Apr 1st 2017, 22:29

ANOTHER EXCELLENT NEW ACADEMIC TEXT BOOK
FOR LAW UNDERGRADUATES FROM EDWARD ELGAR PUBLISHING IN POST-BREXIT BRITAIN

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Professor Gilles Cuniberti offers new students an excellent approach to the study of the Conflict of Laws, also known as private international law, with this comparative approach which is both a text book and a case book.

It remains a field of law of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply. Do read Cuniberti’s introduction to the book before you consider the contents in greater detail.

As the author says, “contrary to other manuals or casebooks, which focus on the law of one jurisdiction, this innovative casebook offers a comparative treatment of the field”. Yes, indeed- on every issue, materials from several jurisdictions are discussed and compared which students will find most useful.

The academic approach focusses on comprehending the common principles of the field, but also highlights the fundamental differences. The purpose is to educate lawyers who “not only will know the law of their own jurisdiction, but also will understand the key differences existing between the main models, and will thus be able to interact usefully with clients from other jurisdictions”. And that is what you get with this refreshing work from Elgar.

We feel it is also an excellent casebook which, as the author says, “systematically presents and compares the laws of four jurisdictions: the United States, the European Union, France and England (where left untouched by EU harmonization)”. The effect of Britain’s decision to leave the EU will not, in the short term affect the contents although there are bound to be major changes ahead in the next decade as EU Law are reviewed within the United Kingdom.

The comparative approach adopted by Cuniberti gives additional insight into rules applicable in China and Japan and discusses remarkable solutions adopted in a wide range of jurisdictions such as Italy, Germany, the Netherlands, Canada and Tunisia.

It is most helpful that all materials from non-English speaking jurisdictions have been translated into English. The main features of the book written by a leading authority in the field, Professor Cuniberti, include these areas: carefully selected extracts from primary and secondary sources build a clear picture of the field; expert analytical commentary and questions set the extracts in context; US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments; and numerous references to Chinese and Japanese solutions.

The author leads the reader through the field from the beginning to end in a most satisfactory way and is “perfectly pitched for international students and courses with a global outlook” as the cover suggests and is a great complement to an undergraduate’s growing law library.

The publication date is cited as at 2017.

'While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field has become a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!' --(Horatia Muir Watt, Sciences-Po Law School, France)