In today’s digitally interconnected world, copyright infringement frequently crosses national borders, presenting complex legal challenges for effective enforcement of intellectual property rights in general, and copyright in particular. This paper examines the challenges associated with...

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...

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,...

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,...

"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...

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...

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) /...

In a study commissioned by Gesamtmetall, the Kiel Institute for the World Economy examines the effects of the German Due Diligence Act, which was passed by the Bundestag in June 2021. The planned EU directive is also addressed. The law will increase costs and risks for companies trading with...

In a study commissioned by Gesamtmetall, the Kiel Institute for the World Economy examines the effects of the German Due Diligence Act, which was passed by the Bundestag in June 2021. The planned EU directive is also addressed. The law will increase costs and risks for companies trading with...

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...

This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UN´s oldest agency, founded in 1919, on the transforming world of work in a global...

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 International Labor Organization plays an important role in international labor regulation. As studies of her practical activities show, ILO concretizes international norms in relation to human rights, in relation to the establishment of standards for the regulation of labor relations and...

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...

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...

Transnational labour governance is in urgent need of a new paradigm of democratic participation, with those who are most affected - typically workers - placed at the centre. To achieve this, principles of industrial democracy and transnational governance must come together to inform institutions...

"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...

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 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,...

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...

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...

The centenary of the International Labour Organization is a timely reminder that the ILO has been a precursor for much of the legal framework that governs international organizations. From the adoption of standard-setting conventions to the supervision of their application and the functioning of...

On the occasion of the centenary of the International Labour Organization (ILO), this 11th special issue of International Development Policy explores the Organization's capacity for action, its effectiveness and its ability to adapt and innovate. The collection of thirteen articles, written by...

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...

Introduction -- Economic competition and the development of International Labour Law -- Multilateral Trade Law and labour -- International investment law and labour -- Preferential trade and investment agreements and labour -- Conclusions.