This article considers how private international law in Asia and Hong Kong is developing and should be developed, through both theoretical and practical aspects as evidenced in both research and teaching. It considers what is entailed when speaking of the concept of an “Asian private...

"Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and...

This chapter examines the often-cited distinction between private international law and public international law in the context of the UN Convention on Contracts for the International Sale of Goods (‘CISG’). The traditional view holds that private and public international law are separate...

This chapter discusses the role and functioning of private international law in commercial arbitration. It deals with the principal problems of conflict of laws and conflict of jurisdictions that arise in arbitration, the sources of private international law of arbitration, the role of the seat,...

Russia's withdrawal from the Council of Europe and regional conventions on human rights protection, as well as the discussion about the need for Russia to withdraw from the WTO does not affect the implementation of universal agreements in the field of protection and observance of human rights,...

Policy implications• The risk created by expanding the labour pool to workers based in other countries can, if necessary, be dealt with by EU legislative action, for example, through substantive EU employment law. Furthermore, the risk created by expanding the labour pool to workers based in...

States commit to protect citizens' rights through international treaties. With globalization, however, cross-border transactions and transnational relationships have increased the role of non-state actors, in particular corporations. While corporations have indeed transformed the international...

Barbara Pozzo (Università degli Studi dell'Insubria, Como) / Private law and environmental sustainability -- Dario Hug (University of Zurich/University of Neuchâtel and KU Leuven) / Towards a sustainable interpretation of standard contract terms? -- Radosveta Vassileva (Middlesex University) /...

The chapter “Applicable Law” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides principles on the choice of law in international intellectual property matters. The Guidelines confirm the traditional...

Recent introduction of fully-fledged homosexual marriages in certain countries like the Netherlands and Belgium have opened a range of issues which appear difficult to solve. This difficulty is, at least in case of Serbian law, compounded by inadequacy of existing regulation. While it is obvious...

Important aspects of Australia's private international law - including its international commercial arbitration and international sales laws - have international origins. The instruments underlying these laws rely upon uniform interpretation to fulfil their trade promotion purposes. Yet...

In proceedings in front of an arbitrary tribunal, at international such as also, at the national level, the question always arises as to the applicable substantive law. For the purpose of determining the applicable law, the Arbitration largely recognized the principle of party autonomy.This...

The present article offers perspectives on the possible adaptation of traditional connecting factors to the digital space. It analyses cases that pit platform users against each other and cases that pit platform users against the digital platform itself. For the first set of cases, reliable...

On 18 October 2016 the European Court of Justice, in the case Greece v. Nikiforidis, decided: ‘Article 9 (3) of the Regulation No. 503/2008 on the law applicable to contractual obligations must be interpreted as precluding overriding mandatory provisions other than those of the State of the...

The chapter “Jurisdiction” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides where international intellectual property claims can be brought to court. It defines the basic forum at the defendant's...

The emergence and development of global business activities, and the inception of the Internet have resulted in the creation of a new field of legal studies concerning cross-border enforcement of intellectual property (IP) rights. This novel area of law is known as private international law and...

"Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and...

This paper contains materials reflecting the practice of Chinese private international law in 2017. First, the statistics of the foreign-related civil or commercial cases accepted and decided by Chinese courts is extracted from the reports of the Supreme People's Court (SPC), released in 2018,...

The present report is aimed at describing the concept, legal framework, and features of the public policy clause in the Portuguese legal order, and at giving an account of the main applications of this clause in modern Portuguese case law and literature (marriage, children, custodianship,...

The decade since the financial crisis has witnessed a proliferation of various ‘light touch' financial restructuring techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spectrum of insolvency and restructuring law, somewhere between a pure...

The purpose of this article is to dissect the nature of intellectual property rights in the context of private international law. In other words, the primary focus is how private international law, i.e., conflict of laws, from the perspective of jurisdiction, applicable law, and enforcement...

This paper explores how Chinese private international law responds to online data protection from two aspects: jurisdiction and applicable law. Compared with foreign laws, Chinese private international law related to online data protection has two distinct features. Chinese law for personal...

This paper discusses the German conflict of law rules as they apply to companies (ie, the private international law of companies in Germany). Amongst others, it addresses the connecting factor, the scope of the lex societatis, outreach statutes and the possibility of reincorporations in German...

In this paper for a 2018 NYU Conference on “The Continuing Relevance of Private International Law and Its Challenges”, Professor Silberman surveys recent developments in judicial jurisdiction in the United States. Her overall thesis is that the Supreme Court is striving to develop...

Geschädigte von unternehmerischer Tätigkeit im Globalen Süden können zumeist weder die gaststaatliche Konzern- oder Zulieferergesellschaft noch die entsprechende Mutter- oder Abnehmergesellschaft aus dem Globalen Norden in Anspruch nehmen. Paul Meder unter-sucht die einschlägigen...

States commit to protect citizens' rights through international treaties. With globalization, however, cross-border transactions and transnational relationships have increased the role of non-state actors, in particular corporations. While corporations have indeed transformed the international...

One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...

This report examines Corporate Social Responsibility (CSR) in Germany. To this aim, it first takes a closer look at the German definition of CSR as well as the enforcement of CSR rules by the German government and its agencies (at A.). It then assesses the ways in which CSR standards are or may...

The relationship between public and private international law is a topic which has long been debated, and which remains highly controversial. Despite an increasing range of scholarship looking at connections between the two fields, some modern public and private international lawyers would doubt...

This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, provides an assessment of the ongoing work of the Hague Conference on the Judgments Convention. The analysis focuses on the November 2017...

In times of (discussions about) globalisation, due attention must be given to the operation of rules of private international law. Examination of the ongoing developments in private international law itself and in private international law in its interaction with other disciplines from the...

This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, provides an assessment of the ongoing work of the Hague Conference on the Judgments Convention. The analysis focuses on the November 2017...

Amending the traditional economic analysis of law and its assumption of rationality, this paper suggests that behavioural economics can inform a more realistic understanding of private international law, which has been missing to date. Acknowledging the psychological biases which private parties...

“Some people see things as they are and ask 'why'? Others dream things that never were and say 'why not'?” This famous sentence from G. B. Shaw describes the aim of this work accurately. The many failures in the establishment of a European patent system should not discourage the legislator...

This contribution deals with the conflict-of-laws principles governing Financial Instruments, Bonds & Loans, Cheques, Bills of Exchange and Guarantees. It starts with comparative and historic aspects and then goes on to deal with issues regarding the determination of the applicable law. The...

An empirical study of 56 cases from 19 jurisdictions dealing with a paradigmatic instance of ubiquitous infringement – cross-border online infringement of intellectual property (IP) rights – shows that the typical case will:• involve a local plaintiff suing a foreign defendant for a...

This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context....

This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context....

Europe has witnessed an intensive debate on collective redress over the course of the last decade. Discussions in Europe are characterized by opposing views in the Member States and fear for abusive litigation. In June 2013, the European Commission released its long-awaited policy in the form of...