Hardback
Conflict of Laws: A Comparative Approach
Text and Cases
2nd edition
9781839106521 Edward Elgar Publishing
Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
More Information
Critical Acclaim
Contents
More Information
Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
Key features of the second edition include:
• New topics covered in the fields of jurisdiction and foreign judgments
• Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws
• US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments
• Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context
Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.
Key features of the second edition include:
• New topics covered in the fields of jurisdiction and foreign judgments
• Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws
• US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments
• Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context
Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.
Critical Acclaim
‘The coming out of a second edition of this book is particularly welcome. The reality of nowadays’ world, indeed, makes the adoption of a transnational perspective in the study of private international law particularly deserving, making it rather short-sighted to persist in a purely national or regional attitude in addressing the subject. A further distinguishing feature of this textbook lies in its methodological approach, based on a direct confrontation with cases, arising from the practice of various jurisdictions. This second edition introduces important updates, with a fresh discussion of new cases and more recently adopted legislation, particularly from the EU side, keeping up with the unceasing development of the subject.’
– Fabrizio Marongiu Buonaiuti, University of Macerata, Italy
‘A comparative perspective on private international law is essential in a globalized world of constantly interacting legal systems. Yet there is a dearth of teaching materials offering such a perspective. This makes Professor Cuniberti’s Conflict of Laws: A Comparative Approach an especially important contribution to the field. Reflecting the author’s expertise in both comparative law and private international law, the second edition continues to offer both a valuable teaching resource and a useful point of departure for research on comparative private international law.’
– Christopher A. Whytock, University of California, Irvine, US
‘The teaching of private international law is perhaps ever more needful in today’s interconnected world where even the most apparently local of cases can turn out to have x-border implications. Accordingly any students who aspire to legal practise will benefit from a basic understanding of the principles. As Cuniberti has correctly identified the best way for students to understand this complex subject is to start with the cases and the commentary upon them; in this sense this latest edition of Conflict of Laws is a hugely valuable teaching tool, bringing all the content together in one volume making it accessible in terms of length and price.’
– Diana Wallis, University of Hull, UK
Acclaim for the first edition:
‘While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field is now a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!’
– Horatia Muir Watt, Sciences Po Law School, France
– Fabrizio Marongiu Buonaiuti, University of Macerata, Italy
‘A comparative perspective on private international law is essential in a globalized world of constantly interacting legal systems. Yet there is a dearth of teaching materials offering such a perspective. This makes Professor Cuniberti’s Conflict of Laws: A Comparative Approach an especially important contribution to the field. Reflecting the author’s expertise in both comparative law and private international law, the second edition continues to offer both a valuable teaching resource and a useful point of departure for research on comparative private international law.’
– Christopher A. Whytock, University of California, Irvine, US
‘The teaching of private international law is perhaps ever more needful in today’s interconnected world where even the most apparently local of cases can turn out to have x-border implications. Accordingly any students who aspire to legal practise will benefit from a basic understanding of the principles. As Cuniberti has correctly identified the best way for students to understand this complex subject is to start with the cases and the commentary upon them; in this sense this latest edition of Conflict of Laws is a hugely valuable teaching tool, bringing all the content together in one volume making it accessible in terms of length and price.’
– Diana Wallis, University of Hull, UK
Acclaim for the first edition:
‘While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field is now a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!’
– Horatia Muir Watt, Sciences Po Law School, France
Contents
Contents: Preface Introduction to Conflict of Laws: A Comparative Approach PART I CHOICE OF LAW 1. Competing methodologies 2. The choice of law process PART II JURISDICTION 3. Variety of jurisdictional rules 4. Parallel litigation 5. Choice of court agreements PART III FOREIGN JUDGMENTS 6. Foreign nation judgments 7. Sister states’ judgments PART IV CONTRACTS 8. Jurisdiction in contractual matters 9. Choice of law in contractual matters PART V TORTS 10. Choice of law in tort matters Short bibliography Index
