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…

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,…

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.…

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…

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…

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…

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 …

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…

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…

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…