Transnational Commercial Law and Conflict of Laws: Institutional Co-operation and Substantive Complementarity by Herbert Kronke This Hague lecture takes issue with suggestions that transnational commercial law and its wide variety of instruments, including soft-law instruments, might be an alternative to classic administration of trans-border transactions and disputes by way of conflict-of-laws rules. Rather, the latter and the former complement each other. Moreover, the intergovernmental Organizations charged with developing and modernizing conflict-of-laws rules and substantive rules...

Le transport international aerien de passagers, par O. CACHARD. Le transport international aerien de passagers est entre dans une nouvelle ere avec la mise en application de la Convention de Montreal. Malheureusement, ce progres apparent du droit uniforme se heurte aux tendances recessives d'une renationalisation ou d'une regionalisation du droit. A cet egard, la jurisprudence europeenne, qu'elle emane de la CJUE ou des juridictions des Etats membres, cree de nouvelles tensions. Aux questions classiques de conflit de lois et de conflit de juridictions, il faut ajouter les questions...

Arbitration and State Contract by A. V. M. Struycken: Investments are a major part of international economic relations. Some important investments take place on the basis of a contract between, on the one hand, a State, or a State-controlled body, the Host State, and, on the other hand, a foreign company. Such a contract may represent for the company an important involvement of capital, organization and know-how for a long period of time. The Host State has a clear interest but the Home State of the company cannot remain indifferent. Such contracts are known as State Contracts. Disputes may...

Th.M. de Boer: Choice of Law in Arbitration Proceedings Contrary to national courts, arbitral tribunals are not bound to local rules of private international law: there is no lex fori determining the choice-of-law issues that may be raised in arbitration proceedings. Arbitrators are thus faced with the problem of choosing (a) the law governing disputes on the existence and validity of arbitration agreements, (b) the law governing the merits of the case, and (c) the law governing the proceedings as such. Most of these problems could be solved by an express choice of law by the parties....

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...