Autonomy in International Contracts by Peter Nygh

Autonomy in International Contracts

byPeter Nygh

Hardcover | January 1, 1999

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This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuseson the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the LawApplicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law. Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can bejustified for the protection of weaker parties or genuine state interests. This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike. This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.

About The Author

Peter Nygh is an Australian academic and judge. He is Adjunct Professor in Law at the University of New South Wales, Sydney.

Details & Specs

Title:Autonomy in International ContractsFormat:HardcoverPublished:January 1, 1999Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198262701

ISBN - 13:9780198262701

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Table of Contents

1. Introduction2. The source of autonomy3. The limits on the exercise of autonomy4. The validity of the choice of law clause5. The implied or tacit choice6. Contract splitting7. The protection of the weaker party8. The contract sans loi9. Mandatory rules10. The interrelationships between choice of law in contract and tort

Editorial Reviews

`Nygh's monograph is a sustained very thoroughly researched work, drawing on a wide range of national and international sources. As a scholarly work, Nygh's book is a sustained , thoughtful and thought provoking analysis, which will doubtless occupy a focal position in the literature on thissubject for many years to come.'Jonathon Harris, Civil Justice Quarterly