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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Unifying and Harmonising Substantive Law and the Role of Conflict of Laws

ISBN13: 9789004186835
Published: July 2010
Publisher: Martinus Nijhoff Publishers
Country of Publication: The Netherlends
Format: Pocketbook
Price: £13.00

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Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships.

Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification.

Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws.

In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.

Conflict of Laws

Series: Pocketbooks of the Hague Academy of International Law

The Law of Global Governance ISBN 9789004279117
Published July 2014
Martinus Nijhoff Publishers
Chinese Contemporary Perspectives on International Law: History, Culture and International Law ISBN 9789004236134
Published December 2012
Martinus Nijhoff Publishers
Non-discrimination in the World Trade Organization ISBN 9789004233140
Published July 2012
Martinus Nijhoff Publishers
Private International Law as Component of the Law of the Forum ISBN 9789004226340
Published January 2012
Martinus Nijhoff Publishers
Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective ISBN 9789004218543
Published December 2011
Martinus Nijhoff Publishers
The Public International Law Regime Governing International Investment ISBN 9789004186828
Published July 2011
Martinus Nijhoff Publishers
International Humanitarian Law: Theory, Practice, Context ISBN 9789004179103
Published July 2011
Brill Academic Publishers
Lis Pendens in International Litigation ISBN 9789004179097
Published September 2009
Brill Academic Publishers
Aspects Philosophiques du Droit de l'Arbitrage International ISBN 9789004171480
Published July 2008
Brill Academic Publishers