Yearbook of Private International Law, vol. X (2008)
I am grateful to Gian Paolo Romano, Production Editor of the Yearbook of Private International Law, for providing this presentation of the new volume of the YPIL.
Volume X (2008) of the Yearbook of Private International Law, edited by Prof. Andrea Bonomi and Prof. Paul Volken, and published by Sellier European Law Publishers in association with the Swiss Institute of Comparative Law (ISDC) of Lausanne, was put on the market last week.
Volume X, which celebrates the tenth anniversary of the Yearbook, is made up of 35 contributions on the most various subjects authored by scholars and practioners of almost all continents. Its 743 pages make him one of the most considerable collections of PIL essays in English language of recent years. The volume may be ordered via the publisher’s website, where the table of contents and an extract are available for download.
The Doctrine section includes three contributions concerning the European judicial area: a first on the revised Lugano Convention on jurisdiction and the recognition and enforcement of judgments of 30 October 2007, a second on the European jurisdiction rules applicable to commercial agents and a third on the recent decision of the European Court of Justice in Grunkin-Paul, a seminal case that opens new perspectives for the application of the recognition principle as opposed to classical conflict rules in the field of international family law. Other original contributions concern damages for breach of choice-of-forum agreements, accidental discrimination in conflict of laws and the recent Spanish regulation of arbitration agreements.
Two Special sections of this volume are devoted, respectively, to the EC Regulation on the law applicable to contractual obligations (Rome I) and to the new Hague Convention and Protocol on maintenance obligations.
- In addition to several contributions of general nature, the special section on Rome I includes detailed analyses of the impact that the Regulation will have on the connection of specific categories of contracts (contracts relating to intellectual and industrial property rights, distribution and franchise contracts, financial market and insurance contracts), as well as some remarks from a Japanese perspective.
- The special section on maintenance obligations includes insider commentaries on the two instruments adopted by the Hague Conference on 23 November 2007: the Convention on the International Recovery of Child Support and other Forms of Family Maintenance and the Protocol, which includes rules on the law applicable to maintenance obligations and aims to replace the 1973 Hague Applicable Law Convention.
The National Reports section includes the second part of a detailed study on private international law before African courts, a critical analysis of the new Spanish adoption system and of the conflict of laws issues raised by the Panamanian business company, two articles on arbitration (in Israel and Romania), and several contributions concerning recent developments in Eastern European countries (Macedonia, Estonia, Lithuania and Belarus). Africa is also at the centre of the report on UNCITRAL activities for international trade law reform in that continent.
The section on Court Decisions includes – together with commentaries on the Weiss und Partner and the Sundelind López decisions of the ECJ – detailed analyses of a recent interesting ruling of the French Cour de cassation on overriding mandatory provisions and of two Croatian judgments on copyright infringements.
The Forum Section is devoted to the recognition of trusts and their use in estate planning, the juridicity of the lex mercatoria and the use of nationality as a connecting factor for the capacity to negotiate.
Here is the full list of the contributions: Read more