Episode two of Law Out Loud brings together Erasmus Graduate School of Law PhD researcher Priskila Penasthika (better known by her nickname ‘Tita’) and Professor Xandra Kramer, who is an expert in private law and private international law.
Globalisation has brought a huge increase to cross border trade in recent decades, and Tita sets out the significance of ‘choice of law’ when undertaking cross border transactions. Xandra and Tita then go on to consider various instruments of private international law, such as the Rome I and II regulations of the European Union, the Mexico Convention applying to Latin America, and the 2015 Hague Principles on Choice of Law in International Commercial Contracts. There have been difficulties fostering universal uptake of these instruments, and Tita explains her PhD research project which involves identifying reasons why some courts reject a choice of foreign law. She and Xandra then discuss the case of Indonesia, its aspirations to become the world’s 5thlargest economy, and changes which may need to be made to its rules governing choice of law if it is to achieve that goal.
Episode 2: Tita and Xandra “Choice of Law in International Commercial Contracts”
Host: Liam Wells
Junior: Priskila Penasthika
Senior: Xandra Kramer
Law Out Loud
In Law Out Loud we turn the table between senior and junior researchers/experts. The research question of every PhD candidate is unique, and so even a Professor can learn something from those at the very earliest stage of their careers! In every episode of the series, a PhD researcher – our junior researcher – gets the opportunity to explain their research to a senior academic/expert in the same field. The senior, in turn, seeks to learn from the junior and contribute related insights from their own research. The topics in the series cover legal responses to new social, economic, environmental, and technological developments. These range from: consumer protection under new business models, to the rise of high frequency trading in the stock market, and the use of new forms of dispute resolution in addition to the courts.
Law Out Loud is funded by the Erasmus Graduate School of Law, and each episode is produced and edited by EGSL PhD researchers: Liam Wells, Josje de Vogel, Sophia Paulini and Georgia Antonopoulou.