Collected Courses of the Hague Academy of International Law

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Constitutional Limits on Choice of Law (Volume 234)

(36,190 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 point of this class is to understand the manner in which constitutional rules impact the choice of law depending on the countries. This study starts with a casuistic understanding of the position of United States, followed by Canada and Australia, as they are federal countries under common la…

Development of Rules of Private International Law in the Field of Family Law (Volume 166)

(45,118 words)

Author(s): M. North, Peter
M. North, Peter Keywords: United States of America | Family law | Conflict of laws | Private international law | Mots clefs: Etats-Unis d’Amérique | Droit interrégional | Droit de la famille | ABSTRACT In this course devoted to Development of Rules of Private International Law in the Field of Family Law, Peter North assigns several missions. He intends to show what developments have taken place in this field, why they have intervened in the field, what their effects have been, and what their future will be. He concentrates mainl…

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…

The Régime of Boundary Waters — the Canadian-United States Experience (Volume 146)

(40,471 words)

Author(s): Cohen, Maxwell
Cohen, Maxwell Keywords: Canada | United States of America | Great Lakes | Boundary wateInternational watercourses | Water | Shared natural resources | International regime | Mots clefs: Canada | Etats-Unis d’Amérique | Cours d eau frontières | Lacs (Grands) | ABSTRACT Maxwell Cohen, Professor at Mc Gill University, notes that the importance of study of international rivers in public international law comes from the geophysical reality that rivers impose on peoples, and artificial political divisions that cut off rivers or create divisi…

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 …

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

(103,316 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…

Regulatory Federalism: European Union and United States (Volume 263)

(49,235 words)

Author(s): A. Bermann, George
A. Bermann, George Keywords: United States of America | Federalism | European Union | Mots clefs: Etats-Unis d’Amérique | Fédéralisme | Union européenne | ABSTRACT This course of George A. Bermann, Professor at the University of Colombia, New York, addresses the topic of the legal régime of federalism in two of the most developed divided-power systems in the world today: the European Union and the United States. A comparison between the European Union and the United States as régimes of regulatory federalism is a must, …

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

(173,409 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 …

International Business Transactions in United States Courts (Volume 261)

(92,954 words)

Author(s): Hongju Koh, Harold
Hongju Koh, Harold Keywords: United States of America | International commercial law | Extraterritorial jurisdiction | Trials | Mots clefs: Etats-Unis d’Amérique | Droit commercial international | Extraterritorialité des lois | ABSTRACT This course of Harold Hongju Koh, Professor at the University of Yale, New Haven, is devoted to jurisprudential developments relating to the commercial transactions in United States Courts. After a general introduction, Professor Koh develops the subject of American law of foreign sovereignty: …

The Public International Law Regime Governing International Investment (Volume 344)

(142,300 words)

Author(s): Enrique Alvarez, José
Enrique Alvarez, José Keywords: Foreign direct investment | Public international law | Legal regime | Economy | Globalization | Sovereignty | United States of America | Bilateral investment treaties | Argentina | Mots clefs: Investissements directs à l'étranger | Droit international public | Régime juridique | Economie | Mondialisation | Souveraineté | Etats-Unis d'Amérique | Traités bilatéraux d'investissement | Argentine | ABSTRACT This course considers the ramifications of the legal regime that governs transborder capital flows. This regime consists pri…

Contributing to Progressive Development of Private International Law: The International Process and the United States Approach (Volume 249)

(48,883 words)

Author(s): H. Pfund, Peter
H. Pfund, Peter Keywords: United States of America | Private international law | Development of international law | Mots clefs: Etats-Unis d'Amérique | Droit international privé | Développement du droit international | ABSTRACT In this course devoted to the American approach of the international process of progressive development of private international law, Peter Pfund, Assistant Legal Adviser at the US Department of State, hopes to demystify the international process of unification/harmonization of "private" law at the inter…

A Defense of Currie’s Governmental Interest Analysis (Volume 215)

(70,004 words)

Author(s): Hill Kay, Herma
Hill Kay, Herma Keywords: United States of America | Jurisconsults | Conflict of laws | Doctrines | Mots clefs: Etats-Unis d’Amérique | Juristes | Droit interrégional | Doctrines | ABSTRACT Herma Hill Kay, Professor at the University of California at Berkeley, devotes her course to a defense of Brainerd Currie’s approach to the determination of applicable law in private international law, as he developed it between 1958 and 1965, and called it governmental interest analysis. After a presentation of the historical context of …