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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Choice of Law and Multistate Justice Special ed

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ISBN13: 9781571053305
ISBN: 1571053301
Published: July 2004
Publisher: Transnational Publishers, Inc
Format: Hardback
Price: £118.00



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A revised version of the late Freidrich Juenger's Hague Lectures, this book presents the most pervasive and trenchant critique of the traditional approaches to choice of law, both of the multilateralist and unilateralist kind, to date. Juenger demonstrates that the conflicts games scholars (and courts) have played for centuries, have simply repeated themselves but have failed to produce convincing answers to the fundamental question of which law should govern a transboundary case. Out of this critique that is historically grounded, broadly comparative, and stylistically captivating, emerges Juenger's passionate argument for substantive justice in conflict cases. In order to accomplish such substantive justice, he suggests, we must seek to transcend the national laws involved and solve conflicts problems by creating special rules that fit the particular demands of transboundary disputes. This is already happening in international commercial arbitration, furthered by the emergence of a new tax mercatoria, and exemplified in unified regimes such as the UN Sales Convention.;An undisputed classic, Juenger's book is, thus, both a timeless critique of the traditional choice-of-law approaches and a timely plea to move beyond them in the age of globalisation.

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