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Vol 21 No 11 Nov/Dec 2016

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Codifying Choice of Law Around the World: An International Comparative Analysis


ISBN13: 9780199360840
Published: June 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £88.00



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Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive country-by-country codification of Private International Law (PrIL) or Conflict of Laws that has taken place in the last 50 years from 1962-2012.

During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions--more than in all preceding years since the inception of PrIL. This book provides a horizontal comparison and discussion of these codifications and conventions, firstly by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL. In the process, this book re-examines and dispels certain widely held assumptions about choice of law, and the art and science of codification in general.

Written by Symeon C. Symeonides, a renowned PrIL and comparative law expert with extensive first-hand experience in drafting codifications and advising other drafters, Codifying Choice of Law Around the World will serve as an indispensable point of reference for any serious study or discussion of PrIL and comparative law.

Subjects:
Conflict of Laws, Comparative Law
Contents:
FOREWORD
PREFACE
SUMMARY OF CONTENTS
DETAILED TABLE OF CONTENTS
ABBREVIATIONS
LIST OF CHOICE-OF-LAW CODIFICATIONS
LIST OF EU REGULATIONS
LIST OF CONVENTIONS
LIST OF CHARTS
LIST OF FIGURES
LIST OF MAPS
LIST OF TABLES
CHAPTER 1. INTRODUCTION
CHAPTER 2. LAW GOVERNING TORT CONFLICTS
CHAPTER 3. PARTY AUTONOMY IN CONTRACT CONFLICTS
CHAPTER 4. CODIFICATION AND FLEXIBILITY
CHAPTER 5. BROAD OR NARROW CHOICE OF LAW: ISSUE-BY-ISSUE CHOICE AND DEPECAGE
CHAPTER 6. CODIFICATION AND RESULT SELECTIVISM
CHAPTER 7. THE PUBLICIZATION OF PRIL: STATE INTERESTS, UNILATERALISM, AND INTERNATIONAL UNIFORMITY
CHAPTER 8. CONCLUSIONS
APPENDIX. CODIFICATIONS, REGULATIONS, AND CONVENTIONS: ALPHABETICAL LIST AND BIBLIOGRAPHY
INDEX