A Preliminary History of Korean Private International Law

2018 ◽  
Vol 24 (2) ◽  
pp. 241-301
Author(s):  
Jong Hyeok Lee
Keyword(s):  
International Law ◽  
Private International Law ◽  
History Of

Solving the Internet Jurisdiction Puzzle

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Cyber Security ◽  
Data Privacy ◽  
Modern World ◽  
The Internet ◽  
Private International Law ◽  
Reform Initiatives ◽  
Legal Principles ◽  
Privacy Law ◽  
History Of

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, Cyber security, intellectual property, freedom of speech, and Cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction––for both private international law and public international law––based on sixteen years of research dedicated specifically to the topic. The book demonstrates that our current paradigm remains attached to a territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction. He also proposes several other reform initiatives such as the concept of ‘investigative jurisdiction’ and an approach to geo-blocking, aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how properly to understand and work with rules of Internet jurisdiction. While Solving the Internet Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework.

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.

scholarly journals Report from the conference ”Application of the Succession Regulation in the EU Member States”, Katowice 12 September 2019

2020 ◽  
Vol 26 ◽  
pp. 241-252
Author(s):  
Krzysztof Pacuła
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
International Conference ◽  
Eu Member States ◽  
European Area ◽  
History Of ◽  
Recognition And Enforcement ◽  
The University ◽  
The Eu

On 12 September 2019, the premises of the Faculty of Law and Administration of the University of Silesia in Katowice (Poland) witnessed one of such events, which will arguably go down in history of private international law in Poland. On that day, the University hosted an international conference on the Regulation (EU) No 650/2012 of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (“the Succession Regulation”), and on the various issues relating to the succession matters within the European area of freedom, security and justice.

Islamic Law in Western Europe

2015 ◽  
pp. 724-750
Author(s):  
Mathias Rohe
Keyword(s):  
International Law ◽  
Alternative Dispute Resolution ◽  
Western Europe ◽  
Islamic Law ◽  
Religious Practice ◽  
Legal Aspects ◽  
Private International Law ◽  
The Third ◽  
History Of ◽  
Substantive Law

This article is divided into three parts. The first part provides a short overview of the history of Islamic law in Western Europe. The second part explains in some detail the different legal levels for the application of Islamic law in Western Europe (private international law; optional substantive law; implementation of Islamic norms; alternative dispute resolution), and describes the scope and limits of such application. The third part contains a brief introduction to the legal aspects of Islamic religious practice in the region, followed by a description of contemporary trends regarding the interpretation and handling of shari‘a norms among Muslims in Western Europe.

Inter-State Arbitration

2020 ◽  
pp. 215-232
Author(s):  
V. V. Veeder
Keyword(s):  
New York ◽  
International Law ◽  
Recent History ◽  
Private International Law ◽  
Public And Private ◽  
Party Autonomy ◽  
Binding Force ◽  
History Of ◽  
Inter State

This chapter explores inter-state arbitration, which is largely influenced by two different traditions, drawn from diplomacy and commerce under public and private international law respectively. The recent history of state–state and also, in part, of investor–state arbitration is the history of the Permanent Court of Arbitration (PCA). As intended by the two Hague Conferences more than a century ago, arbitrations under treaties are still marked by the necessity for the parties’ consent, including a state’s limitation as to the categories of dispute referable to arbitration; a neutral appointing or administering authority; a settled procedure subject to party autonomy; the parties’ involvement in the appointment of the tribunal; and the absence of any appeal from an award for an error of law or fact. For inter-state arbitration and (notwithstanding the ICSID and New York Conventions) investor–state arbitration also, the recognition of the award by the losing party is usually made voluntarily. It is the parties’ arbitration, the award is the product of their consent and, accordingly, the award has a moral binding force for the parties often absent from non-consensual mechanisms.

Nineteenth Century Perspectives on Private International Law

2018 ◽  
Author(s):  
Roxana Banu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Intellectual History ◽  
Global Justice ◽  
Theoretical Perspective ◽  
Private International Law ◽  
Public And Private ◽  
Analytical Foundation ◽  
History Of ◽  
The Individual

This book seeks to demonstrate that contrary to conventional histories of the discipline, various nineteenth-century writings on Private International Law (PrIL), which focused on the individual, rather than the state, adopted an account of the individual as social and relationally constituted. The book dispels two common assumptions about the nineteenth-century intellectual history of the field: first all individual- and private-law-centered perspectives were overly liberal and individualistic; and second, the association between public and private international law enabled the latter to focus on global public goods and global justice generally. By contrast, the book shows that while many nineteenth-century theories focused on the relationship between public and private international law injected much of the formalism and alleged neutrality of today’s private international law, several individual-centered perspectives adopted a relational, rather than individualistic image of the individual. By recovering academic debates in private international law between the mid-nineteenth to the mid-twentieth century, the book traces how this “relational internationalist” perspective was misunderstood and eventually disappeared from the memory of the field. Through a detailed analysis of the writings of the three main protagonists of the “relational internationalist” perspective, namely Joseph Story, Carl von Savigny, and Josephus Jitta, the book recovers the analytical foundation of this theoretical perspective with respect to rights, legitimate authority, and the cosmopolitan dimensions of private international law.

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