Observations on the Public and Private International Law Relating to Expropriation

1956 ◽  
Vol 5 (4) ◽  
pp. 577 ◽  
Author(s):  
B. A. Wortley
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
The Public

Extraterritorial Jurisdiction at a Crossroads: An Intersection Between Public and Private International Law

1982 ◽  
Vol 76 (2) ◽  
pp. 280-320 ◽  
Author(s):  
Harold G. Maier
Keyword(s):  
International Law ◽  
Private International Law ◽  
Human Beings ◽  
Public And Private ◽  
Public International Law ◽  
The Public ◽  
Nation States ◽  
International Legal System ◽  
Extraterritorial Jurisdiction ◽  
International Systems

Historically, public international law and private international law have been treated as two different legal systems that function more or less independently. Public international law regulates activity among human beings operating in groups called, nation-states, while private international law regulates the activities of smaller subgroups or of individuals as they interact with each other. Since the public international legal system coordinates the interaction of collective human interests through decentralized mechanisms and private international law coordinates the interaction of individual or subgroup interests primarily through centralized mechanisms, these coordinating functions are usually carried out in different forums, each appropriate to the task. The differences between the processes by which sanctions for violation of community norms are applied in the two systems and the differences in the nature of the units making up the communities that establish those norms tend to obscure the fact that both the public and the private international systems coordinate human behavior, and that thus the values that inform both systems must necessarily be the same.

Jurisprudence and Jurists’ Prudence: The Iranian-Forum Clause Decisions of the Iran-U.S. Claims Tribunal

1984 ◽  
Vol 78 (1) ◽  
pp. 1-52 ◽  
Author(s):  
Ted L. Stein
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
The Future ◽  
Effective System ◽  
Contractual Obligations ◽  
Contractual Choice ◽  
The Relationship

On November 5, 1982, the Iran-U.S. Claims Tribunal decided a series of nine cases presenting issues of the greatest significance for the future course of that Tribunal’s work. The issue for decision in each case was the effect of a contractual choice-of-forum clause on the Tribunal’s own jurisdiction, an issue likely to arise in a great many cases. Squarely presented were issues pertaining to the relationship between public and private international law, the content of a state’s obligation under international law to maintain an adequate and effective system of local remedies, and the scope of “changed circumstances” as a ground for release from contractual obligations.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

Identity in Postgenomic Times: Epigenetic Knowledge and the Pursuit of Biological Origins

2022 ◽  
pp. 016224392110691
Author(s):  
Sonja van Wichelen
Keyword(s):  
International Law ◽  
Assisted Reproduction ◽  
Genetic Knowledge ◽  
Private International Law ◽  
Public And Private ◽  
Donor Conception ◽  
Legal Contexts ◽  
The Right ◽  
Gestational Surrogacy

As genetic knowledge continues to strengthen notions of identity in Euro-American societies and beyond, epigenetic knowledge is intervening in these legitimation frameworks. I explore these interventions in the realm of assisted reproduction—including adoption, donor conception, and gestational surrogacy. The right to identity is protected legally in many states and receives due attention in public and private international law. Originating from the context of adoption, donor-conceived and surrogacy-born persons have recently demanded the same protections and focused on the right to genetic knowledge. This article explores possible implications of epigenetic knowledge on identity. I start by articulating the deep influence of genetics on the notion of identity, and how this unfolds in legal contexts. Next, I examine how epigenetic findings that stress the importance of seeing biological life as situated and embedded in environments can challenge how adoption, donor conception, and gestational surrogacy are experienced and understood. While I argue that epigenetic knowledge can reify identity with the same determinism underpinning genetics, it can also allow for more biosocial understandings of identity that consider history and experience as entangled with biology.

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.

The Integrated Approach to Private and Public International Law—A Distinctive Feature of Italian Legal Thinking

2020 ◽  
pp. 262-282
Author(s):  
Pietro Franzina
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Distinctive Feature ◽  
Integrated Approach ◽  
Major Influence ◽  
Private International Law ◽  
Public And Private ◽  
Origin And Evolution ◽  
Private And Public ◽  
Legal Thinking

International law scholarship has traditionally been understood in Italy as encompassing the study of both public and private international law. The two subjects are still considered jointly for recruitment purposes and are mostly taught by the same professors. Pasquale Stanislao Mancini, who regarded nationality as a foundation of both disciplines, had a major influence on the popularization of this approach in the mid-nineteenth century. The advent of positivism, a few decades later, entailed a general rejection of Mancini’s views but did not challenge the integrated approach to the different branches of international law. Rather, the positivist turns triggered a renewed reflection on the ties between the two subjects. The study of international law, some argued, should cover, alongside international rules, such municipal rules as deal with international matters. The chapter outlines the origin and evolution of the Italian integrated approach to international law and its perception by today’s scholars, in Italy and abroad.

United in Diversity – Regional Unification of the Conflict-of-law Rules in Matters of Matrimonial Property Regimes

2019 ◽  
pp. 160-178
Author(s):  
Lucie Zavadilová
Keyword(s):  
Public Policy ◽  
International Law ◽  
Private International Law ◽  
Public Interests ◽  
The Public ◽  
General Part ◽  
Substantive Law ◽  
Fundamental Values ◽  
Property Regimes ◽  
Conflict Of Law

The unification of the conflict-of-law rules in matters of matrimonial property regimes at EU level seeks to mitigate differences in substantive law in particular legal systems. The aim of this contribution is to analyse the doctrine of overriding mandatory provisions and consider the applicability of the public policy exception, which limit the application of the law otherwise applicable determined in compliance with the unified conflict-of-law rules. The question author addresses in this paper is whether these institutes of the general part of private international law provide for sufficient safeguards to protect the fundamental values and public interests of the forum law in matters of matrimonial property regimes.

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