Characterisation in the Conflict of Laws
Characterisation in the Conflict of Laws
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Description
This collection explores and rethinks how characterisation operates to identify the relevant rules in the conflict of laws in cross-border cases.
Despite its fundamental importance in private international law, characterisation remains methodologically contested and resists uniform treatment. Bringing together scholars and practitioners, the volume offers in-depth and pluralistic accounts of characterisation's distinctive challenges and purposes. It combines historical and doctrinal analysis with new approaches, including inter-cultural and post-categorical perspectives, and examines techniques for rules of national, supranational, and international provenance.
Spanning Common Law, Civil Law, and mixed jurisdictions, the chapters test characterisation in general and in specific areas where it matters most (such as in equity, family, and corporate contexts) as well as at the intersection of private and public international law.
Table of Contents
Part One: The History and Theory of Characterisation
1. Historical Perspectives on Characterisation, Martin Gebauer
2. Is There any Magic in Characterisation?, Andrew Dickinson
3. Re- Characterisations, Pietro Franzina
4. Substance/Procedure and Right/Remedy Distinctions, Joanna Langille
Part Two: The Challenges of Characterisation in Specific Areas
5. Characterising Equitable Concepts, Yip Man
6. Characterisation of Contractual Arrangements in the Context of Family Law, Alex Critchley
7. Characterisation in International M&A Disputes, Thomas Klink
Part Three: Rethinking Characterisation
8. Characterisation from a Unilateralist Perspective, Jeremy Heymann
9. Against Characterisation?, Ralf Michaels
10. Post-Categorical Characterisation, Philomena Hindermann
11. Characterisation as a Tool to Manage Diversity, Veronica Ruiz Abou-Nigm
Part Four: Characterisation at the Intersection of Private and Public International Law
12. Private International Law Treaty Interpretation and Characterisation, Alex Mills
13. Characterisation at the Hague Conference, Marta Pertegás Sender
Product details
| Published | 13 May 2027 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Pages | 352 |
| ISBN | 9781509991709 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Series | Studies of the Oxford Institute of European and Comparative Law |
| Publisher | Bloomsbury Publishing |
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