Method activation end date in the past. direction:re

2015 ◽  
Vol 3 (6) ◽  
pp. 300-306
Author(s):  
Александр Петров ◽  
Aleksandr Petrov
Keyword(s):  
International Law ◽  
Private International Law ◽  
The Past ◽  
To Come ◽  
Theory Of Law

This article is devoted to answering the questions related to the theory of conflicts in law. Particularly, there are discovered two main approaches to understanding of such conflicts – objective and subjective one. Besides, author tries to make clear the discussion: is the phenomenon of conflict in law explored in frame of private international law equal to the object named-so in the theory of law. The article includes the describing of vital characteristics of conflict in law. Also author rises up the question of objects which may serve as basics for any contradiction to come up. Additionally, the article emphasizes why the concurrence of norms is considered to be a conflict between general and special norms.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 15 Mauritius: Mauritian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Cupido Robin
Keyword(s):  
International Law ◽  
Future Development ◽  
Civil Code ◽  
Law Reform ◽  
Private International Law ◽  
Commercial Law ◽  
Conflict Of Laws ◽  
The Past ◽  
The Status ◽  
The Hague

This chapter discusses Mauritian perspectives on the Hague Principles. The Code Civile Mauricien (Mauritian Civil Code) governs most private and commercial law matters and is thus one of the main sources of Mauritian law. Another main source is the Constitution of Mauritius 1968. It is important to note that there is no constitutional imperative for courts to consider international law when interpreting legislation, which could be a contributing factor to the lack of development of a cohesive private international law regime in Mauritius. The Law Reform Commission of Mauritius has thus been reviewing the status of private international law in Mauritius over the past five years and has issued several reports and studies on the matter. The chapter then investigates the extent to which Mauritian private international law already reflects the content of the Hague Principles and how this set of principles could influence the future development of the conflict of laws in Mauritius.

Independent Development of Israeli Law

1975 ◽  
Vol 10 (4) ◽  
pp. 515-568 ◽  
Author(s):  
Daniel Friedmann
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Legal System ◽  
Case Law ◽  
Private International Law ◽  
Privy Council ◽  
The Past ◽  
Foreign Law ◽  
Local Law ◽  
English Law

It is not always easy to decide when we must turn to English law. And once it has been determined that reference to English law is appropriate, there is the further question of the substance and application of principles drawn from English law. In such case, English law forms part of the local law, and need not be ascertained as required by the rules of private international law in respect of foreign law.This makes the local law directly dependent upon English case-law, which itself is constantly being renewed and developed. Such dependence may seem to impair the independence of the Israeli legal system. The question could not, of course, be raised during the Mandatory period at a time when there existed a possibility of appeal from the Mandatory Supreme Court to the Privy Council in Westminster. But after the establishment of the State Cheshin J. said:It is unthinkable that a sovereign nation with its own laws and its own legal system would continue to be subject to the authority of a foreign nation's legal system and to changes in rulings which are likely to be introduced in her courts, only because in the past, when there was a strong tie between the two nations, the former drew from the legal system of the latter.

scholarly journals Introduction: LJIL in the Age of Cyberspace

2012 ◽  
Vol 25 (1) ◽  
pp. 1-8 ◽  
Author(s):  
LARISSA VAN DEN HERIK
Keyword(s):  
International Law ◽  
Scholarly Publishing ◽  
Epistemic Community ◽  
The Past ◽  
To Come

In 2012, the Leiden Journal of International Law (LJIL) celebrates its silver jubilee. Such a milestone calls for a brief sketch of LJIL's life and development over the past quarter of a century. This editorial accordingly narrates how LJIL grew from a modest student-run journal to establishing itself as a respected participant in the international academic arena. It is premised on the idea that LJIL's professionalization process and the gradual formation of a distinct identity in the field may be of interest to our entire epistemic community and those interested in the dynamics of the dissemination of scholarly ideas. Eventually, this editorial engages with some of the greatest challenges with which LJIL – as well as other actors in scholarly publishing – will most likely be confronted in the years to come.

Judicial and Legislative Jurisdiction in the Hague Conventions on Private International Law

1993 ◽  
Vol 27 (3) ◽  
pp. 460-486
Author(s):  
Celia Wasserstein Fassberg
Keyword(s):  
International Law ◽  
Private International Law ◽  
Choice Of Law ◽  
The Past ◽  
The Hague

The aim of the Hague Conference on Private International Law is to work towards international unification of the rules in this area. Its hundred years of activity, and particularly the past forty years, have been devoted to producing conventions unifying the rules of law in the three central issues of private international law: jurisdiction, choice-of-law, and the enforcement and recognition of foreign judgments. These three distinct issues correspond to three distinct stages of litigation. The rules of jurisdiction answer the question, which state's courts have jurisdiction to decide a case or, from the perspective of any given state: does its courts have jurisdiction over the case? Choice-of-law rules, in contrast, answer the question, which law should govern the case, irrespective of where it is being adjudicated? Finally, the rules relating to foreign judgments define the terms on which a decision given in one state will be recognised and enforced in another.

The Conflict of Laws

2019 ◽  
Author(s):  
Adrian Briggs
Keyword(s):  
International Law ◽  
Common Law ◽  
Private International Law ◽  
European Law ◽  
Conflict Of Laws ◽  
Accurate Representation ◽  
European Legislation ◽  
The Subject ◽  
To Come ◽  
Contractual Obligations

This book provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect this will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations; and the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. This new edition of the text organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of English private international law required it to be seen as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing—and probably for some time to come—the consequences of Brexit are a mystery, the attempt is made to describe the various possible shapes which the subject will assume in the future.

‘With an Eye to the Past’, But No Longer ‘An Object of International Law’

2021 ◽  
pp. 3-12
Author(s):  
Rotem Giladi
Keyword(s):  
International Law ◽  
Legal Status ◽  
Jewish History ◽  
Jewish State ◽  
The Past ◽  
Sense Of Time ◽  
To Come ◽  
Foreign Ministry ◽  
Radical Transformation

The Prologue tells the story of the Jewish Yearbook of International Law, published in Jerusalem in 1949. It highlights the sense of time of those involved: an end to Jewish objecthood and the beginning of Jewish subjecthood brought by the sovereign turn in Jewish history—a radical transformation in the international legal status of Jews. The volume sought to ‘sum up’, ‘with an eye to the past’, the terms of past Jewish engagements with international law. The editors refrained from predicting the shape of things to come—the terms on which the Jewish state would now approach international law; this book explores that future. The Prologue also introduces the dramatis personae, including Jacob Robinson and Shabtai Rosenne, Foreign Ministry legal advisers and the book’s main protagonists. It also tells of their effort to assume ownership of the project which was to be renamed the Israel Yearbook of International Law.

Commercial Issues in Private International law

2020 ◽  
Vol 39 (1) ◽  
pp. 147-152
Author(s):  
Sarah McKibbin
Keyword(s):  
International Law ◽  
Private International Law ◽  
The Past

Interest in Australian private international law has rekindled over the past decade. Australian courts are contending with more transnational litigation than ever before, facilitated by the ease with which people, business and information now cross borders.

scholarly journals Harmonising European Private International Law: A Replay of Hannibal's Crossing of the Alps?

2006 ◽  
Vol 34 (2) ◽  
pp. 419-439 ◽  
Author(s):  
Eleanor Cashin Ritaine
Keyword(s):  
International Law ◽  
Private International Law ◽  
Second Punic War ◽  
The Alps ◽  
To Come

In 218 BC, the Carthaginian general Hannibal (247-182) achieved a most extraordinary feat: he crossed both the Pyrenees Mountains and the Alps with an army of about 38.000 soldiers, 8.000 Cavalry and 37 elephants, aiming to win the Second Punic War by a bold invasion of Italy before the Romans were prepared. Even if his attempts to defeat the Roman legions failed in the end, common lore stills tells the story of the elephants crossing the Col du Mont Genevre in deep snow, setting thus an example of a near impossible achievement for generations to come.

Verfassung ohne Staat

2019 ◽  
Keyword(s):  
International Law ◽  
Systems Theory ◽  
World Society ◽  
Point Of View ◽  
The Other ◽  
Private International Law ◽  
Sovereign State ◽  
Political Processes ◽  
Theory Of Law ◽  
The One

On the basis of systems theory, Gunther Teubner has developed a sociologically informed theory of law and constitutionalism that does not rest on the sovereign state, but on the functionally differentiated society. From this point of view, law and constitutionalism can also emerge without a state: in transnational political processes on the one hand and in the ‘private’ spheres of world society on the other. The search for unity and hierarchy in the law may be futile under these circumstances. As Teubner suggests, however, collisions between the various constitutional fragments may be addressed by a new kind of conflicts law that follows the model of private international law. With contributions by Ino Augsberg, Anna Beckers, Gralf-Peter Calliess, Pasquale Femia, Karl-Heinz Ladeur, Andreas Maurer, Riccardo Prandini, Ralf Seinecke, Thomas Vesting, Lars Viellechner

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