Collected Courses of the Hague Academy of International Law

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Peremptory Norms and Private International Law (Volume 139)

(25,356 words)

Author(s): Eek, Hilding
Eek, Hilding Keywords: Ius cogens | Private international law | Public order | Mots clefs: Jus cogens | Droit international privé | Ordre public | ABSTRACT Hilding Eek, Professor at the University of Stockholm, devotes his course to the rules for immediate application in private international law. After a presentation of the general rules on conflict of laws, the author presents the mechanism of public policy, from which the rules are distinguished for immediate application. Hilding Eek, professeur à l'Université de Stockholm, consacre son cours aux règles d'applicatio…

Rules of Public Order in Private International Labour Law (Volume 181)

(21,303 words)

Author(s): Gamillscheg, F.
Gamillscheg, F. Keywords: International labour law | Public order | Private international law | Mots clefs: Droit international ouvrier | Ordre public | ABSTRACT F. Gamillscheg points out in his introduction to the course on the Rules of Public Order in Private International Labor Law that issues related to international labor law are inseparable from the problem of the application of foreign labor law. Few authors consider that these two themes are identical. The author begins his course with a study of national and i…

Exceptions to the Operation of Choice of Law Rules (Volume 217)

(85,805 words)

Author(s): Mosconi, Franco
Mosconi, Franco Keywords: Public order | Private international law | Mots clefs: Droit international public | Droit international privé | ABSTRACT Franco Mosconi, Professor at the University of Pavia, puts forward a hypothesis that there exists a "general principle of law recognized by civilized nations", which requires States, when situations are not solely governed by their domestic law, to leave a possibility for the application of rules drawn from foreign legal systems. If one accepts the existence of such a pri…

L’ordre public et le but social des lois en droit international privé (Volume 239)

(40,161 words)

Author(s): Bucher, Andreas
Bucher, Andreas Keywords: Public order | Private international law | Mots clefs: Ordre public | Droit international privé | ABSTRACT If it is true, as Andreas Bucher, Professor at the University of Geneva says, that public policy is one of the concepts that is best assimilated in the various systems of private international law, its relationship to the rules of conflicts of laws is much less clear. With regard to the undeniable social dimension of the law of the modern state, is it really possible to entrust the re…

L’ordre public dans les sentences arbitrales (Volume 249)

(22,666 words)

Author(s): Fadlallah, Ibrahim
Fadlallah, Ibrahim Keywords: Public order | Arbitration | Mots clefs: L'Ordre public | Arbitrage | ABSTRACT In this course, Ibrahim Fadlallah discusses Arbitrator’s behavior in the face of a public policy rule. The course is an inquiry based on the methodical counting of many awards published mainly in the two collections of the International Chamber of Commerce, the Journal of International Law and the Yearbook of Commercial Arbitration as well as in the French Journal of Arbitration. After a brief introductio…

Evolution of Principles for Resolving Conflicts in the Field of Contracts and Torts (Volume 283)

(130,591 words)

Author(s): Dolinger, Jacob
Dolinger, Jacob Keywords: Legal principles | Private international law | Public order | Convention on the Law applicable to Contractual obligations (Rome, 19 June 1980) | Law of contracts | Contracts | Torts | Mots clefs: Principes généraux du droit | Droit international privé | Ordre public | Convention sur la loi applicable aux obligations contractuelles [Rome, 19 juin 1980] | Droit des obligations | Contrats | Quasi-contrats et quasi-délits | ABSTRACT Professor Jacob Dolinger, Professor at the Rio de Janeiro State University, divides his course on the evolution o…