Reed, Lucy Keywords: International crises | Public international law | Private international law | International dispute settlement | Iran-United States Claims Tribunal | United Nations Compensation Commission | North Korea | Nuclear energy | Mots clefs: Crises internationales | Droit international public | Droit international privé | Solution des différends internationaux | Tribunal irano-américain de réclamations | Commission de compensation des Nations Unies | Corée du Nord | Energie nucléaire | ABSTRACT Lucy Reed, partner at Freshfields Bruckhaus Deringer LLP in…

Dogauchi, Masato Keywords: Japan | Private international law | Legal history | Choice of law | Mots clefs: Japon | Droit international privé | Histoire du droit | Choix de la loi applicable | ABSTRACT The course of Masato Dogauchi, Professor at Waseda University in Tokyo, has two objectives. One is to provide a brief introduction to choice-of-law rules in Japan. The other is to present a four-step analysis in choice-of-law rules. This method of analysis is considered applicable not only to Japanese rules but also to rules on choi…

Fallon, Marc Keywords: European Economic Community | Private international law | European Union | Mots clefs: C.E.E. | Droit international privé | Union européenne | ABSTRACT In his course, Marc Fallon, Professor at the Catholic University of Leuven, sets out to measure the impact of the Community's body of rules relating to the internal market on the general theory of conflict of jurisdictions and conflicts of law. To this purpose, Professor Fallon demonstrates that it is possible for the Community to treat issues of pr…

Van Gerven, Walter Keywords: Europe | Private international law | Transfer of proceedings | European Union | Mots clefs: Europe | Droit international privé | Renvoi | Union européenne | ABSTRACT Professor Walter van Gerven starts from the observation that there exists on the same territory a multiplicity of levels of legal orders (for example, seven legal orders intervening at different levels in Belgium). M. van Gerven wonders how and on the basis of which criteria it is possible to formulate “conflict” or rather “referral” …

Kessedjian, Catherine Keywords: Codification | International commercial law | Private international law | International economic relations | Mots clefs: Codification | Droit commercial international | Droit international privé | Relations internationales économiques | ABSTRACT In this course, Catherine Kessedjian attempts to identify the concrete reality of the legal norms created to govern the operations, to understand the context in which the developments proposed by her take place, and to present as accurate a picture possibl…

E. Nygh, Peter Keywords: Australia | Law of contracts | Choice of law | Private international law | Contracts | Tort | Mots clefs: Australie | Droit des obligations | Choix de la loi applicable | Droit international privé | Contrats | Quasi-contrats et quasi-délits | ABSTRACT This course by Peter E. Nygh, Professor at Bond University on Australia's Gold Coast, addresses the role played by the "reasonable expectations of the parties" in conflicts regarding laws of contract and tort. The reasonable expectations of the parties include first of …

Bonomi, Andrea Keywords: Law of succession | Private international law | Mots clefs: Droit des successions | Droit international privé | ABSTRACT Mr. Bonomi notes that the law of international succession is a rich and complex subject. He deals with issues of classical private international law. These issues have already been the subject of numerous writings by scholars, but also the evolution of national systems and European perspectives justifying further study of the problems according to Professor Bonomi. As a par…

D. González Campos, Julio Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT This general course on private international law by Julio D. González Campos is guided by an idea: the current position of private international law with regard to its general function, that is to say, the regulation of private relationships across national borders, is only the result of the social and legal changes which took place since the middle of the nineteenth century. The actual state of priv…

Moura Vicente, Dário Keywords: Intellectual property | Private international law | Industrial property | Unification of law | Rights relating to literary and artistic works | Unfair competition | Dispute resolution | European Union | Mots clefs: Propriété intellectuelle | Droit international privé | Propriété industrielle et scientifique | Unification du droit | Propriété litteraire et artistique | Concurrence déloyale | Règlement de litiges d'ordre juridique | Union européenne | ABSTRACT The study conducted by Dario Moura Vicente, Professor at the University of Li…

C. Hartley, Trevor Keywords: Common law | Private international law | Mots clefs: Pays de Common law | Droit international privé | ABSTRACT In the opening pages of his course on private international law, Trevor C. Hartley, Professor Emeritus of the London School of Economics, reminds us that private international law, despite its name, is just a branch of the ordinary law of the land: it has no special authority. The only exceptions are the limited number of treaties and the increasing number of EU legal documents th…

Voulgaris, Ioannis Keywords: Leasing | Private international law | Mots clefs: Baux | Droit international privé | ABSTRACT Ioannis Voulgaris, Professor at the Komotini Demokritos University of Thrace, reminds us in the introduction to his course that the Convention of 1988 on International Financial Leasing was signed on the initiative of Unidroit, and that the convention provides at the same time for substantive rules and rules of conflict. In the first chapter of his course, Professor Voulgaris presents these s…

P. Pamboukis, Charalambos Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT Charalambos P. Pamboukis, Associate Professor at the University of Athens, points out in the introduction to his course that the paradigm of law has changed significantly. Today, we are experiencing a movement of communication integration with effects in various sectors of social, economic, and cultural life through the phenomenon of globalization. The salient feature of the evolution is the emergen…

Bucher, Andreas Keywords: Family law | Private international law | Mots clefs: Droit de la famille | Droit international privé | ABSTRACT Andreas Bucher, Professor at the University of Geneva, points out that private international law should take the personality and the interests of each family member into account. However, insofar as these interests are articulated differently for each legal relationship that forms the legal fabric of the family, the result is a certain disruption of the family status. Professor Buc…

Baratta, Roberto Keywords: Natural persons | Status | Rights | Effects of foreign instruments | Recognition | Private international law | Mots clefs: Personnes physiques | Statut | Droits | Effets des actes authentiques étrangers | Reconnaissance | Droit international privé | ABSTRACT Roberto Baratta, Professor at the University of Macerata, in his course, answers the problem of the "reaction" of private international law to the need of people who, in a society with increased mobility, generally have an interest in maintaining their lega…

V. M. Struycken, A. Keywords: Hague Academy of International Law | Private international law | Mots clefs: Académie de droit international de La Haye | Droit international privé | ABSTRACT Professor Struycken, Member of the Curatorium of the Hague Academy of International Law, focuses in his course on the contribution of the Academy to the development of the science and the practice of private international law. Professor Struycker concludes by saying that "[the Academy] has made an immense contribution to the "globalisation…

Audit, Bernard Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT The topic that Professor Bernard Audit has selected for this general course on private international law is the search for universality. Professor Audit points out that, although traditional universalism runs up against the diversity of law and its solutions, and a uniform private international law is undoubtedly a wild dream, there exists a common model of private international law which, though Western in o…

Jänterä-Jareborg, Maarit Keywords: Municipal courts | Foreign law | Choice of law | Private international law | Mots clefs: Juridiction nationale | Droit étranger | Choix de la loi applicable | Droit international privé | ABSTRACT In this course on comparative private international law, Professor Maarit Jänteä-Jareborg of the University of Uppsala tackles the question of the application of foreign law in national courts. In the first part of the course, Professor Jänteä-Jareborg presents various old and new theories concerning the…

Kronke, Herbert Keywords: Stock market transactions | Private international law | Mots clefs: Opérations de bourse | Droit international privé | ABSTRACT In this course, Herbert Kronke deals with capital markets where long-term financial instruments, stocks or shares, bonds, and the like are traded. Delocalization, integration, and globalization of capital markets might be viewed as developments tending to divest conflict of laws of its rule over international transactions on those markets. The author then focuses on…

Baxi, Upendra Keywords: Multinational enterprises | Tort | Private international law | Accountability | Mots clefs: Entreprises internationales | Quasi-contrats et quasi-délits | Droit international privé | Responsabilité | ABSTRACT Professor Upendra Baxi's course focuses on mass disasters as they appear in private international law. It seeks to narrate the ways in which most received doctrines and tools of private international law cognize the distinctive problems arising from different cross-border mass disasters. Professo…

Y. Gotanda, John Keywords: Damages | Compensation for damage | Private international law | Punitive damages | Mots clefs: Dommages-intérêts | Compensation | Droit international privé | Dommages-intérêts extravagants comme pénalité | ABSTRACT With the emergence of the global economy, disputes between transnational contracting parties have increased in number, size and complexity. In these transnational disputes, claims for damages are growing in frequency. This course by John Gotanda, Professor at Villanova University School of …