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

1930 ◽  
Vol 24 (3) ◽  
pp. 500-516 ◽  
Author(s):  
Green H. Hackworth
Keyword(s):  
International Law ◽  
League Of Nations ◽  
The Body ◽  
Western Hemisphere ◽  
Private International Law ◽  
Public And Private ◽  
Conflict Of Laws ◽  
Public International Law ◽  
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.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 63 Paraguay: Paraguayan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Rodríguez José Antonio Moreno
Keyword(s):  
Latin America ◽  
Member State ◽  
International Law ◽  
International Institute ◽  
Private International Law ◽  
State Law ◽  
Conflict Of Laws ◽  
Commercial Code ◽  
The World ◽  
The Hague

This chapter highlights Paraguayan perspectives on the Hague Principles. Paraguay does not have a law dealing comprehensively and organically with Private International Law. The Civil and Commercial Code of 1987 contains the basic regulation on conflict of laws, and other provisions on the field can be found scattered in several special laws dealing with specific matters. Paraguay adhered, as a Member State, to the Hague Conference on Private International Law via Law 2555 of 2005. It is the first country in the world to legislate on international contracts heavily influenced by the Hague Principles. The Paraguayan law on international contracts drawn upon the Hague Principles openly allows the application of non-State law, and the International Institute for the Unification of Private Law (UNIDROIT) Principles clearly qualify as such.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 34 Qatar: Qatari Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Elrifai Silke Noa
Keyword(s):  
International Law ◽  
Civil Code ◽  
Private International Law ◽  
Federal Law ◽  
Conflict Of Laws ◽  
Law System ◽  
Financial Centre ◽  
The Hague ◽  
Legal Frameworks

This chapter addresses Qatari perspectives on the Hague Principles. The State of Qatar has two legal frameworks: the onshore civil law system and the offshore common law-based the Qatar Financial Centre, established in 2005 and not covered in this chapter. In onshore Qatar, private international law is codified in Articles 10–38 of Subchapter 3 (conflict of laws in space) of Chapter 1 of the Qatar Civil Code (Federal Law No 22 of 2004). In comparison to its European counterparts, the Qatari private international law codification contains significant gaps. Though only promulgated in 2004, Articles 10–38 are near copies of the conflict of law rules contained in the Egyptian Civil Code of 1949, with a few differences. In accordance with Article 34 Civil Code, ‘the [general] principles of private international law’ shall apply in the case of a conflict of laws absent any statutory provision. The provision opens the doors for Qatari courts to refer to the Hague Principles.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 15 Mauritius: Mauritian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Cupido Robin
Keyword(s):  
International Law ◽  
Future Development ◽  
Civil Code ◽  
Law Reform ◽  
Private International Law ◽  
Commercial Law ◽  
Conflict Of Laws ◽  
The Past ◽  
The Status ◽  
The Hague

This chapter discusses Mauritian perspectives on the Hague Principles. The Code Civile Mauricien (Mauritian Civil Code) governs most private and commercial law matters and is thus one of the main sources of Mauritian law. Another main source is the Constitution of Mauritius 1968. It is important to note that there is no constitutional imperative for courts to consider international law when interpreting legislation, which could be a contributing factor to the lack of development of a cohesive private international law regime in Mauritius. The Law Reform Commission of Mauritius has thus been reviewing the status of private international law in Mauritius over the past five years and has issued several reports and studies on the matter. The chapter then investigates the extent to which Mauritian private international law already reflects the content of the Hague Principles and how this set of principles could influence the future development of the conflict of laws in Mauritius.

Hague Conventions on Private International Law

2019 ◽  
pp. 239-272
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Active Member ◽  
Private International Law ◽  
Conflict Of Laws ◽  
World Community ◽  
Child Abduction ◽  
The World ◽  
The Hague ◽  
The Law

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.

Hague Academy of International Law 1968 Sessions

1968 ◽  
Vol 62 (1) ◽  
pp. 145-146
Author(s):  
E. H. F.
Keyword(s):  
International Law ◽  
Foreign Exchange ◽  
University Of California ◽  
Private International Law ◽  
Public International Law ◽  
Corporate Groups ◽  
Intergovernmental Cooperation ◽  
The Hague ◽  
The University

The Hague Academy of International Law will hold its 1968 session from July 8 to August 15, 1968. The first period of lectures from July 8 to 25 will consist of the following : general course on private international law, by Professor A. A. Ehrenzweig of the University of California; law of torts in private international law, by Professor O. Kahn-Freund of Brasenose College, Oxford; international contracts in Swiss private international law, by Dr. A. F. Schnitzer of the University of Geneva Faculty of Law; trade and finance in international law, by Professor J. E. Fawcett of All Souls College, Oxford; public international law influences on conflicts of law rules on corporations, by Professor I. Seidl-Hohenveldern of the University of Cologne; juridical aspects of intergovernmental cooperation in the field of foreign exchange and international payments, by Professor M. Giuliano of the University of Milan ; multinational corporate groups, by Mr. Homer G. Angelo, visiting Professor of Law, University of California; general features of the codification of private international law in Czechoslovakia, by Professor R. Bistricky of the Carolinum University, Prague.

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

1982 ◽  
Vol 76 (2) ◽  
pp. 280-320 ◽  
Author(s):  
Harold G. Maier
Keyword(s):  
International Law ◽  
Private International Law ◽  
Human Beings ◽  
Public And Private ◽  
Public International Law ◽  
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.

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

2019 ◽  
Vol 3 (88) ◽  
pp. 108
Author(s):  
Aleksandrs Baikovs ◽  
Ilona Bulgakova
Keyword(s):  
International Law ◽  
Theoretical Research ◽  
Axiomatic Method ◽  
Private Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
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.

The Product Liability Directive and Rome II Article 5: ‘Full Harmonisation’ and the Conflict of Laws

2011 ◽  
Vol 13 ◽  
pp. 435-461
Author(s):  
Simon Whittaker
Keyword(s):  
International Law ◽  
Product Liability ◽  
Private International Law ◽  
Public And Private ◽  
Conflict Of Laws ◽  
Full Harmonisation ◽  
Contractual Obligations ◽  
Law And Legislation ◽  
Substantive Law ◽  
Article 5

AbstractThis article considers the possible relationship between EU legislation governing private international law and legislation governing substantive law in the light of recent moves towards ‘full harmonisation’ and calls for greater consistency and coherence in European law-making. For this purpose, it considers the Product Liability Directive and the special product liability provisions in Article 5 of the Rome II Regulation on the law applicable to non-contractual obligations and asks how the understanding of ‘product liability’ compares in these two instruments, especially in relation to the distinctions between public and private law, general and special regulation and contract and tort.

Andreas (Andy) Lowenfeld (1930–2014)

2015 ◽  
Vol 109 (1) ◽  
pp. 58-67
Author(s):  
Keyword(s):  
International Economic ◽  
New York ◽  
New York City ◽  
International Law ◽  
The United States ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
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.

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