This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as "law" and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as "fact" and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional "law-fact" dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.
List of Authors.-I. General Report.- Treatment of Foreign Law - Dynamics towards Convergence?; Yuko Nishitani.- II. National Reports.- A. National Reports I - Europe.- 1. Belgium, Foreign Law in Belgian Courts - From Theory to Practice; Patrick Wautelet.- 2. Croatia, Foreign Law Before Croatian Authorities - At the Crossroad?; Mirela Zupan.- 3. Czech Republic, Treatment of Foreign Law in the Czech Republic; Monika Pauknerová.- 4. Denmark, Foreign Law in Danish Civil Litigation: A pragmatic approach; Clement Salung Petersen.- 5. Estonia, Applying Foreign Law in Estonia - the Perspective of an e-State; Maarja Torga.- 6. France, The Evolving Balance between the Judge and the Parties in France; Sabine Corneloup.- 7. Germany, Proof of and Information about Foreign law - German Report; Oliver Remien.- 8. Greece, Foreign Law in the Greek Private International Law: Positive Solutions and Future Perspectives; Chryssapho Tsouca.- 9. Hungary, Inconsistencies between Theory and Practice in the Treatment of Foreign Law in Hungary; László Burián and Sarolta Szabó.- 10. Italy, Proof and Information about Foreign Law in Italy; Nerina Boschiero and Benedetta Ubertazzi.- 11. Malta, The Proof and Treatment of Foreign Law in Malta; Paul Cachia.- 12. Poland, Proof and Information about Foreign Law in Poland - Theory and Reality; Michal Wojewoda.- 13. Portugal, Proof of and Information about Foreign Law in Portugal; Rui Manuel Moura Ramo.- 14. Romania, Proof of and Information about Foreign Law in Romania; Flavius George Pancesc.- 15. Spain, The Application of Foreign Laws in Spain - Critical Analysis of the Legal Novelties of 2015; Carmen Azcárraga Monzonís.- 16. Sweden, Proof of and Information about Foreign Law in Civil and Commercial Matters - Swedish Perspectives; Ulf Maunsbach.- 17. The United Kingdom, The Traditional Approach to Foreign Law in Civil Litigation in the Legal Systems of the United Kingdom; Veronica Ruiz Abou-Nigm.- 18. Switzerland, The Principle Iura Aliena Novit Curia and the Role of Foreign Law Advisory Services in Swiss Judicial Practice; Ilaria Pretelli and Shaheeza Lalani.- B. National Reports II - North and South America.- 1. The United States, The Use and Determination of Foreign Law in Civil Litigation in the United States; Peter Hay.- 2. Canada, The Status and the Proof of Foreign Law in Québec; Gérald Goldstein.- 3. Argentina; The Changing Character of Foreign Law in Argentinian Legal System; Diego P. Fernández Arroyo and Paula María All.- 4. Uruguay, Proof of and Information about Foreign Law in Uruguay; Cecilia Fresnedo de Aguirre.- 5. Venezuela, Finding foreign law in Venezuela - General overview; Eugenio Hernández-Bretón and Claudia Madrid Martínez.- C. National Reports III - Asia-Pacific Region and Africa.- 1. Australia, Foreign Law in Australian International Litigation: Developing the Common Law; Mary Keyes.- 2. Japan, Proof of and Information about Foreign Law in Japan; Shunichiro Nakano.- 3. Macau, Proof and Information about Foreign Law in Macau; Guangjian Tu.- 4. Turkey, The Treatment of Foreign Law in Turkey; Zeynep Derya Tarman.- 5. Israel, Proof of and Information about Foreign Law in Israel; Talia Einhorn.- 6. Tunisia, Treatment of Foreign Law in Tunisia; Lotfi Chedly and Béligh Elbalti.- 7. Commonwealth Africa, Foreign Law in Commonwealth African Courts; Richard Frimpong Oppong.- III. Hague Conference on Private International Law.- 1. Hague Conference on Private International Law, The Evolution of Work on Access to Foreign Law at the Hague Conference on Private International Law; Philippe Lortie and Maja Groff.