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Borderlines in Private Law

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From Theory to Practice in Private International Law: Gedachtnisschrift for Professor Jonathan Fitchen

Edited by: Justin Borg-Barthet, Katarina Trimmings, Burcu YĆ¼ksel Ripley, Patricia Zivkovic

ISBN13: 9781509956647
Published: February 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



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This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world. The chapters address a variety of conceptual and substantive problems in private international law, providing discerning consideration of contemporary developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding and emerging issues.

The contributions provide substantial new insights into our understanding of the nature of private international law. Taken together, the book addresses subject matters across the spectrum of private international law problems, including issues on which there is insufficient scholarly analysis. This includes consideration of contemporary problems of great political importance, such as migration, environmental protection, gender-based discrimination, and the proper delineation of public and private intervention. In addition, emerging problems in commercial law, such as cryptocurrencies, are explored in the book, as are longstanding definitional concerns in family law. Broader emerging systemic concerns, such as the treatment of foreign judgments in major economies such as China and the post-Brexit evolution of private international law, are also addressed.

The book is a valuable source for the judiciary, legal practitioners, policy makers, and scholars of private international law.

Subjects:
Conflict of Laws
Contents:
1. Introduction
Justin Borg-Barthet, Katarina Trimmings, Burcu Yuksel Ripley and Patricia Zivkovic (all University of Aberdeen, UK)

PART I: The Evolving Nature and Scope of Private International Law
2. Building Bridges and Crossing Divides: Approaches to the Applicable Law in the UK and Continental Europe
Xandra Kramer (Erasmus University Rotterdam, the Netherlands)
3. Adaptation in European Private International Law
Jan von Hein (University of Freiburg, Germany)
4. Pluralism and Law Beyond the State
Alex Mills (University College London, UK)
5. Private International Law as the Final Frontier for Feminist Scholarship?
Justin Borg-Barthet (University of Aberdeen, UK)
6. The Application of European and International Private International Law to Overseas and 'Peculiar' Territories
Thalia Kruger (University of Antwerp, Belgium)

PART II: Civil and Commercial Matters in Private International Law
7. The Hague Judgments Convention in Europe Post-Brexit
Eva Lein (University of Lausanne, France
British Institute of International and Comparative Law, UK)
8. Foreign Judgments in China
Sophia Tang (Newcastle University, UK)
9. International Trade Agreements and Private International Law: Narrowing Mutual Links
Carmen Otero Garcia-Castrillon (Complutense University of Madrid, Spain)
10. Private International Law in International Commercial Arbitration
Patricia Zivkovic (University of Aberdeen, UK)
11. The Role of Private International Law in the Protection of Vulnerable Parties
Lorna Gillies (Edinburgh Napier University, UK)
12. Law Applicable to Violation of Competition Law
Ivana Kunda (University of Rijeka, Croatia)
13. Characterisation of Cryptocurrencies in Private International Law
Burcu Yuksel Ripley (University of Aberdeen, UK)
14. Damage
Andrew Dickinson (University of Oxford, UK)
15. Cross-Border Environmental Damage
Laura Carballo Pineiro (University of Santiago de Compostela, Spain
World Maritime University, Sweden)
16.
2020 CJEU VW Diesel Decision (International Jurisdiction in Tort Cases)
Giesela Ruhl (Humboldt-University of Berlin, Germany)

PART III: Family Law Matters in Private International Law
17. Private International Law and Global Migration Governance
Veronica Ruiz Abou-Nigm (University of Edinburgh, UK)
18. Pope v Lunday: Wrong Questions, Wrong Answers?
Aude Fiorini (University of Dundee, UK)
19. The Brussels IIa Recast Regulation and the 1996 Hague Child Protection Convention: How Do They Compare?
Katarina Trimmings (University of Aberdeen, UK)
20. Private Divorces under Brussels IIb
Anatol Dutta (Ludwig-Maximillian University of Munich, Germany)