Dogauchi, Masato Keywords: Japan | Private international law | Legal history | Choice of law | Mots clefs: Japon | Droit international privé | Histoire du droit | Choix de la loi applicable | ABSTRACT The course of Masato Dogauchi, Professor at Waseda University in Tokyo, has two objectives. One is to provide a brief introduction to choice-of-law rules in Japan. The other is to present a four-step analysis in choice-of-law rules. This m…

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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…

C. Hartley, Trevor Keywords: Common law | Private international law | Mots clefs: Pays de Common law | Droit international privé | ABSTRACT In the opening pages of his course on private international law, Trevor C. Hartley, Professor Emeritus of the London School of Economics, reminds us that private international law, despite its name, is just a branch of the ordinary law of the land: it has no special authority. The only exceptions are the limited number of treaties and the increasing number of EU legal documents th…

P. Pamboukis, Charalambos Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT Charalambos P. Pamboukis, Associate Professor at the University of Athens, points out in the introduction to his course that the paradigm of law has changed significantly. Today, we are experiencing a movement of communication integration with effects in various sectors of social, economic, and cultural life through the phenomenon of globalization. The salient feature of the evolution is the emergen…

Baratta, Roberto Keywords: Natural persons | Status | Rights | Effects of foreign instruments | Recognition | Private international law | Mots clefs: Personnes physiques | Statut | Droits | Effets des actes authentiques étrangers | Reconnaissance | Droit international privé | ABSTRACT Roberto Baratta, Professor at the University of Macerata, in his course, answers the problem of the "reaction" of private international law to the need of people who, in a society with increased mobility, generally have an interest in maintaining their lega…

Y. Gotanda, John Keywords: Damages | Compensation for damage | Private international law | Punitive damages | Mots clefs: Dommages-intérêts | Compensation | Droit international privé | Dommages-intérêts extravagants comme pénalité | ABSTRACT With the emergence of the global economy, disputes between transnational contracting parties have increased in number, size and complexity. In these transnational disputes, claims for damages are growing in frequency. This course by John Gotanda, Professor at Villanova University School of …

Goldstein, Gérald Keywords: Cohabitation | Private international law | Registered partnership | Mots clefs: Concubinage | Droit international privé | Partenariat civil | ABSTRACT In this course, Professor Gérald Goldstein of the Faculty of Law of the University of Montreal examines the conflicts of laws concerning cohabitation outside marriage. As the focus is on private international law, the subject excludes the in-depth and exhaustive comparative study of the various domestic law provisions affecting cohabitation or…

ANDREAS BUCHER Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT In this general course on private international law, Andreas Bucher, Honorary Professor at the University of Geneva, makes a systematic and in-depth study of the subjects of private international law: conflicts of law, conflicts of jurisdiction, plurality of courts, concentration of disputes. Professor Bucher begins his first chapter, devoted to the pluralism of the methods of private international law, with …

Gaudemet-Tallon, Hélène Keywords: Private international law | Pluralism | Cultural Diversity: Plural Legal Systems | Cultural Diversity and Private International Law | Mots clefs: Droit international privé | ABSTRACT Hélène Gaudemet-Tallon, Professor Emeritus of the University or Paris II (Panthéon-Assas), compares the position of private international law in 2005 to a rainbow and a tightrope walker. As the colours of the rainbow do change imperceptibly, so do the legal categories, the various sources, the objectives that a…

Briggs, Adrian Keywords: Private international law | Choice of law | International law of procedure | Comity | Mots clefs: Droit international privé | Choix du droit applicable | Droit internationale de procédure | Courtoisie internationale | ABSTRACT This course starts by explaining the notion of a comity itself, as there are different sources and types of comities. Comities are curtailing the application of local law, and it is up to them to question, limit or refuse the application of foreign law for their cases. The course follo…

V. M. Struycken, A. Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT In this general course on private international law, Antoon Struycken, Professor Emeritus at the Catholic University of Nijmegen, intends to favor a universalist approach rather than a particularist approach. This course is not a treatise and operates a selection of subjects to be covered. After preliminary developments on internationally mandatory rules and public policy, Professor Struycken focuses on th…

Salah Mohamed Mahmoud, Mohamed Keywords: Autonomy | Law of contracts | Private international law | Law of immediate application | Mots clefs: Autonomie | Droit des obligations | Droit international privé | Lois d'application immédiate | ABSTRACT In this course, Professor Salah Mohamed Mahmoud confronts the principle of party autonomy with the methods for the protection of the weak party in private international contract law. Professor Salah Mohamed Mahmoud also aims to discover whether, at the present time of globalisation, the law…

Mayer, Pierre Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT Within the framework of his course, Professor Pierre Mayer, Professor at the University of Paris I, uses a certain number of opposite or complementary paired concepts: conflicts of laws and jurisdictions, of course, but also rules and decisions, rules of conduct and rules of decision, substantive rules and procedural rules, the state legal system and the State, jurisdiction and “relevance”, co-ordination and c…

Muir Watt, Horatia Keywords: Economy | Globalization | Private international law | Mots clefs: Economie | Mondialisation | Droit international privé | ABSTRACT Professor Muir-Watt shows in her course that, because of economic globalization, private international law is at the same time subjected to a movement towards privatization and a movement towards politicization of disputes. The movement towards the privatization of international law results from national legislations that are made to compete and are subjected t…

J. Silberman, Linda Keywords: Children | Abduction | Treaties | Convention on the Civil Aspects of International Child Abduction (The Hague, 25 October 1980) | Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (The Hague, 19 October 1996) | Convention on Protection of Children and Cooperation in respect of Intercountry Adoption [The hague, 29 May 1993] | Adoption | Private international law | Legal co-operation | Parental responsibilities | Mots clefs: Enfants | E…

Kinsch, Patrick Keywords: Human rights | Private international law | Judicial competence | International law of procedure | Mots clefs: Droits de l'homme | Droit international privé | Compétence judiciaire | Droit international de procédure | ABSTRACT Patrick Kinsch, Attorney at Law in Luxembourg, assigns to his course the aim of demonstrating that there is no radical incompatibility between reasoning in terms of human rights and the application of specific methods to private international law. A peaceful, even enriching, coexisten…

Davì, Angelo Keywords: Renvoi | Private international law | Doctrines | Mots clefs: Renvoi | Droit international privé | Doctrine | ABSTRACT In this course, Angelo Davi devotes a few developments to the study of the field of application that modern regulations of conflict of laws grant to the renvoi as well as the examination of some of the rather complex problems of its practical operation. The author begins with an introduction to the evolution of ideas on the Doctrine on renvoi and then traces the origin of the pr…

McLachlan, Campbell Keywords: Exception de litispendance | International law of procedure | Private international law | Public international law | International arbitration | International commercial arbitration | Mots clefs: Litispendance | Droit international de procédure | Droit international privé | Droit international public | Arbitrage international | Arbitrage commercial international | ABSTRACT Campbell McLachlan, Professor at Victoria University of Wellington, devotes his course to lis pendens in international law. After a detailed intro…