Buch, Englisch, Band 26, Gewicht: 182 g
Buch, Englisch, Band 26, Gewicht: 182 g
ISBN: 978-90-04-28506-4
Verlag: Brill Academic Publishers
Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.
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Excerpt of table of contents:
chapter i. introduction
chapter ii. conflicts revolution through the lens of efficiency
2.1. traditional approaches
2.2. the choice of law revolution
2.3. the second restatement
2.4. Economic analysis of conflict of laws approaches
chapter iii. uniform law and private international law — is uniform law
more desirable than private international law?
3.1. critical analysis of the conventional arguments
3.2. costs and benefits analysis
3.3. Empirical analysis
3.4. conclusion
chapter iv. uniform private international law
4.1. introduction
4.2. incentive analysis on the unification of private international law — focusing on the maintenance phase
4.3. conditions for harmonization and unification
4.4. analysis
chapter v. unification of intellectual property law
5.1. intellectual property across the borders
5.2. a rocky road towards international harmonization of IP
5.3. territorial rights in the global market
5.4. unification of international IP law: cost and benefit analysis
5.5. unification of private international law of IP
chapter vi. cross-border insolvency and private international law
6.1. three approaches to cross-border insolvency
6.2. incentive analysis
6.3. analysis
6.4. conclusions
chapter vii. concluding remarks
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