This book examines the problems of choice of law where transactions cross borders and involve shares or other securities of different nationalities. It considers dealings in securities under the traditional direct holding system and under the modern system of holding through intermediaries. Various theories and legislative reforms have been suggested in an attempt to resolve these two methods, and the book examines the extent to which they provide a viable solution.

Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.

To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.

This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed. Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in 'live' issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the 'supply' and 'demand' sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.

The discipline of offshore financial law has developed substantially since the first edition of this book was published. The second edition updates the reader with developments in case law and legislation and also covers a more extensive range of offshore jurisdictions including new coverage of Switzerland, Dubai, Hong Kong, Alaska, Nevada, Singapore, and Liechtenstein. For ease of reference the new edition includes an introductory chapter which gives a summary of the legislative infrastructure in the various jurisdictions. This provides a quick guide to where to find answers on offshore financial law matters. Recognizing the importance of Islamic finance there is now a chapter on the Shari'a Trust in offshore financial law. Other new chapters focus on US 'Offshore' Trusts such as the Nevada and Alaska Trusts and the Foundation trust, a vehicle used in civil jurisdictions. Considering the impact of the G20 and more recent OECD discussions on confidentiality, disclosure, and tax issues, this new edition brings the reader up to date with the changing regulatory landscape concerning the offshore sector. All practitioners and scholars interested in offshore financial law will find this text to be an essential reference source on the law and practice in this sector.

Nearly twenty years after its original publication, The Idea of Private Law is widely recognized as a seminal contribution to legal philosophy, and one of the leading attempts to explain and justify the moral foundations of private law. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and non-instrumental moral practice, with its own structure and rationality. Weinrib draws on Kant and Aristotle to set out an approach to private law that repudiates the identification of law with politics or economics. Weinrib argues that private law is to be understood not as a mechanism for promoting efficiency but as a juridical enterprise in which coherent public reason elaborates the norms implicit in the parties' interaction. Private law, Weinrib tells us, embodies a special morality that links the doer and the sufferer of harm. Weinrib elucidates the standpoint internal to this morality, in opposition to functionalists, who view private law as an instrument in the service of external and independently justifiable goals. After establishing the inadequacy of functionalist approaches, Weinrib traces the implications of the formalism he proposes for our ideas of the structure, coherence, and normative grounding of private law. Furthermore, the author shows how this formalism manifests itself in the leading doctrines of private law liability. Finally, he describes the public but non-political role of the courts in articulating the special morality of private law. This revised edition makes accessible one of the major works of modern legal theory. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

Nearly twenty years after its original publication, The Idea of Private Law is widely recognized as a seminal contribution to legal philosophy, and one of the leading attempts to explain and justify the moral foundations of private law. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and non-instrumental moral practice, with its own structure and rationality. Weinrib draws on Kant and Aristotle to set out an approach to private law that repudiates the identification of law with politics or economics. Weinrib argues that private law is to be understood not as a mechanism for promoting efficiency but as a juridical enterprise in which coherent public reason elaborates the norms implicit in the parties' interaction. Private law, Weinrib tells us, embodies a special morality that links the doer and the sufferer of harm. Weinrib elucidates the standpoint internal to this morality, in opposition to functionalists, who view private law as an instrument in the service of external and independently justifiable goals. After establishing the inadequacy of functionalist approaches, Weinrib traces the implications of the formalism he proposes for our ideas of the structure, coherence, and normative grounding of private law. Furthermore, the author shows how this formalism manifests itself in the leading doctrines of private law liability. Finally, he describes the public but non-political role of the courts in articulating the special morality of private law. This revised edition makes accessible one of the major works of modern legal theory. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

The digital era shows an unprecedented worldwide flow of data within multinational companies and their external service providers. Binding Corporate Rules (BCRs) are designed to allow these companies to transfer personal data across borders in compliance with EU Data Protection Law. This is the first work to give an in-depth assessment of the BCR regime. It discusses the origins of the regime and the material requirements of BCR, as well as how they should be applied in practice and made binding on the companies and employees. It also covers how BCRs may provide for enforceable rights for the beneficiaries of the regime and how they should be brought in line with requirements of European rules on private international law. The work also analyses a number of significant academic debates in the areas of transnational private regulation and data protection. It reflects on the debates as to the legitimacy of transnational private regulation as a method of regulating corporate conduct and also focuses on the merits and shortcomings of BCR as a method for regulating global data transfers. This book is essential reading for those who need to understand more about the BCR regime, and require insight into how cross-border data transfers could be better protected in the future.

This pack includesThe Rome II Regulation and a brand new updating supplement which brings the main work up to date and incorporates substantive developments since publication of the book in December 2008.
The main work, The Rome II Regulation: The Law Applicable to Non-Contractual Obligations has become a major reference work to practitioners as it provides the first user-friendly article-by-article commentary to the Regulation. It considers related issues, such as the vires of the "Rome II Regulation" and its relationship to other EC instruments creating or affecting rules of private international law.
The brand new updating supplement updates the main work and draws attention to legislation implementing the Regulation in the United Kingdom, incorporates recent ECJ cases concerning other EC private international law instruments and new decisions of the English courts concerning the pre-Regulation rules of applicable law, and to recent books and journal articles providing further colour to the picture surrounding the Regulation since its adoption in January 2009. It maintains the currency of the main work and is an essential purchase for commercial law practitioners, academics and students with a special interest in cross-border issues.

This is a practical guide to the problems which arise when litigation has a foreign element, for example:
. The defendant is resident abroad: do the English courts have jurisdiction?
. Is it best to bring proceedings in England or in another country?
. How do you enforce a foreign judgment in England?
. Can you get security for costs because the defendant is resident abroad?
. When do the English courts apply foreign law?
This area is a minefield. It may require navigating through complex EU instruments -the Judgments Regulation, the Brussels or Lugano Conventions - and working out how they relate to each other and to the traditional common law rules. Difficult tactical points may arise, such as whether to ignore foreign proceedings on the basis that a foreign default judgment may be unenforceable in England. Practical issues may include how to serve process in any particular foreign country - can you do it by post, or through agents? Must you serve through official channels?
This book deals with these matters in a practical non-academic way, with detailed guidance to procedure. It sets out the jurisdictional rules in alphabetical order based on the type of claim - contract, insurance, land etc - and clearly explains the inter-relation of the different regimes. It addresses controversial issues such as whether the English courts can ever decline to exercise jurisdiction derived from the EU instruments. It has a focused treatment of specialist areas such as insolvency, employment and shipping. It makes extensive use of tables, flow charts and examples."

Co-published by Oxford University Press and the International Law Institute, and prepared in close cooperation with the Office of the Legal Adviser of the United States Department of State, The Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field.
Each annual volume compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, executive orders, Senate committee reports, press releases and federal legislation and regulations. All the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market.
Like the Commission on European Contract Law's "Principles of European Contract Law," the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law.
The principles furnish each of the national jurisdictions a grid of reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for molding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model.
The "Principles of European Law" are published in co-operation with Bruylant (Belgium), Oxford University Press (United Kingdom) and Staempfli Publishers Ltd. (Switzerland).

There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.

To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.

This companion to Transnational Commercial Law: Text, Cases and Materials contains up-to-date primary materials for students without linking commentary. This compilation of instruments covers areas such as treaty law, contracts, electronic commerce, international sales, agency and distribution, international credit transfers and bank payment undertakings, international secured transactions, cross-border insolvency, securities settlement and securities collateral, conflict of laws, civil procedure, and commercial arbitration

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).

This is the first-ever comprehensive guide to address the laws, regulations, and practices of the thirty major industrial democracies comprising the Organization for Economic Cooperation and Development (OECD). Each of the thirty chapters focuses on one country and is written by area experts including scholars, practitioners, and consultants. Chapter by chapter, these regional experts present the details under their respective national regimes that govern political activity by foreign businesses and investors. A short introductory chapter notes the similarities and, most importantly, the differences among national regimes.
As businesses and investments become more global, business organizations of all sizes law firms, lobbying groups, management consultancies, manufacturers, investment banks interact with foreign political systems. To combat recent corruption scandals, the United States has strictly enforced its Foreign Corrupt Practices Act, thus exposing businesses to heightened risk when trying to advance their business without running afoul of local laws and regulations.

This book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgments and interim measures from the Court's creation in 1945 until the present day. ICJ judgments and provisional measures from the Corfu Channel case in the late 1940s to the Arrest Warrant Case decided in 2002 are examined, with particular focus on state practice.
After explaining the legal bases for the obligation of compliance and the enforcement of ICJ decisions, the author analyses all decisions that gave rise to an obligation of compliance. The analysis is contextual, taking into account the history of the dispute, the underlying political interests, the parties' attitudes towards involvement of the ICJ, and the substance of the applicable law.
This analysis reveals that the compliance record for judgments is generally satisfactory, whereas that for provisional measures is at first sight rather poor. Yet the record for provisional measures must be understood in a more nuanced light. In several cases, the applicant gained at least a certain benefit from the decision even though it was not (or was not fully) implemented. The author examines the reasons for the difference in the track records of judgments and provisional measures and explores mechanisms that could be conducive to enhanced compliance.

This unique one-volume monograph offers commentary on the contract law of twenty key jurisdictions as it applies to online business. The text provides legal counsel and businesspeople with practical information about electronic transactions and contract formation, as well as a description of the country's general legal framework and an overview of the country's scheme of online business regulation.
Features in-depth analysis of key practice issues
. General principles of contract law
. E-commerce legislation in force
. Electronic transactions
. Effective formation of online contracts (e-contracts)
. When and how an offer is made to create an online contract
. When and where an online contract is formed
. Shrinkwrap and clickwrap issues
. Digital signatures
. Evidentiary issues
. "Self-help" issues
. Special provisions to include in online contracts
. Legislation governing online contracts
In addition to the country coverage, Online Contract Formation includes a wealth of supplementary material: sample agreements and forms, topical contract-related commentary, and source documents.
Sample Forms/Agreements, including:
. Checklist including tips on how to make your online agreement more enforceable
. Sample click-through agreement for purchasing goods over the Internet
. Sample clauses for arbitration agreements with respect to both consumer and commercial transactions
. Sample terms and conditions for a website
. Website development agreement
. Links agreement
Sample commentary, including:
. Glossary of online business terms
. Jurisdictional Issues in International E-Commerce Contracts
. Effective Formation of Contracts by Electronic Means, and Dispute Resolution in the New E-conomy: Still More Questions than Answers
Key sources/documents include:
. (US) Electronic Signatures Act (ESIGA)
. Uniform Electronic Commerce Act (Canada)
. Canada's Uniform Law Conference of Canada Uniform Electronic Commerce Act
. UNCITRAL Draft Uniform Rules on Electronic Signatures."

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision - deliberate or otherwise - not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.

In this comprehensive comparative study, Ronan Feehily analyses the legal and regulatory issues surrounding international commercial mediation and discusses their implications in a range of settings. While existing literature tends to cover mediation in general, Feehily places the commercial mediation process in its legal and regulatory context, offering an original contribution to the field. The book identifies the controversies that arise from the mediation process across numerous jurisdictions and discusses them in detail. Comparing the mediation process in Europe, North America and Australia, as well as other common, civil and 'mixed' jurisdictions, Feehily demonstrates where systemic differences are transcended and where they are significant. Organised systematically and written in an accessible style, Feehily offers an international, holistic guide to the commercial mediation process.

In this comprehensive comparative study, Ronan Feehily analyses the legal and regulatory issues surrounding international commercial mediation and discusses their implications in a range of settings. While existing literature tends to cover mediation in general, Feehily places the commercial mediation process in its legal and regulatory context, offering an original contribution to the field. The book identifies the controversies that arise from the mediation process across numerous jurisdictions and discusses them in detail. Comparing the mediation process in Europe, North America and Australia, as well as other common, civil and 'mixed' jurisdictions, Feehily demonstrates where systemic differences are transcended and where they are significant. Organised systematically and written in an accessible style, Feehily offers an international, holistic guide to the commercial mediation process.

New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law.

The contemporary landscape of transnational political economy is dominated by networks. Public and private networks, and networks that combine public and private actors, cross borders, exert regulatory power and their activities often harm third parties. However, tort law as a traditional source of remediation for third party harms appears impotent when faced with the problem of regulating the 'society of networks'. This book, using a systems theory framework, retraces the emergence of tort law in modernity and highlights how two models of normative ascription - personal responsibility and organizational liability - have come to shape existing tort law's ambivalence towards network phenomena. This book breaks new ground by leaving behind the national law 'frame of reference', drawing on the conceptual promise of EU law to develop a concept of 'network responsibility' for a network society and lays the foundations of a tort law for the 21st century.

In The Financial Courts, Jo Braithwaite analyses thirty years of cases involving the global derivatives markets, exploring the nature of these legal disputes and assessing their impact on financial markets and on commercial law more broadly. Weaving together this substantial body of cases with theoretical insights drawn from the growing literature on the internationalisation of financial law, Braithwaite offers readers a detailed and highly original contribution to the debate about the role of private law in international financial markets. This important work should be read by lawyers, economists and regulators in the field.