Part I The Doctrine of Res Judicata in Litigation, 2 The Doctrine of Res Judicata in International Law

2016 ◽  
Author(s):  
Schaffstein Silja
Keyword(s):  
International Law ◽  
The Other ◽  
Private International Law ◽  
Member States ◽  
Public International Law ◽  
Res Judicata ◽  
Other Hand ◽  
Recognition And Enforcement

This chapter discusses how international law deals with the problems of multiple proceedings and conflicting judgments concerning the doctrine of res judicata. In international law, the problem is handled differently depending on whether it arises in the private or public international law context. In private international law, the problem has long been resolved by domestic private international law acts and various bilateral conventions. In Europe, the Brussels I Regulation seeks to avoid these problems among Member States by unifying rules on jurisdiction and the recognition and enforcement of judgments. On the other hand, in public international law, a uniform doctrine of res judicata has been developed on the basis of domestic res judicata rules.

8 Conclusion

2011 ◽  
Author(s):  
Sabahi Borzu
Keyword(s):  
International Law ◽  
Status Quo ◽  
The Other ◽  
State Responsibility ◽  
Private Law ◽  
Public International Law ◽  
Other Hand ◽  
The Status ◽  
Dual Origin

This chapter discusses ten important findings included in this book. One finding is the dual origin of the modern rules on State responsibility and reparation in both private law notions and public international law, resulting in the objective of reparation of putting the aggrieved party in the ‘hypothetical position’, that would have existed if the unlawful act had not occurred. This objective is mirrored in the modern Chorz ów Factory formula. Restitution, which seeks to re-establish the status quo ante, may need to be accompanied by additional compensation to fully reach the hypothetical position. The amount of compensation, on the other hand, based on the recent jurisprudence, may vary depending on whether the acts complained of were lawful or unlawful. Other important points arising from this study concerning the principles of reparation and compensation are also highlighted in the chapter.

BOOK REVIEWSBOOK REVIEWSvan der WeideJ. A.Lecturer in private international law, Faculty of Law, Free University, Amsterdam122001483367371RutgersJ.W., International Reservation of Title Clauses: A Study of Dutch, French and German Private International Law in the Light of European Law, T.M.C. Asser Press, The Hague 1999, XI + 233 pp., € 61.50/US$ 81/UK£ 47.25. ISBN 90-6704-116-5.Copyright © T.M.C. Asser Press 20012001T.M.C. Asser PresspdfS0165070X00001388a.pdfdispartBook Reviews1.See, e.g., VlietL.P.W. van, Transfer of Movables in German, French, English and Dutch Law (diss. Maastricht) (Nijmegen, Ars Aequi Libri 2000).2.1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, most recently amended by the 1996 Accession Convention. The Brussels Convention will be converted into the Council Regulation (EC) No. 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Official Journal ECL 12, 16 01 2001), which will come into force on 1 March 2002. This Council Regulation shall apply to all EC Member States except Denmark.3.Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 (Official Journal EC L 200, 8 08 2000). Art. 4 states: ‘1) Member States shall provide in conformity with the applicable national provisions designated by private international law that the seller retains title to goods until they are fully paid for if a retention of title clause has been expressly agreed between the buyer and the seller before the delivery of the goods. 2) Member States may adopt or retain provisions dealing with down payments already made by the debtor.’4.See, e.g., MünchKomm-Kreuzer, Internatonales sachenrecht (München, C.H. Beck 1998), Nach Art. 38 Anh. I, nrs. 66–67; Staudinger/Stoll, Internationales Sachenrecht (Berlin, Sellier de Gruyter 1996) nrs. 282–285 and 292–294; WeberR.H., ‘Parteiautonomie im internationalen Sachenrecht?

2001 ◽  
Vol 48 (03) ◽  
pp. 367
Author(s):  
J. A. van der Weide
Keyword(s):  
International Law ◽  
Official Journal ◽  
Brussels Convention ◽  
Private International Law ◽  
European Law ◽  
Member States ◽  
Law Faculty ◽  
Recognition And Enforcement ◽  
The Hague ◽  
Council Regulation

Chronology of Practice: Chinese Practice in Private International Law in 2019

2020 ◽  
Author(s):  
H E Qisheng
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Public Order ◽  
Punitive Damages ◽  
Private International Law ◽  
Res Judicata ◽  
Force Majeure ◽  
International Transport ◽  
Recognition And Enforcement ◽  
Judicial Assistance

Abstract This survey contains materials reflecting the practice of Chinese private international law in 2019. First, this paper describes the judiciary’s caseload: Chinese courts decided some 17,000 foreign-related civil and commercial cases, 16,000 maritime cases and 9,648 requests for judicial assistance in 2019. Regarding changes in the statutory framework of private international law, four legislative acts, one set of Regulations and six Supreme People’s Court (SPC) Judicial Interpretations were adopted or amended in 2019 on investment contracts, action preservation in intellectual property, punitive damages, etc. Second, eight typical cases on jurisdictional issues are selected, including jurisdiction clauses, parallel proceedings, and res judicata. Third, seven new representative cases on choice of law relating, in particular, to international transport, force majeure, gambling debts and public order, are examined. Fourth, five cases on the recognition and enforcement of foreign judgments and one SPC Opinion in favour of presumed reciprocity are briefly examined. Finally, this paper also covers seven key cases which reflect the latest development in Chinese private international law on other procedural issues, such as service of process abroad and authentication, and three cases on international arbitration (including the first decision rendered by the China International Commercial Court).

The Operational and Normative Aspects of Treaties

1985 ◽  
Vol 20 (2-3) ◽  
pp. 123-136 ◽  
Author(s):  
Paul Reuter
Keyword(s):  
International Law ◽  
The Other ◽  
Private International Law ◽  
Other Hand ◽  
General Rules ◽  
The One ◽  
Substantive Law

There are two aspects to a treaty. On the one hand, it constitutes a procedure, an operation whereby several minds meet and, if necessary, meet again to review, amend or even abolish the commitments contained in the treaty; on the other hand, it describes and establishes rights and duties, defines individual situations, or lays down general rules. In the language of continental jurists a treaty is at the same time a “legal transaction” and a “collection of norms”. Consequently, it is possible to distinguish in the articles of the treaty between those containing provisions pertaining to the mechanism of the legal transaction, which may be termed its “operational rules”, and those containing rules of content, which may also be called—to borrow from the language of private international law—“rules of substantive law”.

PRIVATE INTERNATIONAL LAW IMPLICATIONS OF ‘EQUAL CIVIL PARTNERSHIPS’

2019 ◽  
Vol 68 (1) ◽  
pp. 161-173
Author(s):  
Máire Ní Shúilleabháin
Keyword(s):  
Human Rights ◽  
International Law ◽  
The Other ◽  
Private International Law ◽  
Civil Partnership ◽  
Other Hand ◽  
Human Rights Norms ◽  
The Uk ◽  
Domestic Law

AbstractThe Steinfeld and Keidan campaign for ‘equal civil partnerships’ is focussed on English domestic law. However, it also has profound implications from a private international law perspective. If the UK parliament extends civil partnership to include different-sex couples, this will close a long-standing gap in English private international law. If, on the other hand, it was decided to abolish civil partnership, this would extend the existing lacuna in English private international law, and might generate further collisions with human rights norms. This article explores these lacunae and associated human rights concerns—and suggests possible solutions.

Part III Recognition and Enforcement, 19 Brussels and Lugano: Authentic Instruments and Court Settlements

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
Public Policy ◽  
Member State ◽  
Country Of Origin ◽  
The Other ◽  
Member States ◽  
Res Judicata ◽  
Recognition And Enforcement ◽  
The Way

This chapter deals with the enforcement of two special kinds of legal instruments: authentic instruments and court settlements. Both are contracts and derive their validity from the consent of the parties. They normally acknowledge the indebtedness of one party to the other. Court settlements are usually concluded to put an end to a dispute. The special feature of both instruments is the way in which they are concluded, and it is this which gives them a special status in the country of origin, often equivalent to <i>res judicata</i>. What is striking about the provisions on these instruments in Brussels and Lugano is that the enforcement of an authentic instrument or court settlement originating in one Member State (Lugano State) is virtually automatic in other Member States (Lugano States): public policy is stated to be the only ground on which it may be contested.

The Role of Geo-location Technologies

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Current Effect ◽  
Public International Law ◽  
The Road ◽  
On The Road

This chapter explores the role geo-location technologies may play on the road towards achieving jurisdictional interoperability. The relevant technologies involved are introduced briefly, their accuracy examined, and an overview is provided of their use, including the increasingly common use of so-called geo-blocking. Attention is then given to perceived and real concerns stemming from the use of geo-location technologies and how these technologies impact international law, territoriality, and sovereignty, as well as to the role these technologies may play in law reform. The point is made that the current ‘effect-focused’ rules in both private international law and public international law (as those disciplines are traditionally defined), are likely to continue to work as an incentive for the use of geo-location technologies.

Scope of (Remedial) Jurisdiction

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Private International Law ◽  
Online Environment ◽  
Public International Law ◽  
Current Practices

This chapterdraws attention to a new category of jurisdiction, what we may term ‘scope of jurisdiction’, or ‘scope of remedial jurisdiction’, and explains why this category of jurisdiction is particularly important in the online environment. It thenprovides a coherent framework for how we ought to approach this type of jurisdiction. In doing so, it draws upon experiences from recent cases; in particular, the Google Spain (González) case and the Google Canada (Equustek) case, both of which provide important insights into current practices regarding territoriality in private international law, and perhaps to a lesser extent public international law (as traditionally distinguished).

Understanding the Functions of Jurisdictional Law

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Philosophy ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Public International Law ◽  
Important Concept ◽  
Definition Of

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.

scholarly journals The Hague Judgments Convention and How We Negotiated It

2020 ◽  
Author(s):  
Jin Sun ◽  
Qiong WU
Keyword(s):  
International Law ◽  
Great Influence ◽  
Negotiation Process ◽  
Private International Law ◽  
Mutual Benefit ◽  
Global Circulation ◽  
Recognition And Enforcement ◽  
The Hague

Abstract In July 2019, the Hague Conference on Private International Law adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As an outcome of the Judgments Project, this Convention will exert a great influence on the global circulation of foreign judgments. China attached great importance to the Judgments Project and participated in the full negotiation process. This paper is a reflection of some of the Chinese negotiators’ approaches in handling certain very difficult but important issues in the process, with the hope that it may shed some light on China’s negotiation practice and the principles it adheres to in the international law arena, which are fully in line with the principles of equity and justice, mutual benefit, and win-win outcome.

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