Private International Law
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Private International Law

Contemporary Challenges and Continuing Relevance

Edited by Franco Ferrari and Diego P. Fernández Arroyo

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
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Chapter 15: Foreign law in domestic courts: challenges and future developments

Yuko Nishitani

Abstract

This chapter analyses current issues concerning the treatment of foreign law and seeks to find ways for future developments. After giving some preliminary considerations on the methods of private international law and the nature of foreign law, it delineates comparatively whether and to what extent conflict of laws rules are applied ex officio, how foreign law is introduced in court proceedings and how foreign law is ascertained. Based on these findings, the chapter tackles contemporary challenges of how to ensure an effective operation of uniform or harmonized conflicts rules at regional or international level. It seeks possible solutions to enhance harmonization of the treatment of foreign law and improve access to foreign law.

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