Unifying and Harmonising Substantive Law and the Role of Conflict of Laws
Martinus Nijhoff Publishers, Jul 5, 2010 - Law - 288 pages
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 fulfil 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.
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CHAPTER I SETTLING THE PRELIMINARIES
CHAPTER II TERMINOLOGY
Part I THE OBJECTS
PART II THE INTERACTION
adopted american law Institute applicable law applied in cross-border arbitration Boele-woelki choice of law cISg conflict of law contract Principles council of europe court cross-border relationships delict dispute divorce drafted euro european contract law european family law european instrument european Parliament european substantive law european tort law european union family law Series footnote 195 harmonizing substantive law instru international contracts jurisdiction law applicable Law in Europe law of obligations legal systems legislative lex mercatoria mandatory rules mankowski ment model laws national law national substantive law non-national law oHada opt-in party autonomy pean Principles of european private international law private law proposed question respect restatements rome convention rome I regulation sales law scope of application spouses stantive law substantive law instruments substantive law rules tion tional tive treaty uncItral unIdroIt Principles unification uniform acts uniform law uniform substantive law unifying and harmonizing unifying substantive law