Cambodian Private International Law

This book provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect this will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations; and the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. This new edition of the text organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of English private international law required it to be seen as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing—and probably for some time to come—the consequences of Brexit are a mystery, the attempt is made to describe the various possible shapes which the subject will assume in the future.

So one would ask: why is private international law much of a concern in China's One Belt One Road (OBOR) initiative? Indeed, it is a theme of this book that private international law should be a prime focus for this initiative to succeed. Yet academic discourses so far reveal blat,mt ignorance regarding this crucial branch of law. At the same time, the Chinese government, who initiated this gigantic project, has focused its mind only on building infrastructure in support of this initiative. This chapter will start in the first part by explaining what is, exactly, the OBOR. Then, in the second part, it will explain a branch of law called 'private international law' or 'conflict of laws' and what it entails and why it is crucial to the success of the OBOR. Then, in the third part, the authors will summarise the concerns brought up in each chapter of this book, all of which call for the immediate attention of the Chinese government, governments of other countries and those involved in the OBOR.

Lex Rei Sitae and the EU Internal Market - Towards Mutual Recognition of Property Relations

The term "framework of European private international law" covers all EU instruments in force, dealing with the problem of jurisdiction, applicable law, recognition and enforcement of law, foreign judgments and authentic instruments. Private international law has traditionally been, and in part still is, a matter of national law. Each state has its own rules to deal with jurisdiction, applicable law, recognition and enforcement of foreign judgments. Europe has an interest in matters of private international law since the 1957 Treaty on the European Economic Community. The Treaty of Amsterdam 1997 introduced the broader concept of judicial cooperation and brought three core issues of private international law into the field of the European Community. The three core issues are now found in Article 81 (2) (a) and (c), Treaty on the Functioning of the European Union. This paper suggests a road map towards a more comprehensive codification of EU private international law. At the moment, legislative efforts should be directed to the creation of special instruments for well-defined problems in European private international law. The fruits of these efforts can be long-lasting if they are combined into a code of EU private international law. The content of recent national codifications can help identify current gaps within the EU framework. Motives for national legislatures to codify private international law are also relevant for EU legislatures. A brief comparison is made of three recent codifications: Belgium, Holland and Poland. The Belgian codification contains rules on jurisdiction as well as on enforcement and recognition, while the Dutch and Polish laws decided to limit the DNPE legislation on choice of law rules. A typical characteristic of national codifications of private international law is that they may contain rules on the principles of private international law, or general provisions of private international law. Motives for codification vary, from a desire to increase transparency and make the rules adopt an open and international approach, to a desire to make the rules more easily accessible to legal practitioners. Private international law is also influenced by developments within the internal (national) framework. New rules of private international law will be necessary to adapt to the new legal institutions of national systems. Another way in which developments in substantive law can change private international law is that values considered important at the national level find their way into private international law. Private international rules that provide additional protection for employees and consumers serve as an example of this process. The gaps in the current framework can be divided into three main categories. First, loopholes which are the desired result of territorial limitations to the scope of EU legislation. Second, systemic gaps occur when the current framework is compared to those particular problems that, taken together, constitute the traditional problems of private international law. The current framework fixes most of these particular problems, but not all. Thirdly and finally, there are shortcomings when EU legislation provides for those certain questions that are deliberately left out of the scope of an accession instrument, even though from a systematic perspective these questions are part of the matter regulated in the instrument, e.g. . contractual obligations. In addition to these three main categories, it should be noted that as a result of various factors, the community instrument may contain rules that refer to notions which by their nature are open to interpretation. For the time being these open notions are best left to the case law or legal writing to determine their meaning. The truly necessary insertions would address the gaps that have been defined as 'systematic' omissions, as there is no rule that can be applied. The lack of harmonized or unified rules has an immediate effect on citizens and businesses in the EU. In the discussion on the codification of private international law, attention should be paid to the differences between the national concept and the 'codification' of European private international law. In principle, it means a procedure by which the acts to be codified are repealed and replaced by a single act that does not contain substantial changes in those acts (Interinstitutional Agreement of December 20, 1994, point 1). An important aspect of codification at the EU level is the reduction of the volume of legislation. The EU legislature could consider dividing its attention and efforts into three separate areas of private international law that fall within the framework: civil procedure, civil and commercial cases in general (an almost complete area); choice of law (applicable law) in non-family cases (raising issues that have a strong connection with the internal market); private international law for family law cases (which will require unanimity in the Council). Directing its attention to these specific areas can assist the European legislature in progressing the completion of this framework.

There is a key value embedded in the EU regime: legal certainty, as explained by Marta Requejo Isidro in this final chapter of Part I. Requejo Isidro examines the impoverishment that Brexit represents in the specific context of private international law and transnational litigation, in both commercial and family law, as this exit means a significant loss in terms of legal certainty for all parties involved. Admittedly, the hurdles of uncertainty regarding jurisdiction, or the disadvantages of losing a swift system for passporting UK judgments into Europe will not affect all stakeholders equally: some groups of the population, such as consumers, employees, small businesses, children or maintenance creditors, are likely to endure worse experiences than major litigants in complex corporate litigation. This chapter analyses the complexities of Brexit in this field as well as the contributions of English and Scottish legal systems to the development of EU private international law from a continental European perspective. It concludes that Brexit means overall impoverishment. EU law is as it is – not civil law, not common law, not even mixed, but European – thanks to many influences, including the very important British common law perspective.

The application of private international law to electronic consumer contracts raises new, complex, and controversial questions. It is new because consumer protection was not a private international law concern until very recently and e-commerce only became an important commercial activity within the last ten years. E-consumer contracts generate original questions which have not been considered under traditional private international law theories. It is complex because it has to deal both with difficulties raised by consumer contracts and the challenges of e-commerce. Reasonable resolutions to consumer contracts may prove inappropriate in e-commerce, while effective approaches to resolving private international law problems in e-commerce may be improper for consumer contracts. It is controversial because it concerns the conflicting interests of consumers and businesses in a fast-moving commercial environment – a fair balance is therefore hard to achieve.

Private international law (PIL), or the conflict of laws, may be defined as that part of a system of law which deals with cases having a ‘foreign element’, by which is meant contact with some other system of law. (From an English perspective, both Scots and French law are foreign.) Its main justification has been said to be that ‘it implements the reasonable and legitimate expectations of the parties to a transaction or occurrence’ (see Dicey, Morris and Collins, The conflict of laws, 15th edn, Sweet and Maxwell, 2012, pp. 3–4). There is an overlap with public international law, for instance, where treaties between states harmonize the rules in particular areas of national systems of law, including their rules on PIL. This collection belongs to a series devoted to law and ‘global governance’, a concept described by Muir Watt as being ‘elastic enough to signify the various means by which the exercise of private power in transnational settings may be disciplined—while avoiding the problematic definition of global law’ (p. 3). Several contributors, including the editors, hold positions at Sciences Po, that adventurous, sometimes troubled, elite Parisian institute of political studies. Perhaps it is that influence that is responsible for the approach and style of some of the chapters.

Republic of Serbia has bilateral treaties on legal assistance in civil matters with 15 EU Member States. Many years have passed since the conclusion of all these treaties and significant changes have occurred in the area of Private International Law. In the first place, these changes result from the accession of the Republic of Serbia to certain Conventions of the Hague Conference on Private International Law, development of the EU Private International Law, but also the drafting of new Private International Law Act of the Republic of Serbia. This is why the provisions of bilateral treaties, especially provisions on conflict of laws and international jurisdiction, are not harmonised. In addition, there are several parallel systems of legal norms in the area of Private International Law which apply depending on whether a multilateral treaty, bilateral treaty or national law is in force with the state in question. This situation is causing confusion not only among persons whose relations are regulated by the norms, but also among practitioners (judges and attorneys at law) who have great difficulties in determining which law to apply in a particular case. All this creates legal uncertainty and erroneous application of substantive law, which is one of the grounds on which a judgment may be set aside. In order to solve these problems, competent institutions of the Republic of Serbia should extensively analyse existing bilateral treaties on legal assistance in civil matters with EU Member States and take all necessary steps towards their revision as soon as possible, but certainly before the adoption of the PIL Act of the Republic of Serbia.

The Colour of Copyright

This bibliography aims at providing an overview of journal articles, edited books and monographs on Chinese law with a focus on publications in English and German. The structure of the bibliography follows the classification scheme of the leading German law bibliography „Karlsruher Juristische Bibliographie“.Classification Scheme:I. Law and Jurisprudence (Recht und Rechtswissenschaft)II. Legal and Constitutional History (Rechts- und Verfassungsgeschichte)III. Private Law (Privatrecht)1. In General (Allgemein)2. General Part of the Civil Code (Allgemeiner Teil des Zivilrechts)3. Law of Obligations (Schuldrecht)4. Law of Property (Sachenrecht)5. Family Law (Familienrecht)6. Law of Succession (Erbrecht)7. Commercial Law (Handelsrecht)8. Business Organisations (Gesellschaftsrecht)9. Insurance (Privatversicherungsrecht)10. Industrial Property, Copyright and Publishing (Gewerblicher Rechtsschutz, Urheber- und Verlagsrecht)11. Negotiable Instruments (Wertpapierrecht)12. Unfair Competition, Trademarks, Anti-trust Legislation (Wettbewerbs- und Warenzeichenrecht, Kartellrecht)13. Conflicts of Laws, Uniform Private Law (Internationales Privatrecht, Einheitsrecht)IV. Judicial System, Practice and Procedure, Civil Procedure (Gerichtsverfassung, allgemeines Prozessrecht und Zivilprozess)V. Criminal Law and Criminal Procedure (Strafrecht und Strafverfahren)VI. Theory of the State, Sociology, Politics (Staats- und Gesellschaftslehre, Politik)VII. Public Law and Constitutional Law (Staats- und Verfassungsrecht)1 Priv.-Doz. Dr. iur. Knut Benjamin Pißler, Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg (Email: pissler@mpipriv.de). Yvonne Eulers studies law and sinology at the Georg-August-University Göttingen. She was an intern in the China unit of the Max Planck Institute for Comparative and International Private Law in March 2014.2 Writings in other European languages could only partly be considered.VIII. Administrative Law (Allgemeines Verwaltungsrecht)IX. Administrative Law – Individual Branches (Besonderes Verwaltungsrecht)X. Economic Legislation (Wirtschaftsrecht)XI. Traffic Laws (Verkehrsrecht)XII. Financial Laws and Taxation (Finanz- und Steuerrecht)XIII. Labor Law (Arbeitsrecht)XIV. Social Legislation (Sozialrecht)XV. Public International Law (Völkerrecht)

Book reviewed in this article:20th Century Legal Philosophy Series. Volume VII: Law and Morality. By Leon Petrazycki, translated by Hugh W. Babb, with an Introduction by Nicholas S. Timasheff. [Harvard University Press; London: Geoffrey Cumberlege. xlvi and 335 pp. 60s. net.]Prediction Methods in Relation to Borstal Training. Studies in the Causes of Delinquency and the Treatment of Offenders. I. By Hermann Mannheim and Leslie T. Wilkins. With a Foreword by Sir Frank Newsam. [London: Her Majesty's Stationery Office. 1955. viii and 276 pp. 17s. 6d.]New Zealand: The Development of Its Laws and Constitution. Under the general editorship of J. L. Robson, ll.m., ph.d. [London: Stevens & Sons, Ltd. 1954. xix and 884 pp. £2 10s. net.]Law and Politics in the World Community. Edited by G. A. Lipsky. [Berkeley: University of California Press; London: Cambridge University Press. 1954. xx and 373 pp. 45s.]The University Teaching of Social Sciences: Law. Report prepared by Charles Eisenmann, Professor at the University of Paris, for the International Committee of Comparative Law. [UNESCO; translated from the French. 133 pp. 6s.]Emmet on Title. Fourteenth edition by J. Gilchrist Smith. Volume I. [London: The Solicitors Law Stationery Society. 1955. xcix and 686 pp. £4 net.]Chttty on Contracts, Twenty‐first Edition. Volume 1: General Principles. Edited by Kenneth Scott, m.a., and Bryan Clauson, m.a. With Supplement to September 1, 1955. By Barry Chedlow. Volume 2: Specific Contracts. Edited by Peter Allsop, m.a., Barry Chedlow, Bryan Clauson, m.a., Raoul P. Colinvaux, C. Grunfeld, m.a., ll.b., R. A. MacCrindle, ll.b., Clive M. Schmitthoff, ll.m., ll.d., D. A. L. Smout, m.a., ll.b., ll.m. With Supplement to September 1, 1955. By Barry Chedlow. [London: Sweet & Maxwell, Ltd. 1955. Volume 1: clxiv and 836 pp. Volume 2: cxxxi and 744 pp. £7 15s. net.]Chitty's Mercantile Contracts. Edited by Barry Chedlow. [London: Sweet & Maxwell, Ltd. 1955. lx and 673 pp. £2 15s. net.]Outlines of Industrial Law. By W. Mansfield Cooper, ll.m., of Gray's Inn, Barrister‐at‐Law. Professor of Industrial and Commercial Law in the University of Manchester. Second Edition. [London: Butterworth & Co. (Publishers), Ltd. 1954. lxi and 378 and (index) 21 pp. 30s. net.]A Manual of the Law of Real Property. By R. E. Megarry, m.a., ll.b. Of Lincoln's Inn, Barrister‐at‐Law. Second Edition. [London: Stevens & Sons, Ltd. 1955. lii and 646 pp. 37s. 6d. net.]The Conflict of Laws. By Professor R. H. Graveson. Third Edition [London: Sweet & Maxwell, Ltd. 1956. xxiv and 505 pp. 40s. net.]American‐Dutch Private International Law. By Professor R. D. Kollewijn, University of Leiden. Bilateral Studies in Private International Law. Arthur Nussbaum, Editor. No. 3. Columbia University in the City of New York. Parker School of Foreign and Comparative Law. Willis L. M. Reese, Director. 1955. 63 pp. [Distributed by Oceana Publications Inc., 43 West 16th Street, New York 11, N.Y., Price $2.]Bodin. Six Books of the Commonwealth. Translated and Selected by M. J. Tooley. [Oxford: Basil Blackwell. 212 pp. 15s. net.]Introduction to English Law. Third Edition. By Philip S. James, m.a., of the Inner Temple, Barrister‐at‐Law, Professor of Law in the University of Leeds. [London: Butterworth & Co. (Publishers), Ltd. 1955. xxvi and 454 and (index) 28 pp. 15s. net.]A First Book of English Law. Third Edition. By O. Hood Phillips, m.a., b.c.l., of Gray's Inn, Barrister‐at‐Law, Dean of the Faculty of Law and Barber Professor of Jurisprudence in the University of Birmingham. [London: Sweet & Maxwell, Ltd. 1955. xxiv and 298 pp. (including the index). 17s. 6d. net.]Hatred, Ridicule or Contempt: A Book of Libel Cases. By Joseph Dean. [London: Pan Books Ltd. 1955. 251 pp. 2s.]Repertoire of the Practice of the Security Council, 1946–1951. [New York: United Nations; London: H.M.S.O. 1954. xi and 514 pp. 37s. 6d.]Repertory of Practice of United Nations Organs. Volume 1, Arts. 1–22, xi and 742 pp. 25s.; Volume 2, Arts. 23–54, v and 467 pp. 25s.; Volume 3, Arts. 55–72, v and 596 pp. 25s.; Volume 4, Arts. 73–91, v and 461 pp. 25s.; Volume 5, Arts. 92–111, v and 417 pp. 25s. [New York: United Nations; London: H.M.S.O. 1955.]Laws Concerning Nationality. United Nations Legislative Series. [New York: United Nations; London: H.M.S.O. 1955. xvii and 594 pp. 30s.]The Yeah Book of World Affairs 1955. Published under the auspices of the London Institute of World Affairs. [London: Stevens & Sons, Ltd. 1955. xiii and 392 pp. 42s. net.]

The Association of Southeast Asian Nations (ASEAN) aspires to be a neighborhood where richly diverse nations can attain common purposes by cooperating together in consensual and graduated steps. It proposes and posits “One Vision, One Identity, and One Caring and Sharing Community” as the uniting common ground. Composed of ten sovereign states, ASEAN has at its core an international legal framework, through which it shapes its steps toward a shared vision. The goal of sustainable development, as articulated through the UN Conference on Environment and Development, is a central vision shared by each ASEAN member state.

This chapter highlights Paraguayan perspectives on the Hague Principles. Paraguay does not have a law dealing comprehensively and organically with Private International Law. The Civil and Commercial Code of 1987 contains the basic regulation on conflict of laws, and other provisions on the field can be found scattered in several special laws dealing with specific matters. Paraguay adhered, as a Member State, to the Hague Conference on Private International Law via Law 2555 of 2005. It is the first country in the world to legislate on international contracts heavily influenced by the Hague Principles. The Paraguayan law on international contracts drawn upon the Hague Principles openly allows the application of non-State law, and the International Institute for the Unification of Private Law (UNIDROIT) Principles clearly qualify as such.

The presence of Asia in the global arena has become notable due to its thriving economy. Arguably, it is time to consider how private international law (or conflict of laws) should develop in Asia and what kind of opportunity it can engender, considering that private international law has the potential to promote economic and legal cooperation without unifying substantive law. First, this paper considers the role of the Hague Conference on Private International Law (HCCH) and the varying significance of its conventions on judicial assistance, litigation, and child protection in the pursuit of private international law unification in Asia. Second, this study elaborates and supports the use of non-binding instruments (or soft law) – model laws, principles, legislative guides, etc. – as a fallback method of harmonizing private international law. Third, this paper examines the increasing extraterritoriality of regulatory norms of the US, the EU, China, and other countries in the global market. This will clarify the problems of conflicting, overlapping regulations and allow scrutiny of potential pathways to restrict the exercise of the states’ prescriptive jurisdiction. Some future perspectives will conclude this study.

INTRODUCTION. In modern legal science the problem of the effect and implementation of international law in national legal systems is one of the most popular areas of research. This article is devoted to the consideration and critical analysis of doctrinal assessments of the application by courts of general jurisdiction of the Scandinavian countries of the international legal norms , as well as their possible approaches to resolving conflicts between the norms of international and national law.MATERIALS AND METHODS. The method of comparative law has been used in present essay as a special logical mechanism that permits us to construct a system of rules relating to conflict of laws. Especially these rules are the tertium comparationis in a case of conflict between international and domestic law in municipal courts, as it is going through the formula of induction (analogy): if A is B, and B is C, so A is C.RESEARCH RESULTS. Traditionally international law suggests two ways of solving the problem in a case of the conflict of laws: monistic and dualistic doctrines. But these doctrines are not realizable in a pure form because of their inner contradiction. The main cause of this contradiction is the impossi bility to join interests of the subjects of international law with each other. Taking the doctrine of Interessenjurisprudenz as a ground of our further reasoning we have found the third point, we were searching for: just – the mechanism of elaborating the special remedies by which the conflict of interpretations has to be solved. The main remedy is the overcoming (in a logical sense) the law of excluded the third in the form of analogy. So, we can formulate a construction of the rules relating to conflict of laws in international public law by the analogy with the international private law. The nature of these rules is coincided with the such norms as _esuetu iuris cive necessitates and general principles of law. Especially that permits us to avoid the conflict of interpretation of the two legal orders, that can be caused by the “double standards” and “soft power” doctrines.DISCUSSION AND CONCLUSIONS. The above mentioned analysis permits us to formulate some general principles to established the system of rules relating to conflict of laws. The main cause of them will be following logical premise: the conflict of laws is based on the conflict of interests. That can be evidently by the interpretation rules in a conflict. Interpretation has the aim to harmonized conflicting orders on the ground of the general principles of law relating to municipal and international law. Conflict of laws can be solved through the general principles of law, especially in the case of fundamental contradiction. Conflict of laws can be formulated by the analogy. Conflict of laws can’t be interpreted in teleological way.