The Law of Open Societies — Private Ordering and Public Regulation of International Relations. General Course on Private International Law by J. Basedow, Director of the Max Planck Institute for Comparative and International Private Law.
The General Course presents private international law from a viewpoint of private and public actors in an open society. Departing from political philosophy it describes the growing permeability of frontiers by statistical data on trade and migration as well as the legal underpinnings of open societies in public international law. A main consequence is the increasing significance of private ordering. It is reflected by contractual arrangements that channel the risks of cross-border deals to professionals, by a growing role of choice of law, by the emergence of optional instruments in the EU, and by the permission to private actors to indirectly choose the applicable law by the deliberate establishment of connecting factors. Public actors – States – still have the responsibility and the possibility to pursue public interests: in their relations with other States; to outweigh market imperfections (consumer law, labour law); to protect the public good and foundational values by imperative norms.
Co-publication with: The Hague Academy of International Law.
Jürgen Basedow, born on 29 September 1949 at Hamburg, Germany Universities of Hamburg, Geneva and Pavìa; first and Second State examinations in Law, Free and Hanseatic City of Hamburg (1974 and 1978); Visiting Research Fellow, Asser Instituut voor Internationaal Recht, The Hague (1977); Research Associate, Institut de droit comparé, Paris (1977-1978); Dr. iur., University of Hamburg (1979); Research Fellow, Max Planck Institute for Comparative and International Private Law (1979-1986); LL.M. Harvard University (1981); Dr. iur. habil., University of Hamburg (1986). Professor of Law, University of Augsburg (1987-1995, dean, 1993-1994); Professor of Law, Free University of Berlin (1995-1997); Director, Max Planck Institute for Comparative and International Private Law and Professor of Law, University of Hamburg (since 1997); Chairman of the humanities Section of the Max planck Society (2000-2003); Acting Director, Max planck institute for History (2004-2006). Otto Hahn Medal of the Max planck Society for the advancement of Science (1979) ; Kurt hartwig Siemers award, Hamburgische Wissenschaftliche Stiftung (1987); Award of the Stinnes Foundation (1989); Honorary Doctorate in Law, University of Stockholm (2002); Honorary Professor at Xi’an Jiaotong University; Honorary Doctorate in Economics, Leuphana University of Lüneburg (2012); Honorary Doctorate in Law, State University of Tbilisi (2012). Visiting Professor at the following universities: Ferrara (1989, 1991); Genoa (1989, 1991), Lyon 3-Jean Moulin (1992, 1997); New York University (2011); Oxford (2003); Paris 2-Panthéon-Assas (2001); Pittsburgh, pa. (1993); Rotterdam (2000); Tunis 2 (2002); Xi’an Jiaotong University as Marco Polo Fellow of the Silk Road Institute (2008); Hague Academy of International Law: Director of Studies (1987), course on international competition law (in French, 1997). Associate Member of the Institut de droit international (since 2011); Titular Member (since 1998) and Secretary General (since 2006), international academy of comparative Law; Member of the Groupe européen de droit international privé (since 2000); Member of the Academia Europaea (since 2000); Member (since 1998) and President (2006-2008), International Academy of Commercial and Consumer Law; Honorary Member of the Hungarian Academy of Sciences (since 2007); Member, American Law institute (since 2008). Member of various advisory committees of the German government and the European Commission: Deregulation Committee (Federal Ministry of Economic Affairs, 1988-1991); German council of private international Law (federal Ministry of Justice, since 1988); committee on Licensing of Mass consignments (federal Ministry of post and communications, 1992-1993); Committee on Transport Law (Federal Ministry of Justice, 1992-1996) ; Advisory Board of the Federal Ministry of Transport (1997-2000); German Monopoly Commission (2000-2008, chairman 2004-2008); Committee on Insurance Law (FederalMinistry of Justice, 2000-2004); Think Tank on private enforcement of competition Law (European Commission, DG competition, 2004-2005); Advisory Board of the German Supervisory authority for financial Services, BAFIN (2005-2010); Expert Group on insurance Law (European Commission, DG Justice, 2013-2015). Co-founder and co-editor of the Zeitschrift für Europäisches Privatrecht (ZEuP);Co-editor of Rabels Zeitschrift für ausländisches und internationales Privatrecht (RabelsZ) and of Europäische Zeitschrift für Wirtschaftsrecht, coeditor of the Max Planck Encyclopedia of European Private Law, oxford, 2012.
The Law of Open Societies — Private Ordering and Public Regulation of International Relations. General Course on Private International Law by Jürgen Basedow, Director of the Max Planck Institute for Comparative and International Private Law: Excerpt of table of contents: Introduction; Part I. From Closed Nation-States to the Open Society: Chapter I. The Advent of the Open Society; Chapter II. Globalization and the Law; Part II. Private Ordering: Chapter III. Substantive “Anational” Private Arrangements; Chapter IV. Theory of Choice of Law and Party Autonomy; Chapter V. New Domains for Party Autonomy; Chapter VI. Optional Law in Europe; Chapter VII. Deliberate Connections (Indirect Choice of Law); Part III. Public Regulation: Chapter VIII. State Action between International and Municipal Law; Chapter IX. Foreign Policy Measures and Their Effects in Private Law; Chapter X. Countervailing State Measures for Asymmetric Private Relations; Chapter XI. Imperative Norms: Protection of Foundational Principles; General Conclusion; Bibliography.