A Logic for the Interpretation of Private International Law

University of Pennsylvania Journal of International Law, 2009

1994

This thesis presents a novel approach to part of the problem of the Incidental Question in the Conflict of Laws. Only cases where the answer to what has been called the main question depends on recognition of a foreign judgment (the so called incidental or preliminary question) are included. The problem is analysed as involving a conflict between two different types of conflicts rules i.e. choice of law rules and recognition rules. The thesis examines whether this conflict can be satisfactorily solved by a global preference for either of these rules. Whilst many writers have considered the theoretical base for the conflict of laws, none has yet specifically compared the rationales for choice of law rules and recognition rules in order to determine whether as a matter of principle one type of rule should be preferred to the other rule. This requires a fresh perspective. After rejecting the global solution, the thesis proceeds to examine how a result selecting approach might be applie...

COMMENTARIES ON PRIVATE INTERNATIONAL LAW VOL. 2, ISSUE 2, WINTER 2016 EDITOR’S NOTES We are pleased to present the second issue of Commentaries on Private International Law, the newsletter of the American Society of International Law (ASIL) Private International Law Interest Group (PILIG). As readers of the newsletter know, the name of our newsletter, Commentaries, represents a modest tribute to one of the founding fathers of modern PIL, Joseph Story, by borrowing the name of his seminal book “Commentaries on the Conflict of Laws, foreign and domestic,” and only replacing “Conflict of Laws” with “Private International Law” to better reflect the broader object of our discipline today. The primary purpose of our newsletter is to communicate news on PIL. Accordingly, the newsletter attempts to transmit information on new developments on PIL rather than provide substantive analysis, with a view to providing specific and concise raw information that our readers can then use in their daily work. These new developments on PIL may include information on new laws, rules and regulations; new judicial and arbitral decisions; new treaties and conventions; new scholarly work; new conferences; proposed new pieces of legislation; and the like.

Edinburgh University Press eBooks, 2019

International Law: Embracing Diversity." I thank Verónica Ruiz Abou-Nigm and María Blanca Noodt Taquela for the invitation and participants for a lively and very helpful discussion.

A thesis submitted to the Faculty of Graduate Studics and Research in partial fuifiimnt of the requiremcnts of the degrce of Master of Laws @LM.) at

Edinburgh University Press eBooks, 2019

International Law: Embracing Diversity." I thank Verónica Ruiz Abou-Nigm and María Blanca Noodt Taquela for the invitation and participants for a lively and very helpful discussion.

Zak, 1999

The Draft CESL is not only intended to cover intra-European transactions , but will also be applicable to contracts linked to third countries. This twofold effect raises interesting legal questions that are going to be analysed in this chapter from the perspective of Private International Law. During the final stages of the legislative process, certain decisive decisions must be adopted. In particular, from the perspective of Private International Law, there are some key aspects which should also be clarified. Attention should be paid, for example, to certain significant issues such as its relationship with Rome I and II Regulations, or with the CISG; as well as the applicability of the European instrument when a cross-border transaction would be governed by the law of a third country that is not a Member of the EU.

Encyclopedia of Private International Law, 2017

The fundamental concept underlying the application of Private International Law is to ensure that justice is served. When a foreign element is involved, it will be a terrible injustice to the parties if cases are determined using local laws of the land, for example, a Spanish element is decided by a Bangladeshi Court using the rule of law that is widespread in Bangladesh just because it is a Bangladeshi Court. If the case had been decided by a Spanish court, the outcome might have been different. On the other Hand, The purpose of conflict of laws is to identify the area in which it has authority. According to Savigny, Private International Law is a collection of positive laws (each region having its own set of laws), and it is necessary to demarcate each in its own outline in order to determine the scope of authority. It was important, he claimed, to set the limit of several positive laws against one another. It has also been stated that conflict of laws is a mutual action in which each state adopts the rule of the other to accomplish the purposes of justice. In today's world, practically every country has a mechanism in place to deal with legal conflicts. The greater mobility of people from one territory to another is necessitated by this structure for a variety of reasons. In such circumstances, the courts willingly apply the conflict of laws principle. While some laws are universally acknowledged in most countries, others may vary depending on the location. In this situation, it is difficult for legal students to understand all of the related provisions of private international law. The primary goal of this lecture note is to explain the notion of private international law in a step-by-step manner. As well as to define the common concepts, norms, and demarcations of private international law.

Agenda Internacional

The term «private international law» lacks a universally agreed definition. This is hardly surprising, since it is often given different meanings in different legal cultures or systems. In the North American common law tradition, for example, it is generally if narrowly equated with conflicts of laws-that is, the specialized principles and rules of national law used by domestic courts to determine which of several competing laws applies to disputes involving people in different countries or of different nationalities or to transactions which cross international boundaries. In such situations, for example, courts can choose to apply the law of the forum, the law of the individual's nationality, or the law of the site of the transaction or occurrence. Most U.S. practitioners and judges think of «private international law» as referring to these choices of law rules. A broader view, typically held by those individuals trained in civil law systems, expands the definition to include the provisions of domestic (national) law governing the exercise of domestic jurisdiction over people, property and transactions in transborder situations, as well as the enforcement of foreign judgments. Here, the main questions tend to focus on the permissible scope of domestic court authority to hear disputes involving foreigners and foreign transactions and to recognize and enforce judgments resulting from adjudications in foreign courts. In many countries, these provisions are comprehensively codified. All three areas-jurisdiction, choice of law, and enforcement of judgments-remain at the heart of most private international law endeavors in one way or another. Private international law conventions, for example, generally aim in one way or another at coordinating these issues between sovereign states. However, many experienced transnational practitioners (and perhaps international lawyers more generally) today find even this broader definition increasingly-and misleadingly-restrictive. If one takes into account recent developments in the various international organizations