The Oxford Handbook of International Cultural Heritage Law

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.

Extraterritorial Jurisdiction at a Crossroads: An Intersection Between Public and Private International Law

10.2307/2201454 ◽

1982 ◽

Vol 76 (2) ◽

pp. 280-320 ◽

Cited By ~ 16

Author(s):

Harold G. Maier

Keyword(s):

International Law ◽

Human Beings ◽

Public And Private ◽

The Public ◽

Nation States ◽

International Legal System ◽

Extraterritorial Jurisdiction ◽

International Systems

Historically, public international law and private international law have been treated as two different legal systems that function more or less independently. Public international law regulates activity among human beings operating in groups called, nation-states, while private international law regulates the activities of smaller subgroups or of individuals as they interact with each other. Since the public international legal system coordinates the interaction of collective human interests through decentralized mechanisms and private international law coordinates the interaction of individual or subgroup interests primarily through centralized mechanisms, these coordinating functions are usually carried out in different forums, each appropriate to the task. The differences between the processes by which sanctions for violation of community norms are applied in the two systems and the differences in the nature of the units making up the communities that establish those norms tend to obscure the fact that both the public and the private international systems coordinate human behavior, and that thus the values that inform both systems must necessarily be the same.

RELATIONSHIP AND INTERACTION OF INTERNATIONAL PUBLIC, INTERNATIONAL PRIVATE LAW AND NATIONAL LAW

Administrative and Criminal Justice ◽

10.17770/acj.v3i88.4419 ◽

2019 ◽

Vol 3 (88) ◽

pp. 108

Author(s):

Aleksandrs Baikovs ◽

Ilona Bulgakova

Keyword(s):

International Law ◽

Theoretical Research ◽

Axiomatic Method ◽

Private Law ◽

Public And Private ◽

Analysis And Synthesis ◽

The Relationship ◽

Research Analysis

The purpose of this paper is to analyze the interplay between international public and private law and national law, and to provide an assessment of the theory of public and private law and its interrelationship.Private international law is closely linked to public international law. However, if public international law is an autonomous system of law, then private international law is an integral part of national law, since it governs cross-border private law relations.The objectives of the study stem from its purpose, namely:to clarify the nature and understanding of international public and private law; to clarify the relationship between international public and private law and national (internal) law. The object of the research is the problems of the relation and interrelation of international public and private law.As a result of the study, several conclusions were drawn, which are as follows: 1) public international law is an independent legal system, but private international law is an integral part of national law; 2) there is a relationship between public international law and private international law; 3) general theoretical categories and concepts are partly incompatible with the nature of both international public and private international law; 4) the value, validity, and credibility of contemporary theoretical research in international law largely depends on the inclusion of relevant categories andThe following methods have been used in the research: analysis and synthesis, induction and deduction, abstracting, generalization, analogy, idealization, formalization, axiomatic method, systematic and historical research.

Andreas (Andy) Lowenfeld (1930–2014)

10.5305/amerjintelaw.109.1.0058 ◽

2015 ◽

Vol 109 (1) ◽

pp. 58-67

Author(s):

Keyword(s):

International Economic ◽

New York ◽

New York City ◽

International Law ◽

The United States ◽

Public And Private ◽

Procedural Law ◽

International Economic Law

Andy Lowenfeld, a member of the Board of Editors of this journal from 1978 to 1995, and an honorary editor thereafter, died on June 9, 2014, a few days after his eighty-fourth birthday, in New York City.Everyone who knew him, as friend, or colleague, or student, or client, wondered at his sparkling intellect, infectious humor, imagination, and boundless curiosity. He always questioned. He never took anything for granted. He was no narrow specialist. His interests included aviation law, international economic law, private international law, public international law, and procedural law. More than any other author or practitioner in the United States, he decried “the unconvincing separation between public and private international law” and practiced what he preached.

Responsibility of States for Damages Caused in their Territory to the Person or Property of Foreigners

10.2307/2189682 ◽

1930 ◽

Vol 24 (3) ◽

pp. 500-516 ◽

Cited By ~ 4

Author(s):

Green H. Hackworth

Keyword(s):

International Law ◽

League Of Nations ◽

The Body ◽

Western Hemisphere ◽

Public And Private ◽

Conflict Of Laws ◽

International Private Law ◽

The Hague

From time to time since the middle of the nineteenth century various efforts have been made to codify international law. Most of these have dealt with administrative and international private law (the conflict of laws) and more particularly with the laws of war and neutrality. Some of these efforts, particularly those of jurists of the Western Hemisphere, have, included in their scope the whole field of public and private international law. It was, however, left for the League of Nations to launch upon a world-wide effort to place in code form those rules which are regarded as the body of law on three important subjects of public international law. These efforts culminated in the Codification Conference held at The Hague from March 13 to April 12, inclusive, 1930. The three subjects before that Conference were Nationality, Territorial Waters, and Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners.

Extraterritoriality in Private International Law

Actual Problems of Russian Law ◽

10.17803/1994-1471.2021.126.5.183-194 ◽

2021 ◽

Vol 16 (5) ◽

pp. 183-194

Author(s):

L. V. Terenteva

Keyword(s):

Law Enforcement ◽

International Law ◽

Private Law ◽

Public And Private ◽

Cross Border ◽

Foreign State ◽

Extraterritorial Jurisdiction ◽

Definition Of

The paper questions the extraterritorial nature of foreign private law applied by the national law enforcement body in the regulation of cross-border private law relations. In view of the use of common terms “exterritorial” and “extraterritorial” in the framework of international public and private law regulation, it seems necessary to study the extraterritorial effect of foreign private law provisions through the prism of the substantive characteristics of extraterritoriality, formulated in the context of public international law. To this end, the author refers to the definition of extraterritorial jurisdiction as an international legal category and raises the question of how appropriate it is to admit, within the framework of a single definition, “extraterritorial” both the presence and absence of the manifestation of the sovereign will of the state on the territory of which any of the types of jurisdiction of a foreign state is exercised. Taking into account that the manifestation of the extraterritorial jurisdiction of one state in relation to another is realized in the absence of the latter’s sanction for its implementation, the author debates the admissibility of designation as extraterritorial foreign private law, the admissibility and limits of application of which are sanctioned by the national state.

The Gradual and Progressive Codification of International Law

10.2307/2189168 ◽

1927 ◽

Vol 21 (3) ◽

pp. 417-450 ◽

Cited By ~ 1

Author(s):

James Brown Scott

Keyword(s):

International Law ◽

Present Article ◽

Foreign Affairs ◽

International Commission ◽

American Institute ◽

Public And Private ◽

Short Space ◽

The City

On Monday evening, April 18, 1927, his Excellency Octavio Mangabeira, Minister of Foreign Affairs of Brazil, formally opened the International Commission of American Jurists for the Codification of International Law, Public and Private, in the city of Rio de Janeiro, in the Monroe Palace, in the presence of the official representatives of seventeen of the twenty-one American Republics, having before them, as the bases of their labors,the projects of public and private international law drafted by the American Institute of International Law. On Friday afternoon, May 20, 1927, he formally adjourned the International Commission of American Jurists, which had to its credit twelve projects of public international law, and a code of private international law of no less than 439 articles, which the Commission had, within the short space of five weeks, put into shape primarily from the projects of the American Institute of International Law. It is the purpose of the present article to show how this Commission, the first official body which successfully and consciously endeavored to codify the two branches of international law, accomplished the purpose for which it had been created and assembled.

The Private History of International Law

International and Comparative Law Quarterly ◽

10.1093/iclq/lei066 ◽

2006 ◽

Vol 55 (1) ◽

pp. 1-50 ◽

Cited By ~ 11

Author(s):

Alex Mills

Keyword(s):

International Law ◽

Public And Private ◽

History Of ◽

History Of International Law ◽

Domestic Law

The purpose of this article is to address two related false assumptions, or myths. The first is an assumption of public international law. It is the myth that the history of international law is one of progressive expansion, of increasing concern in public international law with matters traditionally considered private or internal to States, and that this expansion is a relatively recent phenomenon.1 The second is an assumption of private international law. It is the myth that private international law is not actually international, as it is essentially and necessarily a part of the domestic law of States.2 These assumptions, taken together, constitute the myth that public and private international law are discrete, distinct disciplines, with independent, parallel histories. This article addresses these myths through an analysis of the role played by international law theory in the history of private international law.

Public and Private International Law from the Perspective of Jewish Law

The Oxford Handbook of Judaism and Economics ◽

10.1093/oxfordhb/9780195398625.013.0019 ◽

2010 ◽

pp. 362-387

Author(s):

Michael J. Broyde

Keyword(s):

International Law ◽

Jewish Tradition ◽

Jewish Law ◽

International Treaties ◽

Public And Private ◽

Municipal Law ◽

Technical Issues ◽

Communal Norms

This article focuses on public and private international law from the perspective of Jewish law. When one speaks about international law from the perspective of the Jewish tradition, it is not enough to consider the community now forming and the international treaties that are now developing; it is necessary instead to ponder the procedural and substantive safeguards that need to be put in place to protect the rights of people to be different and unique. International law has the potential to eliminate regional diversity and culture. It could compel adherence to communal norms that have never fit particular regions, religions, or geographical units. This article explores two basic Jewish law questions that reflect on the technical issues related to the applicability of international law proposals within Halakhah. The first question asks how Jewish law views public international law and the second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law, and if this classical paradigm of integration assists in formulating a Jewish law view of world law.

1. The history and nature of international law

International Law ◽

10.1093/he/9780198748830.003.0001 ◽

2019 ◽

pp. 3-30

Author(s):

Gleider Hernández

Keyword(s):

International Law ◽

Legal Framework ◽

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.

60 YEARS OF LEGAL SCHOLARSHIP IN THE INTERNATIONAL AND COMPARATIVE LAW QUARTERLY

International and Comparative Law Quarterly ◽

10.1017/s0020589311000753 ◽

2012 ◽

Vol 61 (1) ◽

pp. 1-26 ◽

Cited By ~ 2

Author(s):

CATHERINE REDGWELL

Keyword(s):

International Law ◽

Comparative Law ◽

Eu Law ◽

Human Rights Law ◽

Legal Scholarship ◽

British Institute ◽

Made In

This issue of the Quarterly marks 60 years of its publication, since 1958 under the auspices of the British Institute of International and Comparative Law. To mark the occasion the editorial board has taken the opportunity to reflect on the contribution the Quarterly has made in the key areas of legal scholarship represented in its pages (and accordingly in the composition of the editorial board), namely, public international law, private international law, comparative law, EU law and human rights law.