Volume XI 2009
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Edited by:
Andrea Bonomi
and Paul Volken
About this book
The current rich volume of the Yearbook attempts to strike a balance in the multifaceted expressions of the increasing importance of private international law at national and supranational levels. The vitality of private international law within the European Union is evidenced by both legislative projects and the rich case law of the European Court of Justice. While the European Commission's draft for a Regulation on succession - which probably constitutes the most detailed and ambitious attempt ever to codify PIL in this area - begins its legislative process, a new initiative on the application of foreign law is being considered by the European institutions. Both of these developments are discussed in the Doctrine section. But the newest Yearbook of PIL also examines interesting developments taking place on other continents. For example, the present volume includes a special section focusing on Chinese PIL and reports on the renewed interest with conflict of laws in the U.S. doctrine.
Supplementary Materials
Topics
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Frontmatter
I -
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Table of Contents
VII -
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Foreword
XI -
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Abbreviations
XIII - Doctrine
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Party Autonomy in International Family and Succession Law: New Tendencies
1 -
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After the Revolution – Decline and Return of U.S. Conflict of Laws
11 -
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Private International Law and Comparative Law: A Relationship Challenged by International and Supranational Law
31 -
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Damages for Breach of a Choice-of-Court Agreement: Remaining Issues
73 -
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A Further Step Towards a European Code of Private International Law: The Commission Proposal for a Regulation on Succession
107 -
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Personal Identity at a Crossroad between Private International Law, International Protection of Human Rights and EU Law
143 -
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The Application of Foreign Law: A Progress Report on a New European Project
157 -
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Contracts for the International Carriage of Goods: Jurisdiction and Arbitration under the New UNCITRAL Convention 2008
171 - Private International Law in China – Selected Topics
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Contractual Party Autonomy in Chinese Private International Law
193 -
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Recent Developments with Regards to Choice of Law in Tort in China
211 -
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Recent Judicial Cooperation in Civil and Commercial Matters between Mainland China and Taiwan, the Hong Kong S.A.R. and the Macao S.A.R.
235 -
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Law Applicable to Arbitration Agreements in China
255 -
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Foreign Precedents in Chinese Courts
265 -
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Crime of Law-Bending Arbitration in Chinese Criminal Law and Its Effects on International Commercial Arbitration
283 -
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Law Applicable to Arbitration Clauses in China: Comments on the Chinese People's Supreme Court's Decision in the Hengji Company Case
297 - National Reports
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The Latest Trends in Latin American Private International Law: the Uruguayan 2009 General Law on Private International Law
305 -
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The Influence of Swiss Law on Quebec's 1994 Codification of Private International Law
339 -
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Initial Ownership of Copyright in a Cinematographic Work under Japanese Private International Law
375 -
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Less Surprises for Spouses Moving Within the Nordic Countries? Amendments to the 1931 Nordic Convention on Marriage
385 -
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The Common Optional Matrimonial Property Regime of Germany and France – Epoch-Making in the Unification of Law
395 - News from UNCITRAL
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International Insolvency Law: the UNCITRAL Experience with Harmonisation and Modernisation Techniques
405 - Court Decisions
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'Mutual Trust' and 'Arbitration Exception' in the European Judicial Area: The West Tankers Judgment of the ECJ
427 -
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Jurisdiction in Cases Related to a Licence Contract Under Art. 5(1) Brussels Regulation: Case-Note on Judgment ECJ Case C-533/07 – Falco Privatstiftung and Thomas Rabitsch v. Gisela Weller-Lindhorst
453 -
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Effet Utile of the Regulation No. 1346 and Vis Attractiva Concursus. Some Remarks on the Deko Marty Judgment
469 -
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Jurisdiction to Set Aside Foreign Arbitral Awards in India: Some Remarks on an Erroneous Rule of Law
481 -
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Forum non conveniens and Lis alibi pendens in International Litigation in Panama
497 - Forum
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Lis Alibi Pendens and Related Actions in Civil and Commercial Matters Within the European Judicial Area
511 -
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Money in Private International Law: What Are the Problems? What Are the Solutions?
565 -
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Intellectual Property and State Immunity from Jurisdiction in the New York Convention of 2004
599 -
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Index
627