Collected Courses of the Hague Academy of International Law

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L’arbitrage dans l’espace OHADA (Volume 380)

(59,550 words)

Author(s): Pougoué, Paul-Gérard
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,…

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.…

Conflit de lois et droit uniforme dans le droit international privé contemporain : dilemme ou convergence? Conférence inaugurale, session de droit international privé, 2012 (Volume 359)

(31,402 words)

Author(s): Opertti Badán, Didier
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…

Transnational Commercial Law and Conflict of Laws : Institutional Co-operation and Substantive Complementarity Inaugural Lecture, Private International Law Session, 2013 (Volume 369)

(9,661 words)

Author(s): Kronke, Herbert
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…

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…

L’efficacité des normes internationales concernant la situation des personnes privées dans les ordres juridiques internes (Volume 356)

(121,383 words)

Author(s): Lagrange, Evelyne
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…