The Foundation of Choice of Law —— Choice and Equality

----- 法律选择的基础:选择与平等

ISBN: 9780190622305 出版年:2018 页码:345 Peari, Sagi Oxford University Press

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This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF) which aims to flesh out the normative basis of the subject. It provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age.

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