William Cornish, Michael Lobban, and Keith Smith
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258819
- eISBN:
- 9780191718151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258819.003.0009
- Subject:
- Law, Legal History
This chapter outlines the emergence of the conflict of laws or private international law, as a distinct discipline within English municipal law; but one that cannot be severed from either the spread ...
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This chapter outlines the emergence of the conflict of laws or private international law, as a distinct discipline within English municipal law; but one that cannot be severed from either the spread of common law in the Empire or the growth of public international law.Less
This chapter outlines the emergence of the conflict of laws or private international law, as a distinct discipline within English municipal law; but one that cannot be severed from either the spread of common law in the Empire or the growth of public international law.
Peter North
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199270583
- eISBN:
- 9780191710230
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199270583.003.0015
- Subject:
- Law, Legal History
By definition, private international law is fundamentally concerned with a trio of cross-border issues: Do the English courts have jurisdiction to hear a case? What law is the court to apply? And ...
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By definition, private international law is fundamentally concerned with a trio of cross-border issues: Do the English courts have jurisdiction to hear a case? What law is the court to apply? And will the judgments of the courts of another country be recognised in England? One of the interesting themes of the 20th century development of private international law in England was to see the extent to which this characteristic developed and with what consequences. A further significant thread was that of the relationship between public and private international law. This chapter looks at developments in private international law in England at the dawn of the 20th century, including jurisdiction of the courts, recognition of foreign judgments, range of cross-border issues, choice of law, and family law matters. Developments during the 20th century include law reform, interface of public and private international law, law on international trade, and role of the jurist. The legacy of émigré legal scholars from Germany in the field of private international law is also examined.Less
By definition, private international law is fundamentally concerned with a trio of cross-border issues: Do the English courts have jurisdiction to hear a case? What law is the court to apply? And will the judgments of the courts of another country be recognised in England? One of the interesting themes of the 20th century development of private international law in England was to see the extent to which this characteristic developed and with what consequences. A further significant thread was that of the relationship between public and private international law. This chapter looks at developments in private international law in England at the dawn of the 20th century, including jurisdiction of the courts, recognition of foreign judgments, range of cross-border issues, choice of law, and family law matters. Developments during the 20th century include law reform, interface of public and private international law, law on international trade, and role of the jurist. The legacy of émigré legal scholars from Germany in the field of private international law is also examined.
Nils Jansen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199588763
- eISBN:
- 9780191723315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588763.003.0003
- Subject:
- Law, Philosophy of Law
The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the ...
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The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the participants to the legal discourse as a valid expression of the law. This chapter shows that the American restatement approach has also influenced the developments of transnational restatements of the law. The International Institute for the Unification of Private Law (UNIDROIT) has largely applied the terminology and formal style of the American Restatements for its Principles of International Commercial Contracts; and a similar approach was taken, on the European level, by the Lando Commission on European Contract Law. Today, the Restatements' formal style is used by the Study Group on a European Civil Code and by the Acquis Group, the main non-legislative actors in the current political process of unifying European private law.Less
The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the participants to the legal discourse as a valid expression of the law. This chapter shows that the American restatement approach has also influenced the developments of transnational restatements of the law. The International Institute for the Unification of Private Law (UNIDROIT) has largely applied the terminology and formal style of the American Restatements for its Principles of International Commercial Contracts; and a similar approach was taken, on the European level, by the Lando Commission on European Contract Law. Today, the Restatements' formal style is used by the Study Group on a European Civil Code and by the Acquis Group, the main non-legislative actors in the current political process of unifying European private law.
Cedric Ryngaert
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199544714
- eISBN:
- 9780191719943
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199544714.003.0001
- Subject:
- Law, Public International Law
This introductory chapter presents the scope and method of this study. It is set out that this study aims at developing a rule-based framework of jurisdiction under international law, from a ...
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This introductory chapter presents the scope and method of this study. It is set out that this study aims at developing a rule-based framework of jurisdiction under international law, from a transatlantic perspective. In addition, as a preliminary matter, different concepts of jurisdiction — prescriptive or legislative, enforcement, adjudicative, judicial or personal, subject-matter — are clarified. It shows that while this study is mainly concerned with issues of prescriptive jurisdiction under public international law, such issues become inexorably entangled in a web of private international law concepts of jurisdiction and choice of law, because, especially in the field of economic law, States typically apply their laws to private parties, and private parties may have a role to play in enforcing economic laws. Disentanglement requires recourse to one basic principle — reasonableness, the common thread throughout this study.Less
This introductory chapter presents the scope and method of this study. It is set out that this study aims at developing a rule-based framework of jurisdiction under international law, from a transatlantic perspective. In addition, as a preliminary matter, different concepts of jurisdiction — prescriptive or legislative, enforcement, adjudicative, judicial or personal, subject-matter — are clarified. It shows that while this study is mainly concerned with issues of prescriptive jurisdiction under public international law, such issues become inexorably entangled in a web of private international law concepts of jurisdiction and choice of law, because, especially in the field of economic law, States typically apply their laws to private parties, and private parties may have a role to play in enforcing economic laws. Disentanglement requires recourse to one basic principle — reasonableness, the common thread throughout this study.
Alexander Orakhelashvili
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546114
- eISBN:
- 9780191712203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546114.003.0002
- Subject:
- Law, Public International Law
This chapter focuses on the origins of the notion of jus cogens (public order/public policy) and examines its fundamental characteristics by reference to different national legal systems. It then ...
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This chapter focuses on the origins of the notion of jus cogens (public order/public policy) and examines its fundamental characteristics by reference to different national legal systems. It then examines the necessity of jus cogens in international law and some doctrinal objections to it.Less
This chapter focuses on the origins of the notion of jus cogens (public order/public policy) and examines its fundamental characteristics by reference to different national legal systems. It then examines the necessity of jus cogens in international law and some doctrinal objections to it.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0008
- Subject:
- Law, Private International Law
This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the ...
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This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the compromise reached in those negotiations on application of the discretionary common law doctrine of forum non conveniens and the strict civil law doctrine of lis pendens. It also considers work on related issues done by the American Law Institute and the International Institute for the Unification of Private Law (UNIDROIT).Less
This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the compromise reached in those negotiations on application of the discretionary common law doctrine of forum non conveniens and the strict civil law doctrine of lis pendens. It also considers work on related issues done by the American Law Institute and the International Institute for the Unification of Private Law (UNIDROIT).
Irit Mevorach
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199544721
- eISBN:
- 9780191705564
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199544721.003.0001
- Subject:
- Law, Company and Commercial Law
This introductory chapter sets the scope and focus of this work. It explains that the book deals with multinational enterprise groups (MEGs) and the event of their financial distress, and it ...
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This introductory chapter sets the scope and focus of this work. It explains that the book deals with multinational enterprise groups (MEGs) and the event of their financial distress, and it delineates the key complexities involved with this issue. It explains that the book attempts to offer a framework for critically analysing means of treating insolvencies within MEGs, and that it also applies this framework when examining possible rules and procedures for dealing with MEG insolvencies. It explains that the works takes a multi-tiered approach considering for any insolvency mechanism how it fits with problems of insolvency, company law theory (the problem of groups), and of private international law. The chapter also delineates the structure of the book.Less
This introductory chapter sets the scope and focus of this work. It explains that the book deals with multinational enterprise groups (MEGs) and the event of their financial distress, and it delineates the key complexities involved with this issue. It explains that the book attempts to offer a framework for critically analysing means of treating insolvencies within MEGs, and that it also applies this framework when examining possible rules and procedures for dealing with MEG insolvencies. It explains that the works takes a multi-tiered approach considering for any insolvency mechanism how it fits with problems of insolvency, company law theory (the problem of groups), and of private international law. The chapter also delineates the structure of the book.
Christopher Forsyth
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199270583
- eISBN:
- 9780191710230
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199270583.003.0014
- Subject:
- Law, Legal History
This chapter reviews the work and influence of Kurt Lipstein, starting with his major work on Roman law. Lipstein's early interest in Roman law is not without its enduring significance. It is more ...
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This chapter reviews the work and influence of Kurt Lipstein, starting with his major work on Roman law. Lipstein's early interest in Roman law is not without its enduring significance. It is more than sixty years since he first began supervising Roman law in Cambridge University, England, and he is still introducing undergraduates to that subject. In Cambridge at least, the study of the law of Rome remains a vital (and compulsory) part of the Law Tripos. Lipstein knows better than most the importance of Roman law in the formation of the understanding and mind of scholarly lawyers. Lipstein's work on the Roman law of suretyship and private international law, the latter of which covers unjustified enrichment and the conflict of laws, is also discussed, along with his views on the rules of international tribunals regarding private international law, and his foray into the law of intellectual property.Less
This chapter reviews the work and influence of Kurt Lipstein, starting with his major work on Roman law. Lipstein's early interest in Roman law is not without its enduring significance. It is more than sixty years since he first began supervising Roman law in Cambridge University, England, and he is still introducing undergraduates to that subject. In Cambridge at least, the study of the law of Rome remains a vital (and compulsory) part of the Law Tripos. Lipstein knows better than most the importance of Roman law in the formation of the understanding and mind of scholarly lawyers. Lipstein's work on the Roman law of suretyship and private international law, the latter of which covers unjustified enrichment and the conflict of laws, is also discussed, along with his views on the rules of international tribunals regarding private international law, and his foray into the law of intellectual property.
Alexander Orakhelashvili
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546114
- eISBN:
- 9780191712203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546114.003.0020
- Subject:
- Law, Public International Law
This chapter examines how international jus cogens can be introduced into national legal systems through the devices of private international law, which is a question separate from what is dealt with ...
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This chapter examines how international jus cogens can be introduced into national legal systems through the devices of private international law, which is a question separate from what is dealt with in Chapter 18. It considers two options: the direct private international law effect of jus cogens; and international jus cogens/public policy being reflected in national public policies. Following up on this latter issue, the impact of jus cogens on the Act of State doctrine is examined. The jurisprudence of national courts is comprehensively covered.Less
This chapter examines how international jus cogens can be introduced into national legal systems through the devices of private international law, which is a question separate from what is dealt with in Chapter 18. It considers two options: the direct private international law effect of jus cogens; and international jus cogens/public policy being reflected in national public policies. Following up on this latter issue, the impact of jus cogens on the Act of State doctrine is examined. The jurisprudence of national courts is comprehensively covered.
Nadja Alexander
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0002
- Subject:
- Law, Comparative Law, Private International Law
This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of ...
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This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of private international law in mediation and the extent to which harmonisation initiatives — as opposed to legal diversity — offer advantages or disadvantages to cross-border mediation law and practice. As applicable mediation law is often the same for cross-border and domestic applications, the chapter introduces a contemporary and broad definition of mediation law and offers a structure for thinking about the form and content of mediation law. Here multi-disciplinary factors shaping mediation law, such as political, economic, organisational and behavioural–psychological perspectives, are examined together with more traditional legal considerations. These and other factors add real-life texture to cross-border legal instruments relevant to mediation and are vital to achieve a balanced and informed perspective on the topic. International illustrations are presented throughout the chapter with specific sections on European and international instruments of private international law.Less
This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of private international law in mediation and the extent to which harmonisation initiatives — as opposed to legal diversity — offer advantages or disadvantages to cross-border mediation law and practice. As applicable mediation law is often the same for cross-border and domestic applications, the chapter introduces a contemporary and broad definition of mediation law and offers a structure for thinking about the form and content of mediation law. Here multi-disciplinary factors shaping mediation law, such as political, economic, organisational and behavioural–psychological perspectives, are examined together with more traditional legal considerations. These and other factors add real-life texture to cross-border legal instruments relevant to mediation and are vital to achieve a balanced and informed perspective on the topic. International illustrations are presented throughout the chapter with specific sections on European and international instruments of private international law.
Alex Mills
- Published in print:
- 2014
- Published Online:
- March 2015
- ISBN:
- 9780198727620
- eISBN:
- 9780191793684
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198727620.003.0013
- Subject:
- Law, Private International Law, Constitutional and Administrative Law
This chapter argues that private international law (PIL) rules constitute a form of international ‘public’ ordering or global governance, and it explores some of the implications of this argument for ...
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This chapter argues that private international law (PIL) rules constitute a form of international ‘public’ ordering or global governance, and it explores some of the implications of this argument for the international development of PIL. It examines recent developments in federal systems—the European Union, Canada, and Australia—which demonstrate the emergence of a similar ‘public’ perspective on PIL at a regional level. The chapter then considers two major problems with the idea that developments within federal systems can be transplanted or applied by analogy at the international level—hierarchy and heterarchy—, as well as the potential of two ideas which present responses to these problems. The chapter concludes that these ideas have a potentially important impact on a range of international law questions, and they should form a key part of the research agenda for studies of global governance both within and beyond the context of PIL.Less
This chapter argues that private international law (PIL) rules constitute a form of international ‘public’ ordering or global governance, and it explores some of the implications of this argument for the international development of PIL. It examines recent developments in federal systems—the European Union, Canada, and Australia—which demonstrate the emergence of a similar ‘public’ perspective on PIL at a regional level. The chapter then considers two major problems with the idea that developments within federal systems can be transplanted or applied by analogy at the international level—hierarchy and heterarchy—, as well as the potential of two ideas which present responses to these problems. The chapter concludes that these ideas have a potentially important impact on a range of international law questions, and they should form a key part of the research agenda for studies of global governance both within and beyond the context of PIL.
Alessandro Chechi
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198703990
- eISBN:
- 9780191773228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198703990.003.0003
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter consists of three parts. The first part examines the national and international norms that may apply to the adjudication of cultural heritage disputes. It shows how the international law ...
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This chapter consists of three parts. The first part examines the national and international norms that may apply to the adjudication of cultural heritage disputes. It shows how the international law concerning cultural heritage has emerged as a distinct field of international law and that this composite legal framework is affected by important drawbacks. The second part examines the existing methods of dispute settlement—litigation before national and international courts and alternative dispute resolution (ADR) methods. It is argued that, while for many disputes there is no possible substitute for litigation, ADR methods may constitute an effective avenue for the resolution of cultural heritage disputes. The third part takes a step back to discuss strategies of dispute avoidance. For this purpose, it examines several examples of international cooperation drawn from the diplomatic and contractual practice of States, museums, international organizations and other stakeholders.Less
This chapter consists of three parts. The first part examines the national and international norms that may apply to the adjudication of cultural heritage disputes. It shows how the international law concerning cultural heritage has emerged as a distinct field of international law and that this composite legal framework is affected by important drawbacks. The second part examines the existing methods of dispute settlement—litigation before national and international courts and alternative dispute resolution (ADR) methods. It is argued that, while for many disputes there is no possible substitute for litigation, ADR methods may constitute an effective avenue for the resolution of cultural heritage disputes. The third part takes a step back to discuss strategies of dispute avoidance. For this purpose, it examines several examples of international cooperation drawn from the diplomatic and contractual practice of States, museums, international organizations and other stakeholders.
Lokke Moerel
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199662913
- eISBN:
- 9780191746208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199662913.003.0008
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter discusses the interaction of Binding Corporate Rules (BCR) with rules of private international law (PIL), which is twofold. First there is the traditional function of PIL, where for ...
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This chapter discusses the interaction of Binding Corporate Rules (BCR) with rules of private international law (PIL), which is twofold. First there is the traditional function of PIL, where for instance a choice of law and forum made in BCR has to comply with rules of PIL. This requires answering the following questions: Which instruments of PIL are in scope? Do the rules of PIL take precedence over the applicability and jurisdiction regime of the Directive? Is a choice of law possible under the Directive? How the BCR applicability and enforcement regime can be best set up to avoid the current pitfalls under the employee and consumer protection regimes of PIL are discussed. The second function of PIL is as a potential source of ‘meta-norms’ for BCR. The chapter discusses how the BCR applicability and enforcement regime can be best aligned with the underlying policy choices behind PIL instruments and doctrines in order to be able to achieve universal acceptance of BCR.Less
This chapter discusses the interaction of Binding Corporate Rules (BCR) with rules of private international law (PIL), which is twofold. First there is the traditional function of PIL, where for instance a choice of law and forum made in BCR has to comply with rules of PIL. This requires answering the following questions: Which instruments of PIL are in scope? Do the rules of PIL take precedence over the applicability and jurisdiction regime of the Directive? Is a choice of law possible under the Directive? How the BCR applicability and enforcement regime can be best set up to avoid the current pitfalls under the employee and consumer protection regimes of PIL are discussed. The second function of PIL is as a potential source of ‘meta-norms’ for BCR. The chapter discusses how the BCR applicability and enforcement regime can be best aligned with the underlying policy choices behind PIL instruments and doctrines in order to be able to achieve universal acceptance of BCR.
Perry Keller
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780198268550
- eISBN:
- 9780191728518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268550.003.0008
- Subject:
- Law, Intellectual Property, IT, and Media Law
Chapter Seven examines the relationship between cross border flows of media content and the development of European and international rules of jurisdiction. It covers both the principles that govern ...
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Chapter Seven examines the relationship between cross border flows of media content and the development of European and international rules of jurisdiction. It covers both the principles that govern the application of public laws and regulations to foreign based content providers and the rules of private international law that concern the domestic resolution of civil disputes. This includes the European Union principle of establishment as a basis for national regulatory jurisdiction as well as the Brussels I Regulation. The Chapter looks at the development of international rules demarcating authority over radio spectrum and jurisdiction over broadcast services and then discusses different approaches to the problem of applying territorially based jurisdictional to internet based media services. It also discusses efforts to reach multilateral solutions, including work within the Hague Conference on Private International Law.Less
Chapter Seven examines the relationship between cross border flows of media content and the development of European and international rules of jurisdiction. It covers both the principles that govern the application of public laws and regulations to foreign based content providers and the rules of private international law that concern the domestic resolution of civil disputes. This includes the European Union principle of establishment as a basis for national regulatory jurisdiction as well as the Brussels I Regulation. The Chapter looks at the development of international rules demarcating authority over radio spectrum and jurisdiction over broadcast services and then discusses different approaches to the problem of applying territorially based jurisdictional to internet based media services. It also discusses efforts to reach multilateral solutions, including work within the Hague Conference on Private International Law.
Irit Mevorach
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198782896
- eISBN:
- 9780191826115
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198782896.003.0003
- Subject:
- Law, Company and Commercial Law, Private International Law
This chapter considers how modified universalism may be elevated from a broad approach to a recognized, international legal source that can be invoked and applied in a more concrete and consistent ...
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This chapter considers how modified universalism may be elevated from a broad approach to a recognized, international legal source that can be invoked and applied in a more concrete and consistent manner across legal systems in circumstances of international insolvencies. It draws from sources of international law and, specifically, the concept of customary international law (CIL). CIL is a key legal source that fills gaps in international treaties, influences treaty regimes, and regulates in areas not covered by treaties or by other instruments or regarding countries that are not parties to a treaty or to another regime. CIL is also useful as a debiasing mechanism because its application does not require active action by all participants. The chapter suggests how modified universalism can transform into CIL. It also highlights the prominent international role of private international law and, thus, the role of actors and participants in international insolvencies as creators and guardians of international law.Less
This chapter considers how modified universalism may be elevated from a broad approach to a recognized, international legal source that can be invoked and applied in a more concrete and consistent manner across legal systems in circumstances of international insolvencies. It draws from sources of international law and, specifically, the concept of customary international law (CIL). CIL is a key legal source that fills gaps in international treaties, influences treaty regimes, and regulates in areas not covered by treaties or by other instruments or regarding countries that are not parties to a treaty or to another regime. CIL is also useful as a debiasing mechanism because its application does not require active action by all participants. The chapter suggests how modified universalism can transform into CIL. It also highlights the prominent international role of private international law and, thus, the role of actors and participants in international insolvencies as creators and guardians of international law.
Horatia Muir Watt
- Published in print:
- 2014
- Published Online:
- March 2015
- ISBN:
- 9780198727620
- eISBN:
- 9780191793684
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198727620.003.0019
- Subject:
- Law, Private International Law, Constitutional and Administrative Law
This final chapter looks back at the arguments presented in this book and envisages possible directions of work to come. Will the initial effort to use skeptical, critical, or alternative approaches ...
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This final chapter looks back at the arguments presented in this book and envisages possible directions of work to come. Will the initial effort to use skeptical, critical, or alternative approaches to the field of private international law have a future? Where does this future lie? Clearly, this heterodox project calls for some consolidation. An alternative would be to maintain a largely theoretical stance, if only through the importation within the largely conservative private international legal academy, of viewpoints developed outside the mainstream in other fields. There remains two functions for the conflict of laws to fulfill. The first is to spell out its legal regime. The second involves the tool-kit of private international law.Less
This final chapter looks back at the arguments presented in this book and envisages possible directions of work to come. Will the initial effort to use skeptical, critical, or alternative approaches to the field of private international law have a future? Where does this future lie? Clearly, this heterodox project calls for some consolidation. An alternative would be to maintain a largely theoretical stance, if only through the importation within the largely conservative private international legal academy, of viewpoints developed outside the mainstream in other fields. There remains two functions for the conflict of laws to fulfill. The first is to spell out its legal regime. The second involves the tool-kit of private international law.
Gerhard Dannemann
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199270583
- eISBN:
- 9780191710230
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199270583.003.0013
- Subject:
- Law, Legal History
Legal scholars who left National Socialist Germany for Britain ranged from graduate students to some of the most eminent members of their profession. Martin Wolff can safely be said to have figured ...
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Legal scholars who left National Socialist Germany for Britain ranged from graduate students to some of the most eminent members of their profession. Martin Wolff can safely be said to have figured on the latter end of that scale. He is widely acclaimed as one of the greatest law teachers of the 20th century. For more than half a century, his treatise on property law was the leading aurhority in its field for courts, practitioners, scholars, and students alike. At the same time, Wolff was respected as an authority on German commercial law and family law. His strong teaching and research interests in private international law and comparative law gave him a familiarity with the common law which many other German émigré law scholars were lacking. This chapter chronicles the life of Wolff in Germany and his emigration to England, his works on private international law and their influence on academic writing and on courts, his work and life at Oxford University, his social life, other people's personal impressions of him, and the late recognition he received.Less
Legal scholars who left National Socialist Germany for Britain ranged from graduate students to some of the most eminent members of their profession. Martin Wolff can safely be said to have figured on the latter end of that scale. He is widely acclaimed as one of the greatest law teachers of the 20th century. For more than half a century, his treatise on property law was the leading aurhority in its field for courts, practitioners, scholars, and students alike. At the same time, Wolff was respected as an authority on German commercial law and family law. His strong teaching and research interests in private international law and comparative law gave him a familiarity with the common law which many other German émigré law scholars were lacking. This chapter chronicles the life of Wolff in Germany and his emigration to England, his works on private international law and their influence on academic writing and on courts, his work and life at Oxford University, his social life, other people's personal impressions of him, and the late recognition he received.
Christian Von Bar
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199270583
- eISBN:
- 9780191710230
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199270583.003.0025
- Subject:
- Law, Legal History
Kurt Lipstein, an émigré legal scholar from Germany who escaped to England, occupies an eminent place in the European history of the private international law of the 20th century. The majority of ...
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Kurt Lipstein, an émigré legal scholar from Germany who escaped to England, occupies an eminent place in the European history of the private international law of the 20th century. The majority of what should be considered the most important writings of Lipstein are scattered among many and various journals, collections of essays, Festschriften, encyclopedias, and the like. Some of them are those out of which the discipline of private international law has been created worldwide. Although it may be a matter of subjective judgement to a certain degree, his Hague lecture might be the best study of the history and development of the general theory of private international law composed in English. Another of these pieces is his analysis of the private international law applicable in international courts as their lex fori. This chapter looks at the life of Lipstein as an émigré legal scholar, his education and emigration to England, his works on private international law as well as European law and comparative law.Less
Kurt Lipstein, an émigré legal scholar from Germany who escaped to England, occupies an eminent place in the European history of the private international law of the 20th century. The majority of what should be considered the most important writings of Lipstein are scattered among many and various journals, collections of essays, Festschriften, encyclopedias, and the like. Some of them are those out of which the discipline of private international law has been created worldwide. Although it may be a matter of subjective judgement to a certain degree, his Hague lecture might be the best study of the history and development of the general theory of private international law composed in English. Another of these pieces is his analysis of the private international law applicable in international courts as their lex fori. This chapter looks at the life of Lipstein as an émigré legal scholar, his education and emigration to England, his works on private international law as well as European law and comparative law.
Lauri Mälksoo
- Published in print:
- 2015
- Published Online:
- May 2015
- ISBN:
- 9780198723042
- eISBN:
- 9780191789625
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198723042.003.0003
- Subject:
- Law, Public International Law, Comparative Law
The chapter discusses and ‘translates’ main debates in the post-Soviet Russian theory of international law, such as the question whether individuals and transnational companies can be subjects of ...
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The chapter discusses and ‘translates’ main debates in the post-Soviet Russian theory of international law, such as the question whether individuals and transnational companies can be subjects of international law, what is the relationship between international and Russia’s domestic law, and what is the relationship between public and private international law. Further it is discussed how the predominance of the statist (etatist) school of thought is reflected in the discussion of concrete issues of international law such as sovereignty, right of peoples to self-determination, use of military force, human rights, and international economic law. The conclusion is that Russian theory of international law tends to have different accents and positions than what have become mainstream in the post-World War II ‘liberal’ West.Less
The chapter discusses and ‘translates’ main debates in the post-Soviet Russian theory of international law, such as the question whether individuals and transnational companies can be subjects of international law, what is the relationship between international and Russia’s domestic law, and what is the relationship between public and private international law. Further it is discussed how the predominance of the statist (etatist) school of thought is reflected in the discussion of concrete issues of international law such as sovereignty, right of peoples to self-determination, use of military force, human rights, and international economic law. The conclusion is that Russian theory of international law tends to have different accents and positions than what have become mainstream in the post-World War II ‘liberal’ West.
Horatia Muir Watt
- Published in print:
- 2014
- Published Online:
- March 2015
- ISBN:
- 9780198727620
- eISBN:
- 9780191793684
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198727620.003.0001
- Subject:
- Law, Private International Law, Constitutional and Administrative Law
While ongoing debates reveal emerging responses to distributional issues beyond the Western welfare state, and new conceptions of private transnational authority, it seems that PIL stands aloof, ...
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While ongoing debates reveal emerging responses to distributional issues beyond the Western welfare state, and new conceptions of private transnational authority, it seems that PIL stands aloof, claiming process-based neutrality or the apolitical nature of private law technique. As a result, its tools and methods are paradoxically unequipped to deal with the most significant cross-border legal difficulties which might have been expected to fall within its remit. This is particularly true in respect of the governance of transnational non-state power. At the same time, the new thinking from other fields which seeks to fill the void tends in many instances to reinvent the wheel, ignoring the fact that legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision have long been part of the daily fare of PIL. The crucial issue now is whether PIL can, or indeed should, survive as a discipline.Less
While ongoing debates reveal emerging responses to distributional issues beyond the Western welfare state, and new conceptions of private transnational authority, it seems that PIL stands aloof, claiming process-based neutrality or the apolitical nature of private law technique. As a result, its tools and methods are paradoxically unequipped to deal with the most significant cross-border legal difficulties which might have been expected to fall within its remit. This is particularly true in respect of the governance of transnational non-state power. At the same time, the new thinking from other fields which seeks to fill the void tends in many instances to reinvent the wheel, ignoring the fact that legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision have long been part of the daily fare of PIL. The crucial issue now is whether PIL can, or indeed should, survive as a discipline.
