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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Lord Denning: Life, Law and Legacy



  


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


ISBN13: 9789004186835
Published: July 2010
Publisher: Brill Nijhoff
Country of Publication: The Netherlends
Format: Pocketbook
Price: £15.00



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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.

Subjects:
Conflict of Laws

Series: Pocketbooks of the Hague Academy of International Law

"Soft Law" in International Commercial Arbitration ISBN 9789004462892
Published April 2021
Brill Academic Publishers
£15.00
Procedure and Substance in International Environmental Law ISBN 9789004444379
Published December 2020
Brill Nijhoff
£18.00
£18.00
Treaties and their Practice: Symptoms of Their Rise or Decline ISBN 9789004394568
Published January 2019
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The Allocation of Power between Arbitral Tribunals and State Courts ISBN 9789004388918
Published November 2018
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£18.00
International Law Relating to Islands ISBN 9789004361539
Published February 2018
Brill Nijhoff
£18.00
International Arbitration and Private International Law ISBN 9789004348257
Published June 2017
Brill Nijhoff
£18.00
The Law of Global Governance ISBN 9789004279117
Published July 2014
Brill Nijhoff
£15.00
The Secession of States and Their Recognition in the Wake of Kosovo ISBN 9789004257481
Published August 2013
Brill Nijhoff
£15.00
Non-discrimination in the World Trade Organization ISBN 9789004233140
Published July 2012
Brill Nijhoff
£18.00
Private International Law as Component of the Law of the Forum ISBN 9789004226340
Published January 2012
Brill Nijhoff
£18.00
£18.00
£18.00
International Humanitarian Law: Theory, Practice, Context ISBN 9789004179103
Published July 2011
Brill Academic Publishers
£18.00
Lis Pendens in International Litigation ISBN 9789004179097
Published September 2009
Brill Academic Publishers
£15.00
Aspects Philosophiques du Droit de l'Arbitrage International ISBN 9789004171480
Published July 2008
Brill Academic Publishers
£15.00
£15.00