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Private International Law

Contemporary Challenges and Continuing Relevance Edited by Franco Ferrari, Professor of Law, Executive Director, Center for Transnational Litigation, Arbitration and Commercial Law, New York University School of Law, US and Diego P. Fernández Arroyo, Professor of Law, Director of the LLM in Transnational & Dispute Settlement, SciencesPo Law School, Paris, France
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.
Extent: c 520 pp
Hardback Price: $195.00 Web: $175.50
Publication Date: December 2019
ISBN: 978 1 78990 689 9
Availability: Not yet published
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  • Law - Academic
  • Arbitration and Dispute Resolution
  • Private International Law
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.
‘Globalization has tremendously enhanced the number of cross-border transactions and, thereby, the significance of the conflict of laws. But is the localization method conceived in the 19th century for both jurisdiction and the applicable law still appropriate in the 21st? Can it serve purposes of global governance, give effect to universal values, allow for the implementation of national policies, provide legal certainty? The editors and authors, outstanding scholars in this area, provide thoughtful and interesting answers to these pressing questions.’
– Jürgen Basedow, Member of the Institut de Droit International
Contributors include: V.R. Abou-Nigm, G.A. Bermann, A. Bonomi, R.A. Brand, D.P. Fernández Arroyo, F. Ferrari, H.A. Grigera Naón, B. Hess, M. Lehmann, M. Mantovani, R. Michaels, Y. Nishitani, F. Ragno, M. Reimann, K. Roosevelt III, L.J. Silberman, S.C. Symeonides, L.E. Teitz, H. van Loon

Contents:

Introduction
Franco Ferrari and Diego P. Fernández Arroyo

PART I: Certainty v Flexibility 
1. Certainty vs Flexibility in the Conflict of Laws
Kermit Roosevelt III

2. Certainty vs Flexibility in the EU Choice of Law System
Francesca Ragno

PART II: Party Autonomy 
3. Foundations, 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 and 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 PIL 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. Superposing Laws
Matthias Lehmann
 
PART VI: Current Developments in Forum Access: Jurisdiction and Forum Non Conveniens 
11. European Perspectives on Human Rights Litigation
Burkhard Hess and Martina Mantovani

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 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. Arbitral Determination of the law or rules of law governing the merits
Horacio A Grigera Naón

Index