Overview
- Provides a unique insight into the use of foreign law in different jurisdictions in the world
- Includes contributions from officers or academics working for international or regional institutions, including the Hague Conference on Private International Law and the EU
- Provides swift access to an overview of the current state of foreign law
Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 26)
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Table of contents (31 chapters)
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Front Matter
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General Report
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Front Matter
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National Reports I – Europe
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Front Matter
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Keywords
- Access to Foreign Law
- Application of Foreign Law
- Ascertainment of Foreign Law
- Comparative Law
- Conflict of Laws
- Conflict of Laws Rules and Foreign Law
- Failure to Establish Foreign Law
- Foreign Law
- Foreign Law before Judicial Authorities
- Foreign law in Other Instances
- Hague Conference on Private International Law
- Interpretation of Foreign Law
- Judicial Review
- Nature of Foreign Law
- Organization of American States
- Private International law
- Proof of and Information About Foreign Law
About this book
This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.
Editors and Affiliations
About the editor
Bibliographic Information
Book Title: Treatment of Foreign Law - Dynamics towards Convergence?
Editors: Yuko Nishitani
Series Title: Ius Comparatum - Global Studies in Comparative Law
DOI: https://doi.org/10.1007/978-3-319-56574-3
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG 2017
Hardcover ISBN: 978-3-319-56572-9Published: 14 July 2017
Softcover ISBN: 978-3-319-85946-0Published: 12 August 2018
eBook ISBN: 978-3-319-56574-3Published: 04 July 2017
Series ISSN: 2214-6881
Series E-ISSN: 2214-689X
Edition Number: 1
Number of Pages: XIII, 643
Number of Illustrations: 2 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law , Civil Procedure Law