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Spontaneous Order, Organization and the Law contains contributions
by renowned lawyers from all over the World, to honor one of our
time's most significant private law scholars, Ernst-Joachim
Mestmacker, Director (emeritus) of the Max Planck Institute for
Foreign Private and International Private Law in Hamburg, on the
occasion of his 75th Anniversary. The papers presented at an
academic symposium to celebrate the occasion are included in the
Annex. The contributions cover a wide spectrum of subjects, ranging
from theoretical questions of hybrid governance across national
jurisdictions, the changing role of the state, competition as a
basic element of the social market economy, and international
economic relations in the twenty-first century, to regulatory
reform of European telecommunications, the public spirit of the
corporation, venture capital funding for biotech pharmaceutical
companies, and other questions of corporate law, competition law,
civil law and constitutional law, arising in Europe, the US, Japan
and Israel.
Private Law in the International Arena contains fifty-seven
original contributions authored by renowned lawyers from all over
the World. It analyzes a wide variety of effects that cross-border
activities have on the operation of private law, ranging from
corporate and insolvency law to labor law, property law, the law of
obligations, family law, European law and lex mercatoria. Civil
procedure aspects, in national courts and arbitration proceedings,
are also explored. This book provides a unique source of insights
into the problems encountered and their possible solutions. It will
be of interest to scholars and practitioners alike. All
contributions have been written in honor of an eminent Private
International Law scholar, Prof. Dr. Kurt Siehr of the University
of Zurich.
Dedicated to the memory of Peter E. Nygh (1933-2002), this book
contains thirty original contributions authored by prominent
private international law lawyers from all over the globe. Their
themes include private international law, international litigation,
arbitration, uniform law and European legal integration. Their
treatises and approaches vary from thematic, in-depth studies to
studies of a comparative nature. Born in Hamburg, Germany, and
raised in the Netherlands and in Australia where his academic
career started, Peter Nygh was one of the few scholars with an
excellent knowledge of both the common law and civil law legal
systems and an in-depth understanding of their differences and
similarities. He was an indispensable member, promoter and leader
in the International Law Association and the Hague Conference on
Private International Law. Most of these papers are based on
supranational experiences and aim to continue a comparative
law-based analysis of problems so well applied by Nygh. Specific to
this book: * Written in memory of Peter E. Nygh, a leading light in
International Law * Examines the Hague Convention in a number of
different ways, including its position on recognition and
enforcement of foreign judgements and its view on Indirectly Held
Securities * Features one chapter in French
A collection of the 52 most important conventions, agreements,
model laws, and institutional rules for int'l sales transactions,
documentary credit, shipping, insurance, dispute settlement, and
enforcement of contracts abroad. Includes inter alia the UN
Convention on Contracts for the International Sale of Goods (CISG),
UCC Articles 1, 2, 4A, 5, 7 and 9, Unidroit Principles of
International Commercial Contracts, EU Draft Common Frame of
Reference, Incoterms 2010, Uniform Customs and Practice for
Documentary Credit UCP600, various Hague Conventions on Private
International Law, UNCITRAL Arbitration Rules, ICC Arbitration
Rules, IBA Rules on Taking of Evidence in Int'l Commercial
Arbitration, and the New York Convention on Recognition and
Enforcement of Foreign Arbitral Awards. The collection is aimed at
advanced graduate students, researchers, and practitioners. With
its many editorial improvements and elaborate index, it is sure to
become an indispensable tool for anyone working in int'l business,
commerce, and trade.
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