Collected Courses of the Hague Academy of International Law

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Applying the Most Favourable Treaty or Domestic Rules to Facilitate Private International Law Co-Operation (Volume 377)

(78,468 words)

Author(s): Blanca Noodt Taquela, María
Blanca Noodt Taquela, María Keywords: Treaties | Private international law | Judicial cooperation | Jurisdiction | Choice of law | Mots clefs: ABSTRACT This course aims to draw attention to the overlapping of Private International Law treaties on International Judicial Co-operation and to give the reader an understanding of the rules and principles that provided a solution to this problem. It leads to taking a look at the principles and rules of Public International Law to apply to Private International Law. An analys…

L’autonomie de la volonté en droit international privé: un principe universel entre libéralisme et étatisme (Volume 359)

(80,521 words)

Author(s): Kohler, Christian
Kohler, Christian Keywords: Will | Autonomy | Private international law | Choice of law | Mots clefs: ABSTRACT Since the beginning of the century, the autonomy of the will in private international law has been influenced by two opposing trends. In commKohler, Christian

Les langues et le droit international privé (Volume 381)

(8,981 words)

Author(s): Jayme, Erik
Jayme, Erik Keywords: Languages | Choice of law | Private international law | Mots clefs: ABSTRACT Language is an important element in private international law. As a connecting factor, it is an element of a person's identity, can be used in family and succession law, or to define the habitual character of a residence. The language also has a role to play in certain cases for the principle of nationality or in contracts where it can justify a tacit choice of law. The question of linguistic risk is also mentioned, in the case of languages not known by weak people. The laws on …

Foreign law in national courts: A comparative perspective (Volume 304)

(80,082 words)

Author(s): Jänterä-Jareborg, Maarit
Jänterä-Jareborg, Maarit Keywords: Municipal courts | Foreign law | Choice of law | Private international law | Mots clefs: Juridiction nationale | Droit étranger | Choix de la loi applicable | Droit international privé | ABSTRACT In this course on comparative private international law, Professor Maarit Jänteä-Jareborg of the University of Uppsala tackles the question of the application of foreign law in national courts. In the first part of the course, Professor Jänteä-Jareborg presents various old and new theories concerning the…

Facultative Choice of Law The Procedural Status of Choice-of-Law Rules and Foreign Law (Volume 257)

(87,352 words)

Author(s): M. De Boer, Th.
M. De Boer, Th. Keywords: Choice of law | Private international law | Mots clefs: Choix de la loi applicable | Droit international privé | ABSTRACT In this course, the author deals with the doctrine of “optional” or “facultative choice of law.” This doctrine touches upon a great many topics, ranging from the role of the court in civil litigation to the relation between treaties and national law, from the function of private international law to the task of supreme courts, and from the nature of mandatory law to the statu…

The Principle of Comity in Private International Law (Volume 354)

(45,166 words)

Author(s): Briggs, Adrian
Briggs, Adrian Keywords: Private international law | ChBriggs, Adrian

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.…

Le choix et l’adaptation de la règle étrangère dans le conflit de lois (Volume 83)

(28,364 words)

Author(s): Cansacchi, Giorgio
Cansacchi, Giorgio Keywords: Choice of law | Private international law | Mots clefs: Choix de la loi applicable | Droit international privé | ABSTRACT Giorgio Cansacchi's course focuses particularly on the study of the choice of the substantive rule competent to settle a disputed situation, or an aspect of that situation, when the judge of forum is faced with a plurality of connecting circumstances enacted by his conflict rule. The author also focuses on the problem of adapting the substantive rule chosen in the order of the forum. Le cours de Giorgio Cansacchi se concentre particu…

Circulation des biens culturels, détermination de la loi applicable et méthodes de règlement des litiges (Volume 375)

(167,612 words)

Author(s): Frigo, Manlio
Frigo, Manlio Keywords: Cultural property | Cultural heritage | Choice of law | Restitution | Dispute resolution | Trials | Mots clefs: ABSTRACT This course is dedicated to the standards governing the circulation of cultural goods. It begins by defining the system of the legal protection of cultural goods. This protection is differentiated according to the situation in which the property is located, as well as the form it takes : from cultural property to movable property to intangible cultural heritage. Private inter…

“Trusts” in Private International Law (Volume 366)

(34,290 words)

Author(s): Hayton, David
Hayton, David Keywords: Trusts | Recognition and enforcement of foreign judgments | Choice of law | Private international law | Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [Brussels, 22 December 2000] | Convention on the Law Applicable to Trusts and on their Recognition [The Hague, 1 July 1985] | Mots clefs: ABSTRACT This course is divided in three parts in order to get a broad understanding of the trust status in private international law. It starts, in part I, with the …

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 …

Choice of Law in Arbitration Proceedings (Volume 375)

(12,117 words)

Author(s): M. De Boer, Th.
M. De Boer, Th. Keywords: International commercial arbitration…

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…

Applicable Law in Relations between Intergovernmental Organizations and Private Parties (Volume 122)

(71,874 words)

Author(s): Seyersted, Finn
Seyersted, Finn Keywords: International organizations | Non-State actoRelations | Choice of law | International civil servants | Individuals | …