Buch, Englisch, Band 378, Gewicht: 846 g
Reihe: Collected Courses of The Hague Academy of International Law - Recueil des cours
Buch, Englisch, Band 378, Gewicht: 846 g
Reihe: Collected Courses of The Hague Academy of International Law - Recueil des cours
ISBN: 978-90-04-32125-0
Verlag: Brill Academic Publishers
This course examines theoretical and practical problems involved in the application of international law in domestic law comprehensively and critically. Special focus is given to the problem of direct applicability or self-executing character of international law. The text offers a framework which will enhance the understanding of the role of international law in domestic law and facilitate its application in domestic law. It puts forward such propositions as the following among others. Direct applicability is distinguished from domestic legal force, and domestic legal force is regarded as a prerequisite for direct applicability rather than vice versa. This recognition will make possible the adoption of a relative approach. Domestic law determines whether international law is directly applicable. Because the parties to a treaty are not concerned with the question of its direct applicability, intent of the parties should not be regarded as a decisive criterion.
The Internet – Privacy and Rights relating to Personality, by Javier Carrascosa González, Professor at the University of Murcia:
This course shows different perspectives on jurisdiction, applicable law and enforcement of foreign judgments in the field of privacy and rights relating to personality on the Internet. Globality, complexity, diversity, ubiquity, mobility and high speed life make this issue difficult to deal with but absolutely necessary. The role of private international law in these situations has paramount relevance. Litigation has become international. Defamation and violation of personality rights, such as privacy, have become international as well. Nowadays, the determination of the courts hearing the case and the Law applicable to the merits of the litigation is of the essence for lawyers, parties and courts. This text shows the power of case law and academic literature as hidden but real law makers with regard to the matter.
Autoren/Hrsg.
Weitere Infos & Material
Domestic Application of International Law, by Y. Iwasawa, Professor at the University of Tokyo:
Excerpt of table of contents:
Preface;
Chapter I. Introduction;
A. The setting; B. Incorporation of international law; C. Different sources of the concept of direct applicability;
Chapter II. Concept of direct applicability: the international approach
A. Advisory Opinion of the Permanent Court of International Justice in Jurisdiction of the Courts of Danzig; B. Direct applicability and the intention of the parties to treaties; C. Features of the international approach;
Chapter III. The doctrine of self-executing treaties in the United States
A. Concept; B. Question of domestic law; C. Criteria; D. Relative approach;
Chapter IV. Direct effect of European Union law
A. Concept; B. Question of EU law; C. Criteria; D. Regulations, decisions, directives, and international agreements;
Chapter V. Domestic application of international law: a framework of analysis
A. Concept of direct applicability of international law; B. Question of domestic law; C. Criteria of direct applicability of international law; D. Relative approach;
Chapter VI. Customary international law, acts of international organizations, and judgments of international courts
A. Direct applicability of customary international law; B. Direct applicability of acts of international organizations; C. Direct enforceability of judgments of international courts;
Conclusion; Bibliography.
The Internet – Privacy and Rights relating to Personality, by Javier Carrascosa González, Professor at the University of Murcia:
Excerpt of table of contents:
Chapter I. Introduction. Rights relating to personality and the Internet in the society of the twenty-first century
1. General aspects;
2. International libel tourism;
Chapter II. Welcome to the Internet;
1. The Internet. A new continent for private international law;
2. The architecture of the Internet. Ubiquity, mobility and immediacy of the contents;
3. Private international law for the Internet;
Chapter III. Rights relating to personality;
1. Rights relating to personality. Birth of a legal category
(A) Person, personality and rights relating to personality; (B) Specifying the rights relating to personality;
2. The rights relating to personality in international legal instruments
(A) Existence of the personality rights and their content; (B) International jurisdiction of the courts and the applicable Law; (C) Rights relating to personality, freedom of speech and information in the Convention for the Protection of Human Rights and Fundamental Freedoms made by the Council of Europe in Rome, 4 November 1950;
3. Personality rights in the world;
4. The tension between personality rights and freedom of expression and information;
Chapter IV. International jurisdiction and rights relating to personality on the Internet. European perspective
1. Brussels I Regulation (recast) and the rights relating to personality. General aspects. Different grounds of jurisdiction
(A) The defendant’s domicile; (B) The place of the harmful event as a ground of international jurisdiction;
2. North American perspective
(A) General aspects; (B) Damage to personality rights on the Internet and international
Jurisdiction;
Chapter V. Choice of law and non-contractual obligations derived from the violation of the rights relating to personality on the Internet
1. European perspective
(A) Non-application of Regulation Rome II to rights relating to personality; (B) National conflict rules;
2. Towards the future in Europe. New conflict rules
(A) European values in the field of EPIL and the building of a conflict rule on the applicable law to civil liability derived from damage to personality rights; (B) Law applicable to personality rights. Different theoretical possibilities;
3. North American perspective
(A) Applicable law to cyber-libel. General remarks; (B) Applicable law to cyber-libel. Specific approaches; (C) Non-recognition rules and foreign decisions. Fighting against cyber-libel tourism;
4. Scope of application of the law governing civil liability derived from a violation of personality rights on the Internet
VI. Conclusive remarks; Bibliography.