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Indigenous customary laws often conflict with or contradict contract laws of foreign legal systems. If an indigenous person wishes to conduct an international transaction according to their customs, problems may arise where customs are inconsistent with governing laws. This paper examines the...
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Customary international law (“CIL”) forms the foundation of international law. Yet, there is considerable disagreement as to its formation and content, and it has been described as an incoherent mess. Many of the attempts to explain CIL are based on analogies to the law of Contracts, with...
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The long awaited first Act of China Private International Law, Law of Application of Law for Foreign-related Civil Relations of People's Republic of China (LALFCR), was adopted on October 28 2010, and will come into force on April 1 2011. Unprecedented, the legislation of China expresses its...
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