The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...

One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...

Dit artikel gaat over de bepalingen van het Wetboek Internationaal Privaatrecht en familiaal vermogensrecht. De bepalingen omvatten relatievermogensrecht, erfrecht (inclusief testamenten) en schenkingen. In this article I discuss the provisions of the Codex of Conflicts of Law on Family Property...

This paper looks at the current status and role of specific commercial contract law within a setting of international and European contract law reform projects. It recapitulates the value and necessity of a special contract law for merchants and discusses critically the terminology and doctrine...

This paper addresses the complexity of legal issues arising as a result of the deployment of international investment agreements (IIAs), as substantive regulatory and enforcement devices, for the protection of intellectual property rights. Its overriding analytical framework, proposes that...

Catastrophe cements a reputation, and the public pension crisis has been rapid and remarkable. Faced with alarming actuarial deficits, state and local legislatures are enacting comprehensive reforms to avoid insolvency. Government employees, however, are challenging these reforms under the...

This Article posits that international law on investment protection develops as a common law through adjudication of investor-state disputes. It reviews the three prevalent theories on the development of international law on investment protection. These three theories are (a) that investor-state...

The notion of a transnational law has been under dispute for several decades. After Philip Jessup in his widely-known Storrs Lecture on Jurisprudence at the Yale Law School had coined the phrase in 1956, it has been used in numerous contexts. One of the most influential narratives of...

Outer space ... shall be the province of all mankind. The historic launch by the then Union of Soviet Socialist Republics (“USSR”) of Sputnik I on October 4, 1957 signaled the beginning of the space race. The following years witnessed such seminal events as the placing of men in orbit and...