Private International Law: Contemporary Challenges and Continuing Relevance

Author: Franco Ferrari; Diego P. Fernandez Arroyo
Publisher: Edward Elgar Publishing
ISBN: 9781789906899
Published In: December 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Is 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.

Introduction - Franco Ferrari and Diego P. Fernandez Arroyo

PART I: Certainty v Flexibility

1. Certainty vs Flexibility in the Conflict of Laws - Kermit Roosevelt III 2. Certainty vs Flexibility in the EU Choice of Law System - Francesca Ragno

PART II: Party Autonomy

3. Foundations, Limits and Scope of Party Autonomy - Giuditta Cordero-Moss 4. The Scope and Limits of Party Autonomy in International Contracts: A Comparative Analysis - Symeon C. Symeonides

PART III: Universal Values

5. Private International law and the Question of Universal Values - Ralf Michaels 6. Are there Universal Values in Choice of Law Rules and should there be any? - Mathias Reimann

PART IV: Private International Law and Global Governance Issues

7. Unlocking Private International Law's Potential in Global (Migration) Governance - Veronica Ruiz Abou-Nigm 8. The Present and Prospective Contribution of Global PIL Unification to Global Legal Ordering - Hans van Loon

PART V: The New Challenges of Extraterritoriality

9. Extraterritoriality in the Public and Private Enforcement of U.S. Regulatory Law - Hannah L. Buxbaum 10. Superposing Laws - Matthias Lehmann

PART VI: Current Developments in Forum Access: Jurisdiction and Forum Non Conveniens

11. European Perspectives on Human Rights Litigation - Burkhard Hess and Martina Mantovani 12. Judicial Jurisdiction and Forum Access:The Search for Predictable Rules - Linda J. Silberman

PART VII: Recognition and Enforcement of Judgments

13. New Challenges in the Recognition and Enforcement of Judgments - Ronald A. Brand 14. New Challenges in the Recognition and Enforcement of Judgments - Andrea Bonomi

PART VIII: Foreign Law in Domestic Courts

15. Foreign Law in Domestic Courts: Challenges and Future Developments - Yuko Nishitani 16. The Challenge of Accommodating Foreign Law in Domestic Courts - Louise Ellen Teitz

PART IX: Private International Law in International Arbitration

17. Private International Law in International Arbitration - George A. Bermann 18. Arbitral Determination of the law or rules of law governing the merits - Horacio A Grigera Naon

Index