Recueil Des Cours, Collected Courses, Tome/Volume 360

ISBN-13: 9789004255500 / Angielski / Twarda / 2013 / 516 str.

Academie de Droit International de La Ha

Opis

The Law of Open Societies -- Private Ordering and Public Regulation of International Relations. General Course on Private International Law by J. Basedow, Director of the Max Planck Institute for Comparative and International Private Law. The General Course presents private international law from a viewpoint of private and public actors in an open society. Departing from political philosophy it describes the growing permeability of frontiers by statistical data on trade and migration as well as the legal underpinnings of open societies in public international law. A main consequence is the increasing significance of private ordering. It is reflected by contractual arrangements that channel the risks of cross-border deals to professionals, by a growing role of choice of law, by the emergence of optional instruments in the EU, and by the permission to private actors to indirectly choose the applicable law by the deliberate establishment of connecting factors. Public actors - States - still have the responsibility and the possibility to pursue public interests: in their relations with other States; to outweigh market imperfections (consumer law, labour law); to protect the public good and foundational values by imperative norms.