03269nam 2200613 a 450 991078601090332120200520144314.090-04-24995-810.1163/9789004249950(CKB)2670000000328502(EBL)1112630(OCoLC)826856194(SSID)ssj0000615055(PQKBManifestationID)11374291(PQKBTitleCode)TC0000615055(PQKBWorkID)10605360(PQKB)10596779(MiAaPQ)EBC1112630(nllekb)BRILL9789004249950(WaSeSS)Ind00017015(Au-PeEL)EBL1112630(CaPaEBR)ebr10648717(CaONFJC)MIL428317(PPN)176451854(EXLCZ)99267000000032850220100830d2010 uy 0engur|n|---|||||txtccrUnifying and harmonizing substantive law and the role of conflict of laws[electronic resource] /Katharina Boele-WoelkiLeiden ;Boston Martinus Nijhoff Publishers20101 online resource (288 p.)A collection of law lectures in pocketbook form"Full text of the lecture published in May 2010 in the Recueil des cours, Vol. 340 (2009)"--T.p. verso.90-04-18683-2 Includes bibliographical references (p. 249-265).pt. I. The objects -- pt. II. The interaction.Also available as an e-book Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.Pocketbooks of the Hague Academy of International Law.Conflict of lawsEuropean Union countriesLawInternational unificationEuropean Union countriesConflict of lawsLawInternational unification340.9Boele-Woelki Katharina720854MiAaPQMiAaPQMiAaPQBOOK9910786010903321Unifying and harmonizing substantive law and the role of conflict of laws2458171UNINA