Private international law / Conflict of laws Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Book SynopsisIn The Financial Courts, Jo Braithwaite analyses thirty years of cases involving the global derivatives markets, exploring the nature of these legal disputes and assessing their impact on financial markets and on commercial law more broadly. Weaving together this substantial body of cases with theoretical insights drawn from the growing literature on the internationalisation of financial law, Braithwaite offers readers a detailed and highly original contribution to the debate about the role of private law in international financial markets. This important work should be read by lawyers, economists and regulators in the field.Trade Review'This is an outstanding contribution to our knowledge of not only the derivatives markets but financial markets more generally. It should be compulsory reading for audience of this journal.' Sir Ross Cranston, Butterworths Journal of International Banking and Financial Law'The book under review provides an excellent cornerstone for further research exploring the evolution of the role of English courts in financial markets in light of technological developments. The book also provides an insightful account of English law that will support comparative studies and research on the roles of national courts in dealing with complex financial transactions in the future.' Christopher Chen, The Modern Law Review'… the book is well written and exudes the vigorous amount of research undertaken. It is a must-read for any practitioner or those interested in the field of financial derivatives as it encapsulates and clearly traces the development of jurisprudence in the field of derivatives litigation. The book will certainly go on to establish itself as one of the most important works in the academic landscape of derivatives.' Namit Bafna, Banking & Finance Law ReviewTable of ContentsIntroduction; 1. The modern derivatives markets; 2. Global markets and the English courts; 3. Interpreting the ISDA master agreement; 4. The regulatory framework for mis-selling claims; 5. Private law claims for mis-selling; 6. The effects of defensive drafting; 7. Challenging decision-making; 8. Challenging choice of jurisdiction; 9. Challenging choice of law; 10. The future of the financial courts.

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

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

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Book SynopsisSachen und die an ihnen bestehenden Rechte, aber auch Wertpapiere sind übertragbare Güter par excellence. Im Sachenrecht begegnen uns dabei heute weltweit mehr oder weniger streng standardisierte Typen bestimmter Rechte. Im Wertpapierrecht lässt sich bei den Wertpapieren des Kredit- und Zahlungsverkehrs sowie den Wertpapieren des Warenverkehrs eine ähnliche Entwicklung hin zu gesteigerter Typizität beobachten. Nicht in dieselbe Richtung verlief in den letzten Jahrzehnten demgegenüber die Entwicklung der Wertpapiere des Kapitalmarkts. Dieser Befund lässt sich dadurch erklären, dass die Wertpapiere des Kapitalmarkts versuchen, die positiven Wirkungen von Typizität mit alternativen Mechanismen zu erreichen. Allerdings scheint dies nur unzureichend zu gelingen, weshalb sich eine behutsame Steigerung von Typizität auch bei den Kapitalmarktpapieren empfiehlt.

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Book SynopsisDie Parteiautonomie ist als Grundprinzip im Recht der vertraglichen und außervertraglichen Schuldverhältnisse anerkannt. In jüngster Zeit ist sie auch im Bereich des nicht-wirtschaftlichen Personenverkehrs auf dem Vormarsch. Paradigmatisch hierfür stehen die im Zuge der Vereinheitlichung des Kollisionsrechts in Europa geschaffenen Rechtswahltatbestände in den verabschiedeten bzw. geplanten Rechtsakten zum Unterhalts-, Scheidungs- und Güterrecht sowie zum Erbrecht. Trotz dieser Entwicklung existieren im Ausgangspunkt Unterschiede zwischen einer weiten Rechtswahlfreiheit im Vertragsrecht einerseits und einem nur beschränkten Ansatz im Familien- und Erbrecht andererseits. Kathrin Kroll-Ludwigs zeigt, dass die bislang angeführten Gründe für eine derartige Beschränkung nicht überzeugen können. Sie plädiert für eine einheitliche Ausgestaltung der Parteiautonomie im europäischen Kollisionsrecht in Form einer freien Rechtswahl der Parteien.

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