Collected Courses of the Hague Academy of International Law

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Conflits de lois en droit maritime (Volume 340)

(89,554 words)

Author(s): M. Carbone, Sergio
M. Carbone, Sergio Keywords: International maritime law | Unification of law | Carriage of goods by sea | Contracts | Choice of law | Private international law | Bills of lading | Non-contractual liability | Maritime law | Legal history | Mots clefs: Responsabilité non contractuelle | ABSTRACT The most recent doctrine and case law increasingly note the limits of the use of the nationality criterion of the ship in resolving the conflicts of law. With regard to conflicts of laws relating to the maritime transport of goods, in consideration of t…

Unifying and Harmonizing Substantive Law and the Role of Conflict of Laws (Volume 340)

(72,787 words)

Author(s): Boele-Woelki, Katharina
Boele-Woelki, Katharina Keywords: Family law | Private international law | Choice of law | Unification of law | Law of contracts | Model law | Legal principles | Conventions | Directives | International law and domestic law | Mots clefs: ABSTRACT Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving …

L’autonomie de la volonté en droit international privé: un principe universel entre libéralisme et étatisme (Volume 359)

(80,521 words)

Author(s): Kohler, Christian
Kohler, Christian Keywords: Will | Autonomy | Private international law | Choice of law | Mots clefs: ABSTRACT Since the beginning of the century, the autonomy of the will in private international law has been influenced by two opposing trends. In commercial relations, particularly in contractual matters, a certain "return of the State" is observed. At the same time, the will of individuals is increasingly taken into account in cross-border situations. In this course, Christian Kohler provides an overview of the …

Foreign law in national courts: A comparative perspective (Volume 304)

(80,082 words)

Author(s): Jänterä-Jareborg, Maarit
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…

Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments (Volume 358)

(94,391 words)

Author(s): A. Brand, Ronald
A. Brand, Ronald Keywords: Court settlements | Recognition and enforcement of foreign judgments | Jurisdiction | Choice of law | Forum shopping | Private international law | Mots clefs: ABSTRACT This class starts by considering the transaction planning tools, by comparing the rules that exist in the United States and the European Union. A description of the United States and European Union jurisdictions is given, followed by an explanation of their rules of recognition and enforcement of judgments. The lecture continues by considering the main issue at the intersection of…

Facultative Choice of Law The Procedural Status of Choice-of-Law Rules and Foreign Law (Volume 257)

(87,352 words)

Author(s): M. De Boer, Th.
M. De Boer, Th. Keywords: Choice of law | Private international law | Mots clefs: Choix de la loi applicable | Droit international privé | ABSTRACT In this course, the author deals with the doctrine of “optional” or “facultative choice of law.” This doctrine touches upon a great many topics, ranging from the role of the court in civil litigation to the relation between treaties and national law, from the function of private international law to the task of supreme courts, and from the nature of mandatory law to the statu…

Party Autonomy in Litigation and Arbitration in View of the Hague Principles on Choice of Law in International Commercial Contracts (Volume 379)

(12,077 words)

Author(s): Boele-Woelki, Katharina
Boele-Woelki, Katharina Keywords: Party autonomy | Choice of law | International contracts | Private international law | International commercial arbitration | Trials | Mots clefs: ABSTRACT This course focuses on party autonomy in the context of the applicable law issued in international commercial contracts. It goes through explaining the Hague Principles on Choice of Law in International Commercial Contracts, finalized in 2013, and how they are used as a recent source on the matter. This reflection leads to the questio…

The Reasonable Expectations of the Parties as a Guide to the Choice of Law in Contract and in Tort (Volume 251)

(49,320 words)

Author(s): E. Nygh, Peter
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 …

Four-Step Analysis of Private International Law (Volume 315)

(44,790 words)

Author(s): Dogauchi, Masato
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…

Applying the Most Favourable Treaty or Domestic Rules to Facilitate Private International Law Co-Operation (Volume 377)

(78,468 words)

Author(s): Blanca Noodt Taquela, María
Blanca Noodt Taquela, María Keywords: Treaties | Private international law | Judicial cooperation | Jurisdiction | Choice of law | Mots clefs: ABSTRACT This course aims to draw attention to the overlapping of Private International Law treaties on International Judicial Co-operation and to give the reader an understanding of the rules and principles that provided a solution to this problem. It leads to taking a look at the principles and rules of Public International Law to apply to Private International Law. An analys…

Les langues et le droit international privé (Volume 381)

(8,981 words)

Author(s): Jayme, Erik
Jayme, Erik Keywords: Languages | Choice of law | Private international law | Mots clefs: ABSTRACT Language is an important element in private international law. As a connecting factor, it is an element of a person's identity, can be used in family and succession law, or to define the habitual character of a residence. The language also has a role to play in certain cases for the principle of nationality or in contracts where it can justify a tacit choice of law. The question of linguistic risk is also mentioned, in the case of languages not known by weak people. The laws on …

The Principle of Comity in Private International Law (Volume 354)

(45,166 words)

Author(s): Briggs, Adrian
Briggs, Adrian Keywords: Private international law | Choice of law | International law of procedure | Comity | Mots clefs: Droit international privé | Choix du droit applicable | Droit internationale de procédure | Courtoisie internationale | ABSTRACT This course starts by explaining the notion of a comity itself, as there are different sources and types of comities. Comities are curtailing the application of local law, and it is up to them to question, limit or refuse the application of foreign law for their cases. The course follo…

La méthode de la reconnaissance est-elle l’avenir du droit international privé ? Conférence inaugurale, session de droit international privé, 2014 (Volume 371)

(12,140 words)

Author(s): Lagarde, Paul
Lagarde, Paul Keywords: Private international law | Conflict of laws | Choice of law | Recognition | Mots clefs: ABSTRACT The method of recognition of situations is the one that allows the recognition of a situation without verification by the State where it is invoked by the law applied at its creation. In this course, Paul Lagarde first recalls how the method of recognition has emerged over time through other less efficient methods. The author then explains the current foundations and the mode of operation of the…

Le transport international aérien de passagers (Volume 373)

(79,318 words)

Author(s): Cachard, Olivier
Cachard, Olivier Keywords: Carriage of passengers and their luggage | Aircraft accidents | Private air law | International air law | Air transport | Unification of law | Contractual responsibility | Choice of law | Mots clefs: ABSTRACT Civil aviation has seen a standardization of its law due to the massification of air traffic, as well as the willingness of certain actors in favor of this standardization in the inter-state and multilateral framework. The course focuses on the application of this uniform law by the rules ratione materiae as ratione loci, and how the scope of applicati…

Applicable Law in Relations between Intergovernmental Organizations and Private Parties (Volume 122)

(71,874 words)

Author(s): Seyersted, Finn
Seyersted, Finn Keywords: International organizations | Non-State actoRelations | Choice of law | International civil servants | Individuals | Nongovernmental organizations | Mots clefs: Organisations internationales | Entités non-étatiques | Relations | Choix de la loi applicable | Fonctionnaires internationaux | Individus | Organisations non-gouvernementales | ABSTRACT According to Finn Seyersted, there exists a common law for international organizations at three levels of relationships: the internal level, the international level, and the…

Efficiency in Private International Law (Volume 369)

(53,247 words)

Author(s): Kono, Toshiyuki
Kono, Toshiyuki Keywords: Private international law | Conflict of laws | Choice of law | Law and economics | Unification of law | Effectiveness | Intellectual property | International insolvency law | Mots clefs: ABSTRACT As mentioned in the course, “efficiency is a corollary normative criterion which lies at the heart of law and economics approach.” The efficiency criterion is put into the context of conflict resolution, with a traditional approach including the choice of law revolution which took place in the twentieth century.…

Le choix et l’adaptation de la règle étrangère dans le conflit de lois (Volume 83)

(28,314 words)

Author(s): Cansacchi, Giorgio
Cansacchi, Giorgio Keywords: Choice of law | Private international law | Mots clefs: Choix de la loi applicable | Droit international privé | ABSTRACT Giorgio Cansacchi's course focuses particularly on the study of the choice of the substantive rule competent to settle a disputed situation, or an aspect of that situation, when the judge of forum is faced with a plurality of connecting circumstances enacted by his conflict rule. The author also focuses on the problem of adapting the substantive rule chosen in the order of the forum. Le cours de Giorgio Cansacchi se concentre particu…

Circulation des biens culturels, détermination de la loi applicable et méthodes de règlement des litiges (Volume 375)

(167,612 words)

Author(s): Frigo, Manlio
Frigo, Manlio Keywords: Cultural property | Cultural heritage | Choice of law | Restitution | Dispute resolution | Trials | Mots clefs: ABSTRACT This course is dedicated to the standards governing the circulation of cultural goods. It begins by defining the system of the legal protection of cultural goods. This protection is differentiated according to the situation in which the property is located, as well as the form it takes : from cultural property to movable property to intangible cultural heritage. Private inter…

Choice of Law in Arbitration Proceedings (Volume 375)

(12,117 words)

Author(s): M. De Boer, Th.
M. De Boer, Th. Keywords: International commercial arbitration | International arbitration | Choice of law | Lex fori | International law of procedure | Mots clefs: ABSTRACT In arbitration, choice-of-law issues are more complicated than they are in ordinary litigation, as an arbitral tribunal is not bound to the lex fori of the state in which it sits. This lack of obligation to a specific set of national choice of law rules, this freedom of disposition, can lead the tribunal to apply any rule of law that it would deem “appropriate”. The author …

“Trusts” in Private International Law (Volume 366)

(34,290 words)

Author(s): Hayton, David
Hayton, David Keywords: Trusts | Recognition and enforcement of foreign judgments | Choice of law | Private international law | Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [Brussels, 22 December 2000] | Convention on the Law Applicable to Trusts and on their Recognition [The Hague, 1 July 1985] | Mots clefs: ABSTRACT This course is divided in three parts in order to get a broad understanding of the trust status in private international law. It starts, in part I, with the …