Law of open societies : : private ordering and public regulation in the conflict of laws / / by Jürgen Basedow.

• Superior document: Hague Academy of International Law Monographs ; Volume 9
• VerfasserIn: Basedow, Jürgen, 1949-
• Place / Publishing House: [Leiden, Netherlands] : : Brill :, Nijhoff,, 2015.; ©2015
• Year of Publication: 2015
• Edition: 1st ed.
• Language: English
• Series: Hague Academy of International Law monographs ; Volume 9.
• Physical Description: 1 online resource (662 p.)
• Notes: Description based upon print version of record.

This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.

Table of Contents

Preliminary material / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Introduction / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- The Advent of the Open Society / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Globalization and the Law / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Substantive “Anational” Private Arrangements / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Theory of Choice of Law and Party Autonomy / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- New Domains for Party Autonomy / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Optional Law in Europe / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Deliberate Connections (Indirect Choice of Law) / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- State Action between International and Municipal Law / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Foreign Policy Measures and Their Effects in Private Law / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Countervailing State Measures for Asymmetric Private Relations / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Imperative Norms: Protection of Foundational Principles / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- General Conclusion / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- List of Statutory Materials / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Table of Cases / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Bibliography / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws -- Index / Editors The Law of Open Societies Private Ordering and Public Regulation in the Conflict of Laws.