Overview

This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.

Full Product Details

Author:   Jürgen Basedow
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   9
Dimensions:   Width: 16.00cm , Height: 4.30cm , Length: 24.00cm
Weight:   1.207kg
ISBN:  

9789004296794

ISBN 10:   9004296794
Pages:   662
Publication Date:   16 June 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Excerpt of table of contents: Table of Abbreviations; Preface; Introduction; 1. Private International Law and Social Change 2. Recent Trends in Private International Law 3. Purpose and Methods of Private International Law 4. Private and Public Actors 5. The Levels of Rule-making and the Conflict of Laws 6. Survey Part I From Closed Nation-States to the Open Society Chapter 1 The Advent of the Open Society Section 1: The Open Society in Political Philosophy Section 2: Globalization as a Driving Force of the Open Society Chapter 2 Globalization and the Law Section 1: Legal Underpinnings and Attendants of Globalization Section 2: Consequences for Policy-Making and Regulation Section 3: Outlook Part II Private Ordering Chapter 1 Substantive “Anational” Private Arrangements Section 1: The International Transaction Dilemma Section 2: The Export Trade Section 3: International Tourism: Package Tour Operators Section 4: Conclusion – The Domestication of International Transactions Chapter 2 Theory of Choice of Law and Party Autonomy Section 1: Party Autonomy in International Contract Law Section 2: A Priori and Derivative Conceptions of Party Autonomy Section 3: Theoretical Objections to Party Autonomy Section 4: Theoretical Basis for Freedom of Choice Section 5: Conclusion Chapter 3 New Domains for Party Autonomy Section 1: Contractual Relations Involving Third Parties Section 2: Tort and Delict Section 3: Property Rights Section 4: Persons Section 5: Family Section 6: Succession Section 7 : Procedural Dispositions Section 8: Conclusion Chapter 4 Optional Law in Europe Section 1: The Europeanization of Private Law Section 2: Optional Instruments of the European Union and the Conflict of Laws Section 3: Optional Instruments in International Conventions Section 4: Conclusion Chapter 5 Deliberate Connections (Indirect Choice of Law) Section 1: Connecting Factors Favouring Private Choice Section 2: The Principle of (Mutual) Recognition Section 3: Evasion of Law Section 4: Conclusion Part III Public Regulation Chapter 1 State Action between International and Municipal Law Section 1: Forms and Addressees of State Action Section 2: Objectives of State Action Section 3: Limitations of State Action Section 4: Systematic Considerations and Survey Chapter 2 Foreign Policy Measures and Their Effects in Private Law Section 1: Recognition and Non-recognition of Foreign States or Governments Section 2: Trade Embargoes Section 3: Countermeasures (Blocking Statutes) Chapter 3 Countervailing State Measures for Asymmetric Private Relations Section 1: The “Weaker Party” and Its Protection Section 2: Consumer Protection Section 3: Employment Contracts Section 4: Conclusion Chapter 4 Imperative Norms: Protection of Foundational Principles Section 1: Foundational Principles – a Survey Section 2: The Legal Framework of Unilateral Adjudication – Imperative Norms Section 3: Respect for Foreign Imperative Norms Section 4: Conclusion General Conclusion 1. Social Change – From Closed to Open Societies 2. A Change of Perspective – from Public to Private Ordering 3. Multiple Forms and Expansion of Private Arrangements 4. Public Regulation 5. Paradigm Europe List of Statutory Materials; Table of Cases; Bibliography; Index.

Reviews

Author Information

Prof. Dr. Dr.h.c.mult. Jürgen Basedow, LL.M. (Harvard Univ.) is Director of the Max Planck Institute for Comparative and International Private Law, Hamburg; Professor of Law, Univ. of Hamburg; Membre associé de l’Institut de droit international; Titular Member and Secretary General of the International Academy of Comparative Law (2008-2014); member of numerous advisory bodies at the German and EU level, inter alia Chairman of the German Monopolies Commission (2000 to 2008); member of the Groupe européen de droit international privé and of Deutscher Rat für Internationales Privatrecht.

Tab Content 6

Author Website:  

Countries Available

All regions