AUTONOMY IN INTERNATIONAL CONTRACTS by Peter Nygh ( 9780198262701 )

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Title:

AUTONOMY IN INTERNATIONAL CONTRACTS

By:

Peter Nygh

Format:

Hardback

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£210.00

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ISBN 10:

0198262701

ISBN 13:

9780198262701

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Publisher:

OXFORD UNIVERSITY PRESS

Pub. date:

4 March, 1999

Series:

Oxford Private International Law Series

Pages:

318

Description:

This book examines a fundamental issue in private international law, namely the question of which country's law should be applied to determine what a contract means and to establish each party's contractual obligations. Generally speaking, if the parties to a contract state in the contract which country's law they wish to apply, that decision will be respected by the courts; this is the principle of autonomy of choice of law to which the book's titlerefers. Peter Nygh, an Australian judge and one of the world's leading authorities in the field, provides a detailed analysis of the principle which will enjoy international appeal. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western andcentral Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the Law Applicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law.

Synopsis:

This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the Law Applicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law. Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can be justified for the protection of weaker parties or genuine state interests.This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike. This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.

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Imprint:

Clarendon Press

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Some other items by this author:

CHOICE OF FORUM AND LAWS IN INTERNATIONAL COMMERCIAL ARBITRATION (PB)

TRANSNATIONAL TORT LITIGATION (HB)