Choice Of Law And Multistate Justice

ISBN: 9781571053305

³ö°æÉç: Transnational Publishers

³ö°æÄê: 2005-05-30

Ò³Êý: 265

¶¨¼Û: USD 125.00

×°Ö¡: Hardcover

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This illuminating text features a special introduction and colloquium by Professor Juenger's colleagues. A revised version of the late Friedrich Juenger's Hague Lectures, this "special edition" presents the most pervasive and trenchant critique of the traditional approaches to choice of law, both of the multilateralist and unilateralist kind, to date.

Juenger demonstrates that the conflicts games scholars (and courts) have played for centuries, have simply repeated themselves but have failed to produce convincing answers to the fundamental question of which law should govern a transboundary case. Out of his critique that is historically grounded, broadly comparative, and stylistically captivating, emerges Juenger's passionate argument for substantive justice in conflicts cases. In order to accomplish such substantive justice, he suggests, we must seek to transcend the national laws involved and solve conflicts problems by creating special rules that fit the particular demands of transboundary disputes. This is already happening in international commercial arbitration, furthered by the emergence of a new lex mercatoria, and exemplified in unified regimes such as the UN Sales Convention.

An undisputed classic, Juenger's book is, thus, both a timeless critique of the traditional choice-of-law approaches and a timely plea to move beyond them in the age of globalization.