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…

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…

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 …

Lagarde, Paul Keywords: Private international law | Conflict of laws | Choice of law | Recognition | Mots clefs: ABSTRACT The method of recognition of situations is the one that allows the recognition of a situation without verification by the State where it is invoked by the law applied at its creation. In this course, Paul Lagarde first recalls how the method of recognition has emerged over time through other less efficient methods. The author then explains the current foundations and the mode of operation of the…

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.…

Frigo, Manlio Keywords: Cultural property | Cultural heritage | Choice of law | Restitution | Dispute resolution | Trials | Mots clefs: ABSTRACT This course is dedicated to the standards governing the circulation of cultural goods. It begins by defining the system of the legal protection of cultural goods. This protection is differentiated according to the situation in which the property is located, as well as the form it takes : from cultural property to movable property to intangible cultural heritage. Private inter…

Hayton, David Keywords: Trusts | Recognition and enforcement of foreign judgments | Choice of law | Private international law | Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [Brussels, 22 December 2000] | Convention on the Law Applicable to Trusts and on their Recognition [The Hague, 1 July 1985] | Mots clefs: ABSTRACT This course is divided in three parts in order to get a broad understanding of the trust status in private international law. It starts, in part I, with the …

M. De Boer, Th. Keywords: International commercial arbitration | International arbitration | Choice of law | Lex fori | International law of procedure | Mots clefs: ABSTRACT In arbitration, choice-of-law issues are more complicated than they are in ordinary litigation, as an arbitral tribunal is not bound to the lex fori of the state in which it sits. This lack of obligation to a specific set of national choice of law rules, this freedom of disposition, can lead the tribunal to apply any rule of law that it would deem “appropriate”. The author …

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…