
This Book Focuses On The Subject Of Choice Of Law As A Whole And Provides An Analysis Of Its Various Rules, Principles, Doctrines And Concepts. It Offers A Conceptual Account Of Choice Of Law, Called Choice Equality Foundation (cef), Which Aims To Flesh Out The Normative Basis Of The Subject. The Author Reveals That, Despite The Multiplicity Of Titles And Labels Within The Myriad Choice Of Law Rules And Practices Of The U.s., Canadian, European, Australian, And Other Systems, Many Of Them Effectively Confirm And Crystallize Cef's Vision Of The Subject. This Alignment Signifies The Necessarily Intimate Relationship Between Theory And Practice By Which The Normative Underpinnings Of Cef Are Deeply Embedded And Reflected In Actual Practical Reality. Among Other Things, This Book Provides A Justification Of The Nature And Limits Of Such Popular Principles As Party Autonomy, Most Significant Relationship, And Closest Connection. It Also Discusses Such Topics As The Actual Operation Of Public Policy Doctrine In Domestic Courts, And The Relation Between The Notion Of International Human Rights And International Commercial Dealings, And Makes Some Suggestions About The Ability Of Traditional Rules To Cope With The Advancing Challenges Of The Digital Age And The Internet.
This book investigates the normative foundations of choice of law rules to determine if a unified conceptual framework can explain the diverse practices across international legal systems. Sagi Peari, a legal scholar, proposes the Choice Equality Foundation (CEF) as a theoretical lens to interpret existing doctrines. By analyzing legal systems in the U.S., Canada, Europe, and Australia, the author argues that disparate rules often converge on a shared normative logic that bridges the gap between abstract theory and judicial practice.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this work as a significant contribution to the philosophy of private international law. Readers frequently note the academic density of the prose, which serves as a rigorous examination of the underlying logic governing cross-border legal disputes.
Page Count:
304
Publication Date:
2018-01-01
Publisher:
Oxford University Press
ISBN-10:
0190622318
ISBN-13:
9780190622312
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