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.

scholarly journals PROTECTING THE SEAS AND OCEANS OF THE WORLD BY MEANS OF SANCTIONS AND OTHER MEASURES OF PUBLIC INTERNATIONAL LAW

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Daniel-Ştefan Paraschiv
Keyword(s):  
International Law ◽  
Public International Law ◽  
Psychotropic Substances ◽  
The World ◽  
International Laws ◽  
International Conventions ◽  
Illicit Traffic ◽  
High Seas

AbstractThe maritime zones recognized under international laws – are formed from the highseas, with the riches at the bottom of the oceans and seas from this perimeter – which isregulated by international conventions, whose infringement may lead to the application ofsanctions in conformity with the dispositions stipulated, or, in the lack of such dispositions, totaking other measures, such as repression or retaliation, which are considered, in the publicinternational law, as being general sanctions included in the category of countermeasures.At high seas serious acts of a criminal character are also committed, such as: piracy,illicit traffic of narcotics and psychotropic substances, etc., thus all states must cooperate inview of repressing these acts and sanctioning the culprits.

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.

scholarly journals Sensing Possibility in International Law – Concepts and Categories for the 21st Century: A Response to Fleur Johns

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 200-204
Author(s):  
Keith Culver
Keyword(s):  
Big Data ◽  
International Law ◽  
21St Century ◽  
Concepts And Categories ◽  
The World ◽  
Algorithmic Analysis ◽  
The Way

Fleur Johns raises the alarm regarding the potential for algorithmic analysis of big data to change fundamentally the way international lawyers and their allies gather and interpret facts to which international law is applied. Johns invites her readers to join her in seeking ways to save the aspirations of law on the “global plane” from these disruptive forces. In what follows I take up Johns’ invitation, in the spirit of its advancing claims “in a speculative or polemical mode,” asking the reader to withhold for a moment demands for completeness, instead joining in exploration of how the world of international law might be viewed differently if a larger version of Johns’ argument holds.

scholarly journals Developing International Law in Challenging Times

2018 ◽  
Vol 11 (3) ◽  
pp. 53
Author(s):  
Thomas Prehi Botchway ◽  
Abdul Hamid Kwarteng
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Qualitative Approach ◽  
Veto Power ◽  
Economic Diplomacy ◽  
Un Security Council ◽  
The World ◽  
International Laws ◽  
Massive Outflow ◽  
Corporate Social

The challenges confronted by the world in the 21st century are enormous; from the massive outflow of refugees, the threat of terrorism, the need for a general consensus to protect the environment, etc. There is thus the need for scholars, practitioners, and stakeholders of international law to think of effective and efficient ways of developing robust and strong international laws to deal effectively with these challenges.Using the qualitative approach to research, this paper examines some of the key challenges that confronts the development of and compliance with international law. The paper offers some new insights which have the propensity to aid in the development of and compliance with international law in these challenging times.The paper concludes that though international law has over the years expedited addressing most of the world’s challenges, the recent challenges requires modifications of some aspects of existing international laws to effectively deal with such challenges. For instance, there is the need to review the veto power of the five permanent members of the UN Security Council; there must be better interpretation of the law that prohibits the use of force, as well as the need for appropriate measures to convince states that abiding by international law is a win-win game. In addition, deploying economic diplomacy and applying the Corporate Social Responsibility Approach to Building International Law (CRASBIL) are deemed meaningful for developing international law and also achieving effective compliance.

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.

Changing balances of PIL theories in a Europeanized Private International Law

2018 ◽  
Vol 25 (5) ◽  
pp. 533-550
Author(s):  
Klea Vyshka
Keyword(s):  
Member State ◽  
International Law ◽  
Mutual Recognition ◽  
Case Law ◽  
Company Law ◽  
Private International Law ◽  
The European Union ◽  
International Laws ◽  
Methods Of Application ◽  
The Eu

This article offers a reading of the case law of the Court of Justice of the European Union (CJEU) from a private international law perspective (PIL). The developments that the CJEU thus gave start to in the field of company law, and especially in EU citizenship, invites for a reshaping of the balances between Union law and Member State private international laws, especially in the field of methods of application. This article aims to shed light into the question ‘To what extent has the EU citizenship as a connecting factor in the context of a Europeanized PIL changed the PIL traditional methods of application?’ The host Member State is obliged to recognize the duly created rights in the original Member State, with respect to the mutual recognition principle. The return of the vested rights theory as opposed to the use of the traditional conflict-of-law approach seems on its way.

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.

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