Private International Law as Component of the Law of the Forum

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Martinus Nijhoff Publishers, Jan 3, 2012 - Law - 360 pages
In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.
 

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Contents

CHAPTER I THE PURPOSE OF THIS GENERAL COURSE
13
CHAPTER II HOW INTERNATIONAL IS PRIVATE INTERNATIONAL LAW ?
25
CHAPTER III WHY AND IN WHOSE INTEREST DO COURTS APPLY FOREIGN LAW ?
47
CHAPTER IV SOME CHARACTERISTIC FEATURES OF CONFLICT RULES
79
CHAPTER V DO ARBITRAL TRIBUNALS HAVE A LEX FORI ?
103
CHAPTER VI SHOULD CONFLICT RULES AND FOREIGN LAW BE APPLIED EX OFFICIO ?
108
CHAPTER VII THE PRINCIPLE OF LOYAL APPLICATION OF FOREIGN LAW
137
CHAPTER VIII CLASSIFICATION
169
CHAPTER XI ABUSE OF PRIVATE INTERNATIONAL LAW
258
CHAPTER XII FOREIGN RULES MADE BY NONSTATE OR UNRECOGNIZED ENTITIES
278
CHAPTER XIII LEGAL PHENOMENA UNKNOWN TO THE LEX FORI
287
CHAPTER XIV PRELIMINARY QUESTIONS
291
CHAPTER XV THE PROBLEM OF EQUIVALENCE
303
CHAPTER XVI ADJUSTMENT
309
CHAPTER XVII FOREIGN PUBLIC LAW
314
BIBLIOGRAPHY
330

CHAPTER IX RENVOI
202
CHAPTER X PUBLIC POLICY AND OVERRIDING MANDATORY RULES
214

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About the author (2012)

Michael Bogdan is Professor of Comparative and Private International Law in the Law Faculty of the University of Lund. He is member, and former President, of GEDIP (Groupe europ en de droit international priv ). He is also member of the International Academy of Comparative Law and associated member of the Institut de droit international.