Journal•ISSN: 1744-1048
Journal of Private International Law
Taylor & Francis
About: Journal of Private International Law is an academic journal published by Taylor & Francis. The journal publishes majorly in the area(s): Conflict of laws & Jurisdiction. It has an ISSN identifier of 1744-1048. Over the lifetime, 321 publications have been published receiving 1442 citations. The journal is also known as: J. Priv. Int. L. & JPIL.
Papers published on a yearly basis
Papers
More filters
TL;DR: In this article, an urgent need for legal regulation at the International Level Journal of Private International Law: Vol 7, No 3, pp 627-647 is discussed, with a focus on international surrogacy arrangements.
Abstract: (2011) International Surrogacy Arrangements: An urgent need for Legal Regulation at the International Level Journal of Private International Law: Vol 7, No 3, pp 627-647
49 citations
TL;DR: In this article, the authors look at the justifications for limits on public policy in private international law, and consider three principles which should constrain the application of public policy: proximity, relativity and seriousness of breach.
Abstract: Public policy is both a ubiquitous and fundamentally important part of private international law, defining the limits of the tolerance of difference implicit in rules on choice of law and the recognition and enforcement of foreign judgments. It has, however, been frequently criticised for its uncertainty and discretionary character. This article looks at the justifications for limits on public policy in private international law, and considers three principles which should constrain the application of public policy – proximity, relativity and seriousness of breach. It then analyses the practice of English courts through the perspective of these three ‘dimensions’. While the courts do not expressly acknowledge these principles, they not only explain the majority of cases involving the application of (or refusal to apply) public policy in private international law, but also provide reasons why certain decisions have been considered unsatisfactory. The argument developed in this article thus suggests an analytical framework through which the application of public policy in private international law might be made more certain, principled and justifiable.
31 citations
TL;DR: The choice of law in international contracts in Latin American legal systems was discussed in this article, where the authors focused on the choice of the law in contracts in the context of private international law.
Abstract: (2010). Choice of Law in International Contracts in Latin American Legal Systems. Journal of Private International Law: Vol. 6, No. 1, pp. 23-58.
25 citations
TL;DR: In the past 15 years, international surrogacy has grown from a niche practice catering only to a few adventurous couples, to a convenient response to infertility for those who would otherwise be...
Abstract: Over the past 15 years, international surrogacy has grown from a niche practice catering only to a few adventurous couples, to a convenient response to infertility for those who would otherwise be ...
24 citations
TL;DR: The Public Policy and Mandatory Rules of Third Countries in International Contracts as mentioned in this paper, is a seminal work in the field of international contract law, focusing on the third country in international contracts.
Abstract: (2006). The Public Policy and Mandatory Rules of Third Countries in International Contracts. Journal of Private International Law: Vol. 2, No. 1, pp. 27-70.
19 citations