Category Archives: Conflict of Laws

‘Book Launch: A Conceptual Analysis of European Private International Law’

“Dr Felix M Wilke (University of Bayreuth, Germany) recently published a new book titled A Conceptual Analysis of European Private International Law. Here is an overview provided by the author …” (more) [Matthias Weller, Conflict of Laws .net, 15 March]

Eesa Allie Fredericks, ‘The consequences of contractual incapacity in private international law’

ABSTRACT In this article, the issue of which legal system should govern the consequences of contractual incapacity is addressed, for instance, that a contract is void, voidable or unenforceable (or that it is valid only after ratification) and that restitution has to be made. Most legal systems do not specifically identify an applicable law in […]

Maria Hook, ‘A First Principles Approach to Couples’ Property in the Conflict of Laws’

ABSTRACT This article asks how the conflict of laws should approach couples’ property as a matter of first principles, by reference to the law of New Zealand. It argues that lawmakers should make full use of the pluralist potential of general conflict of laws methodology, engaging in an explicit evaluation of the many – often […]

‘Brexit and the courts of London, or how England scrambles to remain a relevant jurisdiction’

“On 28 December 2018, the United Kingdom acceded to the Hague Choice of Court Convention (‘HCCC’), which will enter into force on 1 April 2019. With the accession, the UK government anticipates a hard Brexit. Should the UK leave the EU without any additional agreement in place (aka a ‘hard Brexit’ or ‘no deal-Brexit’), the […]

‘Book Launch: Global Private International Law

“Global Private International Law is a new casebook, published by Edward Elgar and edited by Horatia Muir Watt, Lucia Bíziková, Agatha Brandão de Oliveira, and Diego P Fernandez Arroyo. The publisher provided the following summary: …” (more) [Marie Nioche, Conflict of Laws .net, 10 February]

Yann Padova, ‘Is the right to be forgotten a universal, regional, or “glocal” right?’

INTRODUCTION The ‘right to be forgotten’ (RTBF), introduced by the Court of Justice of the European Union (CJEU) in its Google Spain judgment on 13 May 2014 is being examined again before the Court through 11 preliminary questions submitted by the French administrative supreme court (Conseil d’Etat). The 11 questions directly stem from the uncertainty […]

John Coyle, ‘Party Autonomy and the Presumption Against Extraterritoriality’

ABSTRACT What happens when contracting parties attempt to use a choice-of-law clause to bring about the extraterritorial application of statutes that would ordinarily be subject to the presumption against extraterritoriality? Should the choice-of-law clause trump the presumption? Or should the presumption take precedence over the clause? This Essay – a contribution to a symposium on […]

‘The Law Applicable to Smart Contracts, or Much Ado About Nothing?’

“The question of how people can trade with each other independently of national laws is a question that has kept philosophers, economists and lawyers busy for centuries. In recent years, the discussion has been fuelled by the phenomenon of digitalisation and, in particular, by the emergence of smart contracts. Those contracts enable automated execution of […]

‘Global Private International Law: Adjudication without Frontiers’

“Agatha Brandão de Oliveira, Senior Research Assistant at the University of Lucerne, brought to my attention a forthcoming publication bearing the above title. The official book launch will take place on February 7 in Paris …” (more) [Apostolos Anthimos, Conflict of Laws .net, 17 January]

Sagi Peari, ‘The Foundation of Choice of Law: Choice and Equality (Oxford University Press, 2018)’

ABSTRACT The book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called ‘choice equality foundation’ [‘CEF’] which aims to flesh out the normative basis of the subject. The book reveals that, […]