scholarly journals Restitution of stolen cultural properties: Lessons and challenges from recent Korean cases

Pravovedenie ◽  
2020 ◽  
Vol 64 (1) ◽  
pp. 164-175
Author(s):  
Gyooho Lee ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Lessons Learned ◽  
Cultural Property ◽  
Private International Law ◽  
Colonial Era ◽  
Korean Government ◽  
Cultural Properties ◽  
The Korean War ◽  
The Republic

The Republic of Korea adopted the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property on 14 February, 1983. The Convention has some disadvantages in that its scope does not cover the cultural properties stolen from Korean territory during the Japanese colonial era, which lasted from 1910 to 1945, and the Korean War from 1950 to 1953 because it cannot be retroactively applied to cultural properties stolen during these years, and it falls within the field of public international law. Hence, in order for the Korean government and the legal community to seek more effective methods of restitution of cultural properties stolen during these periods, alternative legal tools need to be discussed. Some good examples include the donation or purchase of stolen cultural property, arbitration of disputes over the restitution of cultural property, bilateral international instruments concerning the restitution of cultural property, and the restitution of stolen cultural property though the application of foreign domestic public law or private international law. In particular, the main focus of this article is on the restitution of stolen cultural property though foreign domestic public law or private international law. At the beginning of the article, it is illustrated where overseas Korean cultural properties are located. The article then delves into why the focus is on the restitution of stolen cultural property though the application of foreign domestic public law or private international law. Three examples are discussed based on these scenarios. The article concludes by looking at the lessons learned from these cases and the challenges that the Korean government and legal community are likely to face.

Internet Jurisdiction Law and Practice

2021 ◽  
Author(s):  
Julia Hörnle
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Data Protection ◽  
Hate Speech ◽  
Public Law ◽  
The Internet ◽  
Private Law ◽  
Private International Law ◽  
Online Data ◽  
Media Regulation

Jurisdiction is the foundational concept for both national laws and international law as it provides the link between the sovereign government and its territory, and ultimately its people. The internet challenges this concept at its root: data travels across the internet without respecting political borders or territory. This book is about this Jurisdictional Challenge created by internet technologies. The Jurisdictional Challenge arises as civil disputes, criminal cases, and regulatory action span different countries, rising questions as to the international competence of courts, law enforcement, and regulators. From a technological standpoint, geography is largely irrelevant for online data flows and this raises the question of who governs “YouTubistan.” Services, communication, and interaction occur online between persons who may be located in different countries. Data is stored and processed online in data centres remote from the actual user, with cloud computing provided as a utility. Illegal acts such as hacking, identity theft and fraud, cyberespionage, propagation of terrorist propaganda, hate speech, defamation, revenge porn, and illegal marketplaces (such as Silkroad) may all be remotely targeted at a country, or simply create effects in many countries. Software applications (“apps”) developed by a software developer in one country are seamlessly downloaded by users on their mobile devices worldwide, without regard to applicable consumer protection, data protection, intellectual property, or media law. Therefore, the internet has created multi-facetted and complex challenges for the concept of jurisdiction and conflicts of law. Traditionally, jurisdiction in private law and jurisdiction in public law have belonged to different areas of law, namely private international law and (public) international law. The unique feature of this book is that it explores the notion of jurisdiction in different branches of “the” law. It analyses legislation and jurisprudence to extract how the concept of jurisdiction is applied in internet cases, taking a comparative law approach, focusing on EU, English, German, and US law. This synthesis and comparison of approaches across the board has produced new insights on how we should tackle the Jurisdictional Challenge. The first three chapters explain the Jurisdictional Challenge created by the internet and place this in the context of technology, sovereignty, territory, and media regulation. The following four chapters focus on public law aspects, namely criminal law and data protection jurisdiction. The next five chapters are about private law disputes, including cross-border B2C e-commerce, online privacy and defamation disputes, and internet intellectual property disputes. The final chapter harnesses the insights from the different areas of law examined.

The Key Role of Judges in the Development of Private International Law: Lessons Learned from the Work of the Hague Conference on Private International Law

2019 ◽  
pp. 295-309
Author(s):  
Ignacio Goicoechea ◽  
Hans van Loon
Keyword(s):  
International Law ◽  
Latin American ◽  
Lessons Learned ◽  
Legal Issues ◽  
Private International Law ◽  
Child Abduction ◽  
Working Cycle ◽  
The Hague ◽  
Changing Role

The article discusses the role of judges in the development of private international law (PIL). It highlights the changing role of judges in the context of contemporary globalization, and argues that as a result of the expansion of their international duties, judges, in a way that is analogous to the working cycle of the Hague Conference on Private International Law, also have a role in identifying legal issues that must be addressed by PIL, developing tools to address those issues, ensuring the implementation and operation of these tools, and assessing their effectiveness. The article also highlights the contribution of judges to the development of Hague Conventions, and describes the very important role of Latin American judges in the development of special devices to promote the implementation, operation and assessment of the 1980 Hague Child Abduction Convention in Latin America.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 17 South Africa: South African Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Neels Jan L
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Comparative Approach ◽  
Private International Law ◽  
Rules And Principles ◽  
The Hague ◽  
The Republic ◽  
Contractual Obligations ◽  
Academic Authors

This chapter provides the reader with comments on the Hague Principles from the perspective of South African private international law of contract.Private international law in the Republic of South Africa is historically based on Roman–Dutch and English law, but is today influenced by domestic constitutional values, especially in the fields of international family and succession law. In the realm of the international law of obligations, the impact of the English common law is particularly strong. The notion of ‘the proper law of the contract’ is therefore widely used to indicate the law applicable to contractual obligations. The sources of private international law of contract are almost exclusively case law and the opinions of academic authors. The South African courts have always followed a comparative approach in respect of private international law, initially under the influence of an internationalist understanding of the conflict of laws. The courts would therefore certainly be entitled to refer to the Hague Principles as persuasive authority in the interpretation, supplementation, and development of the rules and principles of South African private international law.

PRIVATE COMMERCIAL LAW CONVENTIONS AND PUBLIC AND PRIVATE INTERNATIONAL LAW: THE RADICAL APPROACH OF THE CAPE TOWN CONVENTION 2001 AND ITS PROTOCOLS

2016 ◽  
Vol 65 (3) ◽  
pp. 523-540 ◽  
Author(s):  
Roy Goode
Keyword(s):  
International Law ◽  
Public Law ◽  
Vienna Convention ◽  
Private Law ◽  
Private International Law ◽  
Commercial Law ◽  
Public And Private ◽  
Conflict Of Laws ◽  
Domestic Law ◽  
Radical Approach

It is a remarkable circumstance that with a few honourable exceptions all writers on international law in general and treaty law in particular focus exclusively on public law treaties. Private law conventions, including those involving commercial law and the conflict of laws, simply do not come into consideration. Yet such conventions, like public law conventions, are treaties between States and are governed by the 1969 Vienna Convention on the Law of Treaties and many of them are of great significance. Their distinguishing feature is, of course, that while only States are parties, private law conventions deal primarily, and often exclusively, with the rights and obligations of non-State parties. So while the treaty is international it does not for the most part commit a Contracting State to any obligation other than that of implementing the treaty in domestic law by whatever method that State's law provides, if it has not already done so prior to ratification.

scholarly journals SOME ISSUES OF LEGAL REGULATION OF THE INSTITUTION OF SETTING THE CONTENT OF FOREIGN LAW (BASED ON UZBEKISTAN LEGISLATION)

2021 ◽  
Vol 9 (06) ◽  
pp. 263-267
Author(s):  
Shakhnoza Zholdasova ◽  
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Private International Law ◽  
Foreign Law ◽  
Procedural Code ◽  
The Republic

This article analyzes some theoretical and practical issues of setting the content of foreign law. In accordance with the analysis conducted, the author considers that further improvementof the national law of the Republic of Uzbekistan in respect of application and setting the content of foreign lawwould be expedient. In particular, the author suggests that the Civil Procedural Code of the Republic of Uzbekistan should be supplemented with relevant norms, with considerationofadoptionof the separate Law On Private International Law.

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