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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEWS - EMPLOYMENT CONTRACTS IN PRIVATE INTERNATIONAL LAW

EMPLOYMENT CONTRACTS IN PRIVATE INTERNATIONAL LAW. Louise Merrett, Fellow of Trinity College, Senior Lecturer, University of Cambridge, Barrister. Oxford University Press, Oxford (2011) xxxix and 317 pp, plus 2 pp Bibliography and 9 pp Index. Hardback £95.
Ms Merrett has produced a neat, tidy and readable account of the private international law of employment contracts. If there is any doubt about the project, it is whether this law—which is peculiarly untidy, much of which is statutory, and very little of which appears to have been made with an eye to the issues which keep private international lawyers awake at night—is capable of being organised into a concise, coherent and sufficient form. It is a particular challenge because, by contrast with much of private international law, an awareness of the underlying structures of domestic law is necessary before the private international dimension can properly be understood. Over the course of 300 pages the book covers jurisdiction in its various senses (by reference to the Brussels and Lugano rules, the common law, and legislation made at Westminster), choice of law (by reference to the Rome Convention and Regulations, as well as such pre-Rome conflict of laws rules as still survive) and three special topics (the impact of mandatory rules, issues relating to posted workers and the international enforcement of restrictive covenants). It seems fair to say that this book will be one of the small number of texts useful to those dealing with employment law disputes, but that it will neither claim nor expect to be a substitute for them. Given the disorderliness of the law, there are rather few among the very many points made by Ms Merrett to which one would not respond with a “but surely, on the other hand, … “ observation, so the book will contribute to the debates, rather than put them to bed. Her style is careful and moderate and undogmatic. All this makes the book a Good Thing.

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