scholarly journals Private International Law as an Ethic of Responsivity

2019 ◽  
pp. 11-28
Author(s):  
Ralf Michaels
Keyword(s):  
International Law ◽  
Private International Law ◽  
Existential Crisis ◽  
Firm Response ◽  
The World ◽  
Technical Character ◽  
Crisis Of Modernity

The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest—the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of law? My claim in this chapter: not despite, because of its technical character. Private international law provides such an ethic, an ethic of responsivity. It provides us with a technique of ethics, a technique that helps us conceptualise and address some of the most pressing issues of our time. It is not only ethically relevant, it is itself an ethic.

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.

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.

The Application of Soviet Laws and the Exception of Public Order

1927 ◽  
Vol 21 (2) ◽  
pp. 238-256 ◽  
Author(s):  
Max Habicht
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Public Order ◽  
Private International Law ◽  
World War ◽  
The World ◽  
Uniform Solution ◽  
The Law

One of the most controversial rules of private international law is the exception of public order, the rule not to enforce foreign laws which are contrary to the fundamental conceptions of the law of the state having jurisdiction. There is no country in which this exception has not played an important rôle in the refusal to enforce foreign laws, and numerous writers have discussed the importance and difficulties of the exception of public order. Its problems had been thoroughly studied before the World War by many authorities on private international law, among others by Bustamante, Fiore, Kahn, Klein and Pillet, without a uniform solution having been reached. When, after the war, the states began to reestablish their international relations, the exception of public order began anew to play its rôle in the courts the world over, and to put the same difficulties before the judges dealing with cases of conflict between domestic and foreign laws.

scholarly journals Challenge and Opportunity: the ALI/III Global Principles Project

2017 ◽  
Vol 11 (1) ◽  
pp. 1
Author(s):  
IF Fletcher
Keyword(s):  
International Law ◽  
South African ◽  
International Project ◽  
Current Debate ◽  
Private International Law ◽  
Insolvency Law ◽  
Cross Border ◽  
The World ◽  
American Law ◽  
Global Principles

This article deals with an international project to establish the extent to which it is feasible to achieve a worldwide acceptance of the Principles of Cooperation among the NAFTA Countries together with the Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases. This contribution explains the process whereby the American Law Institute and the International Insolvency Institute (1) developed principles of cooperation with regard to cross-border insolvency; (2) established acceptance of these principles in jurisdictions across the world, subject to any necessary local modifications; and (3) obtained the endorsement of leading domestic associations, courts, and other groups in those jurisdictions. This article may contribute to the development the South African cross-border insolvency law. The inclusion of the challenges of harmonisation of private international law is also contributing to current debate.

The Expanding Role of the Supreme Court of Canada in International Law Issues

1997 ◽  
Vol 34 ◽  
pp. 89-102 ◽  
Author(s):  
Gérard V. La Forest
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Legal Issues ◽  
Supreme Court Of Canada ◽  
Private International Law ◽  
Public And Private ◽  
National Courts ◽  
The Supreme Court ◽  
The World

SummaryThe rapid globalization that marks our era has resulted in increasing demands for the legal resolution of disputes arising out of interstate activities. National courts throughout the world have been significantly affected by this development. This article describes the recent expansion of the work of the Supreme Court of Canada in relation to transnational legal issues, including issues of public and private international law, human rights, admiralty law, and issues of private law having international ramifications. It traces the Court's evolving approach to international law issues and its willingness to reformulate its principles to meet modern conditions and to foster compliance with its norms. The more cosmopolitan attitude thereby generated has worked in concert with the Court's increasing willingness to rely on comparative law techniques in assuting in the resolution of issues of a localized character.

Contingencies in the Rise of European and Latin American Private International Law, 1850 to 1950

2021 ◽  
pp. 496-514
Author(s):  
Ana Delic
Keyword(s):  
Latin America ◽  
International Law ◽  
Latin American ◽  
Political Influence ◽  
Private International Law ◽  
The World ◽  
Late Nineteenth ◽  
Personal Law ◽  
Historical Past ◽  
Legal Harmonisation

There were eight Latin American and European calls for the formation of multilateral private international law from the late nineteenth to the early twentieth century. These calls are the birth of the multilateral tradition of private international law. This chapter will examine the contingencies behind the successes and failures of these eight attempts for multilateral codification. Among those impactful contingencies making their mark on the private international legal histories of Europe and Latin America are voluntarism, political influence exerted by the convenor, the international relations between the convening, invited, or participatory nations, the drafting procedure and the level of private international legal harmonisation among national legal systems. Then there were more regionally specific contingencies such as a European cholera outbreak as opposed to colonial trauma and post-independence solidarity amongst Latin American nations. The central doctrinal debate in both the Latin American and European multilateral private international legal movements surrounded personal law, specifically, the clash between nationality and domicile. Doctrinal preferences, like multilateral movements, were littered with contingencies related to whether the nation in question was an immigrant or emigrant country, whether it had been the coloniser or the colonised in the recent historical past, and the impacts of the World Wars.

Universal, Regional, National – Ways of the Development of Private International Law in 21st Century

2019 ◽  
Keyword(s):  
International Law ◽  
21St Century ◽  
Private International Law ◽  
The World ◽  
International Laws

Need of private international law arises because the internal laws of different countries differ from each other. If the internal laws of the countries of the world lay down uniform rules, then probably there will not be any need for private international law. But then, difference is not only in the internal laws of the different countries, but also in the private international laws of different countries, on account of which sometimes conflicting decisions are pronounced by the courts of different countries on the same matter. Thus, need for Unification of Private International law Rules arise.

Public Theology and Global Governance: Weak Actors in Lawmaking for the World Economy

2020 ◽  
Vol 14 (4) ◽  
pp. 415-437
Author(s):  
Terence C. Halliday
Keyword(s):  
Financial Markets ◽  
International Law ◽  
Global Economy ◽  
Middle Level ◽  
Christian Theology ◽  
Public Theology ◽  
Private International Law ◽  
Social Scientists ◽  
The World ◽  
Global Law

Abstract The world confronts an enormous range of challenges in the global economy. A far-reaching enterprise has arisen to meet these challenges by producing laws and regulations to shape and protect global commercial and financial markets. This article considers how a Christian theology can guide the highly consequential processes of creating law for world commerce. First, from the perspective of the sociology of globalization, law and markets, the article describes findings from current research on who makes global law and how they make that law in the United Nations’ principal body for the creation of private international law. Second, the article proposes that public theology offers Christian theological principles and middle level axioms to deepen and extend the dimensionality of global lawmaking, thereby offering ethical guidance for prospective global lawmaking. It sharpens focus by appraising the participation and creativity of weak actors in global lawmaking. Third, the article turns to praxis for weak actors in global lawmaking and concludes with considerations that may foster mutually productive dialog between social scientists and public theologians of the global.

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