The law of open societies : private ordering and public regulation in the conflict of laws
著者
書誌事項
The law of open societies : private ordering and public regulation in the conflict of laws
（Hague Academy of International Law monographs, v. 9）
Brill Nijhoff, c2015
- : hbk
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注記
Includes bibliographical references (p. [579]-626) and index
内容説明・目次
内容説明
This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning - as compared with ex post adjudication - of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
目次
- Excerpt of table of contents: Table of Abbreviations
- Preface
- Introduction
- 1. Private International Law and Social Change 2. Recent Trends in Private International Law 3. Purpose and Methods of Private International Law 4. Private and Public Actors 5. The Levels of Rule-making and the Conflict of Laws 6. Survey Part I From Closed Nation-States to the Open Society Chapter 1 The Advent of the Open Society Section 1: The Open Society in Political Philosophy Section 2: Globalization as a Driving Force of the Open Society Chapter 2 Globalization and the Law Section 1: Legal Underpinnings and Attendants of Globalization Section 2: Consequences for Policy-Making and Regulation Section 3: Outlook Part II Private Ordering Chapter 1 Substantive "Anational" Private Arrangements Section 1: The International Transaction Dilemma Section 2: The Export Trade Section 3: International Tourism: Package Tour Operators Section 4: Conclusion - The Domestication of International Transactions Chapter 2 Theory of Choice of Law and Party Autonomy Section 1: Party Autonomy in International Contract Law Section 2: A Priori and Derivative Conceptions of Party Autonomy Section 3: Theoretical Objections to Party Autonomy Section 4: Theoretical Basis for Freedom of Choice Section 5: Conclusion Chapter 3 New Domains for Party Autonomy Section 1: Contractual Relations Involving Third Parties Section 2: Tort and Delict Section 3: Property Rights Section 4: Persons Section 5: Family Section 6: Succession Section 7 : Procedural Dispositions Section 8: Conclusion Chapter 4 Optional Law in Europe Section 1: The Europeanization of Private Law Section 2: Optional Instruments of the European Union and the Conflict of Laws Section 3: Optional Instruments in International Conventions Section 4: Conclusion Chapter 5 Deliberate Connections (Indirect Choice of Law) Section 1: Connecting Factors Favouring Private Choice Section 2: The Principle of (Mutual) Recognition Section 3: Evasion of Law Section 4: Conclusion Part III Public Regulation Chapter 1 State Action between International and Municipal Law Section 1: Forms and Addressees of State Action Section 2: Objectives of State Action Section 3: Limitations of State Action Section 4: Systematic Considerations and Survey Chapter 2 Foreign Policy Measures and Their Effects in Private Law Section 1: Recognition and Non-recognition of Foreign States or Governments Section 2: Trade Embargoes Section 3: Countermeasures (Blocking Statutes) Chapter 3 Countervailing State Measures for Asymmetric Private Relations Section 1: The "Weaker Party" and Its Protection Section 2: Consumer Protection Section 3: Employment Contracts Section 4: Conclusion Chapter 4 Imperative Norms: Protection of Foundational Principles Section 1: Foundational Principles - a Survey Section 2: The Legal Framework of Unilateral Adjudication - Imperative Norms Section 3: Respect for Foreign Imperative Norms Section 4: Conclusion General Conclusion 1. Social Change - From Closed to Open Societies 2. A Change of Perspective - from Public to Private Ordering 3. Multiple Forms and Expansion of Private Arrangements 4. Public Regulation 5. Paradigm Europe List of Statutory Materials
- Table of Cases
- Bibliography
- Index.
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