Janeen M. Carruthers

CONNECTION AND COHERENCE BETWEEN AND AMONG EUROPEAN INSTRUMENTS IN THE PRIVATE INTERNATIONAL LAW OF OBLIGATIONS

This article considers points of connection and coherence between and among the Rome I Regulation, the Rome II Regulation, and Regulation 1215, and relevant predecessor instruments. The degree of consistency in aim, design and detail of conflict of laws rules is examined, vertically (between/among consecutive instruments) and horizontally (across cognate instruments). Symbiosis between instruments is explored, as is the interrelationship between choice of court and choice of law. Disadvantaged parties, and the cohesiveness of their treatment under the Regulations, receive particular attention.

Transfer of Property and Private International Law

This comprehensive new title brings together seminal articles on the subject of transfer of property and private international law, ranging from the early twentieth century to present day. The first volume focuses on classic principles concerning the lex situs rule, as well as on specialities regarding immovable property and movable property, conditional sale and securities transactions, goods in transit and confiscation of property. The second volume is devoted to an in depth and insightful discussion of cultural property and private international law. With an original introduction by the editor, the collection provides a valuable source of reference for researchers and academics.This article explores the first and arguably most important procedural choice a party can make when instituting a claim in respect to Nazi-era art, namely between alternative dispute resolution (“ADR”) and state court litigation. A sound analysis of the meeting points and potential conflicts of processes involving administrative bodies, ADR fora and the judiciary can contribute to more effective law reform. The looting of art by the Nazis during WWII at the behest of Adolf Hitler, Reichsmarshall Hermann Goering and the Minister of Art and Culture, Alfred Rosenberg, was not a simple by-product of war. The looting was part of the “Final Solution” that required deliberate and methodical extinction of a culture. The “Final Solution” entailed a dramatic denial of the interests of a generation who lived then, and also of the interests of future generations, by rendering the past inaccessible. Photographs of artwork and furniture taken from across Europe by the Nazis appear in albums from which Hitler made selections for various museums, as if from “shopping catalogues.” Third Reich forces targeted artwork in France, Italy, the Netherlands, Poland, Germany and Russia. Degenerate Art was looted from German artists to be sent to the

PARTY AUTONOMY IN THE LEGAL REGULATION OF ADULT RELATIONSHIPS: WHAT PLACE FOR PARTY CHOICE IN PRIVATE INTERNATIONAL LAW?

This article is an examination of the merits of permitting the exercise of party autonomy in choice of court and choice of law in respect of the personal and patrimonial aspects of adult relationships. It provides a commentary on the party autonomy provisions of EU harmonization instruments, actual and proposed, in family law. The treatment considers the particular issues of drafting which arise from the specialties of family law, and ponders whether or not the refinements required render the exercise of permitting party autonomy self-defeating.

De Facto Cohabitation: the International Private Law Dimension

A. INTRODUCTION B. THE NATURE OF THE RELATIONSHIP C. INTERNAL SCOTS LAW (1) Household goods (2) Money and property (3) Financial relief on termination D. SCOTTISH CONFLICT OF LAWS PERSPECTIVE E. JURISDICTION (1) Possible bases of jurisdiction (2) Council Regulation (EC) No 44/2001 (3) Residual Scottish rules of jurisdiction (4) Law Commission proposals for England and Wales (5) Jurisdiction of the English courts in family law (6) The need for new rules of jurisdiction (7) Conflicting jurisdictions F. CHOICE OF LAW (1) The position under the 2006 Act (2) Problems of mutability (3) Formulating a choice of law rule (4) Cohabitation contracts and opt-out agreements G. RECOGNITION OF OVERSEAS DECREES H. EU GREEN PAPER (1) Harmonised rules of jurisdiction (2) Harmonised choice of law rules I. CONCLUSION