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The law applicable to the assignment of claims or contracts after the Ordinance of 10 February 2016 First thoughts on conflict-of-laws issues from a French perspective

AbstractWhile the European Commission suggests regional legislative action to complete the conflict- of-laws rules applicable to the assignment of claims and contractual subrogations (COM(2016) 626 final), current events in France provide an incentive to re-examine the international regime of barely litigious day-to-day transactions relating to claims or contracts. In detail, the characterisations and scope of the respectively applicable laws are liable to vary in France with the changes in domestic civil-law rules. Then, in terms of principles, it would be worth thinking again about how to determine the law applicable to the erga omnes effectiveness of transfer operations.

International law without terminus ? Reflections on Delimitation

While there is obviously no need to prove the importance of borders in the contemporary world, it is interesting to recall that the concern with where they run and questions of delimitation only became significant relatively recently, in the course of the eighteenth century. A notable exception to this is the question of border rivers whose meanderings modify supposedly ‘natural’ boundaries. Moreover, in contemporary practice, it is realised that the fact that many borders are not yet delimited and are still disputed is prejudicial neither to the definition of the State nor to the establishment of international relations. Even so, borders are a fundamental component of peaceful international relations, contrary to what supporters of a fully globalised world advocate, and it is best that hostile walls should not take their place.

Firms, contract law and the fight against climate change

The intensifying fight against climate change, reinforced by the Paris Agreement, is contributing to the formation of a new international contractual framework that the contracting parties organise or that they can legitimately expect to see applied, even if they have not provided for it by agreement. Implied duties, failure to comply, requirement of a certain quality of provision of service – be it French or foreign, European or international, contract law is not short of instruments in the fight against climate change.