Category Archives: Conflict of Laws
Symeon Symeonides, ‘Private International Law Bibliography 2025: US and Foreign Sources in English’
This is the twentieth annual bibliography of private international law compiled by the undersigned as a service to fellow teachers and students of this subject. It includes 120 books and 437 journal articles that appeared in print in 2025. The term ‘private international law’ is used here in the broadest and arguably expanded sense. It […]
Sitkoff and Niles-Weed, ‘Trusts Without Borders’
ABSTRACT There is broad consensus that the law of conflict of trust laws is outdated. Both the American Law Institute and the Uniform Law Commission have initiated reform projects to address this obsolescence. But there is no consensus around what went wrong or how to fix it. This short article summarizes our earlier paper, ‘The […]
Giesela Ruhl, ‘Regulating Contracts across Borders: The Role of Private International Law’
ABSTRACT Private international law – or conflict of laws, as it is commonly referred to in the United States – deals with the co-existence of different legal systems and determines which state’s law applies (should apply) in cross-border cases. It is traditionally regarded as a rather apolitical and value-neutral field of law. In the 20th […]
Gralf-Peter Calliess, ‘Consumer Contracts under Article 6 Rome I’
ABSTRACT This chapter analyses purpose, scope, legislative history and content of Article 6 of the so called Rome I Regulation (EC/593/2008) on the basis of the normtext, jurisprudence of the CJEU and Member State courts as well as textbooks and law journal articles of leading experts in EU private international law. Calliess, Gralf-Peter, Consumer Contracts […]
Uglješa Grušić, ‘Jurisdiction in Employment Matters Post-Brexit’
ABSTRACT This article deals with the jurisdiction of the civil courts and employment tribunals in employment matters post-Brexit. It focuses on the somewhat defective transposition of the rules of jurisdiction in employment matters of the Brussels Ia Regulation in sections 15A and 15C-15E of the Civil Jurisdiction and Judgments Act 1982 and the unclear relationship […]
Marcus Teo, ‘Strong Cause’
ABSTRACT Common law courts will enforce jurisdiction agreements unless they find ‘strong cause’ or ‘strong reasons’ not to. This article argues that the strong cause test is the product of the fact that jurisdiction agreements should generally be viewed as weighty factors under forum non conveniens. In particular, this is because a jurisdiction agreement reflects […]
Roman Kolobov, ‘Private International Law as Metasemiotic Translation: Legal Sign Systems, Boundary, and the Transgression of Legal Meanings’
ABSTRACT This article proposes a semiotic theory of private international law. It does not seek to replace the traditional doctrinal categories of the field — conflict rules, characterization, ascertainment of foreign law, recognition of foreign judgments, public policy, and adaptation — but reinterprets them as operations with legal signs, codes, and meanings. The methodological basis […]
Nicole Štýbnarová, ‘Economic Dimensions of International Regulation of Marriage’
ABSTRACT This Article examines how the regulation of, and legal argumentation about, transnational marriages fulfill economic functions. It takes as its point of departure contemporary legal frameworks governing marriages with a transnational element in Northwestern Europe, including private international law (conflicts of laws), migration law, and human rights law. It shows that lawmakers and judges […]
Noam Shemtov, ‘Against Extraterritorial Reach: Why the UK Should Resist Extending AI Regulation to Overseas Model Training’
ABSTRACT The increasing internationalisation of artificial intelligence development has placed considerable strain on the territorial foundations upon which copyright law has long been constructed. AI systems are now routinely trained on datasets assembled across multiple jurisdictions, frequently outside the territories in which the resulting models are ultimately deployed or commercialised. This reality gives rise to […]
Aleksandrs Fillers, ‘Extension of consumer protection in EU private international law’
ABSTRACT The protection of weaker parties is one of the cornerstones of EU private international law. Consumers are traditionally regarded as typical weaker parties that deserve special protection at the level of private international law. The Brussels Ia Regulation and the Rome I Regulation do not protect all consumers. To be protected, consumers must meet […]