This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the Law Applicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law.
Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can be justified for the protection of weaker parties or genuine state interests.
This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike.
This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
Rezensionen / Stimmen
provides very useful reading for practitioners and scholars alike * Nordic Journal of International Law 69:529-300, 2000 * provides very useful reading for practitioners and scholars alike * Nordic Journal of International Law, volume 69 * a distinctive and lively examination of the subject and will stimulate thought and analysis, and agreement and disagreement, in the minds of those who read it. It is clear and easy to read, perceptive and opinionated, and a splendid overall contribution to the literature ... No one can be the poorer, or the more confused for having followed this cheerful scholarly account. It demands to be read. * Adrian Briggs, The Law Quarterly Review, January 2000 * Nygh's monograph is a sustained very thoroughly researched work, drawing on a wide range of national and international sources. As a scholarly work, Nygh's book is a sustained , thoughtful and thought provoking analysis, which will doubtless occupy a focal position in the literature on this subject for many years to come. * Jonathon Harris, Civil Justice Quarterly *
Reihe
Sprache
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Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 234 mm
Breite: 156 mm
Dicke: 19 mm
Gewicht
ISBN-13
978-0-19-826270-1 (9780198262701)
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Schweitzer Klassifikation
Peter Nygh is an Australian academic and judge. He is Adjunct Professor in Law at the University of New South Wales, Sydney.
Autor*in
Adjunct Professor of LawAdjunct Professor of Law, University of New South Wales, Australia
1. Introduction ; 2. The source of autonomy ; 3. The limits on the exercise of autonomy ; 4. The validity of the choice of law clause ; 5. The implied or tacit choice ; 6. Contract splitting ; 7. The protection of the weaker party ; 8. The contract sans loi ; 9. Mandatory rules ; 10. The interrelationships between choice of law in contract and tort
