Recueil des cours, Collected Courses, Tome 378


Domestic Application of International Law, by Y. Iwasawa, Professor at the University of Tokyo;
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.
Co-publication with: The Hague Academy of International Law.

Yuji Iwasawa, born in Tokyo, Japan, June 1954. Studied at the University of Tokyo Faculty of Law (1973-1977), Harvard Law School, United States (1977-1978), and the University of Virginia School of Law, United States (1984-1986), receiving LL.B., LL.M. and S.J.D. degrees respectively.
Professor of International Law, University of Tokyo Faculty of Law, Japan. Research Associate, University of Tokyo Faculty of Law (1977-1981).
Associate Professor, Osaka City University Faculty of Law (1982-1996). Associate Professor (1996-1997), Professor (1997-2004), University of Tokyo Department of International Relations, Professor, University of Tokyo Faculty of Law (since 2005).
Visiting Fellow, The Lauterpacht Research Centre for International Law, Cambridge, United Kingdom (1991-1993, 1997, 2000-2001). Overseas Fellow, Churchill College, Cambridge, United Kingdom (2000-2001). Visiting Professor, Columbia Law School, United States (2014). Chercheur invité, University Panthéon-Assas, France (2015-2016).
Member (since 2007), Chairperson (2009-2011), Vice-Chairperson (2011-2013, 2015-2017), Human Rights Committee (ICCPR). Enlisted on the Indicative List of Panellists, World Trade Organization (since 1996). Enlisted on the Roster of Panellists for the Trade-Related Dispute Settlement, Energy Charter Treaty (since 2002).
Associé, Institut de droit international (since 2015). Member (since 2004), Rapporteur (1995-2004), Committee on International Human Rights Law, International Law Association. International Advisor, Restatement (Fourth) of Foreign Relations Law of the United States (since 2015). Series Editor, International Law from Japanese Perspectives, Martinus Nijhoff (since 2001). Member, Editorial Board, Journal of International Economic Law (since 1997).
Member, Science Council of Japan (since 2011). Member of the Executive Council (since 1997), Director for Research Planning (since 2014), Director for International Programs (2012-2014), Japanese Society of International Law. Member of the Executive Council (since 2006), Director of Planning (since 2006), Japan Branch of the International Law Association. Member of the Executive Council, Japanese Society of World Law (since 2011). Member of the Executive Council, International Human Rights Law Association, Japan (since 2003). Member of the Executive Council (since 2004), Director of Planning (2004-2006), Japanese Association of International Economic Law. Editor (since 2002), Editor-in-Chief (since 2014), International Law Documents (in Japanese). Co-editor (since 2013), Tokyo Review of International Law (in Japanese).
Counsel for Japan, Whaling in the Antarctic case (Australia v. Japan), ICJ (2010-2014). Judge (2004-2013), Vice-President (2010-2013), Asian Development Bank Administrative Tribunal. Member, UN Permanent Forum on Indigenous Issues (2002-2004). Member, Permanent Group of Experts, WTO Agreement on Subsidies and Countervailing Measures (2003-2008). Arbitrator, Court of Arbitration for Sport, Lausanne, Switzerland (1997-2006). Eldon D. Foote Lecturer, University of Alberta, Edmonton, Canada (1997). Member, International Trade Law Committee (1996-2014) and Committee on the Future of the ILA (2000-2002), International Law Association. Organizer and Co-ordinator, Four Societies (Japan, Australia-New Zealand, Canada, United States) Conferences : Wellington (2006), Alberta (2008), Kobe (2010), Berkeley (2012), Canberra (2014). Co-ordinator
and Editor, Trilateral (Japan, Canada, United States) Conferences : Tokyo (1994), Atlanta (1996), and Ottawa (2000).

Javier Carrascosa González, born on 12 October 1965 at Granada, Spain. Chair Professor of Private International Law at the University of Murcia, Spain. Graduated in Law at the Univesity of Granada (1988) and earned Ph.D. at Law at the University of Bologna, Italy (1991), summa cum laude, as well as at the University of Granada, Spain (2002), cum laude.
Director of Studies of the Seminars on Private International Law at the Hague Academy of International Law, English-speaking section, July 2005.
Director, with Professor Dr. D. A.-L. Calvo Caravaca, of the books series “Ciencia Jurídica y Derecho Internacional”, “Derecho Transnacional”, Comares Publishing House, Granada, Spain, and “Derecho de la globalización”, Colex Publishing House, Madrid, Spain.
Legal Advisor to the Ministry of Justice of Spain and to the Dirección General de los Registros y Notariado. Spain’s representative in the negotiations for the “Rome III” Regulation (law applicable to divorce).
Visiting professor and lecturer at the University of Cagliari, Italy (July 2008 and July 2010). Erasmus professor and lecturer at the University of Rome III, Italy, since 2010.
Member of the Commission on Private International Law of the Bar Association of Murcia.
Main fields of expertise are focused on international contracts law, international tort law, international family law and international civil procedure.
Different articles and contributions on private international law published in Spain, Germany, Britain, Italy, Portugal, France, United States, Argentina, Mexico, Colombia, Chile and Uruguay.
Domestic Application of International Law, by Y. Iwasawa, Professor at the University of Tokyo:
Excerpt of table of contents:
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
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.
  • Collapse
  • Expand