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Autonomy in International Contracts (Hardcover)
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Autonomy in International Contracts (Hardcover)
Series: Oxford Private International Law Series
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This book explores the source and extent of the right of parties to
an international contract to make appropriate arrangements for the
determination of their legal relationship, primarily by selecting
the applicable law, but also by selecting the judicial or arbitral
forum. The book focuses on the legal systems of the United States,
the Commonwealth jurisdictions and the civil law countries of
western and central Europe, taking as a starting point the
provisions of the several Hague Conventions on the Choice of Law in
Sales and other contracts, the Rome Convention of 1980 on the Law
Applicable to International Contracts and the Mexico Convention of
1994 on the same topic, as well as modern legislation on conflicts
of law. Nygh's aim is to discern a general consensus, where
present, and to argue for a further development and extension of
the principles of autonomy unhampered by historical notions of
territoriality and sovereignty, which hitherto have sought to
restrain it, with only such limitations as can be justified for the
protection of weaker parties or genuine state interests. This
fascinating analysis, written from the author's unique perspective,
will be welcomed by practitioners and scholars alike. This book is
part of the Oxford Monographs in Private International Law series,
the aim of which is to publish work of high quality and originality
in a number of important areas of private international law. The
series is intended for both scholarly and practitioner readers.
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