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…

Muir Watt, Horatia Keywords: Private international law | Legal methodology ABSTRACT The choice of the method by which private international law organizes the meeting of local law with foreignness refers to an invisible background. In this course, Horatia Muir Watt proposes an analysis to better understand the deeper, often unconscious, issues of methodological choices. She divides the course into three parts. The first part brings together the methodological choices that correspond to the partitioning mode…

Lequette, Yves Keywords: Private international law | Conflict of laws ABSTRACT This course is based on the fact that yesterday's world is that of the conflicting paradigm in private international law. This conflictual paradigm mainly involves the conflict of laws, although it can be challenged by the alteration of the conflict rule as well as by the acceptance of foreign decisions. This questioning is articulated on the notion of the next world, to which a second, more prospective part of this course is devoted. This next world, opening up to a new paradi…

d’Avout, Louis Keywords: Multinational enterprises | Conflict of laws | International commercial law | Private international law [p11] d’Avout, Louis NOTICE BIOGRAPHIQUE [p21] Louis d’Avout, né le 29 janvier 1978 à Paris. Education secondaire à Dijon (Bourgogne) ; études supérieures aux Universités de Cologne et Paris I (Panthéon-Sorbonne) (LLM, maîtrise franco-allemande), puis Paris II (Panthéon-Assas) ; docteur en droit (2005), agrégé des Facultés de droit (2007). Professeur à l’Université de Lyon (Jean Moulin, Lyon 3, 2007-2012), depuis à l’Université Panth…

Salerno, Francesco Keywords: Private international law | Personal status | Identity [p11] Salerno, Francesco BIOGRAPHICAL NOTE [p16] Francesco Salerno, born in Taranto, Italy, on 25 March 1951, is an Italian national. Degree in Law, University of Florence (1974), Researcher in Law, Universities of Rome and Florence (1975-1987). Associate Professor of International Law, University of Catanzaro (1987) and later Chair, University of Ferrara (1999). Teaching activities include courses of “International Law”, “International Human …

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 commercial relations, particularly in contractual matters, a certain "return of the State" is observed. At the same time, the will of individuals is increasingly taken into account in cross-border situations. In this course, Christian Kohler provides an overview of the …

Van Gerven, Walter Keywords: Europe | Private international law | Transfer of proceedings | European Union | Mots clefs: Europe | Droit international privé | Renvoi | Union européenne | ABSTRACT Professor Walter van Gerven starts from the observation that there exists on the same territory a multiplicity of levels of legal orders (for example, seven legal orders intervening at different levels in Belgium). M. van Gerven wonders how and on the basis of which criteria it is possible to formulate “conflict” or rather “referral” …

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…

Boele-Woelki, Katharina Keywords: Party autonomy | Choice of law | International contracts | Private international law | International commercial arbitration | Trials | Mots clefs: ABSTRACT This course focuses on party autonomy in the context of the applicable law issued in international commercial contracts. It goes through explaining the Hague Principles on Choice of Law in International Commercial Contracts, finalized in 2013, and how they are used as a recent source on the matter. This reflection leads to the questio…

Bonomi, Andrea Keywords: Law of succession | Private international law | Mots clefs: Droit des successions | Droit international privé | ABSTRACT Mr. Bonomi notes that the law of international succession is a rich and complex subject. He deals with issues of classical private international law. These issues have already been the subject of numerous writings by scholars, but also the evolution of national systems and European perspectives justifying further study of the problems according to Professor Bonomi. As a par…

Tiburcio, Carmen Keywords: Private international law | International law of procedure | International law of procedure: jurisdiction ABSTRACT International cooperation, together with the determination of the applicable legislation and jurisdiction, are the three main objectives of the study of private international law. In this course, Carmen Tiburcio first provides a brief introduction on cooperation and private international law and explores the parameters of international cooperation. She defines cooperation a…

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…

Susana Najurieta, María Keywords: MinoChildren | Family law | Adoption | Private international law | Convention on Protection of Children and Cooperation in respect of Intercountry Adoption (The Hague, 29 May 1993) | Children's rights | Human rights | Mots clefs: ABSTRACT This course aims to understand what the law can offer, through family law, comparative law, and private international law, for the well-being of children and the respect of their fundamental rights. Thus, this course is divided into a chapter-by-chapter study of the fu…

J. Garcimartín Alférez, Francisco Keywords: Companies | Actions | Obligations | Securities | Stock market transactions | Headquarter | Company law | Private international law | Mots clefs: Entreprises | ABSTRACT Companies listed on the stock exchange are not only subject to general company law but also to securities regulations, and in particular to regulations concerning listing their stock. The subject of this course by Francisco J. is to study the problems facing companies that are listed in foreign stock markets, that is,…

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…

Gaillard, Emmanuel Keywords: International arbitration | Private international law | Legal philosophy | Legal positivism | International commercial arbitration | Mots clefs: Arbitrage international | ABSTRACT The law of arbitration, even more than the private international law, says Emmanuel Gaillard, Professor at the University of Paris XII, lends itself to a reflection of the philosophy of law. The notions, which are essentially philosophical, of will and freedom are at the heart of the matter. The parties’ freedom to …

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 …

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…

Hobér, Kaj Keywords: Res iudicata | Concurrent proceedings | Law of civil procedure | Arbitration | International commercial arbitration | Private international law | Mots clefs: ABSTRACT The objective of these lectures is to identify situations where res judicata and lis pendens issues may arise in international arbitrations, as well as to take stock of, and to discuss, what arbitral tribunals actually do with respect to the principles of res judicata and lis pendens. After an introduction, the Chapter II discusses res judicata and lis pendens in a number of national jurisdicti…

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…