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 …

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)

(31,444 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)

(9,818 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…

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

(103,306 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…

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…

The Law of Open Societies – Private Ordering and Public Regulation of International Relations General Course on Private International Law (Volume 360)

(204,944 words)

Author(s): Basedow, Jürgen
Basedow, Jürgen Keywords: Private international law | Conflict of laws | Development of international law | Globalization | Mots clefs: ABSTRACT The private law of cross-border relations, that is, private international law in a wider sense, has profoundly changed in its character and role over the last few decades. In this course, the author focuses on the private and public actors in the international arena. What the two actors have in common is the desire to implement their respective targets with regard to cross-…

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 …

Le droit international privé et le principe de non-discrimination (Volume 353)

(67,201 words)

Author(s): Meeusen, Johan
Meeusen, Johan Keywords: Equality | Human rights | Conflict of laws | Private international law | Mots clefs: ABSTRACT The impact of the nondiscrimination principle has been experienced in private international law after the Second World War. In this course, Johan Meeusen attempts to draw a contemporary view on the interaction between private international law and nondiscrimination, taking into account a specific perspective of the European Union and the Europeanization of private international law and to focus on…

La nouvelle codification du droit international privé chinois (Volume 359)

(73,627 words)

Author(s): Weizuo, Chen
Weizuo, Chen Keywords: China | Private international law | Conflict of laws | Codification | Mots clefs: ABSTRACT In this course, Chen Weizuo examines some general and special issues of the new codification of Chinese private international law and focuses on China's new private international law. The author discusses the need for codification of the rules of law because, historically, China has had a tradition of written law. He focuses on the symposia, meetings, and doctrinal debates on the codification of Chine…

Les méthodes du droit international privé à l’épreuve des conflits de cultures (Volume 357)

(101,256 words)

Author(s): Gannagé, Léna
Gannagé, Léna Keywords: Culture | Cultural diversity | Private international law | Conflict of laws | Pluralism | Mots clefs: ABSTRACT Private international law shows men and women from all walks of life every day, forming family relationships at the borders of legal orders of different cultures. The pluralism of family models prevailing in Europe is opposed to the hegemonism of a single-family model in Southern Mediterranean countries. In this course, Léna Gannagé describes the failure of the methods of private int…

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…

La conciliation des lois Cours général de droit international privé (2011) (Volume 364)

(120,637 words)

Author(s): Patrick Glenn, H.
Patrick Glenn, H. Keywords: Conflict of laws | Private international law | Mots clefs: ABSTRACT In this course, H. Patrick Glenn examines the so-called classical logic of private international law and reflects on the consequences of logic for private international law. He discusses the history of conflict of laws and the history of the conciliation of laws. The author discusses the conflict of laws and rules of private international law and examines the decline in the role of the rules. He continues with a not…

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…

The American Choice-of-Law Revolution in the Courts: Today and Tomorrow (Volume 298)

(172,988 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 …

Succession Substitutes (Volume 356)

(88,838 words)

Author(s): Talpis, Jeffrey
Talpis, Jeffrey Keywords: Property | Estate | Law of succession | Law of property | Conflict of laws | Private international law | Common law | Civil law countries | Mots clefs: ABSTRACT In this course, the author addresses the important question of the conflict of laws resulting from the use of succession substitutes. Part I of this course focuses on examining the nature and essential characteristics of succession substitutes and discusses the unification or harmonization of the law governing succession matters generally, with…

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…