Category Archives: Conflict of Laws

‘Book Review: Conflict of Laws on the Internet

“In a world largely of national laws with territorial jurisdiction and enforcement, the internet is a complicating factor. Online activities have the potential for instantaneous, global effects, implicating a variety of national legal regimes. Thus, as the internet becomes increasingly integral to much of our daily lives, conflict of law issues are certain to arise […]

Just Published: The Future of the Law of Contract (ed Michael Furmston)

1. An Overview (Michael Furmston) 2. The Implied Obligation of Good Faith (Howard Hunter) 3. Good Faith and the Supreme Court of Canada (Stephen Waddams) 4. The Quagmire of Utmost Good Faith in Insurance Law: A Comparative Study of Malaysian, Australian, and English Laws in Consumer Insurance Contracts (Cheah You Sum) 5. Objectivity (JW Carter […]

Place of Performance: A Comparative Analysis (Hart Publishing, 2020) by Chukwuma Samuel Adesina Okoli’

“This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance …” […]

Matthew Hoyle, ‘Failures for Consideration: Re‐Analysing Jurisdiction in Unjust Enrichment Claims’

ABSTRACT There has been little attempt to provide a full and coherent analysis of the rules governing service of a claim form out of the jurisdiction in claims concerning unjust enrichment. This lacuna has grown more noticeable since the rules were reformed in 2015, with the continuation of an excessively wide approach that had overrun […]

‘A Newly Released Commentary on the Rome III Regulation’

“A comprehensive Commentary, edited by Professor Sabine Corneloup and published by Edward Elgar Publishing, was recently released providing an in-depth analysis of the Rome III Regulation implementing enhanced cooperation in the area of the law governing cross-border divorce and legal separation. The Commentary is a welcome addition to Elgar’s already thriving ‘Commentaries in Private International […]

‘Private International Law Aspects of Corporate Social Responsibility Ius Comparatum – Global Studies in Comparative Law – Volume 42’

“A new volume in the series of Ius Comparatum – Global Studies in Comparative Law has been recently published by Springer. The volume was edited by Prof. Catherine Kessedjian, Université Panthéon-Assas Paris II Paris, France, and Prof. Humberto Cantú Rivera, School of Law University of Monterrey, Mexico. The book addresses one of the core challenges […]

Symeon Symeonides, ‘Private International Law Bibliography 2019: US and Foreign Sources in English’

Abou-Nigm, VR and Noodt Taquela, MB (eds), Diversity and Integration in Private International Law (2019). Allen, S, Costelloe, D, Fitzmaurice, M, Gragl, P and Guntrip, E, The Oxford Handbook of Jurisdiction in International Law (2019); Amaral, GR, Judicial Precedent and Arbitration – Are Arbitrators Bound by Judicial Precedent? A Comparative Study of UK, US and […]

‘Private international law requirements for the effective enforcement of human rights’

“It is essential for the effective enforcement of human and workers’ rights to create effective local institutions and procedures. This encompasses functioning, trustworthy and accessible civil courts, but also other public, private and criminal institutions and mechanisms (eg permission, licencing or inspection procedures to ensure safety in the workplace; accident insurance; trade unions) …” (more) […]

‘Corporate responsibility and private (international) law’

“Corporate social responsibility has been the subject of lively debates in private international law for many years. These debates revolve around the question of whether companies domiciled in countries of the Global North can be held liable for human rights violations committed by foreign subsidiaries or suppliers in countries of the Global South (so-called supply […]

‘The Private International Law of Virtual Zoom Backgrounds’

“One of the biggest winners of the current pandemic (other than toilet paper producers, conspiracy theorists, and the climate) seems to be the former Silicon Valley startup Zoom, whose videoconferencing solutions have seen its number of daily users increase about thirtyfold since the end of 2019. While the company’s success in a market otherwise dominated […]