Collected Courses of the Hague Academy of International Law

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Les mutations du droit international privé : vers un changement de paradigme ? Cours général de droit international privé (Volume 387)

(274,874 words)

Author(s): Lequette, Yves
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…

L’entreprise et les conflits internationaux de lois (Volume 397)

(258,245 words)

Author(s): d’Avout, Louis
d’Avout, Louis Keywords: Multinational enterprises | Conflict of laws | …

Le renvoi en droit international privé technique de dialogue entre les cultures juridiques (Volume 377)

(47,913 words)

Author(s): J. Kassir, Walid
J. Kassir, Walid Keywords: Renvoi | Private international law | Conflict of laws | Mots clefs: ABSTRACT This course deals with renvoi in private international law, beginning with a presentation of the mechanism of renvoi and a study of the classic doctrinal debate. Then, the course uses the method of comparative positive law to meet the objective of "dialogue of cultures". This involves a global panorama of renvoi and an in-depth study of aspects specific to the countries of the Middle East. The last chapter off…

La méthode de la reconnaissance est-elle l’avenir du droit international privé ? Conférence inaugurale, session de droit international privé, 2014 (Volume 371)

(12,140 words)

Author(s): Lagarde, Paul
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 …

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.…

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…

Narrative Norms in Private International Law – The Example of Art Law (Volume 375)

(14,024 words)

Author(s): Jayme, Erik
Jayme, Erik Keywords: Art | Art law | Cultural property | Seizure | Restitution | Private international law | Conflict of laws | Mots clefs: ABSTRACT This lecture has three parts, the first one is dedicated to the concept of “narrative norms” and its position within the system of sources of private international law. Narrative norms are different types of norms, laws, principles, that “talk”, they are describing policies. When it comes to applying a law that has been determined, narrative norms play a role to favor of a …

L’exception d’ordre public et la régularité substantielle internationale de la loi étrangère (Volume 371)

(52,516 words)

Author(s): de Vareilles-Sommières, Pascal
de Vareilles-Sommières, Pascal Keywords: Foreign law | Law of public order | Private international law | Conflict of laws | Mots clefs: ABSTRACT This course is devoted to the public order exception, and first, to the construction of the paradigm of international substantive regularity. The notions relating to the public policy exception and the regularity of foreign law are approached from the perspective of private international law. This course is divided into a first part on the international regularity of foreign …

A Defense of Currie’s Governmental Interest Analysis (Volume 215)

(70,004 words)

Author(s): Hill Kay, Herma
Hill Kay, Herma Keywords: United States of America | Jurisconsults | Conflict of laws | Doctrines | Mots clefs: Etats-Unis d’Amérique | Juristes | Droit interrégional | Doctrines | ABSTRACT Herma Hill Kay, Professor at the University of California at Berkeley, devotes her course to a defense of Brainerd Currie’s approach to the determination of applicable law in private international law, as he developed it between 1958 and 1965, and called it governmental interest analysis. After a presentation of the historical context of …