Legal Aspects of Globalisation

by Basedow, Jurgen

• ISBN13: 9789041113320
• ISBN10: 9041113320
• Format: Hardcover
• Copyright: 2000-02-01
• Publisher: Kluwer Law Intl

Summary

The phenomenon of increased interconnectedness of the world's societies, generally referred to as 'globalisation', Is not only changing our everyday life, it also influences the legal framework we are living in. The challenges brought about by this process are especially great in fields of law which are by their very nature international such as Private International Law, The Law of Capital Markets, International Insolvency Law or the Law of the Internet. Can, For example, established conflict-of-law rules survive in a globalised world? What options exist for regulating capital markets in the era of globalisation? Are national laws on international insolvencies prepared For The increasing number of cross-border insolvency proceedings or does the UNCITRAL Model Law on Cross-Border Insolvency show the way? How can national or international legislators react To The new forms of torts and copyright infringements via the World Wide Web? These are some of the questions which eminent scholars from Japan and Germany try to answer in this volume. All essays are based on contributions to a symposium which took place in Fukuoka, Japan, On 28-29 March, 1999.

Table of Contents

Contributors	ix
Abbreviations	xi
The Effects of Globalization on Private International Law	1	(10)
Jurgen Basedow
Part 1: The Internet, Private Law and International Private Law	11	(56)
Electronic Money and Information Society	13	(14)
Mitsuru Iwamura
Private Law in the Era of Internet	27	(8)
Shinichiro Hayakawa
Electronic Commerce and Law---Some Fragmentary Thoughts on the Future of Internet Regulation from a German Perspective	35	(14)
Thomas Hoeren
Law Applicable to Torts and Copyright Infringement through the Internet	49	(18)
Masato Dogauchi
Part 2: The Law and International Finance	67	(82)
Globalization of Capital Markets: A Perspective from Japan	69	(8)
Hideki Kanda
Globalizing Capital Markets and Possible Regulatory Responses	77	(56)
Harald Baum
Globalization of Finance: How to Deal with Mandatory Rules	133	(16)
Yoshiaki Nomura
Part 3: International Insolvency and International Private Law	149	(78)
UNCITRAL Model Law and the Comprehensive Reform of Japanese Insolvency Laws	151	(14)
Junichi Matsushita
International Bankruptcy from the viewpoint of Private International Law and International Civil Procedure	165	(10)
Yoshihisa Hayakawa
German International Insolvency Law under the New Insolvency Code: Continuity and Evolution	175	(22)
Alexander Trunk
Choice of Law in International Insolvencies---A Proposal for Reform	197	(16)
Peter von Wilmowsky
The Recognition of Foreign Insolvency Proceedings and Private International Law	213	(14)
Toshiyuki Kono
Index	227