A revised version of the late Freidrich Juenger's Hague Lectures, this book 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 this critique that is historically grounded, broadly comparative, and stylistically captivating, emerges Juenger's passionate argument for substantive justice in conflict 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 tax 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 globalisation.
| ||||||||||||
Book Description
Editorial Reviews
Review
"About the feasibility of the remedies Juenger proposes to solve the problems in the context of the conflict of laws one might, of course, be of different opinions, and certainly, his ideas may appear Utopian; yet, one cannot deny the profoundness and truth of his underlying analyses, the positive and persuasive force of argument and the very urgency of the topic.... I can only strongly recommend the reading or re-reading [of this book] to all scholars and promise that they will find the impetus to reflect and to be spurred in their work."
About the Author
Frierich K Juenger was Edward L Barrett Professor of Law at the University of California, Davis.
Product Details
Would you like to update product info or give feedback on images?
|
More About the Author
Discover books, learn about writers, read author blogs, and more.
Customer Reviews
|
There are no customer reviews yet.
|
|||
|
Video reviews
|
Tag this product(What's this?)Think of a tag as a keyword or label you consider is strongly related to this product.
Tags will help all customers organize and find favorite items. |
Sell a Digital Version of This Book in the Kindle Store
If you are a publisher or author and hold the digital rights to a book, you can sell a digital version of it in our Kindle Store.
Learn more
