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Edited by Académie de Droit International de la Ha

The Academy publishes the papers from the Workshops which it organizes, each looking at future-oriented topics in international law. The Series also includes a collection of fundamental books, The Law Books of the Academy. More recently, if the Centre for Studies and Research attains an exceptionally high standard, a single volume containing the reports of the Directors and the best contributions from the participants is published as a volume in this Series.

L’Académie publie également les documents issus des colloques qu’elle organise sur des sujets touchant à l’avenir du droit international. Par commodité, ces ouvrages ont été associés à la collection Les Livres de droit de l’Académie. En effet, suite à une décision récente, les travaux du Centre d’étude et de recherche témoignant d’un niveau exceptionnel sont consignés dans un volume unique, lequel contient à la fois les rapports des directeurs d’études et les meilleures contributions des participants.

Titles previously published in this series (from 1995 onwards) can now be found here: Centre for Studies and Research in International Law and International Relations Series .

Titles in this series are available online as part of The Hague Academy Collected Courses Online / Recueil des cours de l'Académie de la Haye en ligne.
The Academy publishes the papers from the Workshops which it organizes, each looking at future oriented topics in international law.

Series:

Dario Moura Vicente

Also available as an e-book

En dépit des efforts entrepris au long du siècle dernier en vue de l’harmonisation et de l’unification internationales des législations concernant la propriété intellectuelle, des divergences significatives subsistent entre les systèmes juridiques nationaux dans ce domaine. L’idéal d’une protection universelle de contenu unitaire étant dans une large mesure inachevé, la tutelle internationale de la propriété intellectuelle se fonde encore sur les principes de l’indépendance des droits et de la territorialité.
L’évolution contemporaine du droit de la propriété intellectuelle démontre toutefois une tendance très nette dans le sens d’un dépassement de la stricte territorialité qui le caractérisait. Cette évolution est demandée par les besoins de fonctionnement des économies modernes, dans lesquelles l’exploitation des biens intellectuels se fait de plus en plus à l’échelle mondiale. Plutôt qu’une unification des régimes juridiques nationaux en matière de propriété intellectuelle, il faut assurer une coordination de ces régimes par le biais de règles de conflits de lois et de juridictions. Tel est le défi fondamental que le droit international privé doit relever en cette matière.
Founded in 1923, the Hague Academy of International Law has for decades served as a global centre for research about and teaching of public and private international law.
Each summer the Academy organizes in its building located on the premises of the Peace Palace a six-week course at which well-recognized international law scholars present lectures and seminars in French and English on a wide range of current topics to young lawyers from throughout the world. These lectures are then published in the Academy’s prestigious Collected Courses.
The Academy also conducts a three-week summer Centre for Research aimed at in-depth research by younger academics on a selected contemporary issue under the direction of two senior scholars. In addition, the Academy has since the 1960s held courses in Africa, Latin America and Asia with a view to promoting worldwide knowledge of international law and its developments and contributing to the establishment of peace.

Series:

Edited by Académie de Droit International de la Ha

This volume contains the General Course on Private International Law on Respect for foreign law as a Principle of Private International Law, given by Professor A.V.M. Struycken, Professor emeritus at the University of Nijmegen.The title — Co-ordination and Co-operation in Respectful Disagreement —reflects the leading thought. Each State has its own legal truth, closely related to its culture. In private international law one has to accept this as a datum. This book re-explores the classical approach, in the awareness of international private relations being established under the roof of large bodies of imperative rules. It pays attention to the impact of the EC on private international law and to uniform substantive law. It elaborates on subject matter jurisdiction, not only of courts but of notaries and other office holders.

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.
All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law .

Series:

Académie de Droit International de la Ha

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.
All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. Volume 315 (2005) contains the course given in 2005 by Professor M. Dogauchi (Waseda University, Tokyo) on Private International Law from a Japanese Perspective; and the course given in 2003 by Professor L.G. Radicati di Brozolo (Catholic University of Milan) on L'arbitrage international et les rèles impératives de fond (International Arbitration and Mandatory Substantive Rules) .

Series:

Académie de Droit International de la Ha

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.
All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law.

To access the abstract texts for this volume please click here

Series:

Académie de Droit International de la Ha

Modern societies see a growing number of examples of couples living together without marital vows or other formality. Domestic law is slowly addressing these situations in the many fields that are potentially affected, including property, children's rights, inheritance, government and private retirement benefits, etc. As couples in such relationships move from one jurisdiction to another or have assets of multiple jurisdictions and as terminations of these relationships inevitably take place, lawyers and courts will inevitably face issues concerning the law applicable to their relationship and to its consequences. This volume addresses some of the issues that are arising from cohabitation without marriage and attempt to identify some of the possible solutions taking account, among other factors, of existing law, public policy and societal norms. Among these issues, the following will be addressed:
should conflict of law rules be used to address these conflicts or any other private international law method (loi de police, material rules)?
should the question of a non-married-couple's status be distinguished or assessed as an incidental question (question prealable), before dealing with the law applicable to the effects of such relationship?
should they be given a full status by one single applicable law, or should they receive merely a bundle of rights depending on a multiplicity of applicable law governing each one? (A single conflict of laws rule or several?)
which connecting factor (common nationality, last habitual residence, place of registration?) could best apply to the formation of their situation, to its dissolution and to its effects between themselves (extrapatrimonial rights, alimony, succession, property rights, constructive trusts) or towards third parties (children, contractual parties)?
which types of situations should be governed by such connecting factors: 'simple' cohabitation, union civile, pacte de solidarite, registered partnerships, etc? (Questions relating to the domain of the applicable law or to the qualification process). The volume is published in French.



To access the abstract texts for this volume please click here

Series:

Académie de Droit International de la Ha

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.
All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law.

To access the abstract texts for this volume please click here

Series:

Académie de Droit International de la Ha

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.
All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law.

To access the abstract texts for this volume please click here