Collected Courses of the Hague Academy of International Law

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

(13,988 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 …

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 …

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…

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…

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…

L’exception d’ordre public et la régularité substantielle internationale de la loi étrangère (Volume 371)

(52,566 words)

Author(s): de Vareilles-Sommières, Pascal
de Vareilles-Sommières, Pascal Keywords: Foreign law | Law of public order | Private international law | Conflict of laws | Mots clefs: ABSTRACT In private international law, the public policy exception is typically a mechanism of conflict of laws that prevents the relevant foreign law from being applied in a State. In this course, Pascal of Vareilles-Sommières addresses the question of whether the public policy exception concerns the notion of regularity of foreign law, and deals with the nature of regularity thus in…