From Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen: Justin Borg-Barthet: Hart Publishing

From Theory to Practice in Private International Law

Gedächtnisschrift for Professor Jonathan Fitchen

From Theory to Practice in Private International Law

Gedächtnisschrift for Professor Jonathan Fitchen

Description

This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law – from theory to practice.

The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains.

The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.

1. Introduction, Justin Borg-Barthet (University of Aberdeen, UK), Katarina Trimmings (University of Aberdeen, UK), Burcu Yüksel Ripley (University of Aberdeen, UK), and Patricia Živkovic (University of Aberdeen, UK)

Part I: The Evolving Nature and Scope of Private International Law
2. Private International Law and Pluralism, Alex Mills (University College London, UK)
3. The Private International Law of Mediated Settlement Agreements, Thalia Kruger (University Antwerp, Belgium)
4. Vulnerability and Private International Law: Mapping a Normative Approach Towards Asymmetrical Substantive Equality, Lorna E Gillies (Edinburgh Napier University, UK)
5. Private International Law as the Final Frontier for Feminist Scholarship? Justin Borg-Barthet (University of Aberdeen, UK) and Katarina Trimmings (University of Aberdeen, UK)

Part II: Civil and Commercial Matters in Private International Law
6. Damage, Andrew Dickinson (University of Oxford, UK)
7. Cryptocurrency Transfers in Distributed Ledger Technology-Based Systems and their Characterisation in Conflict of Laws, Burcu Yüksel Ripley (University of Aberdeen, UK)
8. Environmental Litigation in the European Union: All Quiet on the Western Front? Laura Carballo Piñeiro (University of Vigo, Spain)
9. International Trade Agreements and Private International Law: Narrowing Mutual Links, Carmen Otero García-Castrillón (Complutense University, Spain)
10. Cross-Border Protection of Human Rights: The 2021 German Supply Chain Due Diligence Act, Giesela Ruhl (Humboldt-University of Berlin, Germany)
11. International Commercial Arbitration: Law Applicable to Merits and 'Creeping' Judicial Substantive Review, Patricia Zivkovic (University of Aberdeen, UK)
12. Authentic Instruments in Chinese Private International Law, Zheng Tang (Wuhan University, China) and Xu Huang (Wuhan University, China)

Part III: Family Matters in Private International Law
13. Judicial Subjectivism in Determining the Habitual Residence of Newborns: Wrong Questions and Questionable Answers in Pope v Lunday, Aude Fiorini (University of Dundee, UK)
14. Private Divorces under Brussels IIb: Three Questions for the New Article 65(1), Anatol Dutta (Ludwig Maximilian University Munich, Germany)