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Unifying and Harmonising Substantive Law and the Role of Conflict of Laws Unifying and Harmonising Substantive Law and the Role of Conflict of Laws 1st Edition by Katharina Boele Woelki ISBN 9004249958 9789004249950

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Unifying and Harmonising Substantive Law and the Role of Conflict of Laws Unifying and Harmonising Substantive Law and the Role of Conflict of Laws 1st Edition Katharina Boele-Woelki Digital Instant Download

Author(s): Katharina Boele-Woelki
ISBN(s): 9789004249950, 9004249958
Edition: 1
File Details: PDF, 4.45 MB
Year: 2010
Language: english
SKU: EB-51249830 Category: Tag:

Unifying and Harmonising Substantive Law and the Role of Conflict of Laws Unifying and Harmonising Substantive Law and the Role of Conflict of Laws 1st Edition by Katharina Boele Woelki – Ebook PDF Instant Download/Delivery: 9004249958, 9789004249950
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ISBN 10: 9004249958 
ISBN 13: 9789004249950
Author: Katharina Boele Woelki

Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfill in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.

Unifying and Harmonising Substantive Law and the Role of Conflict of Laws Unifying and Harmonising Substantive Law and the Role of Conflict of Laws 1st Table of contents:

  • The Concept of Substantive Law:

    • Definition and examples of substantive law (e.g., contract law, tort law, family law, etc.).
    • The importance of unifying substantive law for international transactions, trade, and relations.

  • Conflict of Laws: Principles and Frameworks:

    • The foundational principles of conflict of laws (also known as private international law).
    • The theory behind conflict of laws: jurisdiction, choice of law, and recognition and enforcement of foreign judgments.
    • Mechanisms for resolving conflicts between different legal systems.

  • The Role of International Organizations in Law Harmonization:

    • Overview of international organizations and treaties aimed at harmonizing substantive laws (e.g., the Hague Conference on Private International Law, the European Union’s legal framework).
    • Case studies on successful and ongoing harmonization efforts in specific areas of law, such as commercial law or intellectual property law.

  • The Interaction Between Substantive Law and Conflict of Laws:

    • How substantive law is impacted by conflict of laws, and vice versa.
    • Exploring the relationship between jurisdictional authority and substantive legal principles.
    • The tension between national legal systems and global unification efforts.

  • Unifying Substantive Law: The Prospects and Challenges:

    • Prospects for further unification and harmonization of substantive law at the global level.
    • The challenges posed by cultural, economic, and political differences in the legal systems of various jurisdictions.
    • Evaluating the benefits and drawbacks of a unified approach to substantive law.

  • Case Studies and Practical Applications:

    • In-depth analysis of particular cases or areas of law where unification and harmonization have had significant practical implications.
    • Examples from commercial law, family law, international arbitration, and other areas where conflict of laws plays a critical role.

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