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Conflict of Laws: A Comparative Approach

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Conflict of Laws: A Comparative Approach

Text and Cases

9781785365935 Edward Elgar Publishing
Gilles Cuniberti, Professor of Comparative and Private International Law, University of Luxembourg. He was also a Visiting Professor at Columbia Law School, New York, and National University of Singapore
Publication Date: 2017 ISBN: 978 1 78536 593 5 Extent: 520 pp
The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply

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Critical Acclaim
Contents
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The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply.

Contrary to other manuals or casebooks, which focus on the law of one jurisdiction, this innovative casebook offers a comparative treatment of the field. On each issue, materials from several jurisdictions are discussed and compared. The approach centers on comprehending the common principles of the field, but also highlights the fundamental differences. The goal is to train lawyers who not only will know the law of their own jurisdiction, but also will have an understanding of the key differences existing between the main models, and will thus be able to interact usefully with clients from other jurisdictions.

This casebook systematically presents and compares the laws of four jurisdictions: the United States, the European Union, France and England (where left untouched by EU harmonization). It offers additional insight into rules applicable in China and Japan and also discusses remarkable solutions adopted in a wide range of jurisdictions such as Italy, Germany, the Netherlands, Canada and Tunisia. All materials from non-English speaking jurisdictions have been translated into English.

Key features of the casebook:

• written by a leading authority in the field

• carefully selected extracts from primary and secondary sources build a clear picture of the field

• expert analytical commentary and questions set the extracts in context

• US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments

• numerous references to Chinese and Japanese solutions

• leads students through the field from beginning to end

• perfectly pitched for international students and courses with a global outlook.
Critical Acclaim
‘While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field is now a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!’
– Horatia Muir Watt, Sciences Po Law School, France

‘The author leads the reader through the field from the beginning to end in a most satisfactory way and is “perfectly pitched for international students and courses with a global outlook” as the cover suggests and is a great complement to an undergraduate’s growing law library.’
– The Barrister Magazine

‘L’Autore perviene cosı a identificare convergenze e divergenze, in special modo, tra il ‘‘sistema’’ dell’Unione europea e quello degli Stati Uniti d’America, con particolare riferimento al primo e al secondo Restatement on Conflict of Laws e alla governmental interest analysis, sotto il profilo del metodo e degli istituti di parte generale, quali i profili della qualificazione, delle questioni preliminari, del trattamento processuale delle norme di d.i.p. e del diritto straniero applicabile, offrendo altresı ad un tempo chiavi di accesso ai multiformi approcci e soluzioni adottati nei diversi Stati nordamericani e riflessioni attente sulle conseguenze pratichederivanti dalle variegate impostazioni accolte nei diversi ordinamenti, capaci di instillare un’attitudine al ragionamento orientato al problem solving e di ispirare anche al lettore piu smaliziato nuove chiavi di ragionamento.’
– Rivista di diritto internazionale privato e processuale
Contents
Contents: Introduction PART I Choice of Law 1. Competing Methodologies 2. The Choice of Law Process PART II JURISDICTION 3. General Rules 4. Parallel Litigation 5. Choice of Court Agreements PART III FOREIGN JUDGMENTS 6. Foreign Nation Judgments 7. Sister States Judgments PART IV CONTRACTS 8. Jurisdiction in Contractual Matters 9. Choice of Law in Contractual Matters PART V TORTS 10. Choice of Law in Tort Matters PART VI MARRIAGE 11. Validity of Marriage 12. Divorce Index
eBook
$40.00
eISBN: 978 1 78536 594 2
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