Bibliografía - Novedad editorial

 La editorial Brill acaba de publicar en la serie Collected Courses of The Hague Academy of International Law - Recueil des cours, Vol. 449, el curso del profesor Carlos Esplugues, Catedrático de Derecho Internacional Privado de la Universidad de Valencia, titulado "New Dimensions in the Application of Foreign Law by Courts (and Arbitrators) and Non-Judicial Authorities".

Private international law is a field of law that is particularly permeable to its environment. This openness to the outside world has historically manifested itself in the question of the application of foreign law, the answers to which, far from being strictly legal, have also reflected political, economic and geostrategic reasons. Starting from this premise, the course will, firstly, assess the validity of the equation "foreign law = foreign State private law", based on the triple idea of the reformulation of the role of the State at the national and international levels, the acceptance - even encouragement - by the State of the presence of private providers of legal services, and the reappearance of normative realities outside the State, which enjoy varying degrees of acceptance and sympathy. Second, it analyses the usual incoherence between theoretical positions on the nature of applicable law and their practice in most places in the world. This is done, thirdly, overcoming the traditional US-Eurocentric approach to the subject by opening up the study to the responses of a large number of jurisdictions outside the US and Europe, where the future of the discipline will be decided.

Extracto del índice del Curso:

Chapter I. Beyond the legal discourse: Geopolitics, Private International Law and the admission of foreign law
1. Those early days when PIL did not exist
2. The emergence of the first PIL responses
3. A step further: The development of the principle of comity (and vested rights)
4. The paths diverge: continental Europe, Anglo-Saxon countries and Iberoamerica
4.1. The rise and blurring of the internationalist approach in continental Europe
4.2. From comity to autarky: UK and the US
4.3. Iberoamerica and the beauty of fusion
5. Diving into the fog: Admitting, as a rule or exception, the possible application of foreign law

Chapter II. The playing field for foreign law: the pier and the quicksand
1. First: The changing terrain for foreign law
1.1. The technological revolution, climate change and the principle of party autonomy as some factors broadening the playing field for foreign law
1.2. PIL and other exogenous factors narrowing the playing field for foreign law
2. Second: The end of the State’s judge as the sole actor in the process of applying foreign law
2.1. The growing role of State’s non-judicial authorities
2.2. The very particular situation of international commercial arbitrators
3. Third: The evolving and relative meaning of “application” of foreign “law”
3.1. Applying foreign law v. taking foreign law into account
3.2. The choice-of-law rule and foreign public law
3.3. Beyond State law
3.4. A particular landscape: The nature of the law to be applied by the arbitrator to the substance of the dispute
4. A slippery issue and the fluctuating reality of PIL: not such a beautiful friendship

Chapter III. The nightmare in practice: How is foreign law applied?
1. The application of foreign law by national authorities
1.1. The relativity of the conventional responses provided
2. The system in practice: The link between the treatment of foreign law before national authorities and its legal, factual or hybrid consideration
2.1. The several natures awarded to foreign law 
2.2. Does taxonomy really matter? 
2.3. The difficult -almost impossible- projection of any taxonomy
3. Foreign law before State courts 
3.1. The plead of foreign law
3.2. The ascertainment of the content of foreign law
3.3. The means available to ascertain the content of foreign law 
3.4. The costs of ascertaining the validity, content and interpretation of foreign law and the availability of legal aid
3.5. Considering the content of the foreign law as proven and the consequences of the lack of proof
3.6. The application, non-application or wrong of foreign law 
3.7. A practice anchored in hybridity
4. The application of foreign law by State non-judicial authorities
5. A fully particular world: The application of “foreign” law by international commercial arbitrators 
5.1. The plead of the rules of law applicable to the merits of the dispute
5.2. The potential cooperation between the arbitrator and the parties in the ascertaining of the content of the applicable rules of law

Epilogue. The never-ending story... until the consolidation of AI?

Ficha:

C. Esplugues
"New Dimensions in the Application of Foreign Law by Courts (and Arbitrators) and non-Judicial Authorities"
Brill, 2025 - Series: Collected Courses of The Hague Academy of International Law - Recueil des cours, Volume: 449
€164.30 - €155.00 excl. VAT
ISBN: 978-90-04-74875-0