Overview
A revised version of the late Freidrich Juenger's Hague Lectures, this book presents the most pervasive and trenchant critique of the traditional approaches to choice of law, both of the multilateralist and unilateralist kind, to date. Juenger demonstrates that the conflicts games scholars (and courts) have played for centuries, have simply repeated themselves but have failed to produce convincing answers to the fundamental question of which law should govern a transboundary case. Out of this critique that is historically grounded, broadly comparative, and stylistically captivating, emerges Juenger's passionate argument for substantive justice in conflict cases. In order to accomplish such substantive justice, he suggests, we must seek to transcend the national laws involved and solve conflicts problems by creating special rules that fit the particular demands of transboundary disputes. This is already happening in international commercial arbitration, furthered by the emergence of a new tax mercatoria, and exemplified in unified regimes such as the UN Sales Convention. An undisputed classic, Juenger's book is, thus, both a timeless critique of the traditional choice-of-law approaches and a timely plea to move beyond them in the age of globalisation.
Full Product Details
Author: Friedrich Juenger
Publisher: Brill
Imprint: Transnational Publishers Inc.,U.S.
Edition: Special edition
Volume: 2
Dimensions:
Width: 15.50cm
, Height: 2.00cm
, Length: 23.50cm
Weight: 0.653kg
ISBN: 9781571053305
ISBN 10: 1571053301
Pages: 206
Publication Date: 23 February 2005
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: Available To Order 
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.
Table of Contents
Preface to this Edition; Foreword , Symeon Symeonides; A Heavenly Inquiry from Professor Juenger, Michael Traynor; The Natural, John B. Oakley; Beyond Choice of Law and Multistate Justice: Substantive Law Approach and Search for a Reasonable Jurisdiction, Diego P. Fernandez Arroyo; Of Teleology, State Interests and Pluralism in Choice of Law: In Loving Memory of Friedrich K. Juenger, Symeon Symeonides Friedrich Juenger's Vision of Legal Harmony, Leonel Pereznieto-Castro; The Good Word(s) from Fritz Juenger, James A.R. Nafziger; The Vision of the World in the Opus of Friedrich Juenger, Jacob Dolinger Losing the Battle, Winning the War: Juenger's Critique of Interest Analysis, Patrick J. Borchers; Remarks by an Embarrassed But Unrepentant Multilateralist, Mathias Reimann; Preface to the Original Work, Friedrich K. Juenger; Introduction; Chapter I * A Historical Overview; Chapter II * The Classical Choice-of-Law Method; Chapter III * The American Conflicts Revolution; Chapter IV * Orthodoxies and Teleology; Chapter V * Toward a Reorientation of the Conflict of Laws; In Conclusion; Bibliography; Table of Cases; Index.
Reviews
About the feasibility of the remedies Juenger proposes to solve the problems in the context of the conflict of laws one might, of course, be of different opinions, and certainly, his ideas may appear Utopian; yet, one cannot deny the profoundness and truth of his underlying analyses, the positive and persuasive force of argument and the very urgency of the topic.... I can only strongly recommend the reading or re-reading [of this book] to all scholars and promise that they will find the impetus to reflect and to be spurred in their work.
Author Information
Frierich K Juenger was Edward L Barrett Professor of Law at the University of California, Davis.
Tab Content 6
Author Website:
Customer Reviews
Recent Reviews
No review item found!
Add your own review!
Countries Available
All regions
|
