Private international law : contemporary challenges and continuing relevance / edited by Franco Ferrari, Diego P. Fernández Arroyo.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Ferrari, Franco, 1965- editor.

Fernández Arroyo, Diego P., editor.

Series:

Elgar monographs in private international law.

Elgar monographs in private international law

Standardized Title:

Private international law (Contemporary challenges and continuing relevance)

Language:

English

Subjects (All):

Conflict of laws.

Genre:

Essays.

Physical Description:

1 online resource (520 pages)

Place of Publication:

Northampton : Edward Elgar Publishing, 2019.

Summary:

"Is Private International Law (PIL) still fit to serve its function in today's global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration. This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL"-- Provided by publisher.

Contents:

Contents: Introduction / Franco Ferrari and Diego P. Fernández Arroyo

Part I: Certainty versus flexibility

1. Certainty versus flexibility in the conflict of laws / Kermit Roosevelt III

2. Certainty versus flexibility in the EU choice of law system / Francesca Ragno

Part II: Party autonomy

3. Foundation, limits and scope of party autonomy / Giuditta Cordero-Moss

4. The scope and limits of party autonomy in international contracts: a comparative analysis / Symeon C. Symeonides

Part III: Universal values

5. Private international law and the question of universal values / Ralf Michaels

6. Are there universal values in choice of law rules? Should there be any? / Mathias Reimann

Part IV: Private international law and global governance issues

7. Unlocking private international law's potential in global (migration) governance / Verónica Ruiz Abou-Nigm

8. The present and prospective contribution of global private international law unification to global legal ordering / Hans van Loon

Part V: The new challenges of extraterritoriality

9. Extraterritoriality in the public and private enforcement of u.s. Regulatory law / Hannah L. Buxbaum

10. New challenges of extraterritoriality: superposing laws / Matthias Lehmann

Part VI: Current developments in forum access: jurisdiction and forum non conveniens

11. European perspectives on human rights litigation / Martina Mantovani and Burkhard Hess

12. Judicial jurisdiction and forum access: the search for predictable rules / Linda J. Silberman

Part VII: Recognition and enforcement of judgments

13. New challenges in the recognition and enforcement of judgments / Ronald A. Brand

14. New challenges in the context of recognition and enforcement of judgments / Andrea Bonomi

Part VIII: Foreign law in domestic courts

15. Foreign law in domestic courts: challenges and future developments / Yuko Nishitani

16. The challenge of accommodating foreign law in domestic courts / Louise Ellen Teitz

Part IX: Private international law in international arbitration

17. Private international law in international arbitration / George A. Bermann

18. Private international law and arbitration: arbitral determination of the law or rules of law governing the merits / Horacio A. Grigera Naón

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Includes index.

ISBN:

1-78990-690-3