The Relationship of Private International Law to Public International Law

1952 ◽  
Vol 52 (5) ◽  
pp. 561 ◽  
Author(s):  
John R. Stevenson
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public International Law ◽  
Relationship Of ◽  
The Relationship

THE COMMON EUROPEAN SALES LAW, CONSUMER PROTECTION AND OVERRIDING MANDATORY PROVISIONS IN PRIVATE INTERNATIONAL LAW

2013 ◽  
Vol 62 (2) ◽  
pp. 463-483 ◽  
Author(s):  
Christopher Bisping
Keyword(s):  
International Law ◽  
Consumer Protection ◽  
Private International Law ◽  
Cross Border ◽  
Border Trade ◽  
The Common ◽  
Definition Of ◽  
Common European Sales Law ◽  
Relationship Of ◽  
The Relationship

AbstractThis article analyses the relationship of the proposed Common European Sales Law (CESL) and the rules on mandatory and overriding provisions in private international law. The author argues that the CESL will not achieve its stated aim of taking precedence over these provisions of national law and therefore not lead to an increase in cross-border trade. It is pointed out how slight changes in drafting can overcome the collision with mandatory provisions. The clash with overriding mandatory provisions, the author argues, should be taken as an opportunity to rethink the definition of these provisions.

scholarly journals RELATIONSHIP AND INTERACTION OF INTERNATIONAL PUBLIC, INTERNATIONAL PRIVATE LAW AND NATIONAL LAW

2019 ◽  
Vol 3 (88) ◽  
pp. 108
Author(s):  
Aleksandrs Baikovs ◽  
Ilona Bulgakova
Keyword(s):  
International Law ◽  
Theoretical Research ◽  
Axiomatic Method ◽  
Private Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Analysis And Synthesis ◽  
The Relationship ◽  
Research Analysis

The purpose of this paper is to analyze the interplay between international public and private law and national law, and to provide an assessment of the theory of public and private law and its interrelationship.Private international law is closely linked to public international law. However, if public international law is an autonomous system of law, then private international law is an integral part of national law, since it governs cross-border private law relations.The objectives of the study stem from its purpose, namely:to clarify the nature and understanding of international public and private law; to clarify the relationship between international public and private law and national (internal) law. The object of the research is the problems of the relation and interrelation of international public and private law.As a result of the study, several conclusions were drawn, which are as follows: 1) public international law is an independent legal system, but private international law is an integral part of national law; 2) there is a relationship between public international law and private international law; 3) general theoretical categories and concepts are partly incompatible with the nature of both international public and private international law; 4) the value, validity, and credibility of contemporary theoretical research in international law largely depends on the inclusion of relevant categories andThe following methods have been used in the research: analysis and synthesis, induction and deduction, abstracting, generalization, analogy, idealization, formalization, axiomatic method, systematic and historical research.

Foreign Relations and the Judiciary

2002 ◽  
Vol 51 (3) ◽  
pp. 485-510 ◽  
Author(s):  
Lawrence Collins
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
The United States ◽  
Company Law ◽  
Private International Law ◽  
Public International Law ◽  
International Lawyer ◽  
The Subject ◽  
The Relationship

It is not generally appreciated that Francis Mann was not an international lawyer at all by training. His thesis at Berlin University was in company law. It was only after he had been in England for some time that he began to write about private international law,1 and his interest in public international law was developed as a result of his friendship with Sir Hersch Lauterpacht. It was not until 1943 that he published anything about public international law, and in that year he published a substantial article in two parts on the relationship between national law and international law, in which he built on the previous work on Judicial Aspects of Foreign Relations by Louis Jaffe2 and on acts of state by Sir William Holdsworth.3 Subsequently he came to make this subject his own, at least in England,4 where the subject has never attracted the attention which it has attracted in the United States.5

scholarly journals Rules of jurisdiction in the new Hungarian private international law

2021 ◽  
Author(s):  
Katalin Gombos
Keyword(s):  
International Law ◽  
Private International Law ◽  
The Novel ◽  
Public International Law ◽  
International Distribution ◽  
Basic Purpose ◽  
Definition Of ◽  
The Relationship

AbstractOn 1 January 2018, a new act entered into force in Hungary. This act is the new code of private international law in Hungary. The basic purpose of this article is to present the jurisdictional rules of the new law. In the description I discuss how the new act differs from the rules of the old code. In addition, I focus on international and European trends in private international law. I also examine the extent to which the new Hungarian code complies with these trends, as well as discussing the peculiarities of the Hungarian regulation. The new Code uses the concept of jurisdiction as a rule for the ‘international distribution’ of cases and in the sense of public international law. Therefore, I also address in this article the definition of jurisdiction and other conceptual issues, the doctrines of immunity and the description of the jurisdictional system of the Code. I present the relationship between international, European and Hungarian rules which are relevant in private international law. In addition, I provide an overview of the novel system of jurisdictional rules in the Code.

5. Nature of obligations

2017 ◽  
Author(s):  
Frédéric Mégret
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Public International Law ◽  
Special Character ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

This chapter first introduces the relationship of international human rights law to public international law, which is crucial to understanding the ‘special character’ of international human rights obligations. It then introduces the basic idea of what it means for a legal obligation to be described as ‘special’ in nature in international law, and discusses several key consequences that can be said to flow from this character in terms of reservations, implementing human rights obligations, limitations and derogations, enforcement, and withdrawal.

scholarly journals A Tributação do Expatriado Estrangeiro à Luz do Direito Internacional Tributário do Brasil

2014 ◽  
Vol 9 (2) ◽  
Author(s):  
Ana Carolina Assumpção Stoffel
Keyword(s):  
International Law ◽  
Multinational Companies ◽  
Tax Law ◽  
Private International Law ◽  
Fiscal Equalization ◽  
International Tax ◽  
Political Economic ◽  
Relationship Of ◽  
The Relationship ◽  
Present World

A TRIBUTAÇÃO DO EXPATRIADO ESTRANGEIRO À LUZ DO DIREITO INTERNACIONAL TRIBUTÁRIO DO BRASIL  THE TAXATION OF FOREIGN EXPATRIATES IN ACCORDANCE WITH BRAZILIAN INTERNATIONAL TAX LAW RESUMO: É indiscutível que o Direito Internacional Privado vem ganhando cada vez mais destaque dada a sua crescente aplicação no presente cenário mundial, especialmente diante da globalização que promove a incessante interação entre pessoas jurídicas e físicas de diferentes nacionalidades. Como uma das resultantes desse fenômeno, inúmeros profissionais são transferidos de seu país de origem, a fim de fixar residência na localidade em que a empresa para a qual trabalha possui filial, matriz ou subsidiária. Ou seja, a expatriação vem se tornando um acontecimento frequente em empresas multinacionais, e dada a complexidade envolvida no processo de transferência de um funcionário de um país para o outro, a temática precisa ser considerada de diferentes ângulos: jurídico, cultural, político, econômico, entre outros. Nessa direção, o presente trabalho dedica-se análise das principais questões ligadas à tributação de estrangeiros que se encontram no Brasil, por questões laborais, o que significa apontar para a tributação de rendas e proventos de qualquer natureza, além de abordar critérios de conexão e residência fiscal no Direito Internacional Tributário e, por fim, a relação dos principais vistos com a tributação e a política de equalização fiscal. PALAVRAS-CHAVE: Direito Internacional Tributário; Expatriado-estrangeiro; Residência fiscal; Tratados Internacionais Tributários. ABSTRACT: There is no doubt that Private International Law is gaining more and more prominence due to its growing application in the present world scenario, especially in face of the globalization that promotes the non-stopping interaction between companies and individuals of different nationalities. As a result of this phenomenon, many professionals are transferred from their country of origin, in order to take up residence in the place which the company for which they work for has an affiliate, matrix, or subsidiary. I.e., expatriation is a commonplace event in multinational companies and given the complexity of the process of transferring an employee from one country to another, the issue needs to be considered from different angles: legal, cultural, political, economic, etc. Thus, this paper focuses on the analysis of the main issues regarding the taxation of foreigners that are in Brazil for labor issues, which means pointing at the taxation of their income and earnings of any nature, as well as to approach the criteria of connection and tax residence under the International Tax Law, and, finally, to approach the relationship of the main types of visa with taxation and the policy of fiscal equalization. KEYWORDS: International Tax Law; Foreigner expatriates; Tax residence; International Tax Trade.

scholarly journals International Labor Law in Relation to International and Private Law

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 98-108
Keyword(s):  
International Law ◽  
Labor Law ◽  
Public Law ◽  
Private Law ◽  
Private International Law ◽  
International Labor Organization ◽  
International Labor Standards ◽  
International Labor ◽  
Relationship Of ◽  
The Relationship

The purpose of this article is to clarify the essence of international labor law (transnational labor law). This article presents and analyzes the relationship of international labor law with public international law and national labor law. The article also focuses on the possibility of considering it as a complex field. The article emphasizes the importance of introducing international labor law as a subject in higher education. The article quotes and discusses the opinions of various scholars regarding whether international labor law is a field of public law or private law, a sub-field of international law or private international law, etc. Subjects and sources of international labor law regulation were defined to determine the attitude towards a specific field of law. This article states that national labor law should be in line with the goals of the International Labor Organization to reduce social inequality, to regulate and protect labor and associated labor relations in accordance with international labor standards and universally recognized human rights. It has been suggested that while international labor law is a branch of public law, it is closely related to private law, in particular, to the national labor law. Other conclusions have been made in this article based on the research methods.

The Role of Geo-location Technologies

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Current Effect ◽  
Public International Law ◽  
The Road ◽  
On The Road

This chapter explores the role geo-location technologies may play on the road towards achieving jurisdictional interoperability. The relevant technologies involved are introduced briefly, their accuracy examined, and an overview is provided of their use, including the increasingly common use of so-called geo-blocking. Attention is then given to perceived and real concerns stemming from the use of geo-location technologies and how these technologies impact international law, territoriality, and sovereignty, as well as to the role these technologies may play in law reform. The point is made that the current ‘effect-focused’ rules in both private international law and public international law (as those disciplines are traditionally defined), are likely to continue to work as an incentive for the use of geo-location technologies.

Scope of (Remedial) Jurisdiction

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Private International Law ◽  
Online Environment ◽  
Public International Law ◽  
Current Practices

This chapterdraws attention to a new category of jurisdiction, what we may term ‘scope of jurisdiction’, or ‘scope of remedial jurisdiction’, and explains why this category of jurisdiction is particularly important in the online environment. It thenprovides a coherent framework for how we ought to approach this type of jurisdiction. In doing so, it draws upon experiences from recent cases; in particular, the Google Spain (González) case and the Google Canada (Equustek) case, both of which provide important insights into current practices regarding territoriality in private international law, and perhaps to a lesser extent public international law (as traditionally distinguished).

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