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Characterisation in the Conflict of Laws

Edited by: Johannes Ungerer, Caterina Benini, Felix Berner

ISBN13: 9781509991709
To be Published: April 2027
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00





This collection explores and rethinks how characterisation operates to identify the relevant rules in the conflict of laws in cross-border cases.

Despite its fundamental importance in private international law, characterisation remains methodologically contested and resists uniform treatment. Bringing together scholars and practitioners, the volume offers in-depth and pluralistic accounts of characterisation's distinctive challenges and purposes. It combines historical and doctrinal analysis with new approaches, including inter-cultural and post-categorical perspectives, and examines techniques for rules of national, supranational, and international provenance.

Spanning Common Law, Civil Law, and mixed jurisdictions, the chapters test characterisation in general and in specific areas where it matters most (such as in equity, family, and corporate contexts) as well as at the intersection of private and public international law.

Subjects:
Conflict of Laws
Contents:
Introduction
Caterina Benini, Felix Berner, and Johannes Ungerer

Part One: The History and Theory of Characterisation
1. Historical Perspectives on Characterisation
Martin Gebauer
2. The Mystery of Characterisation
Andrew Dickinson
3. Renvoi De Qualification – The Art of Borrowing Concepts from Foreign Legal Orders for the Purposes of Characterisation
Pietro Franzina
4. Substance and Procedure
Joanna Langille

Part Two: The Challenges of Characterisation in Specific Areas
5. Characterisation of Equitable Doctrines
Man Yip
6. Characterisation of Contractual Arrangements in the Context of Family Law
Alex Critchley
7. Characterisation in International M&A Disputes
Thomas Klink

Part Three: Rethinking Characterisation
8. Characterisation from a Unilateralist Perspective
Jeremy Heymann
9. Against Characterisation
Ralf Michaels
10. Post-Categorical Characterisation
Philomena Hindermann
11. Towards Intercultural Characterisation: Inter-Systemic Thinking and the Cross-Border Dimensions of Domestic Abuse
Verónica Ruiz Abou-Nigm

Part Four: Characterisation at the Intersection of Private and Public International Law
12. Private International Law Treaty Interpretation and Characterisation
Alex Mills
13. Characterisation in the Work of the Hague Conference on Private International Law
Marta Pertegás Sender

Series: Studies of the Oxford Institute of European and Comparative Law

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