Univ., Diss.--Lausanne, 2000.

Habilitationsschrift - Cologne. / Bibliography: p. [381]-426.

Thesis (Ph. D.)--Université de Lausanne. Faculté de Droit, 1996. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (p. 345-367) and index.

Zugl.: Frankfurt (Main), Universiẗat, Diss., 2003. / Includes bibliographical references.

LL.M. (International Commercial Law) / The Original BRIC Organization comprising Brazil, Russia, India and China, was first conceived in 2001 as part of an economic modeling exercise to forecast global economic trends. Fast forward almost a decade into its existence and BRIC was up for a change. The BRIC foreign Ministers at a meeting held in New York in 2010, came to an agreement to invite South Africa to join the Organization. On the 14 April 2011, South Africa attended the first joint summit, evolving the former BRIC to what is known today as BRICS, the “S” referring to South Africa. This move is seen as a significant step, as its members‟ now come from four different continents and is sure to turn heads in the “old North”, what used to be the traditional Western dominance over the global economy. BRICS comprises some of the world‟s fastest growing and biggest economies, as illustrated by the statistics that emanated from the most recent summit held in Durban in March 2013. Senior Goldman Sachs economist Jim O‟ Neil, the person responsible for coining the „BRIC‟ acronym, predicted in 2001 that the combined economies of Brazil, Russia and China would overtake the United States and the G-7 countries. Since that bold statement in 2001, the words uttered by O‟Neil have become more than just a prediction. As Bidwai points out, BRICS account for over 40% of the world‟s population, 18% of its market- exchange GDP, 15% of world trade and two-fifths of its foreign currency reserves. It goes without saying that the BRICS group has many advantages and strengths that would stand it in good stead going forward. As previously stated, its members are among the fastest growing in the world, economically speaking, and were also least affected by the financial crisis that rocked many of the world‟s powerhouses. There has even been talk of a BRICS Development Bank, which was first tabled in 2012 at the Delhi summit. Although discussions are in its infancy, a proposed $100-billion currency-stabilization contingency reserve arrangement is to be negotiated...

Magister Legum - LLM / Arbitration is the preferred method of dispute resolution in international trade. Naturally, a set of rules is necessary to govern the conflict’s resolution. For cultural, political, economical or other reasons the parties’ national laws may not serve the individual interests and needs of that particular contract well. If one wants to avoid the application of both parties’ national laws, one can choose that the contract be governed by an a-national legal standard, e.g. general principles of International Trade Law or the general usages of a particular trade. These internationally accepted principles of law governing contractual relations are called lex mercatoria (law merchant). Lex mercatoria already existed in the Middle Ages and can even be dated back to antiquity. Later it disappeared through the nationalization of International Trade Law and was rediscovered in the 1950s, when international traders were again creating their own law and disputes were increasingly resolved outside of the national jurisdictions and applying a-national law. Lex mercatoria is being applied more and more by arbitrators and is therefore becoming increasingly important for dispute resolution in International Trade. Numerous different concepts and theories of lex mercatoria have been developed. Its being an autonomous legal system is questioned by some authors and the doctrine in favour of it called unfounded. The critics also argue that the authority to apply lex mercatoria may be a recipe for amateurism and the substitution of the arbitrator’s private preferences for the parties’ intentions, for itis easy to proclaim common principles on the basis of limited knowledge. The lex mercatoria is said only to exist because scholars talk about it. However, these and other allegations can be refuted by critically analyzing the arguments that are supposed to underline those assumptions. Applying lex mercatoria to solve international trade disputes has many advantages. By choosing lex mercatoria the parties avoid rules which are unfit for international contracts, e.g. peculiar formalities, brief cut-off periods and special difficulties created by domestic laws. In addition to that, neither of the parties has the advantage of having the dispute governed by his own law. Since one of the central rules is the principle of good faith and fair dealing, lex mercatoria neither leads to arbitrary results nor does it favour the rich. Is it possible for the arbitrators to apply lex mercatoria if no law has been chosen by the parties? The failure of the parties to indicate a choice could well mean that they did not wish to have their contract governed by any of their national laws. In some awards arbitrators applied lex mercatoria as they considered the community of international merchants to be autonomous and to exist beyond national legislation. However, it cannot be deduced from the absence of such a choice that the parties have impliedly chosen lex mercatoria to be the law governing the conflict. Lex mercatoria is applicable only as a subsidiary law in cases where no national law has been chosen and seems apt. / South Africa

The submitted dissertation is exploring the rules of conflict-of-laws in the Israeli legal system. It does not only cover the rules of private international law but also inter-religious rules of conflict-of-laws. There is a special focus on religious legal systems, especially on Jewish law and its rules. The religious law in Israel does regulate rights of the personal status and therefore it imminent that conflicts between various religious legal systems as well as between religious and state law may occur. The thesis, in the beginning, tries to cover the development of Israeli law since the Ottoman times directly preceding the establishment of the British mandate over Palestine. Keywords: Israel, conflict-of-laws, Jewish law

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