mariëlle Bruning, Leiden University, the Netherlands‘Marilyn Freeman and Nicola Taylor make an invaluable contribution to the impact of international child abduction and the implementation and operationalization of the 1980 Hague Convention. They have gathered together the top experts in the field in an insightful, useful and comprehensive manner. The publication is thought provoking, practical, as well as academic, and an invaluable tool for the practitioner and experts.’ -- Zenobia Du Toit, Miller du Toit Cloete Inc, South Africa'I fully recommend this book, written by an impressive list of international experts in the theory and practice of every aspect of international child abduction. Professors Freeman and Taylor are pioneers in the field and this Research Handbook is an excellent instrument for the academic reader and the practitioner of law alike.' -- Karolina-Zoi Andriakopoulou, Family Lawyer, GreeceTable of ContentsContents: Foreword xvii Acknowledgements xix Spelling, reference or style conventions xx List of abbreviations xxi PART I INTRODUCTION AND KEY THEMES 1 Introduction and key themes 2 Nicola Taylor and Marilyn Freeman PART II THE IMPACTS OF INTERNATIONAL CHILD ABDUCTION 2 Long-term reflections of a former milk carton kid 19 Sarah Cecilie Finkelstein Waters 3 Ghosts in our genes: Psychological issues in child abduction and high conflict cases 30 Sarah Calvert PART III THE 1980 HAGUE CONVENTION – HISTORY AND LONGITUDINAL TRENDS 4 The global effort to deter parental kidnapping: A history of the Hague Child Abduction Convention 47 Linda Elrod 5 The value and challenges of statistical studies looking at the operation of the 1980 Hague Convention on the Civil Aspects of International Child Abduction 63 Nigel Lowe and Victoria Stephens PART IV THE 1980 HAGUE CONVENTION – IMPLEMENTATION AND OPERATIONALISATION 6 The role of the Permanent Bureau in the operation of the HCCH 1980 Child Abduction Convention 80 Gérardine Goh Escolar 7 Fleeing for safety: Helping battered mothers and their children using Article 13(1)(b) 97 Jeffrey Edleson, Sudha Shetty and Mary Fata 8 Child participation and the child objection exception 116 Rhona Schuz 9 Judicial activism: A 20-year evolution 132 Sir Mathew Thorpe PART V INTERNATIONAL CHILD ABDUCTION IN SELECTED GEOGRAPHICAL REGIONS 10 The European Court of Human Rights 150 Thalia Kruger and Sara Lembrechts 11 The Court of Justice of the European Union and international abduction of children 164 Costanza Honorati 12 International child abduction in Aotearoa New Zealand, Australia and the Pacific: Similarities and differences 180 Mark Henaghan, Christian Poland and Clement Kong 13 The 1980 Convention comes of age in the United States 192 Stephen Cullen and Kelly Powers 14 International child abduction in Asia 201 Yuko Nishitani 15 International child abduction in Africa 219 Julia Sloth-Nielsen 16 The Caribbean and international child abduction – this is my child: catch me if you can! 233 Diahann Gordon Harrison PART VI NON-HAGUE CONVENTION COUNTRIES 17 International child abduction and non-Hague Convention countries 245 Jeremy Morley 18 International child abduction in India 265 Anil Malhotra and Ranjit Malhotra PART VII KEY PERSPECTIVES ON INTERNATIONAL CHILD ABDUCTION AND HAGUE CONVENTION PROCEEDINGS 19 The CRC perspective in the context of international child abduction and the 1980 Hague Convention 280 Ann Skelton 20 The continuing challenge of the 1980 Hague Convention – a judicial perspective 299 The Honourable Mr Justice Alistair MacDonald 21 Legal perspective: Remedying international child abduction – the impact of international developments upon the English legal approach 314 Henry Setright KC and Michael Gration KC 22 International child abduction from the perspective of a Central Authority under the 1980 Hague Convention 332 Joëlle Schickel-Küng and Anna Claudia Alfieri 23 NGO/support services perspective: The importance of an independent specialist centre on international family conflicts 346 Suzanne Labadie 24 Cross-border family mediation in parental child abduction cases 368 Ischtar Khalaf-Newsome PART VIII REFLECTIONS AND FUTURE DIRECTIONS 25 Whither the 1980 Hague Abduction Convention? 388 Nigel Lowe KC (Hon) 26 Nurturing the 1980 Hague Abduction Convention 404 Marilyn Freeman and Nicola Taylor 430 Index

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Book SynopsisThis comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law’s purpose.Contributions by leading authors in the field critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law from a human security perspective. Organised around six core themes, the Research Handbook shows how human security can be used as an overarching framework to preserve peace, protect people and counter vulnerability through international law.Progressive and engaging, this Research Handbook will be a key resource for scholars and students of public international law, security, and international relations, who wish to further their knowledge of human security as the central purpose of international law.Trade Review‘The principles and values of human security are as relevant as they ever were to the challenges faced by the world, but the obstacles to human security remain formidable in an inhospitable political environment. This collection, bringing together scholars from across the globe, presents original and insightful perspectives on a range of themes related to human security, with an emphasis upon international law. It genuinely takes the human security debate forward, and it is an excellent resource for researchers, students and policy analysts.’ -- Edward Newman, University of Leeds, UK and Former UN official, United Nations UniversityTable of ContentsContents: Editor and contributors viii Introduction 1 Gerd Oberleitner PART I UNDERSTANDING HUMAN SECURITY IN INTERNATIONAL LAW: CONCEPT, PRACTICE, ACTORS 1 Human security and international law: why? how? 25 Shireen Daft 2 Security: national, international, human 40 Laura Neack 3 Human security and the United Nations 59 Alistair D. Edgar 4 Human security and non-state actors 75 Cedric Ryngaert PART II HUMAN SECURITY: PRESERVING PEACE AND PROTECTING PEOPLE 5 The Security Council: collective security and peacekeeping for human security 92 Hitoshi Nasu 6 Human security in armed conflict: norms, agendas and actors for protecting civilians 107 Miriam Bradley 7 Attaining human security by disarming 126 Denise Garcia 8 Managing transition and building peace from a human security perspective 145 Dahlia Simangan PART III PERSONAL SECURITY, HUMAN DIGNITY AND GLOBAL JUSTICE 9 Human rights and human security 162 Wolfgang Benedek 10 Transnational organised crime and terrorism as human security threats: international law’s response 180 Sven Peterke and Pierre Hauck 11 Freedom from fear and freedom from want: key components of human security for women 208 Rashida Manjoo 12 The impacts of the International Criminal Tribunals on human security and human rights 226 James Meernik PART IV HUMAN SECURITY: CONFRONTING RISK, VULNERABILITY AND EXISTENTIAL CRISIS 13 Climate change as a human security crisis? 243 Benoit Mayer 14 Complementarity between human security and legal frameworks for humanitarian action 259 Dug Cubie 15 Human (in)security in transnational migration, refugee situations and internal displacement 273 Susana Ferreira PART V SOCIO-ECONOMIC HUMAN SECURITY IN AGENDA 2030 16 Human security, the UN development system and the SDGs 290 Des Gasper and Oscar A. Gómez 17 Human security: countering structural inequality and fostering resilience under international law 306 Dorothy Estrada-Tanck 18 Food security and the right to food: pillars of humanity arising from food and agriculture law 321 Gabriela Steier, Matthew Kang and Sahana Ramdas 19 Global health law: WHO, COVID-19, and human security 341 Lisa Forman PART VI REGIONAL HUMAN SECURITY PERSPECTIVES 20 Human security in Europe: the European Union and beyond 359 Iavor Rangelov 21 Human security: a Latin American perspective 375 Elizabeth Abi-Mershed and Verónica Gómez 22 The African Union as a human security arrangement 388 Samuel M. Makinda and F. Wafula Okumu 23 The emerging human security norm in East Asia: toward an epistemic community 406 Yoichi Mine and Ako Muto Index

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Book SynopsisRenmin Chinese Law Review, Volume 8 is the eighth 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.This book offers a comprehensive and judicious discussion on the study of Chinese law, with chapters covering a wide range of topics including federalism in the Chinese legal system, labor contract law, and the Chinese civil code. With detailed and original selections from distinguished contributors, the book also provides insight into areas such as industrial policy, copyright infringement, and property law.This diverse and contemporary work will appeal to scholars of Chinese law, society, and politics as well as members of diplomatic communities and legal and governmental professionals interested in China.

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Book SynopsisBringing together scholars from a wide range of disciplines, this fascinating and timely Research Handbook provides diverse perspectives on the law and practice of adoption. It examines how adoption laws differ between countries and cultures, and the ongoing effects of adoption on the child, the birth parent(s), and the adoptive parent(s). This Research Handbook documents the history of adoption legislation and offers comparative perspectives on the implementation of full adoption in England and Wales, in contrast to the use of simple adoption in other European countries. Chapters examine the challenges facing adoption law; from adoption without parental consent and anonymous birth, to transracial and intercountry adoption, as well as discussing the human rights of the child during and after the adoption process. Providing an abundance of global research on all aspects of the topic of adoption, Nigel Lowe and Claire Fenton-Glynn offer a comprehensive guide to the past, present, and future of adoption law. The Research Handbook of Adoption Law will be an indispensable resource for students and researchers of family law and social work, as well as human rights lawyers, legal practitioners in the field of adoption, and social workers worldwide.Trade Review‘The Research Handbook on Adoption Law sheds light on adoption from many different relevant angles, highlighting both positive and negative aspects of the adoption institution and providing relevant knowledge for students, researchers, and practitioners working with adoption, regardless of their profession. The authors present interesting critical reflections on both national and intercountry adoption – and perhaps most importantly – contributions to the discussion about the future of adoption." -- Anne Mørk, International Journal of Law, Policy and the FamilyTable of ContentsContents: PART I INTRODUCTION 1 Introduction: an overview of adoption 2 Nigel Lowe and Claire Fenton-Glynn 2 Adoption in England and Wales: a brief history 14 Jenny Keating 3 Understanding adoption: the rights approach 38 John Tobin 4 The economics of adoption 59 Margaret Brehm PART II THE DIFFERENT FACES OF ADOPTION 5 Adoption without parental consent 80 Julie Doughty 6 Simple adoption 99 Machteld Vonk and Ian Sumner 7 Thinking about secret birth 117 Sarah Trotter 8 Adoption for step-families from 1926 to 2021 136 Judith Masson 9 A content analysis of transracial adoption in American newspapers during 2020–21 155 Elizabeth Raleigh PART III THE ADOPTION PROCESS 10 Fathers and the adoption process 175 Claire Fenton-Glynn and Brian Sloan 11 Gauging the child’s presence and voice in adoption proceedings of children from care in seven European countries: applying a child equality perspective 191 Hege Stein Helland, Katrin Križ and Marit Skivenes 12 Compulsory adoption: an advocate’s perspective 213 Andrew Bainham PART IV POST ADOPTION 13 Outcomes for children adopted from care in the UK 229 Julie Selwyn 14 Post-adoption contact 249 Mandi MacDonald 15 Understanding adoption breakdown: a socio-legal perspective 270 June Thoburn PART V COMPARATIVE PERSPECTIVES ON ADOPTION 16 Adoption in Africa 287 Julia Sloth-Nielsen 17 Adoption in ‘new family forms’: emerging case law from the European Court of Human Rights 307 Lydia Bracken PART VI INTERCOUNTRY ADOPTION 18 The rise and fall of intercountry adoption 1995–2019 322 Peter Selman 19 The practical operation and impact of the 1993 Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption 347 Laura Martínez-Mora 20 Defending intercountry adoption: an ethical analysis of the best interests of children and subsidiarity 366 Sarah-Vaughan Brakman 21 The legal mandate for ending the modern era of intercountry adoption 385 David Smolin Index

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Book SynopsisPresenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives balanced and informed guidance for the proper operation of judicial cooperation in civil and commercial matters within the EU in the field of cross-border service of documents.First setting out the origins and evolution of the Regulation, the Commentary proceeds to analyse in forensic detail the relevant case law of both the European Court of Justice and national courts on cross-border service. It moreover points the reader to the pertinent legal scholarship from various EU jurisdictions, and provides a pathway for solving practical problems surrounding the service of documents between Member States of the European Union in civil and commercial proceedings.Key Features: Systematic article-by-article analysis facilitates navigation and reference Integration of the relevant case law ensures a rounded interpretation of the Regulation Practical approach provides tangible guidance for complex cross-border proceedings Renowned team of contributors offer clarity and insight/ Thanks to its in-depth but also practical analysis of each provision of the Regulation, the Commentary will be a valuable resource for judges, scholars and students of European procedural law, as well as for practitioners involved in cross-border civil and commercial litigation.Trade Review‘Written clearly and concisely, this is an in-depth and highly up-to-date analysis of the cross-border service of documents system in the EU. A truly European Commentary based on a comparative approach; crucial reading for anyone involved in, or interested in, this important area of international private law - practitioners, judges, court staff and legal scholars alike.’ -- Aleš Galič, University of Ljubljana, Slovenia‘This Commentary offers a thorough and comprehensive analysis of the European Service Regulation, which governs the use of service documents abroad within the European Union. The list of contributors is impressive and includes some of the leading experts in European private international law. It is an essential work for scholars and practitioners of international litigation. A safe guide for navigating the stormy sea of cross-border notifications.’ -- Michele Angelo Lupoi, Università di Bologna, Italy‘The European Service Regulation is a well-written and comprehensive analysis of the importance of cross border service of documents. It provides a clear and concise roadmap for anyone dealing with cross-border disputes and should be compulsory reading for all involved in the well-functioning of the EU judicial area.’ -- Marc Schmitz, International Union of Judicial Officers (UIHJ)‘This comprehensive and carefully written article-by-article Commentary provides a valuable experts’ guide to all the novel features of the Recast Service Regulation. It deserves a prominent place on every practitioner’s physical or digital desk.’ -- Symeon C Symeonides, Willamette University, OregonTable of ContentsContents: The European Service Regulation: Introduction 1 Andreas Stein CHAPTER I GENERAL PROVISIONS 1 Scope 27 Apostolos Anthimos 2 Definitions 59 Elena Alina Onţanu 3 Transmitting and receiving agencies 64 Marta Requejo Isidro 4 Central body 68 Marta Requejo Isidro 5 Means of communication to be used by transmitting agencies, receiving agencies and central bodies 71 Marta Requejo Isidro 6 Legal effects of electronic documents 76 Burkhard Hess 7 Assistance in address enquiries 79 Burkhard Hess CHAPTER II JUDICIAL DOCUMENTS 8 Transmission of documents 86 Michael Stürner 9 Translation of documents 93 Gilles Cuniberti 10 Receipt of documents by receiving agency 96 Michael Stürner 11 Service of documents 101 Michael Stürner 12 Refusal to accept a document 105 Gilles Cuniberti 13 Date of service 120 Vincent Richard 14 Certificate of service and copy of the document served 129 Stefano Dominelli 15 Costs of service 143 Stefano Dominelli 16 Transmission by diplomatic or consular channels 156 Christian Koller 17 Service by diplomatic agents or consular officers 160 Kevin Labner 18 Service by postal services 168 Vincent Richard 19 Electronic service 177 Apostolos Anthimos 20 Direct service 191 Pietro Franzina CHAPTER III EXTRAJUDICIAL DOCUMENTS 21 Transmission and service of extrajudicial documents 198 Pietro Franzina CHAPTER IV FINAL PROVISIONS 22 Defendant not entering an appearance 205 Apostolos Anthimos 23 Amendment of Annex I 236 Apostolos Anthimos 24 Exercise of the delegation 239 Apostolos Anthimos 25 Adoption of implementing acts by the Commission 243 Apostolos Anthimos 26 Committee procedure 246 Apostolos Anthimos 27 Reference implementation software 249 Elena Alina Onţanu 28 Costs of the decentralised IT system 255 Elena Alina Onţanu 29 Relationship with agreements or arrangements between Member States 260 Apostolos Anthimos 30 Legal aid 265 Apostolos Anthimos 31 Protection of information transmitted 267 Alexandros Ioannis Kargopoulos 32 Respect for fundamental rights under Union law 286 Alexandros Ioannis Kargopoulos 33 Communication, publication and manual 299 Apostolos Anthimos 34 Monitoring 302 Apostolos Anthimos 35 Evaluation 306 Apostolos Anthimos 36 Repeal 309 Apostolos Anthimos 37 Entry into force and application 311 Apostolos Anthimos Bibliography 313 Index

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Book SynopsisThis Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.Key Features: A comparative approach with perspectives from five continents and a variety of legal traditions Critical discussion of every stage from the negotiation to the conclusion of the Convention Sound proposals for the Convention’s implementation and application by States and regional organisations Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation. Trade Review‘This Commentary provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. In particular, this work includes a comparative approach with perspectives from five continents and a variety of legal traditions, a critical discussion of every stage from the negotiation to the conclusion of the Convention, with proposals for the Convention’s implementation and application by States and regional organisations. A particular feature of the work is that it provides contributions of a diverse group of leading practitioners and academics from diverse legal backgrounds and jurisdictions, including some who participated in the negotiation of the Singapore Convention itself.’ -- Marta Requejo Isidro, The European Association of Private International LawTable of ContentsContents: Foreword xvii Chronicles of the Singapore Convention – an insider view 1 Itai Apter and Roni Ben David The Preamble to the Singapore Convention on mediation: identifying the object and purpose of the Treaty through text, context and intent 41 S.I. Strong 1 Scope of Application 63 Pablo Cortés 2 Definitions 86 Nuria González Martín 3 General principles 107 Guillermo Palao 4 Requirements for reliance on settlement agreements 130 Mark T. Kawakami 5 Grounds for refusing to grant relief 156 Dai Yokomizo and Peter Mankowski 6 Parallel applications or claims 180 Valesca Raizer Borges Moschen 7 Other laws or treaties 199 Gyooho Lee 8 Reservations 212 Ximena Bustamante and Gabriela Balseca 9 Effect on settlement agreements 230 Achille Ngwanza 10 Depositary 233 Afonso Patrão and Dulce Lopes 11 Signature, ratification, acceptance, approval, accession 238 Ilaria Queirolo and Stefano Dominelli 12 Participation by Regional Economic Integration Organizations 257 Théophile Margellos and Sven Stürmann 13 Non-unified legal systems 280 Dulce Lopes and Afonso Patrão 14 Entry into force 291 Javier Díez-Hochleitner 15 Amendment 299 Javier Díez-Hochleitner 16 Denunciations 304 Javier Díez-Hochleitner Index

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Book SynopsisAs the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation.Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.Trade Review‘A bold piece of scholarship on a topic of unusual complexity and great practical interest. Lucas Clover Alcolea ticks all the boxes with an engaging, thoroughly-researched, exhaustive study of the many facets of trust disputes. The privacy of the arbitral process has long been attractive to the universe of trusts and this excellent work examines every angle, from the arbitrability of trust disputes to the representation of minor, unborn or unknown beneficiaries, capping off with a helpful review of critical drafting issues in drawing up a trust arbitration clause.’ -- Sophie Nappert, Arbitrator, Gray's Inn, UK and Co-Chair, ICC Task Force on Trusts and Arbitration‘Arbitration of Trust Disputes is a very useful and clearly written addition to the international literature on arbitration law. Trusts pose unique challenges for arbitration. They are a creature of equity and the courts jealously guard their supervision of trusts for the benefit of the beneficiaries. This book addresses in depth the key issues of arbitrability of trust disputes and the ability of arbitration clauses to bind all affected parties, as well as associated process issues. By drawing on case law and legislation from across the world, this book provides invaluable insights of international relevance and significance.’ -- Nicola Peart, Emerita Professor of Law, University of Otago, New Zealand‘Arbitration of Trust Disputes is a comprehensive and insightful analysis of the special issues that arise when internal trust disputes are brought to arbitration. The text not only provides both scholarly and practical guidance, it also offers both domestic and international perspectives. This book is a welcome addition to the growing literature on trust arbitration.’ -- Dr. S.I. Strong, The University of Sydney, AustraliaTable of ContentsContents: 1. Introduction to the Arbitration Of Trust Disputes 2. (In-)arbitrability 3. Binding parties to trust arbitration clauses 4. Trust arbitration and due process: The ECHR and common law principles of natural justice 5. Representation of beneficiaries in arbitral proceedings 6. Conflicts of laws issues and The Hague Trust Convention 7. Existing statutory frameworks for trust arbitration 8. Enforceability of trust arbitration awards under the New York Convention and commonwealth law 9. Issues to consider when drafting a trust arbitration clause Bibliography Index

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Book SynopsisRenmin Chinese Law Review, Volume 9 is the ninth 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.Volume 9 provides fresh perspectives on key topics including the notion of consequence in adjudication, legal illiteracy, and the nature of police defense behavior. Chapters by expert contributors in the field provide an insightful review of other crucial areas of Chinese law such as budgetary law, criminal law, copyright infringement, and labor contract law. Including illustrative case studies, and shining a light on new legal developments in China, this work is a rich resource for scholars of Chinese law and politics all over the world, as well as for policy-makers in the region.Table of ContentsContents: 1 Reflection on the consideration about consequence in adjudication 1 Lei Lei 2 On the nature of police defense behavior 32 Wang Gang 3 Illiteracy, legal illiteracy and the transition of the socially effective scope of judicial authority 62 Wu Dezhi 4 Land customs and the local fiscal dilemma in the Qing dynasty: taking the multiple land ownership institution in Fujian and Taiwan for instance 90 Lai Junnan 5 Research on the system reconstruction of the pluralistic paths of criminal regulation of cyber accomplices 119 Yang Caixia 6 On the trend of functionalism and limitations of budget law 145 Chen Zhi 7 Reflection on the relationship between legal retirement age and labor contract 161 Dong Wenjun 8 On criticism of the theory of relativity of capacity for rights 179 Zheng Xiaojian 9 Criticism of Schlüsselgewalt 205 Wang Zhantao 10 Research on the compensation for loss of chance in medical malpractice 233 Man Hongjie 11 Interpreting transformative use under China’s copyright law 263 Xiong Qi 12 Reconstruction of the rules on the indirect infringement of online copyright 285 Zhu Kaixin Index 309

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Book SynopsisLitigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise overview of the field.Trade ReviewAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZTable of ContentsContents: Preface 1. Introduction: Basic issues PART I JURISDICTION TO ADJUDICATE 2. Forum-selection clauses 3. Jurisdiction over persons and things PART II THE APPLICABLE LAW (CHOICE OF LAW) 4. What law applies? PART III JUDGMENTS 5. Recognition and enforcement of foreign judgments 6. An assessment: tasks, developments, trends Bibliography Index

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Book SynopsisLitigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise overview of the field.Trade ReviewAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZTable of ContentsContents: Preface 1. Introduction: Basic issues PART I JURISDICTION TO ADJUDICATE 2. Forum-selection clauses 3. Jurisdiction over persons and things PART II THE APPLICABLE LAW (CHOICE OF LAW) 4. What law applies? PART III JUDGMENTS 5. Recognition and enforcement of foreign judgments 6. An assessment: tasks, developments, trends Bibliography Index

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Book SynopsisThis authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law.Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction. It provides clear guidance on and interpretation of the jurisdictional rules on collaboration of authorities and on the recognition and execution of judicial verdicts.Key Features: Provides comprehensive article-by-article analysis Written by leading experts Explains the mechanics of Regulation 2019/1111 to practitioners and legal scholars alike Includes expansive reference to case-law and legal writings, and explains the relation with other EU regulations This meticulous and ambitious Commentary will be an indispensable companion for those involved in and practising family law, particularly in cases with a cross-border element, including judges, lawyers and child protection authorities. It will additionally be valuable for scholars of European family law and private international law. Table of ContentsContents: General introduction 1 Cristina González Beilfuss and Thalia Kruger INTRODUCTION TO CHAPTER I SCOPE AND DEFINITIONS Cristina González Beilfuss 1 Scope 10 Cristina González Beilfuss 2 Definitions 28 Cristina González Beilfuss INTRODUCTION TO CHAPTER II ‘JURISDICTION IN MATRIMONIAL MATTERS AND IN MATTERS OF PARENTAL RESPONSIBILITY’ Laura Carpaneto and Mirela Župan 3 General jurisdiction 59 Mirela Župan 4 Counterclaim 75 Mirela Župan 5 Conversion of legal separation to divorce 79 Mirela Župan 6 Residual jurisdiction 82 Mirela Župan 7 General jurisdiction 89 Cristina González Beilfuss 8 Continuing jurisdiction in relation to access rights 101 Cristina González Beilfuss 9 Jurisdiction in cases of the wrongful removal or retention of a child 106 Thalia Kruger 10 Choice of court 114 Cristina González Beilfuss 11 Jurisdiction based on the presence of the child 126 Laura Carpaneto 12 Transfer of jurisdiction to a court of another Member State 136 Mirela Župan 13 Request for transfer of jurisdiction by a court of a Member State not having jurisdiction 152 Mirela Župan 14 Residual jurisdiction 156 Cristina González Beilfuss 15 Provisional, including protective, measures in urgent cases 162 Ilaria Pretelli 16 Incidental question 177 Cristina González Beilfuss 17 Seising of a court 183 Mirela Župan 18 Examination as to jurisdiction 193 Mirela Župan 19 Examination as to admissibility 200 Mirela Župan 20 Lis pendens and dependent actions 207 Mirela Župan 21 Right of the child to express his or her views 221 Laura Carpaneto INTRODUCTION TO CHAPTER III ‘INTERNATIONAL CHILD ABDUCTION’ Thalia Kruger 22 Return of the child under the 1980 Hague Convention 246 Thalia Kruger 23 Receipt and processing of applications by Central Authorities 248 Thalia Kruger 24 Expeditious court proceedings 251 Thalia Kruger 25 Alternative dispute resolution 257 Thalia Kruger 26 Right of the child to express his or her views in return proceedings 268 Laura Carpaneto 27 Procedure for the return of a child 275 Thalia Kruger 28 Enforcement of decisions ordering the return of a child 288 Thalia Kruger 29 Procedure following a refusal to return the child under point (b) of Article 13(1) and Article 13(2) of the 1980 Hague Convention 292 Thalia Kruger INTRODUCTION TO CHAPTER IV ‘RECOGNITION AND ENFORCEMENT’ Ilaria Pretelli 30 Recognition of a decision 317 Ilaria Pretelli 31 Documents to be produced for recognition 331 Ilaria Pretelli 32 Absence of documents 337 Ilaria Pretelli 33 Stay of proceedings 340 Ilaria Pretelli 34 Enforceable decisions 342 Ilaria Pretelli 35 Documents to be produced for enforcement 347 Ilaria Pretelli 36 Issuance of the certificate 352 Ilaria Pretelli 37 Rectification of the certificate 355 Ilaria Pretelli 38 Grounds for refusal of recognition of decisions in matrimonial matters 358 Ilaria Pretelli 39 Grounds for refusal of recognition of decisions in matters of parental responsibility 384 Ilaria Pretelli 40 Procedure for refusal of recognition 402 Ilaria Pretelli 41 Grounds for refusal of enforcement of decisions in matters of parental responsibility 404 Ilaria Pretelli 42 Scope 406 Thalia Kruger 43 Recognition 410 Thalia Kruger 44 Stay of proceedings 413 Thalia Kruger 45 Enforceable decisions 416 Thalia Kruger 46 Documents to be produced for enforcement 421 Thalia Kruger 47 Issuance of the certificate 425 Thalia Kruger 48 Rectification and withdrawal of the certificate 431 Thalia Kruger 49 Certificate on lack or limitation of enforceability 434 Thalia Kruger 50 Irreconcilable decisions 437 Thalia Kruger 51 Enforcement procedure 440 Cristina González Beilfuss 52 Authorities competent for enforcement 447 Cristina González Beilfuss 53 Partial enforcement 448 Cristina González Beilfuss 54 Arrangements for the exercise of rights of access 451 Cristina González Beilfuss 55 Service of certificate and decision 456 Cristina González Beilfuss 56 Suspension and refusal 462 Cristina González Beilfuss 57 Grounds for suspension or refusal of enforcement under national law 469 Cristina González Beilfuss 58 Jurisdiction of authorities or courts competent for refusal of enforcement 472 Cristina González Beilfuss 59 Application for refusal of enforcement 474 Cristina González Beilfuss 60 Expeditious procedures 477 Cristina González Beilfuss 61 Challenge or appeal 479 Cristina González Beilfuss 62 Further challenge or appeal 481 Cristina González Beilfuss 63 Stay of proceedings 482 Cristina González Beilfuss 64 Scope 485 Cristina González Beilfuss 65 Recognition of authentic instruments and agreements 489 Cristina González Beilfuss 66 Certificate 492 Cristina González Beilfuss 67 Rectification and withdrawal of the certificate 495 Cristina González Beilfuss 68 Grounds for refusal of recognition or enforcement 497 Cristina González Beilfuss 69 Prohibition of review of jurisdiction of the court of origin 501 Mirela Župan 70 Differences in applicable law 506 Laura Carpaneto 71 Non-review as to substance 511 Ilaria Pretelli 72 Appeal in certain Member States 514 Ilaria Pretelli 73 Costs 516 Ilaria Pretelli 74 Legal aid 518 Ilaria Pretelli 75 Security, bond or deposit 522 Ilaria Pretelli 76 Designation of Central Authorities 525 Mirela Župan INTRODUCTION TO CHAPTER V ‘COOPERATION IN MATTERS OF PARENTAL RESPONSIBILITY’ Mirela Župan 77 General tasks of Central Authorities 540 Mirela Župan 78 Requests through Central Authorities 547 Mirela Župan 79 Specific tasks of requested Central Authorities 553 Mirela Župan 80 Cooperation on collecting and exchanging information relevant in procedures in matters of parental responsibility 562 Mirela Župan 81 Implementation of decisions in matters of parental responsibility in another Member State 568 Mirela Župan 82 Placement of a child in another Member State 571 Laura Carpaneto 83 Costs of Central Authorities 589 Laura Carpaneto 84 Meetings of Central Authorities 593 Laura Carpaneto INTRODUCTION TO CHAPTER VI ‘GENERAL PROVISIONS’ Laura Carpaneto and Mirela Župan 85 Scope 602 Mirela Župan 86 Cooperation and communication between courts 603 Mirela Župan 87 Collection and transmission of information 612 Mirela Župan 88 Notification of the data subject 619 Mirela Župan 89 Non-disclosure of information 625 Mirela Župan 90 Legislation or other similar formality 629 Thalia Kruger 91 Languages 633 Ilaria Pretelli INTRODUCTION TO CHAPTER VII ‘DELEGATED ACTS’ Laura Carpaneto 92 Amendments to the Annexes 643 Laura Carpaneto 93 Exercise of the delegation 646 Laura Carpaneto INTRODUCTION TO CHAPTER VIII ‘RELATIONS WITH OTHER INSTRUMENTS’ Laura Carpaneto650 94 Relations with other instruments 655 Laura Carpaneto 95 Relations with certain multilateral conventions 663 Laura Carpaneto 96 Relation with the 1980 Hague Convention 667 Laura Carpaneto 97 Scope of effect 671 Relation with the Hague Convention 98 Scope of effect 684 Laura Carpaneto 99 Treaties with the Holy See 687 Laura Carpaneto INTRODUCTION TO CHAPTER IX ‘FINAL PROVISIONS’ Cristina González Beilfuss 100 Transitional provisions 693 Thalia Kruger 101 Monitoring and evaluation 696 Ilaria Pretelli 102 Member States with two or more legal systems 700 Ilaria Pretelli 103 Scope 702 Thalia Kruger 104 Repeal 708 Thalia Kruger 105 Entry into force 710 Thalia Kruger

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Book SynopsisNow in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.Key features of the second edition include: New topics covered in the fields of jurisdiction and foreign judgments Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context. Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.Trade Review‘The coming out of a second edition of this book is particularly welcome. The reality of nowadays’ world, indeed, makes the adoption of a transnational perspective in the study of private international law particularly deserving, making it rather short-sighted to persist in a purely national or regional attitude in addressing the subject. A further distinguishing feature of this textbook lies in its methodological approach, based on a direct confrontation with cases, arising from the practice of various jurisdictions. This second edition introduces important updates, with a fresh discussion of new cases and more recently adopted legislation, particularly from the EU side, keeping up with the unceasing development of the subject.’ -- Fabrizio Marongiu Buonaiuti, University of Macerata, Italy‘A comparative perspective on private international law is essential in a globalized world of constantly interacting legal systems. Yet there is a dearth of teaching materials offering such a perspective. This makes Professor Cuniberti’s Conflict of Laws: A Comparative Approach an especially important contribution to the field. Reflecting the author’s expertise in both comparative law and private international law, the second edition continues to offer both a valuable teaching resource and a useful point of departure for research on comparative private international law.’ -- Christopher A. Whytock, University of California, US‘The teaching of private international law is perhaps ever more needful in today’s interconnected world where even the most apparently local of cases can turn out to have x-border implications. Accordingly any students who aspire to legal practise will benefit from a basic understanding of the principles. As Cuniberti has correctly identified the best way for students to understand this complex subject is to start with the cases and the commentary upon them; in this sense this latest edition of Conflict of Laws is a hugely valuable teaching tool, bringing all the content together in one volume making it accessible in terms of length and price.’ -- Diana Wallis, University of Hull, UKAcclaim for the first edition:‘While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field is now a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!’ -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction to Conflict of Laws: A Comparative Approach PART I CHOICE OF LAW 1. Competing methodologies 2. The choice of law process PART II JURISDICTION 3. Variety of jurisdictional rules 4. Parallel litigation 5. Choice of court agreements PART III FOREIGN JUDGMENTS 6. Foreign nation judgments 7. Sister states’ judgments PART IV CONTRACTS 8. Jurisdiction in contractual matters 9. Choice of law in contractual matters PART V TORTS 10. Choice of law in tort matters Short bibliography Index

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Book SynopsisNow in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.Key features of the second edition include: New topics covered in the fields of jurisdiction and foreign judgments Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context. Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.Trade Review‘The coming out of a second edition of this book is particularly welcome. The reality of nowadays’ world, indeed, makes the adoption of a transnational perspective in the study of private international law particularly deserving, making it rather short-sighted to persist in a purely national or regional attitude in addressing the subject. A further distinguishing feature of this textbook lies in its methodological approach, based on a direct confrontation with cases, arising from the practice of various jurisdictions. This second edition introduces important updates, with a fresh discussion of new cases and more recently adopted legislation, particularly from the EU side, keeping up with the unceasing development of the subject.’ -- Fabrizio Marongiu Buonaiuti, University of Macerata, Italy‘A comparative perspective on private international law is essential in a globalized world of constantly interacting legal systems. Yet there is a dearth of teaching materials offering such a perspective. This makes Professor Cuniberti’s Conflict of Laws: A Comparative Approach an especially important contribution to the field. Reflecting the author’s expertise in both comparative law and private international law, the second edition continues to offer both a valuable teaching resource and a useful point of departure for research on comparative private international law.’ -- Christopher A. Whytock, University of California, US‘The teaching of private international law is perhaps ever more needful in today’s interconnected world where even the most apparently local of cases can turn out to have x-border implications. Accordingly any students who aspire to legal practise will benefit from a basic understanding of the principles. As Cuniberti has correctly identified the best way for students to understand this complex subject is to start with the cases and the commentary upon them; in this sense this latest edition of Conflict of Laws is a hugely valuable teaching tool, bringing all the content together in one volume making it accessible in terms of length and price.’ -- Diana Wallis, University of Hull, UKAcclaim for the first edition:‘While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field is now a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!’ -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction to Conflict of Laws: A Comparative Approach PART I CHOICE OF LAW 1. Competing methodologies 2. The choice of law process PART II JURISDICTION 3. Variety of jurisdictional rules 4. Parallel litigation 5. Choice of court agreements PART III FOREIGN JUDGMENTS 6. Foreign nation judgments 7. Sister states’ judgments PART IV CONTRACTS 8. Jurisdiction in contractual matters 9. Choice of law in contractual matters PART V TORTS 10. Choice of law in tort matters Short bibliography Index

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Book SynopsisThe world of intellectual property (patents, trade marks, copyrights, et cetera) is becoming increasingly international. More and more frequently, disputes about intellectual property have an international character. This inevitably raises questions of private international law: which national court is competent to adjudicate an international dispute of this kind? And which national law should be applied to an international case of this kind? Since the 1990s, the first question in particular has attracted attention; in recent years, the focus has shifted to the second question: which national law is applicable? Opinions differ widely on this matter today. The controversy focuses on the question whether the Berne Convention and the Paris Convention, the two most important treaties on intellectual property, contain a rule that designates the applicable law. In other words: do these treaties contain a 'conflict-of-law rule' as it is called? This question, which concerns nearly all countries in the world, is nowadays considered to be ‘heftig umstritten’ (fiercely contested) and ‘très difficile’ (very difficult). And that is where we come across something strange: today it may be fiercely contested whether these treaties contain a conflict-of-law rule, but in the past, for the nineteenth-century authors of these treaties, it was perfectly self-evident that these treaties contain a conflict-of-law rule, namely in the ‘principle of national treatment’ as it is called. How is that possible? These are the fundamental questions at the heart of this book: does the principle of national treatment in the Berne Convention and the Paris Convention contain a conflict-of-law rule? And if so, why do we no longer understand this conflict-of-law rule today?This book is an English translation of Sierd J. Schaafsma’s groundbreaking book, which appeared in Dutch in 2009 (now updated with the most significant case law and legislation).Key features include: provides deep insight into the current state of affairs in international intellectual property law extensive and groundbreaking analysis of the principle of national treatment in the Berne Convention and the Paris Convention detailed and authoritative explanation of the intersection of the conflicts of law and intellectual property law. Table of ContentsContents: Foreword Introduction to Intellectual Property in the Conflict of Laws PART I GENESIS OF THE PRINCIPLE OF NATIONAL TREATMENT 1. The birth of the principle of national treatment in copyright law 2. The Berne principle of national treatment: the genesis of the current Article 5(1) 3. The perfection of the Berne principle of national treatment: the genesis of the current Article 5(2) and (3) 4. The genesis of the principle of national treatment in the Paris Convention PART II THE PRINCIPLE OF NATIONAL TREATMENT TODAY 5. The conflict-of-law rule in the principle of national treatment 6. The aliens-law rule in the principle of national treatment 7. The scope of the principle of national treatment 8. Reformulation and reform Bibliography Index

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Book SynopsisFor this important collection, Professor O'Hara has selected some cutting-edge previously-published work on the application of economic analysis to the conflict of laws. This authoritative two-volume set offers theoretical and empirical insights into existing approaches to choice of law and the effects of conflicting choice-of-law approaches on judicial decision-making. It investigates several competing proposals for more efficient choice-of-law systems, including a special section on torts. Further topics include evaluations of contract clauses (including choice-of-law and choice-of-forum provisions), and the effects of party choice on jurisdictional competition by states to provide more desirable laws, with examples relating to securities regulation, bankruptcy rules, law firm rules of ethics, same-sex marriage laws and asset protection trust law. A game theoretic analysis of interstate judgment recognition is also included.These two volumes will be an extremely useful resource for students and for scholars wishing to contribute to the next generation of the economics of conflict of laws.Trade Review'This work undeniably offers a wide-ranging and in-depth analysis of the economics of conflicts of law. It is an essential book for scholars and students.' -- Fadi Moghaizel, International Company and Commercial Law ReviewTable of ContentsContents: Volume I Acknowledgements Introduction Erin O’Hara PART I ECONOMIC AND EMPIRICAL ANALYSIS OF EXISTING APPROACHES A Theoretical Insights 1. William F. Baxter (1963), ‘Choice of Law and the Federal System’ 2. Larry Kramer (1991), ‘On the Need for a Uniform Choice of Law Code’ B Empirical Insights 3. Michael E. Solimine (2002), ‘The Law and Economics of Conflict of Laws’ 4. Patrick J. Borchers (1992), ‘The Choice-of-Law Revolution: An Empirical Study’ 5. Stuart E. Thiel (2000), ‘Choice of Law and the Home-Court Advantage: Evidence’ PART II PROPOSALS FOR MORE EFFICIENT CHOICE-OF-LAW SYSTEMS A Alternative Efficiency-based Approaches to Choice of Law 6. Larry Kramer (1990), ‘Rethinking Choice of Law’ 7. Erin A. O’Hara and Larry E. Ribstein (2000), ‘From Politics to Efficiency in Choice of Law’ 8. Andrew T. Guzman (2002), ‘Choice of Law: New Foundations’ 9. Erin Ann O’Hara (2002), ‘Economics, Public Choice, and the Perennial Conflict of Laws’ 10. Paul B. Stephan (2002), ‘The Political Economy of Choice of Law’ 11. Andrew T. Guzman (2002), ‘Public Choice and International Regulatory Competition’ B Choice of Law for Torts 12. Bruce L. Hay (1992), ‘Conflicts of Law and State Competition in the Product Liability System’ 13. Michael J. Whincop and Mary Keyes (1999), ‘The Market Tort in Private International Law’ 14. Michael Whincop and Mary Keyes (1998), ‘Economic Analysis of Conflict of Laws in Torts Cases: Discrete and Relational Torts’ Name Index Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I CHOICE OF LAW AND FORUM PROVISIONS A Choice-of-Law Clauses 1. Paul B. Stephan (2000), ‘Choice of Law and its Consequences: Constitutions for International Transactions’ 2. Michael J. Whincop and Mary E. Keyes (1998), ‘Statutes’ Domains in Private International Law: An Economic Theory of the Limits of Mandatory Rules’ 3. Erin Ann O’Hara (2000), ‘Opting Out of Regulation: A Public Choice Analysis of Contractual Choice of Law’ 4. Larry E. Ribstein (2003), ‘From Efficiency to Politics in Contractual Choice of Law’ B Choice-of-Forum Provisions 5. Erin Ann O’Hara (2002), ‘The Jurisprudence and Politics of Forum-Selection Clauses’ PART II CHOICE OF LAW AND JURISDICTIONAL COMPETITON A Securities Regulation 6. Roberta Romano (1998), ‘Empowering Investors: A Market Approach to Securities Regulation’ B Bankruptcy Rules and Courts 7. Robert K. Rasmussen (2000), ‘Resolving Transnational Insolvencies through Private Ordering’ C Law Firm Rules of Ethics 8. Larry E. Ribstein (2001), ‘Ethical Rules, Law Firm Structure and Choice of Law’ D Same-Sex Marriage 9. F.H. Buckley and Larry E. Ribstein (2001), ‘Calling a Truce in the Marriage Wars’ E Asset-Protection Trusts 10. Stewart E. Sterk (2000), ‘Asset Protection Trusts: Trust Law’s Race to the Bottom?’ PART III JUDGMENT RECOGNITION AND CHOICE OF LAW 11. Michael Whincop (1999), ‘The Recognition Scene: Game Theoretic Issues in the Recognition of Foreign Judgments’ Name Index

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Book SynopsisThis timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.Table of ContentsContents: Introduction and Editorial Preface Michael Faure and André van der Walt PART I: GLOBALIZATION, DEMOCRACY AND ACCOUNTABILITY 1. Democracy and (European) Private Law: A Functional Approach Jan Smits 2. Public Accountability of Translational Rule Making: A View from the European Union and Beyond Deirdre Curtin PART II: HARMONIZATION VERSUS DECENTRALIZATION 3. Private Law in a Globalizing World: Economic Criteria for Choosing the Optimal Regulatory Level in a Multi-level Government System Roger Van den Bergh 4. Globalization and Harmonization of International Trade Law Sieg Eiselen PART III: PUBLIC LAW 5. The Relation between Private Law and Administrative Law in View of Globalization Frits Stroink 6. Beyond Parochialism? Transnational Contextualization in Constitutional Interpretation in South Africa (with Particular Reference to Jurisprudence of the Constitutional Court) Lourens du Plessis 7. Globalization, State Commercial Activity and the Transformation of Administrative Law Geo Quinot PART IV: CORPORATE GOVERNANCE 8. Globalization: Selected Developments in Corporate Law Bas Steins Bisschop 9. Globalization and Corporate Law Philip Sutherland PART V: PROCEDURAL ISSUES 10. Civil Procedure in a Globalizing World Remco van Rhee PART VI: HUMAN RIGHTS AND THE ENVIRONMENT 11. Fundamental Rights in Private Law: Anchors or Goals in a Globalizing Legal Order? Siewert Lindenbergh 12. Globalization and Multi-level Governance of Environmental Harm Michael Faure 13. The Rule of Law and Judicial Activism: Obstacles for Shaping the Law to Meet the Demands of a Civilized Society, Particularly in Relation to Climate Change? Jaap Spier PART VII: COMPARATIVE CONCLUSIONS 14. Comparative and Concluding Remarks Michael Faure and André van der Walt Index

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Book SynopsisThis insightful book presents a legal and economic analysis of inter-firm cooperation through networks as an alternative to vertical integration. It examines comparatively various forms of collaboration, ranging from consortia to multiparty joint ventures and from franchising to dealerships.Collaboration among firms of different sizes helps to overcome numerous weaknesses of the modern western industrial systems. It permits the governing of vertical disintegration without increasing fragmentation and transaction costs and allows firms to benefit from resource complementarities, favoring division of labour. The contributing authors, primarily focusing on Europe and the US, address important ways in which legal systems provide a framework for inter-firm coordination. It is clear from the analysis that significant obstacles to collaboration still remain, and the authors call for legal reforms at European and Member States level. This book will prove to be invaluable to academics and law-makers from both economics and law disciplines who are interested in organizational innovation and competitiveness to increase efficiency and redistribute power along the supply chain.Contributors include: C. Aubert de Vincelles, F. Cafaggi, S. Clavel, F. Gomez, S. Grundmann, D. Scalera, S. Whittaker, A. ZazzaroTrade Review’Contractual networks - loose associations of firms - are fundamental but little-understood features of the modern economic landscape. Observed across a wide range of industries and in many different settings, these networks present important questions for the theory of the firm and for the analysis of modern industrial organization. This volume brings together cutting edge research on contractual networks across a range of industries, geographic regions, and legal environments - research that demonstrates the extraordinary flexibility and complexity of these forms of industrial organization and illuminates many aspects of their structure and function. Highly recommended.’ -- - Geoffrey Miller, New York University, US’In a rapidly changing context of technological and business innovation, characterized in particular by networks that are geared for coordination and cooperation, multiparty contractual consortia, and linked transactions, is the law fit for purpose? How well does contract law map on to, and serve, markets that are now organized in networked ways? For anyone wishing to engage with these important questions, the essays in this collection, contributed by some of the leading figures in European private law, are essential reading.’ -- Roger Brownsword, Kings College London, UKTable of ContentsContents: 1. Introduction Fabrizio Cafaggi PART I: CONTRACTUAL NETWORKS: THE CHALLENGES TO CONTRACT THEORY 2. Cooperation, Long-term Relationships and Open-endedness in Contractual Networks Fernando Gómez 3. Do Inter-firm Networks Make Access to Finance Easier? Issues and Empirical Evidence Domenico Scalera and Alberto Zazzaro 4. Contractual Networks and Contract Theory: A Research Agenda for European Contract Law Fabrizio Cafaggi PART II: A COMPARATIVE FRAMEWORK 5. Contractual Networks in German Private Law Stefan Grundmann 6. Linked Contracts Under French Law Carole Aubert de Vincelles 7. Contract Networks, Freedom of Contract and the Restructuring of Privity of Contract Simon Whittaker PART III: TOWARD A EUROPEAN SYSTEM OF DECENTRALIZED RULES? 8. Interfirm Networks Across Europe: A Private International Law Perspective Fabrizio Cafaggi and Sandrine Clavel Index

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Book SynopsisThis insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in-between labor, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policy makers. Contributors include: C. Chwaszcza, H. Collins, K.J. Cseres, A. Dyevre, P. Letto-Vanamo, U. Mattei, H.-W. Micklitz, M.-A. Moreau, E.-U. Petersmann, H. Rosler, W. Sadurski, B. Schuller, R. Sefton-Green, A. Somma, C. Torp, C. WillettTrade Review‘The Many Concepts of Social Justice in European Private Law may be appreciated not only for placing the understanding of national and European concepts and conceptions of social justice in their historical, socio-economic, and cultural contexts. It also, and maybe just as importantly, invites the reader to reflect on his or her own concept(s) and conceptions of justice for European private law.’ -- Chantal Mak, Yearbook of European Law‘Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz’s inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.’ -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: PART I: INTRODUCTION – SOCIAL JUSTICE AND ACCESS JUSTICE IN PRIVATE LAW 1. Introduction Hans-W. Micklitz PART II: CORRECTIVE, COMMUTATIVE, PROCEDURAL AND SOCIAL JUSTICE 2. Social Justice and Legal Justice Wojciech Sadurski 3. Can We Make Sense of Commutative Justice? A Comment on Professor Wojciech Sadurski Christine Chwaszcza 4. Commutative, Distributive and Procedural Justice: A Response to Professor Christine Chwaszcza Wojciech Sadurski 5. A Rejoinder Christine Chwaszcza PART III: CONSTITUTIONAL VALUES AND PRIVATE LAW 6. Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’ Ernst-Ulrich Petersmann 7. The Constitutionalization of European Private Law as a Path to Social Justice? Hugh Collins 8. The Nile Perch in European Private Law Ugo Mattei PART IV: SOCIO-ECONOMIC DEVELOPMENTS AND SOCIAL JUSTICE 9. At the Roots of European Private Law: Social Justice, Solidarity and Conflict in the Proprietary Order Alessandro Somma 10. Social Justice in the Welfare State from the Perspective of the Comparative History of Institutions Cornelius Torp 11. A Vision of Social Justice in French Private Law: Paternalism and Solidarity Ruth Sefton-Green 12. Meaning(s) of Social Justice in Nordic Countries Pia Letto-Vanamo 13. The Europeanization of Social Justice and the Judiciary: How Will Judges React in the EU Member States? Arthur Dyevre PART V: SOCIAL JUSTICE IN LABOUR, CONSUMPTION AND COMPETITION Labour 14. Labour Relations and the Concept of Social Justice in the European Union Marie-Ange Moreau Consumption 15. The Transformation of Contractual Justice – A Historical and Comparative Account of the Impact of Consumption Hannes Rösler 16. Social Justice in the Office of Fair Trading versus Commutative Justice in the Supreme Court Chris Willett 17. Social Peace via Pragmatic Civil Rights – the Scandinavian Model of Consumer Law Bastian Schüller Competition 18. Towards a European Model of Economic Justice: The Role of Competition Law K.J. Cseres Index

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Book SynopsisThe World Bank and the Asian Development Bank are two of the world's major institutions conducting development projects. Both banks recognize the importance of transparency, participation and accountability. Responding to criticisms and calls for reform, they have developed policies that are designed to protect these values for people affected by their projects. This original and timely book examines these policies, including those recently revised, through the prism of human rights, and makes suggestions for further improvement. It also analyzes the development of the Banks' stance to human rights in general.This unique book contains valuable and deeply insightful information drawn from extensive face-to-face interviews with relevant actors, including key personnel from both banks, consultants to the banks and members of civil society organizations. It expands the scope of research/discussion on the human rights obligation of International financial institutions that will prove insightful for both academics and students. Practitioners will gain a great deal from the detail given on the standards of transparency, participation and accountability and their applicability to the day-to-day operations of development institutions.Contents: Foreword by Paul Hunt Introduction 1. The World Bank, Asian Development Bank and Human Rights 2. Human Rights Critique of the World Bank and Asian Development Bank's Information Disclosure Policy 3. Human Rights Critique of the World Bank and Asian Development Bank's Participation Policy 4. Human Rights Critique of the World Bank and Asian Development Bank's Inspection Policy 5. Case Studies: Human Rights Analysis of Inspection Cases of the World Bank and Asian Development Bank Conclusion Bibliography IndexTrade ReviewSanae Fujita's book, The World Bank, Asian Development Bank and Human Rights is a significant scholarly contribution to important issues of global governance in our increasingly interconnected world. The book is an excellent treatment of the emergence of participatory rights and accountability in the context of international finance and international organizations more generally. Particularly valuable is the in-depth treatment of transparency and accountability at the Asian Development Bank, an important and often-overlooked institution critical to international governance. --David Hunter, American University, Washington College of LawDr Fujita reminds us of the critically important role that human rights can play. Opening up new perspectives, this book is a major and original contribution to the literature. --From the foreword by Paul HuntTable of ContentsContents: Foreword by Paul Hunt Introduction 1. The World Bank, Asian Development Bank and Human Rights 2. Human Rights Critique of the World Bank and Asian Development Bank’s Information Disclosure Policy 3. Human Rights Critique of the World Bank and Asian Development Bank’s Participation Policy 4. Human Rights Critique of the World Bank and Asian Development Bank’s Inspection Policy 5. Case Studies: Human Rights Analysis of Inspection Cases of the World Bank and Asian Development Bank Conclusion Bibliography Index

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Book SynopsisThe area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China. Providing comprehensive and sophisticated analysis of current Chinese conflict of laws, the authors assess the actual judicial practice and case decisions. The book takes into account the historic, political and economic background of the subject matter, as well as relevant empirical evidence and data, especially recognizing the contribution of Chinese scholars in the field. It concludes that the Chinese conflicts system has entered into the stage of modernization and proposes policy to improve efficiency, prevent local protectionism, balance internationalization and nationalization, democratize legislative process and improve judicial training and judicial practice. This timely book is invaluable resource for academics and practitioners in private international law, conflict of laws, international law, international litigation, Chinese law, and international civil and commercial matters involving China.Trade Review'This is an excellent and up-to-date book that enables the English-speaking world to get an accurate and comprehensive understanding of private international law in mainland China. The Chinese system can be said to be a mixed system, in that it is only partially governed by statute and much of the law still emerges from case law and interpretations of the law given by the Supreme People's Court. The authors point out that only in very few cases do the Chinese courts actually apply foreign law. This tendency of the judges to avoid the application of foreign law is one of several features of the Chinese system of private international law that shows the importance of judicial decisions to understanding how the system actually works. The writers rightly point out areas where Chinese private international law could be improved, with recommendations that China should liberalise its approach to recognition and enforcement of foreign judgments by adopting a de jure approach to reciprocity and by entering into multilateral treaties like the Hague Choice of Court Agreements Convention 2005.' --Paul Beaumont, University of Aberdeen, UKTable of ContentsContents: Part I Conflict of Laws in China – History and Concept 1. Conflict of Laws in China – A Historical Perspective 2. Concepts and Preliminary Questions Part II Jurisdiction, Procedure, Foreign Judgments and Awards 3. Jurisdiction in Chinese Courts 4. Declining Jurisdiction in Chinese Courts 5. Selected Procedural Issues in Foreign-Related Litigation in China 6. Recognition and Enforcement of Foreign Judgments in Chinese Courts 7. Recognition and Enforcement of Arbitral Awards in Chinese Courts Part III Choice of Law 8. Choice of Law in Contracts 9. Choice of Law in Tort 10. Choice of Law in Unjust Enrichment and Negotiorum Gestio 11. Choice of Law in Property 12. Choice of Law in Intellectual Property Part IV Interregional Conflicts and Cooperation 13 Interregional Conflicts and Cooperation between Mainland, Hong Kong, Macau and Taiwan Part V Final Remarks 14. Chinese Conflict of Laws: Past, Present and Future Index

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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