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.

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.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 8 African Principles of Commercial Private International Law: The African Principles of Commercial Private International Law and the Hague Principles

2021 ◽  
Author(s):  
Neels Jan L ◽  
Fredericks Eesa A
Keyword(s):  
International Law ◽  
Free Trade Area ◽  
Added Value ◽  
Private International Law ◽  
Trade Area ◽  
The Hague ◽  
The Law ◽  
Contractual Obligations ◽  
International Instruments ◽  
The Relationship

This chapter addresses the relationship between the African Principles of Commercial Private International Law and the Hague Principles. The envisaged African Principles are essential in the development of an African free-trade area and common market. They are intended to form a set of model laws for use by the African Union or its Member States, which are provisionally called the African Principles on the Law Applicable to International Contracts of Sale; the African Principles on the Law Applicable to International Commercial Contracts; the African Principles on the Law Applicable to Non-contractual Obligations; and the African Principles on Jurisdiction in International Civil and Commercial Cases. The Hague Principles will be the most important model for the choice of law sections of the African Principles on the Law Applicable to International Contracts of Sale and the African Principles on the Law Applicable to International Commercial Contracts. The Hague Principles, in the Preamble, indeed foresee the instrument being used as a model for regional instruments. The chapter then provides a few examples of the intended use of the Hague Principles in the African Principles, highlighting the added value of the Hague Principles as compared to the provisions in other regional, supranational, and international instruments.

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

Abstract This 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.

Sign in / Sign up

Export Citation Format

Share Document