Collected Courses of the Hague Academy of International Law

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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 …

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 …

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…

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 …

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…

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…

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…

The Crisis of Conflict of Laws (Volume 112)

(57,200 words)

Author(s): Kegel, Gerhard
Kegel, Gerhard Keywords: United States of America | Conflict of laws | Mots clefs: Etats-Unis d'Amérique | Droit interrégional | ABSTRACT By speaking The Crisis of Conflict of Laws rather than revolution, Gerhard Klegel intends to show that on one hand serious criticisms could emanate from the despisers of conflict method, but also that, on the other hand, the foundations of the method of conflict still remain. The first part of the course is devoted to Governmental interests defended by Brainerd Currie. In the seco…

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

(103,316 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…