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Les mutations du droit international privé: vers un changement de paradigme? Cours général de droit international privé (2015), par Yves Lequette, professeur émérite de l’Université Panthéon-Assas.
Author: Alan Scott Rau
The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.
Author: Burkhard Hess
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings. There are three different areas where the private-public divide is applicable. The first pertains to lawsuits in civil courts involving foreign states, state enterprises and international organizations. The second area relates to the delineation between domestic and international remedies. The third area concerns the privatization of dispute settlement, especially in the context of private ordering. This study argues that the private-public divide still exists and cannot be given up. However, one must be aware that private and public international law have complementary functions in order to address adequately the multitude of disputes at both the cross-border and the international level. In this context, this divide can be used as an appropriate tool to explain the complementarity of private and public international law in the multilevel legal structure of a globalized world.
International Law relating to Islands, by S. D. Murphy, Professor at the George Washington University;
La mise en oeuvre des décisions des tribunaux internationaux dans l’ordre interne, par G. Cataldi, professeur à l’université de Naples.
Why Do We Need a Law of Treaties? Inaugural Lecture by Sir Franklin Berman;
Protection internationale des droits de l’homme et activités des sociétés transnationales par Fabrizio Marrella.
Le droit international entre la lettre et l’esprit. Cours général de droit international public (2016), par M. Bennouna, juge à la Cour internationale de Justice.

L’influence de la multiplication des juridictions internationales sur l’application du droit international, par M. Iovane, professeur à l’université de Naples Federico II.
Idealism, Pragmatism, Eclecticism, General Course on Private International Law by Symeon C. Symeonides.
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges.
Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Data Protection Law and International Dispute Resolution, by D. COOPER, Partner, London Office of Covington & Burling LLP, and C. KUNER, Professor of Law at the Vrije Universiteit, Brussels.
International Case Law in the Development of International Law, by B. B. JIA, Professor of Law, Tsinghua University, Beijing.