Collected Courses of the Hague Academy of International Law

Search

Your search for 'tei_propername:"Conflict of laws"' returned 27 results. Modify search

Sort Results by Relevance | Newest titles first | Oldest titles first

L’exception d’ordre public et la régularité substantielle internationale de la loi étrangère (Volume 371)

(52,516 words)

Author(s): de Vareilles-Sommières, Pascal
de Vareilles-Sommières, Pascal Keywords: Foreign law | Law of public order | Private international law | Conflict of laws | Mots clefs: ABSTRACT This course is devoted to the public order exception, and first, to the construction of the paradigm of international substantive regularity. The notions relating to the public policy exception and the regularity of foreign law are approached from the perspective of private international law. This course is divided into a first part on the international regularity of foreign …

A Defense of Currie’s Governmental Interest Analysis (Volume 215)

(70,004 words)

Author(s): Hill Kay, Herma
Hill Kay, Herma Keywords: United States of America | Jurisconsults | Conflict of laws | Doctrines | Mots clefs: Etats-Unis d’Amérique | Juristes | Droit interrégional | Doctrines | ABSTRACT Herma Hill Kay, Professor at the University of California at Berkeley, devotes her course to a defense of Brainerd Currie’s approach to the determination of applicable law in private international law, as he developed it between 1958 and 1965, and called it governmental interest analysis. After a presentation of the historical context of …

Narrative Norms in Private International Law – The Example of Art Law (Volume 375)

(14,024 words)

Author(s): Jayme, Erik
Jayme, Erik Keywords: Art | Art law | Cultural property | Seizure | Restitution | Private international law | Conflict of laws | Mots clefs: ABSTRACT This lecture has three parts, the first one is dedicated to the concept of “narrative norms” and its position within the system of sources of private international law. Narrative norms are different types of norms, laws, principles, that “talk”, they are describing policies. When it comes to applying a law that has been determined, narrative norms play a role to favor of a …

Conflit de lois et droit uniforme dans le droit international privé contemporain : dilemme ou convergence? Conférence inaugurale, session de droit international privé, 2012 (Volume 359)

(31,402 words)

Author(s): Opertti Badán, Didier
Opertti Badán, Didier Keywords: Conflict of laws | Private international law | Unification of law | Mots clefs: ABSTRACT Didier Opertti Badán presented this course on the conflict of laws and uniform law in contemporary private international law at the 2012 inaugural conference. According to the author, the conflict of laws and jurisdictions are two autonomous legal categories that require a specific approach and respective technical solutions. He does so without denying the link that exists between them, which ca…

Transnational Commercial Law and Conflict of Laws : Institutional Co-operation and Substantive Complementarity Inaugural Lecture, Private International Law Session, 2013 (Volume 369)

(9,661 words)

Author(s): Kronke, Herbert
Kronke, Herbert Keywords: International commercial law | Conflict of laws | Private international law | Unification of law | Mots clefs: ABSTRACT This inaugural lecture is about institutional co-operation in transnational commercial law and conflict of law. A short overview of the history of distrust of conflict of laws showcases a cause leading to the promotion of transnational commercial law. The course offers then a definition of transnational commercial law, before giving examples of complementarity and co-operat…

La conciliation des lois Cours général de droit international privé (2011) (Volume 364)

(120,553 words)

Author(s): Patrick Glenn, H.
Patrick Glenn, H. Keywords: Conflict of laws | Private international law | Mots clefs: ABSTRACT In this course, H. Patrick Glenn examines the so-called classical logic of private international law and reflects on the consequences of logic for private international law. He discusses the history of conflict of laws and the history of the conciliation of laws. The author discusses the conflict of laws and rules of private international law and examines the decline in the role of the rules. He continues with a not…

The American Choice-of-Law Revolution in the Courts: Today and Tomorrow (Volume 298)

(173,409 words)

Author(s): C. Symeonides, Symeon
C. Symeonides, Symeon Keywords: United States of America | Conflict of laws | Mots clefs: Etats-Unis d’Amérique | Droit interrégional | ABSTRACT Symeon Symeonides, Dean of devotes this course to a phenomenon known as a "revolution" in private international law in the United States, which more precisely relates to the law of conflicts of law. Symeonides studies the historic background of this phenomenon, but also looks towards the future to try to discover what the next step in the evolution of American conflicts law …

Succession Substitutes (Volume 356)

(88,818 words)

Author(s): Talpis, Jeffrey
Talpis, Jeffrey Keywords: Property | Estate | Law of succession | Law of property | Conflict of laws | Private international law | Common law | Civil law countries | Mots clefs: ABSTRACT The Professor first talks about the various instruments used to transfer property at death by succession, as well as the main characteristics and categories of successions. In a second part, is discussed the law used in known succession substitutes, as well as other new approaches used. Third, the choice of law rules is reviewed, in addition to…

Development of Rules of Private International Law in the Field of Family Law (Volume 166)

(45,118 words)

Author(s): M. North, Peter
M. North, Peter Keywords: United States of America | Family law | Conflict of laws | Private international law | Mots clefs: Etats-Unis d’Amérique | Droit interrégional | Droit de la famille | ABSTRACT In this course devoted to Development of Rules of Private International Law in the Field of Family Law, Peter North assigns several missions. He intends to show what developments have taken place in this field, why they have intervened in the field, what their effects have been, and what their future will be. He concentrates mainl…

Problems and Methods in Conflict of Laws (Volume 99)

(41,797 words)

Author(s): E. Cheatham, Elliott
E. Cheatham, Elliott Keywords: Common law | Conflict of laws | Mots clefs: Pays de Common law | Droit interrégional | ABSTRACT Elliott E. Cheatham begins his course with a presentation of the problems of conflict of laws. He examines the sources of rules of conflict of laws, and the relationship between federalism and conflict of laws. He then focuses on the analysis of the jurisdiction of the court of the forum, the question of foreign judgments, the protection of foreign-based legal interests, choice of law policie…

Le renvoi en droit international privé technique de dialogue entre les cultures juridiques (Volume 377)

(47,913 words)

Author(s): J. Kassir, Walid
J. Kassir, Walid Keywords: Renvoi | Private international law | Conflict of laws | Mots clefs: ABSTRACT This course deals with renvoi in private international law, beginning with a presentation of the mechanism of renvoi and a study of the classic doctrinal debate. Then, the course uses the method of comparative positive law to meet the objective of "dialogue of cultures". This involves a global panorama of renvoi and an in-depth study of aspects specific to the countries of the Middle East. The last chapter off…

Les méthodes du droit international privé à l’épreuve des conflits de cultures (Volume 357)

(101,275 words)

Author(s): Gannagé, Léna
Gannagé, Léna Keywords: Culture | Cultural diversity | Private international law | Conflict of laws | Pluralism | Mots clefs: ABSTRACT Private international law shows men and women from all walks of life every day, forming family relationships at the borders of legal orders of different cultures. The pluralism of family models prevailing in Europe is opposed to the hegemonism of a single-family model in Southern Mediterranean countries. In this course, Léna Gannagé describes the failure of the methods of private int…

The Role of Substantive and Choice of Law Policies in the Formation and Application of Choice of Law Rules (Volume 252)

(38,302 words)

Author(s): Brilmayer, Lea
Brilmayer, Lea Keywords: United States of America | Conflict of laws | Mots clefs: Etats-Unis d'Amérique | Droit interrégional | ABSTRACT Lea Brilmayer, Professor at New York University, devotes this course to the American choice of law theory, and more particularly to the role of substantive policies with regard to the formation and application of choice of law rules. Professor Brilmayer is particularly interested in the system of legal realism. The general introduction to her course is dedicated to the problem of …

Le droit international privé et le principe de non-discrimination (Volume 353)

(67,167 words)

Author(s): Meeusen, Johan
Meeusen, Johan Keywords: Equality | Human rights | Conflict of laws | Private international law | Mots clefs: ABSTRACT The impact of the nondiscrimination principle has been experienced in private international law after the Second World War. In this course, Johan Meeusen attempts to draw a contemporary view on the interaction between private international law and nondiscrimination, taking into account a specific perspective of the European Union and the Europeanization of private international law and to focus on…

Constitutional Limits on Choice of Law (Volume 234)

(36,190 words)

Author(s): E. Herzog, Peter
E. Herzog, Peter Keywords: United States of America | Conflict of laws | Constitutional law | Common law | Civil law | Mots clefs: Etats-Unis d'Amérique | Droit interrégional | Droit constitutionnel | Pays de Common law | Droit civil | ABSTRACT The point of this class is to understand the manner in which constitutional rules impact the choice of law depending on the countries. This study starts with a casuistic understanding of the position of United States, followed by Canada and Australia, as they are federal countries under common la…

Les mutations du droit international privé : vers un changement de paradigme ? Cours général de droit international privé (Volume 387)

(274,874 words)

Author(s): Lequette, Yves
Lequette, Yves Keywords: Private international law | Conflict of laws ABSTRACT This course is based on the fact that yesterday's world is that of the conflicting paradigm in private international law. This conflictual paradigm mainly involves the conflict of laws, although it can be challenged by the alteration of the conflict rule as well as by the acceptance of foreign decisions. This questioning is articulated on the notion of the next world, to which a second, more prospective part of this course is devoted. This next world, opening up to a new paradi…

L’entreprise et les conflits internationaux de lois (Volume 397)

(258,245 words)

Author(s): d’Avout, Louis
d’Avout, Louis Keywords: Multinational enterprises | Conflict of laws | International commercial law | Private international law [p11] d’Avout, Louis NOTICE BIOGRAPHIQUE [p21] Louis d’Avout, né le 29 janvier 1978 à Paris. Education secondaire à Dijon (Bourgogne) ; études supérieures aux Universités de Cologne et Paris I (Panthéon-Sorbonne) (LLM, maîtrise franco-allemande), puis Paris II (Panthéon-Assas) ; docteur en droit (2005), agrégé des Facultés de droit (2007). Professeur à l’Université de Lyon (Jean Moulin, Lyon 3, 2007-2012), depuis à l’Université Panth…

Flexibility versus Predictability and Uniformity in Choice of Law Reflections on Current European and United States Conflicts Law (Volume 226)

(55,181 words)

Author(s): Hay, Peter
Hay, Peter Keywords: United States of America | Conflict of laws | Europe | Private international law | Mots clefs: Etats-Unis d'Amérique | Droit interrégional | Droit international privé | Europe | ABSTRACT Peter Hay, Professor at the University of Illinois at Urbana-Champaign, emphasizes in the introduction to his course that a contradiction between the need for flexibility (to avoid an unfair decision) and the need for legal certainty cannot be resolved. It is the natural consequence of the difference between the development…

Contemporary Conflicts Law in American Perspective (Volume 131)

(89,099 words)

Author(s): F. Cavers, David
F. Cavers, David Keywords: United States of America | Conflict of laws | Mots clefs: Etats-Unis d’Amérique | Droit interrégional | ABSTRACT David Cavers devotes his general course on private international law on the situation in the United States (in 1970). He begins the course by presenting a legal system of the United States and its private international law. He then presents some persistent conceptual problems, and new approaches emerging in international law to the choice of tort law. He examines three clusters o…

Discussion of Major Areas of Choice of Law (Volume 111)

(37,876 words)

Author(s): Reese, W.
Reese, W. Keywords: United States of America | Conflict of laws | Mots clefs: Etats-Unis d'Amérique | Droit interrégional | ABSTRACT Professor Reese's course mainly focuses on the Restatement of Conflict of Laws Second. The restatements are documents containing several hundred Common law rules updated and commented by the American Law Institute. The author begins with a presentation of the restatements and the American Law Institute, different approaches to choice of law, and then presents the approach that Restatement second has policies of choice of law, contracts, and torts. Le c…
▲   Back to top   ▲