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NILR 2013
BOOK REVIEWS
M. BOGDAN, Private International Law as Component of the Law of the Forum, Hague Academy of International Law, The Hague 2012, 352 pp. ISBN 978-90-04-22634-0.doi:10.1017/S0165070X12001076
Regardless of its name, private international law is classied, by most private international lawyers, as domestic law dealing with disputes with foreign elements. Different from other branches of domestic law, however, private international law frequently gives effects to the law and interest of another country. It raises questions: What is the difference between private international law and other domestic laws? What value does a country want to achieve through private international law? Why does a country intend to use private international law to give effects to foreign law in the absence of any treaty obligations? Professor Michael Bogdan answers these questions in the book Private International Law as Component of the Law of the Forum. This is one of the collections of law lectures presented at the Hague Academy of International Law. The Hague General Course on Private International Law has an almost eighty-year history and has a high reputation among private international law scholars. The collected courses are widely regarded as being one of the most important and renowned publications in the eld of private international law.
Sharing the same high standard and quality of the other collected courses, this book provides an in-depth and profound discussion of the most fundamental theories of private international law. This book includes 17 chapters covering most aspects and fundamental theoretical issues of private international law, including the pleading and proof of foreign law (chapters 6 and 7), classication (chapter 8), renvoi (chapter 9), public policy and mandatory rules (chapter 10), the abuse of private international law (chapter 11), non-state norms (chapter 12), legal phenomena unkown to the lex fori (chapter 13), preliminary questions (chapter 14), the problem of equivalence (chapter 15), adjustment (chapter 16) and foreign public law (chapter 17). It also touches upon the area of arbitration (chapter 5 and chapter 10.7). In general, this is a comprehensive book of general private international law theories in a nutshell.
Private international law, in this book, primarily refers to the choice of law. Jurisdiction and the recognition and enforcement of judgments are not its main focus and they are...