Private International Law in an Era of Change

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Private International Law in an Era of Change

9781035331796 Edward Elgar Publishing
Edited by Morten M. Fogt, Aarhus University, Denmark
Publication Date: 2024 ISBN: 978 1 03533 179 6 Extent: 278 pp
This timely book examines the complex challenges facing modern private international law (PIL). The book brings together expert practitioners and scholars to consider key topics including digitalisation, European civil cooperation, the codification of PIL, and judicial cooperation. Through showcasing the developments that PIL has already undergone and highlighting areas for further advancement, the book provides a well-rounded picture of the relevance and effectiveness of PIL in today’s world.

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Contents
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This timely book examines the complex challenges arising in modern private international law (PIL). The book brings together leading practitioners and scholars to consider the future of this dynamic area of law.

Covering key themes including digitalisation, European civil cooperation, the codification of PIL, and judicial cooperation, the book explores the many forces shaping PIL at a global, regional and domestic level. Authors examine the processes of both harmonisation and fragmentation of PIL, and highlight the continuing importance of territoriality. They focus on areas which have recently undergone transformation, such as family law, the law of succession, blockchain, smart contracts, and property law. Through showcasing the developments that PIL has already undergone and highlighting areas for further advancement, the book provides a well-rounded picture of the relevance and effectiveness of PIL in today’s world.

Private International Law in an Era of Change is an essential resource for academics and practitioners of PIL, including those with an interest in arbitration and dispute resolution, family law and international commercial law.
Critical Acclaim
‘In our increasingly interconnected world, private international law is both growing in importance and evolving quickly. This book is an essential guide to existing law and emerging challenges, giving readers not only a current map but a path forward.’
– Kermit Roosevelt, University of Pennsylvania, USA
Contents
Contents
Foreword: the role of the Court of Justice to the European Union in the matters of PIL vii
Maciej Szpunar
Introduction to Private International Law in an Era of Change 1
Morten M. Fogt
1 Civil cooperation in the EU from 1960 to 2024 49
Peter Arnt Nielsen
2 Regulating digital platforms’ autonomy 69
Marie-Élodie Ancel
3 Digital assets and smart contracts 81
Matthias Lehmann
4 The law applicable to (digital) transfer of digital assets: the transfer of cryptocurrencies via blockchains 127
Burcu Yüksel Ripley
5 Digital judicial cooperation in the area of freedom, security and justice: the judicial cooperation in civil matters 161
Burkhard Hess
6 Fragmentation of European private international law: family matters 177
Thalia Kruger
7 European family courts and inter-country (arbitration?) 205
Gian Paolo Romano
8 International property law and territoriality 231
Marta Pertegás Sender
9 Specific challenges in international succession law 247
Charalambos (Haris) Pamboukis
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