Collected Courses of the Hague Academy of International Law

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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 …

Contributing to Progressive Development of Private International Law: The International Process and the United States Approach (Volume 249)

(48,883 words)

Author(s): H. Pfund, Peter
H. Pfund, Peter Keywords: United States of America | Private international law | Development of international law | Mots clefs: Etats-Unis d'Amérique | Droit international privé | Développement du droit international | ABSTRACT In this course devoted to the American approach of the international process of progressive development of private international law, Peter Pfund, Assistant Legal Adviser at the US Department of State, hopes to demystify the international process of unification/harmonization of "private" law at the inter…

The Public International Law Regime Governing International Investment (Volume 344)

(142,300 words)

Author(s): Enrique Alvarez, José
Enrique Alvarez, José Keywords: Foreign direct investment | Public international law | Legal regime | Economy | Globalization | Sovereignty | United States of America | Bilateral investment treaties | Argentina | Mots clefs: Investissements directs à l'étranger | Droit international public | Régime juridique | Economie | Mondialisation | Souveraineté | Etats-Unis d'Amérique | Traités bilatéraux d'investissement | Argentine | ABSTRACT This course considers the ramifications of the legal regime that governs transborder capital flows. This regime consists pri…

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…

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…

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…

The Crisis of Conflict of Laws (Volume 112)

(57,196 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…