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The Foundation of Choice of Law - Choice and Equality (Hardcover)
Loot Price: R2,751
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The Foundation of Choice of Law - Choice and Equality (Hardcover)
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This book focuses on the subject of choice of law as a whole and
provides an analysis of its various rules, principles, doctrines
and concepts. It offers a conceptual account of choice of law,
called "choice equality foundation" (CEF), which aims to flesh out
the normative basis of the subject. The author reveals that,
despite the multiplicity of titles and labels within the myriad
choice of law rules and practices of the U.S., Canadian, European,
Australian, and other systems, many of them effectively confirm and
crystallize CEFas vision of the subject. This alignment signifies
the necessarily intimate relationship between theory and practice
by which the normative underpinnings of CEF are deeply embedded and
reflected in actual practical reality. Among other things, this
book provides a justification of the nature and limits of such
popular principles as party autonomy, most significant
relationship, and closest connection. It also discusses such topics
as the actual operation of public policy doctrine in domestic
courts, and the relation between the notion of international human
rights and international commercial dealings, and makes some
suggestions about the ability of traditional rules to cope with the
advancing challenges of the digital age and the Internet.
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