Collected Courses of the Hague Academy of International Law

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

(120,637 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…

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…

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

(13,986 words)

Author(s): Jayme, Erik
Jayme, Erik Keywords: Art | Art law | Cultural property | Seizure | Restitution | Private international law | Conflict of laws | Mots clefs: ABSTRACT Erik Jayme, Professor Emeritus at the University of Heidelberg, explains in the first part of his course the concept of “narrative norms” and its position within the system of sources of private international law. The second part deals with art law as a new field at the borderline between public and private international law, explains the impact of public international law …

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

(172,988 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)

(88,838 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 In this course, the author addresses the important question of the conflict of laws resulting from the use of succession substitutes. Part I of this course focuses on examining the nature and essential characteristics of succession substitutes and discusses the unification or harmonization of the law governing succession matters generally, with…

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)

(31,444 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)

(9,818 words)

Author(s): Kronke, Herbert
Kronke, Herbert Keywords: International commercial law | Conflict of laws | Private international law | Unification of law | Mots clefs: ABSTRACT In this course, the author first briefly describes the situation before the advent of transnational commercial law and highlights the 1929 Warsaw Convention, which dealt with “certain rules” relating to the carriage of goods by air and other rules and conventions focusing on transport law. Next, he highlights the terminologies, lex mercatoria, used by Fritz Juenger in 1995 …

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

(45,108 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…

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

(101,256 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…

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…

Recent Developments in Private International Law in the United States (Volume 75)

(22,678 words)

Author(s): P. de Vries, Henry
P. de Vries, Henry Keywords: United States of America | Conflict of laws | Private international law | Mots clefs: Etats-Unis d’Amérique | Droit interrégional | ABSTRACT Henry de Vries devotes his course to Recent Developments in Private International Law in the United States. After an introduction to the doctrines of conflict of laws, the author first discusses the issue of jurisdiction. The author then focuses on the issue of foreign judgments and on the issue of determining the choice of law. Henry de Vries consacre son cours aux développements récents intervenus dans le d…

La nouvelle codification du droit international privé chinois (Volume 359)

(73,627 words)

Author(s): Weizuo, Chen
Weizuo, Chen Keywords: China | Private international law | Conflict of laws | Codification | Mots clefs: ABSTRACT In this course, Chen Weizuo examines some general and special issues of the new codification of Chinese private international law and focuses on China's new private international law. The author discusses the need for codification of the rules of law because, historically, China has had a tradition of written law. He focuses on the symposia, meetings, and doctrinal debates on the codification of Chine…

Constitutional Limits on Choice of Law (Volume 234)

(36,244 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 manner in which constitutional rules impact upon conflict of laws principles in different countries will vary with the content of both constitutional and choice of law rules. In this course, the author examines the impact of constitutional limitations on choice of law rules in several countri…

Contemporary Conflicts Law in American Perspective (Volume 131)

(89,098 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…

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…

Efficiency in Private International Law (Volume 369)

(53,311 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 This work is based on the lectures that were delivered in 2013 at the Hague Academy of International Law. The author introduces the efficiency criterion in the context of conflicts revolution, which took place in the United States during the twentieth century. He provides a conceptual framework for better unders…

General Course on Private International Law (1983) (Volume 193)

(103,306 words)

Author(s): K. Juenger, Friedrich
K. Juenger, Friedrich Keywords: United States of America | Conflict of laws | Private international law | Mots clefs: Etats-Unis d’Amérique | Droit interrégional | ABSTRACT Noting the lack of consensus on the purposes and methods of conflict of laws, Fridrich Juenger, Professor at the University of California at Davis, suggests to focus in his course on events for which public international law must find a solution in order to avoid the constant danger that threatens the subject, that of becoming a mere academic game. Th…

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

(48,009 words)

Author(s): J. Kassir, Walid
J. Kassir, Walid Keywords: Renvoi | Private international law | Conflict of laws | Mots clefs: ABSTRACT Renvoi seems to be an instrument par excellence of the private international law, which symbolizes a dialogue of legal cultures, the respect of the differences, and the search for common interests. In order to honor the spirit of dialogue of the legal cultures, Walid J. Kassir, in this course, seeks, as far as possible, to expand more and more our comparative palette in terms of renvoi, not only in a descripti…

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 …

The Law of Open Societies – Private Ordering and Public Regulation of International Relations General Course on Private International Law (Volume 360)

(204,944 words)

Author(s): Basedow, Jürgen
Basedow, Jürgen Keywords: Private international law | Conflict of laws | Development of international law | Globalization | Mots clefs: ABSTRACT The private law of cross-border relations, that is, private international law in a wider sense, has profoundly changed in its character and role over the last few decades. In this course, the author focuses on the private and public actors in the international arena. What the two actors have in common is the desire to implement their respective targets with regard to cross-…
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