Collected Courses of the Hague Academy of International Law

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The Relationship between Public and Private Law and the Rules of Conflict of Laws (Volume 102)

(41,648 words)

Author(s): Riphagen, W.
Riphagen, W. Keywords: Public order | Private international law | Public international law | Public law | Mots clefs: Ordre public | Droit international privé | Droit international public | Droit public | ABSTRACT W. Riphagen points out in the introduction to his course that the relationship between public international law and private international law is not one of the issues of greatest concern to lawyers in the field; it has given rise to many theoretical debates. The author successively focuses on the technique of conflict …

Rules of Public Order in Private International Labour Law (Volume 181)

(21,303 words)

Author(s): Gamillscheg, F.
Gamillscheg, F. Keywords: International labour law | Public order | Private international law | Mots clefs: Droit international ouvrier | Ordre public | ABSTRACT F. Gamillscheg points out in his introduction to the course on the Rules of Public Order in Private International Labor Law that issues related to international labor law are inseparable from the problem of the application of foreign labor law. Few authors consider that these two themes are identical. The author begins his course with a study of national and i…

Théorie générale de l’ordre public (Volume 9)

(47,997 words)

Author(s): H. Healy, A. B., A. M., LL. B., Ph. D., Thomas
H. Healy, A. B., A. M., LL. B., Ph. D., Thomas Keywords: Public order | Mots clefs: Ordre public | ABSTRACT The General Theory of Public Policy is one of the foundations of private international law; however, it is one of the topics on which there is the greatest difference of opinion. Thomas H. Healy’s task is to shed as much light as possible on these discrepancies and to look for ways to eliminate these discrepancies. After a presentation of preliminary and historical notions on private international law, the aut…

Evolution of Principles for Resolving Conflicts in the Field of Contracts and Torts (Volume 283)

(130,591 words)

Author(s): Dolinger, Jacob
Dolinger, Jacob Keywords: Legal principles | Private international law | Public order | Convention on the Law applicable to Contractual obligations (Rome, 19 June 1980) | Law of contracts | Contracts | Torts | Mots clefs: Principes généraux du droit | Droit international privé | Ordre public | Convention sur la loi applicable aux obligations contractuelles [Rome, 19 juin 1980] | Droit des obligations | Contrats | Quasi-contrats et quasi-délits | ABSTRACT Professor Jacob Dolinger, Professor at the Rio de Janeiro State University, divides his course on the evolution o…

Peremptory Norms and Private International Law (Volume 139)

(25,356 words)

Author(s): Eek, Hilding
Eek, Hilding Keywords: Ius cogens | Private international law | Public order | Mots clefs: Jus cogens | Droit international privé | Ordre public | ABSTRACT Hilding Eek, Professor at the University of Stockholm, devotes his course to the rules for immediate application in private international law. After a presentation of the general rules on conflict of laws, the author presents the mechanism of public policy, from which the rules are distinguished for immediate application. Hilding Eek, professeur à l'Université de Stockholm, consacre son cours aux règles d'applicatio…

Lois politiques et droit international privé (Volume 83)

(29,690 words)

Author(s): Gihl, Torsten
Gihl, Torsten Keywords: Public order | Private international law | Mots clefs: Ordre public | Droit international privé | ABSTRACT Torsten Gihl deals mainly with so-called political laws noticed in their relations with private international law in his course. However, the author also highlights certain issues of principle of private international law, and thus deals in more detail with certain aspects of private international law itself, in particular public policy and the so-called territoriality of laws. Torsten Gihl traite principalement dans son cours des lois dites…

L’ordre public et le but social des lois en droit international privé (Volume 239)

(40,161 words)

Author(s): Bucher, Andreas
Bucher, Andreas Keywords: Public order | Private international law | Mots clefs: Ordre public | Droit international privé | ABSTRACT If it is true, as Andreas Bucher, Professor at the University of Geneva says, that public policy is one of the concepts that is best assimilated in the various systems of private international law, its relationship to the rules of conflicts of laws is much less clear. With regard to the undeniable social dimension of the law of the modern state, is it really possible to entrust the re…