Private international law / Conflict of laws Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Book SynopsisThis invaluable review focuses on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The text also discusses timeless questions that reflect specific features and fundamental issues of this ever-changing subject area, whilst drawing attention to the broader regulatory framework and significant challenges to traditional approaches under way. This will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.Trade Review‘The book edited by Professor Liukkunen provides excellent guidance through the development and principles of modern conflict-of-laws rules in the field of cross-border employment relations.’ -- Michael Bogdan, University of Lund, SwedenTable of ContentsContents: Acknowledgements Introduction Ulla Liukkunen PART I POINTS OF DEPARTURE [145 pp] 1. Karl E. Klare (1982), ‘The Public/Private Distinction in Labour Law’, University of Pennsylvania Law Review, 130 (6), 1358–422 [65] 2 Guy Davidov (2002), ‘The Three Axes of Employment Relationships: A Characterization of Workers in Need of Protection’, University of Toronto Law Journal, 52 (4), Autumn, 357–418 [62] 3. Marie-Ange Moreau (2013), ‘The Reconceptualization of the Employment Relationship and Labour Rights through Transnationality’, Comparative Labor Law and Policy Journal, 34 (3), 697–714 [18] PART II TERRITORIALITY AND EXTRATERRITORIALITY [65 pp] 4. Robin Morse (2008), ’Choice of Law, Territoriality and National Law: The Case of Employment’, in Hélène Gaudemet-Tallon (ed.), Vers de Nouveaux Équilibres Entre Ordres Juridiques: Liber Amicorum, France: Dalloz, 763–74 [12] 5. Louise Merrett (2010),’The Extra-Territorial Reach of Employment Legislation’, Industrial Law Journal, 39 (4), December, 355–81 [27] 6. William B. Gould IV (2010), ’Labor Law Beyond U.S. Borders: Does What Happens Outside of America Stay Outside of America?’, Stanford Law and Policy Review, 21, 401–26 [26] PART III EMPLOYMENT CONTRACTS AND THEIR CONFLICTS RULES [202 pp] 7. Symeon C. Symeonides (2009), ‘Result-Selectivism in Private International Law’, Willamette Law Review, 46 (1), 1–32 [32] 8. Patrick J. Borchers (2008), ‘Categorical Exceptions to Party Autonomy in Private International Law’, Tulane Law Review, 82 (5), 1645–61 [17] 9. C.G.J. Morse (1982), ’Contracts of Employment and the E.E.C. Contractual Obligations Convention’ in P. M. North D.C.L. (ed.), Contract Conflicts The E.E.C. Convention on the Law Applicable to Contractual Obligations: A Comparative Study, Chapter 7, Amsterdam, The Netherlands and New York, UK and Oxford, UK: North-Holland Publishing Company, 143–84 [42] 10. B. A. Hepple (1978), ‘Conflict of Laws on Employment Relationships Within the E.E.C’, in K. Lipstein (ed.) Harmonization of Private International Law, London, UK: University of London Institute of Advanced Legal Studies, 39–48 [10] 11. M. Franzen (2007), ’Conflicts of Law in Employment Contract and Industrial Relations’, in R. Blanpain (ed.), Comparative Labour Law and Industrial Relations in Industrialized Market Economies, Chapter 9, Alphen aan den Rijn, Netherlands: Wolters Kluwer, 215–35 [21] 12. Richard Kidner (1998), ‘Jurisdiction in European Contracts of Employment’, Industrial Law Journal, 27 (2), June, 103–20 [18] 13. Sebastian Krebber (1999), ’Conflict of Laws in Employment in Europe’, Comparative Labor Law and Policy Journal, 21 (3), 501–41 [41] 14. C. G. J. Morse (1992), ’Consumer Contracts, Employment Contracts and the Rome Convention’, International and Comparative Law Quarterly, 41 (1), January, 1–21 [21] PART IV POSTING OF WORKERS AS EU DILEMMA [148 pp] 15. Paul Davies (1997), ’Posted Workers: Single Market or Protection of National Labour Law Systems?’, Common Market Law Review, 34 (3), 571–602 [32] 16. Guillermo Palao Moreno (2002), ’Multinational Groups of Companies and Individual Employment Contracts in Spanish and European Private International Law’, Yearbook of Private International Law, Volume IV, Munich, Germany: Dr. Otto Schmidt, 303–34 [32] 17. Louise Merrett (2011), ‘Posted Workers in Europe from a Private International Law Perspective’, Cambridge Yearbook of European Legal Studies, 13, October, 219–44 [26] 18. Jonas Malmberg and Tore Sigeman (2008), ’Industrial Actions and EU Economic Freedoms: The Autonomous Collective Bargaining Model Curtailed by the European Court of Justice’, Common Market Law Review, 45 (4), 1115–46 [32] 19. Ulla Liukkunen (2012), ’Collison Between the Economic and the Social – What Has Private International Law Got to Do With It?’ in Pia Letto-Vanamo and Jan Smits (eds), Coherence and Fragmentation in European Private Law, Munich, Germany: Dr. Otto Schmidt, 125–50 [26] PART V INDUSTRIAL ACTION, CHOICE OF LAW AND LEGAL LIABILITY [57 pp] 20. Guillermo Palao Moreno (2007), ’The Law Applicable to a Non-Contractual Obligation with Respect to an Industrial Action’, In Peter Sarcevic, Andrea Bonomi and Paul Volken (eds), Yearbook of Private International Law, Volume IX, Munich, Germany: Dr. Otto Schmidt, 115–25 [11] 21. Filip Dorssemont and Aukje van Hoek (2011), ’Collective Action in Labour Conflicts under the Rome II Regulation (Part I)’, European Labour Law Journal, 2 (2), June, 48–75 [28] 22. Filip Dorssemont and Aukje van Hoek (2011), ’Collective Action in Labour Conflicts under the Rome II Regulation (Part II)’, European Labour Law Journal, 2 (2), June, 101–18 [18] PART VI TRANSNATIONAL DIMENSION OF COLLECTIVE BARGAINING AND EMPLOYEE PARTICIPATION [117 pp] 23. Etienne Pataut (2016), ’Collective Agreements in Europe: European Social Dialogue and Contractual Autonomy’, in Jürgen Basedow, Chen Su, Matteo Fornaiser and Ulla Liukkenen (eds), Employee Participation and Collective Bargaining in Europe and China, Heidelberg, Germany: Mohr Siebeck Verlag, 83–101 [19] 24. Achim Seifert (2012), ’Transnational Collective Bargaining: The Case of the European Union’ in Kitty Malherbe, Julia Sloth-Nelson (eds), Labour Law into the Future: Essays in honour of D’Arcy du Toit, South Africa: JUTA, 76–96 [21] 25. Rüdiger Krause (2012), ’International Framework Agreements as Instrument for the Legal Enforcement of Freedom of Association and Collective Bargaining? The German Case’, Comparative Labour Law and Policy Journal, 33, 749–73 [25] 26. Alvin L. Goldman (2012), ‘Enforcement of International Framework Agreements Under U.S. Law’, Comparative Labour Law and Policy Journal, 33, 605–34 [30] 27. Achim Seifert (2008), ‘Global Employee Information and Consultation Procedures in Worldwide Enterprises’, International Journal of Comparative Labour Law and Industrial Relations, 24 (3), 327–48 [22] PART VII TRANSNATIONAL AND GLOBAL ISSUES – PRIVATE REGIMES WITHOUT STATE [134 pp] 28. Katherine Van Wezel Stone (1994–1995), ’Labor and the Global Economy: Four Approaches to Transnational Labor Regulation’, Michigan Journal of International Law, 16, 987–1028 [42] 29. David M. Trubek, Jim Mosher and Jeffrey S. Rothstein (2000), ’Transnationalism in the Regulation of Labor Relations: International Regimes and Transnational Advocacy Networks’, Law and Social Inquiry, 25 (4), October, 1187–211 [25] 30. Silvana Sciarra (2006), ’Collective Exit Strategies: New Ideas in Transnational Labour Law’ in Brian Langille and Guy Davidov (eds), The Idea of Labour Law, Oxford, UK: Hart Publishing, 405–19 [15] 31. Guy Mundlak (2009), ’De-Territorializing Labor Law’, Law and Ethics of Human Rights, 2 (3), 189–222 [34] 32. Ulla Liukkunen (2014), ’Transnational Labour Law and Fundamental Labour Rights – Making Chinese Workers Matter?’ in Roger Blanpain Chen Yifeng and Ulla Liukkunen (eds), China and ILO Fundamental Principles and Rights at Work, Chapter 10, Alphen aan den Rijn, Netherlands: Wolters Kluwer, 163–80 [18]

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Book SynopsisNotwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making. This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - from a broad range of stakeholders, including academics and judges from the EU and the US. Dialogue of both a vertical (between national and European courts) and horizontal (between national courts) nature is visible in the growing number of preliminary references to the CJEU in European private law. Combined with activism on the part of national courts and the growing importance of regulators, this dialogue brings about new forms of development of European private law. This book offers a case-based analysis of these processes, highlighting the need to focus on the instruments of dialogue and cooperation, and pressing beyond the prevailing focus on constitutional dialogue to reveal a new perspective on the private law sphere. Judicial Cooperation in European Private Law will appeal to scholars, students, practising lawyers and judges interested in the creation and development of European private law at both national and EU levels.Contributors include: F. Cafaggi, A.C. Ciacchi, F. Gómez Pomar, M. Józon, S. Law, K. Lyczkowska, M. Safjan, A.J. Scirica, C. TimmermansTrade Review'In 2014, the European Commission proposal for an optional European sales law was withdrawn. Meanwhile, the discussion of a European private law has become very successful. The existing acquis has been supplemented by a wealth of case law. This has resulted in an intensive dialogue of national courts, the Court of Justice of the European Union and the European Court of Human Rights. In this book, the recent arrival on the scene of European and national regulators is welcomed and analysed.' --Ewoud Hondius, University of Utrecht, the NetherlandsTable of ContentsContents: 1. Judicial dialogue in European private law: introductory remarks Fabrizio Cafaggi and Stephanie Law 2. Looking Behind the Scene of Judicial Cooperation in Preliminary Procedures Christiaan Timmermans 3. Fields of Application of the Charter of Fundamental Rights and Constitutional Dialogues in the European Union Marak Safjan 4. The Structure of US Federal and State Courts and Mechanisms for Formal and Informal Resolution of Conflicts Anthony J. Scirica 5. Spanish Courts, the European Court and Consumer Law: Some Thoughts on their Interaction Fernando Gómez Pomar and Karolina Lyczkowska 6. The Methodology of Judicial Cooperation in Unfair Contract Terms Law Mónika Józon 7. The CJEU’s Interpretation of the Consumer: What Significance of Judicial Cooperation? Stephanie Law 8. European fundamental rights and private litigations: judicial dialogue and judicial governance Aurelia Colombi Ciacchi 9. On the Transformations of European Consumer Enforcement Law: Judicial and Administrative Trialogues, Instruments and Effects Fabrizio Cafaggi Index

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Book SynopsisThis timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.Key features include: the first book to focus on jurisdiction strategies in intellectual property litigation coverage of intellectual property and private international law analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige helpful diagrams and tables providing easy access to key information and decision points a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.Trade Review‘This book gives an expert overview of jurisdiction rules in the field of intellectual property and stands as a must-have for any practitioner, student and scholar interested in international intellectual property litigation. This guide will definitely be a strategic asset in everyone’s library.' -- Journal of Intellectual Property Law & Practice‘Intellectual Property Jurisdiction Strategies: Where to LitigateTable of ContentsPART I: INTRODUCTION 1. Introduction PART II: NUMBER OF JURISDICTION RULES 2. Jurisdiction framework 3. Jurisdiction rules PART III: NATURE OF JURISDICTION RULES 4. General principles 5. Defendant’s domicile rule 6. Establishment rule 7. Plaintiff’s domicile rule 8. Multiple defendants' rule 9. Forum delicti rule 10. Central division rule 11. Exclusive jurisdiction rule PART IV: CONCLUSION 12. Conclusion Index

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

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Book 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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