Attempts to prevent clashes between public and private international law

2010 ◽  
pp. 327-338
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private

Jurisprudence and Jurists’ Prudence: The Iranian-Forum Clause Decisions of the Iran-U.S. Claims Tribunal

1984 ◽  
Vol 78 (1) ◽  
pp. 1-52 ◽  
Author(s):  
Ted L. Stein
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
The Future ◽  
Effective System ◽  
Contractual Obligations ◽  
Contractual Choice ◽  
The Relationship

On November 5, 1982, the Iran-U.S. Claims Tribunal decided a series of nine cases presenting issues of the greatest significance for the future course of that Tribunal’s work. The issue for decision in each case was the effect of a contractual choice-of-forum clause on the Tribunal’s own jurisdiction, an issue likely to arise in a great many cases. Squarely presented were issues pertaining to the relationship between public and private international law, the content of a state’s obligation under international law to maintain an adequate and effective system of local remedies, and the scope of “changed circumstances” as a ground for release from contractual obligations.

Identity in Postgenomic Times: Epigenetic Knowledge and the Pursuit of Biological Origins

2022 ◽  
pp. 016224392110691
Author(s):  
Sonja van Wichelen
Keyword(s):  
International Law ◽  
Assisted Reproduction ◽  
Genetic Knowledge ◽  
Private International Law ◽  
Public And Private ◽  
Donor Conception ◽  
Legal Contexts ◽  
The Right ◽  
Gestational Surrogacy

As genetic knowledge continues to strengthen notions of identity in Euro-American societies and beyond, epigenetic knowledge is intervening in these legitimation frameworks. I explore these interventions in the realm of assisted reproduction—including adoption, donor conception, and gestational surrogacy. The right to identity is protected legally in many states and receives due attention in public and private international law. Originating from the context of adoption, donor-conceived and surrogacy-born persons have recently demanded the same protections and focused on the right to genetic knowledge. This article explores possible implications of epigenetic knowledge on identity. I start by articulating the deep influence of genetics on the notion of identity, and how this unfolds in legal contexts. Next, I examine how epigenetic findings that stress the importance of seeing biological life as situated and embedded in environments can challenge how adoption, donor conception, and gestational surrogacy are experienced and understood. While I argue that epigenetic knowledge can reify identity with the same determinism underpinning genetics, it can also allow for more biosocial understandings of identity that consider history and experience as entangled with biology.

Mosul Four and Iran Six

2018 ◽  
pp. 284-293
Author(s):  
Alex Mills
Keyword(s):  
Public Policy ◽  
International Law ◽  
Security Council ◽  
Private International Law ◽  
Commercial Aircraft ◽  
Public And Private ◽  
State Immunity ◽  
House Of Lords ◽  
Un Security Council ◽  
History Of

This chapter explores the practical entanglement of questions of public and private international law through an examination of the history of ten commercial aircraft belonging to Kuwait Airways Corporation. The aircraft were seized by Iraq after the unlawful 1990 invasion of Kuwait, flown to Baghdad, and handed over to Iraqi Airways. Proceedings seeking return of the aircraft and damages were commenced by Kuwait Airways against Iraqi Airways in the English courts, a further saga which led to more than thirty reported cases, including a remarkable five decisions of the House of Lords. The dispute raised a range of issues, including questions of jurisdiction, state immunity, and perhaps most significantly the potential for public international law to be given effect through domestic private law proceedings, in this case as a source of public policy denying effect to acts of Iraqi law which were contrary to UN Security Council resolutions.

The Integrated Approach to Private and Public International Law—A Distinctive Feature of Italian Legal Thinking

2020 ◽  
pp. 262-282
Author(s):  
Pietro Franzina
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Distinctive Feature ◽  
Integrated Approach ◽  
Major Influence ◽  
Private International Law ◽  
Public And Private ◽  
Origin And Evolution ◽  
Private And Public ◽  
Legal Thinking

International law scholarship has traditionally been understood in Italy as encompassing the study of both public and private international law. The two subjects are still considered jointly for recruitment purposes and are mostly taught by the same professors. Pasquale Stanislao Mancini, who regarded nationality as a foundation of both disciplines, had a major influence on the popularization of this approach in the mid-nineteenth century. The advent of positivism, a few decades later, entailed a general rejection of Mancini’s views but did not challenge the integrated approach to the different branches of international law. Rather, the positivist turns triggered a renewed reflection on the ties between the two subjects. The study of international law, some argued, should cover, alongside international rules, such municipal rules as deal with international matters. The chapter outlines the origin and evolution of the Italian integrated approach to international law and its perception by today’s scholars, in Italy and abroad.

scholarly journals The Internet in Light of Traditional Public and Private International Law Principles and Rules Applied in Canada

2002 ◽  
Vol 39 ◽  
pp. 3-67 ◽  
Author(s):  
J.-G. Castel
Keyword(s):  
International Law ◽  
The Internet ◽  
Private International Law ◽  
Public And Private ◽  
International Context ◽  
International Convention ◽  
The Common ◽  
Use Of The Internet ◽  
Personal Jurisdiction ◽  
Conflicts Of Jurisdiction

SummaryThis article addresses the problems related to the use of the Internet in Canada in an international context. Does international law allow Canada to regulate the Internet and its actors even if they are located abroad? Under the constitution, which level of government has the authority to do so? In which circumstances have the courts in Québec and in the common law provinces personal jurisdiction over persons using the Internet in an international context and which law do these courts apply? When are Canadian courts prepared to recognize and enforce foreign judgments involving the Internet and its actors? The author deals with these questions and is of the opinion that in most situations the federal Parliament has the jurisdiction to prescribe and the Canadian courts have the jurisdiction to adjudicate with respect to the Internet and its actors in an international context without violating international law. However, to avoid conflicts of jurisdiction, it would be better to adopt an international convention covering the various aspects of the Internet.

ENGLISH PUBLIC POLICY INTERNATIONALISED—AND CONVERSION CLARIFIED TOO

2002 ◽  
Vol 61 (3) ◽  
pp. 499-544
Author(s):  
Andrew Tettenborn
Keyword(s):  
Public Policy ◽  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
High Profile

Apart from the more high-profile questions of public and private international law noted above, Kuwait Airways also raised some nice issues about the often enigmatic English tort of conversion.

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