1. The history and nature of international law

Daily Lives ◽

The Law ◽

State Relations ◽

Inter State

This introductory chapter provides an overview of the history and nature of international law. Rather than regulating the behaviour of individuals in their relations with one another, international law is usually portrayed as a legal framework to govern the relations between ‘States’, the organized political entities which are the primary subjects of international law. ‘Public international law’ is to be distinguished from ‘private international law’, which describes the principles that determine the applicability of a certain law or set of laws to situations involving individuals with a foreign or transboundary element. Indeed, private international law regulates the conflicts between rules of different domestic legal orders, while public international law concerns relations between States. Today, public international law has exceeded its foundations as the law of inter-State relations and operates as an integral part of the daily lives of individuals.

Historical Development

10.1093/oso/9780198819868.003.0008 ◽

2018 ◽

Author(s):

Kubo Mačák

Keyword(s):

International Law ◽

Historical Development ◽

General Trend ◽

Armed Conflicts ◽

Fundamental Transformation ◽

State Actors ◽

The Law ◽

State Relations ◽

Inter State ◽

State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

Introduction

The Conflict of Laws ◽

10.1093/oso/9780198838500.003.0001 ◽

2019 ◽

pp. 1-42

Author(s):

Adrian Briggs

Keyword(s):

European Union ◽

United Kingdom ◽

International Law ◽

Legal Framework ◽

The European Union ◽

The United Kingdom ◽

The Common ◽

Law And Legislation

This introductory chapter begins with a brief discussion of the effect of the unexecuted decision of the United Kingdom to leave the European Union. If the United Kingdom were to withdraw on the terms approved by Parliament, the resulting legal framework would, in principle, be that put in place by the European Union (Withdrawal) Act 2018. That is to say, on ‘Exit Day’, the European Communities Act 1972 will be repealed. This will, at a stroke, remove the legal basis upon which a substantial body of private international law takes effect in the legal order of the United Kingdom. The chapter then sets out the book’s focus, which is the conflict of laws, followed by discussions of the common law’s conception of private international law and legislation establishing private international law as European law.

30 South Korea

10.1093/law/9780198808589.003.0030 ◽

2018 ◽

Author(s):

Hong Suhn-Kyoung ◽

Cheong Seong-Koo

Keyword(s):

South Korea ◽

International Law ◽

Legal Framework ◽

Civil Code ◽

Cross Border ◽

The Law ◽

The Right ◽

Insolvency Proceedings ◽

Governing Law

This chapter discusses the law of set-off in South Korea, along with certain restrictions on the exercise of the right of set-off in insolvency proceedings. The legal framework for set-off in South Korea is based on the Civil Code. The courts have also generally supported set-off as a means of satisfying a claim or discharging debt. The Korean Private International Law does not expressly lay down the governing law for set-off. This governing law issue is commonly discussed under two scenarios: set-off is undertaken on the basis of a set-off agreement between the parties; and set-off is undertaken in the absence of an agreement. The chapter first considers the governing law of contractual and non-contractual set-off in South Korea before turning to set-off between solvent parties and set-off against insolvent parties. It also analyses issues arising in cross-border set-off.

1. Introduction

Brownlie's Principles of Public International Law ◽

10.1093/he/9780198737445.003.0001 ◽

2019 ◽

pp. 3-17

Author(s):

James Crawford

Keyword(s):

Twentieth Century ◽

International Law ◽

International Organizations ◽

Use Of Force ◽

Late Medieval ◽

Law Of Nations ◽

The Law ◽

Ius Gentium

This introductory chapter discusses the development of the international law. It begins by tracing the development of the law of nations, now known as (public) international law, which grew out of the tradition of the late medieval ius gentium. Over the course of the twentieth century, international law underwent a profound process of expansion. Developments included, inter alia, the creation of international organizations of universal membership with treaty-making powers, a detailed elaboration of the law of the sea, the establishment of permanent bodies for the settlement of international disputes, the prohibition on the use of force by states, and the emergence of various sub-disciplines or specialist areas of work and study.

Intersections in Public International Law for Protecting Cultural Heritage LawPast, Present, and Future

Intersections in International Cultural Heritage Law ◽

10.1093/oso/9780198846291.003.0001 ◽

2020 ◽

pp. 1-14

Author(s):

Anne-Marie Carstens ◽

Elizabeth Varner

Keyword(s):

Cultural Heritage ◽

International Law ◽

Criminal Law ◽

International Criminal Law ◽

International Human Rights Law ◽

Human Rights Law ◽

Law Of Armed Conflict ◽

The Law

In this introductory chapter, the volume editors observe that despite the increasing recognition of international cultural heritage law as an emerging field, this body of law is comprised largely of a collection of rules developed at and within different intersections in public international law. The chapter outlines how rules for protecting tangible and intangible cultural heritage developed, for example, in the law of armed conflict, international criminal law, international human rights law, and the law of the sea, as well as how States, international organizations, international tribunals, and other actors have contributed to this development. The chapter argues that as a result of this evolutionary background, the scope of international law governing the recognition, protection, or return of cultural heritage law can be illuminated by studying cultural heritage regimes within the context of the intersections in which they have developed.

Codification of Private International Law in Israel?

Israel Law Review ◽

10.1017/s0021223700005756 ◽

1977 ◽

Vol 12 (2) ◽

pp. 129-154

Author(s):

Edoardo Vitta

Keyword(s):

International Law ◽

Legal Framework ◽

District Courts ◽

Legal Rules ◽

Exclusive Jurisdiction ◽

Personal Status ◽

The Law ◽

Set Up ◽

Civil Courts

In the field of Private International Law, as well as in other branches of the law, Israeli legislation reflects the inheritance of the past. The situation is particularly complex in relation to matters of personal status, where the principle of the personality of the law, characterising the legal set-up of the former Ottoman Empire, still prevails, although modified in various ways by enactments of the Mandatory period and the legislature of Israel. Yet the bulk of conflict rules are drawn from the common law as applied in England, a subsidiary source of legal rules under art. 46 of the Palestine Order-in-Council, 1922–47.The details of the P.I.L. system actually in force in the State of Israel will not be dealt with in this paper. Our discussion will be limited to the main trends.The rules concerning personal status in Israel have their basis in Ottoman law according to which the national law of foreigners was applied to them by the consular courts of their own States. This, the well-known system of the Capitulations, was maintained until the Treaty of Montreux of 8 May 1937.When the British Mandate was set up in Palestine, the pattern obtaining in other territories under British administration was followed: the existing legal framework was retained and merely adapted to the new situation. The relevant Mandatory legislation consisted of the Palestine Order-in-Council 1922 and the Succession Ordinance, 1925. Under these enactments matters of personal status affecting foreigners (other than Moslem foreigners belonging to States who required them to submit in such matters, to the exclusive jurisdiction of the Moslem Religious Courts) were to be tried by the civil courts (the District Courts) according to their national law; if, however, the national law referred the matter to the law of their domicile, such latter law was to be applied.

Law Applicable to Liability for Damages due to Traffic Accidents Involving Autonomous Vehicles

Masaryk University Journal of Law and Technology ◽

10.5817/mujlt2020-2-2 ◽

2020 ◽

Vol 14 (2) ◽

pp. 177-200

Author(s):

Marek Swierczynski ◽

Łukasz Żarnowiec

Keyword(s):

Artificial Intelligence ◽

International Law ◽

Autonomous Vehicles ◽

Traffic Accidents ◽

Legal Framework ◽

New Approach ◽

Conflict Of Laws ◽

Individual Consideration ◽

The Law

The authors examine the problem of the law applicable to liability for damages due to traffic accidents involving autonomous vehicles. Existing conflict-of-laws regulation adopted in the Rome II Regulation and both Hague Conventions of 1971 and 1973 is criticized. Upon examination of these legal instruments, it becomes clear that existing regulation is very complex and complicated. In effect authors recommend revisions to the legal framework. Proposed solutions are balanced and take into consideration both the interests of the injured persons, as well the persons claimed to be liable. New approach allows for more individual consideration of specific cases and direct to better outcome of the disputes. The findings may be useful in handling the cases related to use of algorithms of artificial intelligence in private international law.

European patent with unitary effect but with variable law: regulating the right to patent for transnational inventions

REVISTA LEX MERCATORIA Doctrina Praxis Jurisprudencia y Legislación ◽

10.21134/lex.v8i1.1466 ◽

2018 ◽

Vol 8 (1) ◽

pp. 29

Author(s):

Bernardo Calabrese

Keyword(s):

Intellectual Property ◽

International Law ◽

Legal Framework ◽

Patent System ◽

European Patent ◽

Normative System ◽

The Law ◽

The Right ◽

Unitary Patent

Abstract: This article focuses on a specific issue involving the so called right to patent in the context of the recently approved Unitary Patent system. Considering the field of private international law related to intellectual property, the issue of the law applicable to initial ownership becomes even more thorny in the legal framework of the Unitary Patent: as a matter of fact, this normative system could convey uncertainty in its application to transnational inventions, by reason of the peculiar criterion of the law of the “(first) applicant” governing the Unitary Patent as an object of property under art. 7, Regulation EU n. 1257/2012. Therefore, an interpretative clarification on this point seems necessary.

Toward A New Dialogue Between Conflict of Laws and International Law

AJIL Unbound ◽

10.1017/s2398772320162981 ◽

2016 ◽

Vol 110 ◽

pp. 150-154 ◽

Cited By ~ 3

Author(s):

Christopher A. Whytock

Keyword(s):

International Law ◽

Conflict Of Laws ◽

The Law

International law, as it appears in the pages of theAmerican Journal of International Law, is largely public international law. Conflict of laws is usually considered to be either outside international law or part of private international law. This symposium in AJIL Unbound, with its focus on the Restatement of the Law (Third) Conflict of Laws, is therefore noteworthy. It also is welcome, because there is much to gain from thinking about conflict of laws and international law together.

The Oxford Handbook of International Cultural Heritage Law

10.1093/law/9780198859871.001.0001 ◽

2020 ◽

Keyword(s):

Cultural Heritage ◽

International Law ◽

Driving Force ◽

Comparative Law ◽

Legal Framework ◽

Public And Private ◽

Heritage Protection ◽

Coherent Body

This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional, and bilateral initiatives, including legal measures. Accordingly, the Handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The Handbook concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs.