Collected Courses of the Hague Academy of International Law


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Conflits de lois en droit maritime (Volume 340)

(89,554 words)

Author(s): M. Carbone, Sergio
M. Carbone, Sergio Keywords: International maritime law | Unification of law | Carriage of goods by sea | Contracts | Choice of law | Private international law | Bills of lading | Non-contractual liability | Maritime law | Legal history | Mots clefs: Responsabilité non contractuelle | ABSTRACT The most recent doctrine and case law increasingly note the limits of the use of the nationality criterion of the ship in resolving the conflicts of law. With regard to conflicts of laws relating to the maritime transport of goods, in consideration of t…

Les rapports entre droit uniforme et droit international privé (Volume 116)

(30,714 words)

Author(s): Malintoppi, Antonio
Malintoppi, Antonio Keywords: Private international law | Unification of law | Mots clefs: Droit international privé | Unification du droit | ABSTRACT Antonio Malintoppi puts forward a hypothesis that it is very likely that the emergence of situations of potential conflicts of law more frequently in a given field almost always leads to the search for other normative solutions through international conventions of uniform law. At one stage, the development becomes an essential factor in determining the international le…

L’efficacité des normes internationales concernant la situation des personnes privées dans les ordres juridiques internes (Volume 356)

(121,383 words)

Author(s): Lagrange, Evelyne
Lagrange, Evelyne Keywords: Persons | Individuals | International law and domestic law | Unification of law | Monism and dualism | Norms | Legitimacy | Mots clefs: ABSTRACT Today, there is a question of the relationship between the different domestic laws that would make their mark on the international standards of harmonization, or unification of law, applicable to the relations between public authorities and private individuals. In this course, Evelyne Lagrange discusses the extent of the self-determination and self-orga…

Unifying and Harmonizing Substantive Law and the Role of Conflict of Laws (Volume 340)

(72,787 words)

Author(s): Boele-Woelki, Katharina
Boele-Woelki, Katharina Keywords: Family law | Private international law | Choice of law | Unification of law | Law of contracts | Model law | Legal principles | Conventions | Directives | International law and domestic law | Mots clefs: ABSTRACT Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving …

L’harmonisation du droit international privé de la faillite (Volume 230)

(31,090 words)

Author(s): Volken, Paul
Volken, Paul Keywords: Insolvency law | Private international law | Unification of law | Insolvency | Mots clefs: Droit de la faillite | Droit international privé | Unification du droit | Faillite | ABSTRACT According to Paul Volken, Professor at the University of Fribourg, three reasons justify a new presentation of international bankruptcy law within the Academy: the European Convention held on 5 June 1990 on certain international aspects of the bankruptcy law, the tendency within the European Communities to resume the Communi…

Introduction à l’étude systématique du droit uniforme (Volume 91)

(18,964 words)

Author(s): Mario Matteucci, M.
Mario Matteucci, M. Keywords: Unification of law | Mots clefs: Unification du droit | ABSTRACT Mario Matteucci devotes his course to the analysis of the fundamental problems related to the unification of law in order to contribute to the construction of a general theory of uniform law. The author begins by presenting the concept of uniform law and its historical evolution. The author then presents the subject of the uniform law and its elaboration, discusses the application of uniform law (its interpretation, …

Les effets de commerce en droit international (Volume 8)

(25,370 words)

Author(s): K. Kuhn, Arthur
K. Kuhn, Arthur Keywords: Effets négociables | Unification of law | Mots clefs: Titres négociables | Unification du droit | ABSTRACT After a general presentation of bills of exchange in international trade, Arthur Kuhn presents the main problems raised in international trade by the conflict of laws related to bills of exchange. He then studies the Hague Convention on Bills of Exchange and Promissory Notes. The author then focuses on the positive provisions of the Uniform Rules, then to the draft elaborated at the Ha…

La propriété intellectuelle en droit international privé (Volume 335)

(164,420 words)

Author(s): Moura Vicente, Dário
Moura Vicente, Dário Keywords: Intellectual property | Private international law | Industrial property | Unification of law | Rights relating to literary and artistic works | Unfair competition | Dispute resolution | European Union | Mots clefs: Propriété intellectuelle | Droit international privé | Propriété industrielle et scientifique | Unification du droit | Propriété litteraire et artistique | Concurrence déloyale | Règlement de litiges d'ordre juridique | Union européenne | ABSTRACT The study conducted by Dario Moura Vicente, Professor at the University of Li…

Le transport international aérien de passagers (Volume 373)

(79,318 words)

Author(s): Cachard, Olivier
Cachard, Olivier Keywords: Carriage of passengers and their luggage | Aircraft accidents | Private air law | International air law | Air transport | Unification of law | Contractual responsibility | Choice of law | Mots clefs: ABSTRACT Civil aviation has seen a standardization of its law due to the massification of air traffic, as well as the willingness of certain actors in favor of this standardization in the inter-state and multilateral framework. The course focuses on the application of this uniform law by the rules ratione materiae as ratione loci, and how the scope of applicati…

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…

Divers aspects de l’unification du droit international privé, spécialement en matière de successions (Volume 104)

(37,211 words)

Author(s): E. Von Overbec, Alfred
E. Von Overbec, Alfred Keywords: Estate | Private international law | Unification of law | Mots clefs: Successions | Droit international privé | Unification du droit | ABSTRACT Alfred von Overbeck begins his course with some general observations on the unification of private international law, and then on the private international law of succession by studying the prospects for the unification of substantive conflict rules. Finally, he examines an aspect of the law of Succession, which has already been the subject of an international convention: the form of wills. Alfred von Overbec…

Harmonization of Private International Law relating to Contractual Obligations (Volume 199)

(28,219 words)

Author(s): L. Diamond, Aubrey
L. Diamond, Aubrey Keywords: Contractual obligations | Unification of law | Private international law | Mots clefs: Obligations contractuelles | Droit international privé | ABSTRACT Aubrey L. Diamond, Director of the Institute of Advanced Legal Studies at the University of London, devotes his course to the harmonization of private international law with regard to contractual obligations. After an introduction essentially devoted to the harmonization of law - and in particular private international law - the author discu…

L’arbitrage dans l’espace OHADA (Volume 380)

(59,550 words)

Author(s): Pougoué, Paul-Gérard
Pougoué, Paul-Gérard Keywords: Organization for the Harmonization of Business Law in Africa | Commercial law | Unification of law | International commercial arbitration | Commercial arbitration | Mots clefs: ABSTRACT OHADA has enabled the establishment of a general framework for the legal order of arbitration in its member countries. This involves a unification of the legal regime of arbitration as well as the desire to simplify the field of arbitration, in terms of objective arbitrability (contractual nature of the dispute,…

Efficiency in Private International Law (Volume 369)

(53,247 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 As mentioned in the course, “efficiency is a corollary normative criterion which lies at the heart of law and economics approach.” The efficiency criterion is put into the context of conflict resolution, with a traditional approach including the choice of law revolution which took place in the twentieth century.…

Agency: Unification of Material Law and of Conflict Rules (Volume 184)

(62,726 words)

Author(s): Moursi Badr, Gamal
Moursi Badr, Gamal Keywords: Agency | Private law | Unification of law | Mots clefs: Représentation | Droit privé | Unification du droit | ABSTRACT In his course on the agency, Gamal Moursi Badr presents the results obtained by the unification of the material rules on the agency and by the establishment of uniform and specific rules of conflict of laws in agency. Previously, he identified the "problem areas" in the substantive law relating to the agency and the solutions proposed by the conflict of laws. In order to ens…