Category Archives: Conflict of Laws
John Coyle, ‘Notice, Consent, and Choice-of-Jurisdiction Clauses in the United States’
ABSTRACT Although choice-of-jurisdiction clauses are routinely enforced by courts in the United States, there are circumstances where they are subject to special scrutiny. One of these circumstances is when the party resisting the clause was not provided with proper notice as to the existence of the clause or the identity of the chosen jurisdiction. This […]
Yuriy Yumashev, ‘From the history of European private law’
ABSTRACT It is well known that private international law (PIL) is one of the main instruments for regulating private legal relations involving a ‘foreign element’. Its crucial role in the integration processes of the European Union/European Community can hardly be overestimated, especially considering that their ultimate aim is the establishment of a single internal market […]
Norhan Moussa, ‘The Applicable Law to International Employment Contracts: A Private International Law Perspective’
ABSTRACT The globalization of labor markets has brought unprecedented challenges in determining the applicable law to international employment contracts. As cross-border employment relationships grow, conflicts of law issues arise, particularly concerning the choice of law and the protection of employees’ rights. This research examines the main principles governing the applicable law to international employment contracts, […]
Nathan Tsang, ‘Digital Assets and The Lex Situs Rule: A “Decentralisation” Approach’
ABSTRACT Digital assets are becoming increasingly prevalent and accessible in both the global and Australian financial economies. A consequence of this is the inevitable increase in cross-border acquisitions and transfers of these assets. The DLT technology utilised by digital assets challenges the application of traditional private international law rules and in particular, the rule relating […]
Frederick Rieländer, ‘Policing Consumer Contract Terms under US and EU Law: A Comparative Analysis of the Directive 93/13/EEC on Unfair Terms in Consumer Contracts and the Restatement of Consumer Contracts’
ABSTRACT The control of standard contract terms has become one of the most important yet controversial areas of contract law. By comparing the Directive 93/13/EEC on unfair terms in consumer contracts with the recently adopted US Restatement of Consumer Contracts, this Article sheds light on the relative strengths and weaknesses of the EU and US […]
Raymond Yang Gao, ‘Forum Shifting to Regulate Data Privacy: The Creation and Evolution of EU Data Protection Law’
ABSTRACT Currently, the European data privacy regime has become one of the most influential legal frameworks regulating data privacy protection and cross-border personal data transfers. Despite a burgeoning body of scholarship on EU data protection law, the questions of why and how the EU adopted this regulatory approach remain understudied. Contrary to conventional wisdom, European […]
‘Private International Law and Sustainable Development in Africa’
Recall, on 14 October 2024, we invited submissions to the Journal of Sustainable Development and Policy for a special issue focusing on ‘Private International Law and Sustainable Development in Africa’. Make today matter! Under this motto, legal scholars from all over the world gathered at the University of Pretoria on July 8, 2025 to take […]
Christopher Whytock, ‘The French Private International Law Codification Project: A View from the United States’
ABSTRACT This is a contribution to a colloquium held at the Université Jean Moulin Lyon III on comparative perspectives on the recently proposed French private international law codification. The contribution offers a view from the perspective of the United States, including comparative observations on the codification project in France and the current Restatement (Third) of […]
Kermit Roosevelt, ‘Choice of Law and Statutory Specifications of Scope’
ABSTRACT Choice of law problems, it is often said, arise because legislatures do not specify the scope of their laws: they do not state explicitly to whom a law grants rights, or where. But what if they do? One view, adopted in the draft Third Restatement of Conflict of Laws, is that choice-of-law analysts should […]
Maxence Rivoire, ‘Cart before the Horse? BSH Hausgeräte v Electrolux and Exclusive Jurisdiction over Patent Validity’
ABSTRACT In a much-anticipated judgment, the Grand Chamber of the CJEU in BSH Hausgeräte GmbH v Electrolux AP reshaped the landscape of cross-border patent litigation in the EU. The case concerned the interpretation of Article 24(4) of Regulation 1215/2012 (Brussels Ia), under which the courts of the European Member State of deposit or registration have […]