Codifying Choice of Law Around the World
An International Comparative Analysis
Published on 8. June 2017
Book
Paperback/Softback
464 pages
978-0-19-068996-4 (ISBN)
Description
Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive codification of Private International Law (PrIL), or Conflict of Laws that has taken place in the last 50 years, from 1962-2012. During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions---more than in all preceding years since the inception of PrIL. This book provides a horizontal comparison and discussion of these codifications and conventions, first by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL. In the process, this book re-examines and dispels certain widely held assumptions about choice of law, and the art and science of codification in general.
Written by Symeon C. Symeonides, a renowned PrIL and comparative law expert with extensive first-hand experience in drafting codifications and advising other drafters, Codifying Choice of Law Around the World will serve as an indispensable point of reference for any serious study or discussion of PrIL, and comparative law.
Written by Symeon C. Symeonides, a renowned PrIL and comparative law expert with extensive first-hand experience in drafting codifications and advising other drafters, Codifying Choice of Law Around the World will serve as an indispensable point of reference for any serious study or discussion of PrIL, and comparative law.
Reviews / Votes
Professor Symeonides has made an outstanding contribution to the science of law in this comprehensive treatment of codification in choice of law."Lawrence Collins, Former Justice, UK Supreme Court Reviewers of Symeonides' other works on choice of law have called him 'a conflicts giant' and 'the world's leading expert on comparative conflicts law.' The present book confirms this characterization. . . . Writing it has been a Herculean task. The information and analyses it brings are of great value both for students and practitioners, and not least European lawyers."
Ole Lando, 52 Common Mkt. L. Rev. 1158, 1159 (2015). Symeon Symeonides. . . provides not only a comprehensive description and detailed analysis of [PrIL codifications of the last fifty years], but also a broad evaluation of the state of the art through the lens of codified rules. . . . The book's analysis of the data is sophisticated and multidimensional . . .[providing] the first truly global view. . .a large amount of meticulously compiled data sets . . .[and] Symeonides uses his findings to take the pulse of modern conflicts law more generally in multiple regards. . . .Along the way, he produces a long list of insights that are often novel, sometimes surprising, and always valuable. Beyond all that, the book teaches important lessons, particularly to readers from non-codified systems."
Mathias Reimann, 63 Am. J. Comp. L. 801 (2015). Symeonides's masterful book will be indispensable for anyone interested in the study of PrIL.. . . [His] analysis is comparative on a grand scale. . . . [He] expertly mines PrIL codifications for rich veins of insight into choice-of-law trends . . . [and] enables a genuinely globally informed conversation about PrIL solutions and the opposing trends of internationalism and protectionism . . . , while providing a foundation on which to build comparative approaches to the field. [His] empirical conclusions will reset fundamental methodological and theoretical debates in PrIL across codified and uncodified systems."
American Society of International Law (ASIL) Awards Committee
More details
Language
English
Place of publication
New York
United States
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 27 mm
Weight
774 gr
ISBN-13
978-0-19-068996-4 (9780190689964)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Book
06/2014
Oxford University Press Inc
€166.40
Shipment within 15-20 days
E-Book
04/2014
1st Edition
OUP eBook
€27.49
Available for download
Person
Symeon C. Symeonides is the Alex L. Parks Distinguished Professor of Law and Dean Emeritus at Willamette University School of Law. He is a renowned expert in comparative conflicts law, having published 26 books and more than 100 articles (in seven languages) on conflict of laws, and comparative private international law (PrIL). His work received four scholarly prizes, including one for life-time achievement from the American Society of Comparative Law. Reviewers have called him "a conflicts giant," the "world's leading expert on comparative conflicts law," and the "father of codification." He drafted three path-breaking PrIL codifications and has provided legislative advice to the EU Parliament, the EU Council, and several national governments. He holds degrees in private and public law from the Aristotle University of Thessaloniki, an LL.M and an S.J.D from the Harvard Law School, and three honorary doctorates.
Content
Foreword
Preface
Abbreviations
Lists
List of Choice-of-Law Codifications
List of EU Regulations
List of Conventions
List of Charts
List of Figures
List of Maps
List of Tables
Chapter 1. Introduction
Chapter 2. Law Governing Tort Conflicts
Chapter 3. Party Autonomy in Contract Conflicts
Chapter 4. Codification and Flexibility
Chapter 5. Broad or Narrow Choice of Law: Issue-by-Issue Choice and Depecage
Chapter 6. Codification and Result Selectivism
Chapter 7. The Publicization of PrIL: State Interests, Unilateralism, and International Uniformity
Chapter 8. Conclusions
Appendix. Codifications, Regulations, and Conventions: Alphabetical List and Bibliography
Index
Preface
Abbreviations
Lists
List of Choice-of-Law Codifications
List of EU Regulations
List of Conventions
List of Charts
List of Figures
List of Maps
List of Tables
Chapter 1. Introduction
Chapter 2. Law Governing Tort Conflicts
Chapter 3. Party Autonomy in Contract Conflicts
Chapter 4. Codification and Flexibility
Chapter 5. Broad or Narrow Choice of Law: Issue-by-Issue Choice and Depecage
Chapter 6. Codification and Result Selectivism
Chapter 7. The Publicization of PrIL: State Interests, Unilateralism, and International Uniformity
Chapter 8. Conclusions
Appendix. Codifications, Regulations, and Conventions: Alphabetical List and Bibliography
Index