Private International Law Research Articles

Strengthening the Efficacy of the CSDDD through Private International Law

Strengthening the Efficacy of the CSDDD through Private International Law

Analysis of Joint Property Division in Mixed Marriages: A Case Study of The Supreme Court Decision Number 1400 K/Pdt/2017 Perspective of International Private Law

This study seeks to evaluate the effectiveness of Indonesia's Law Number 1 of 1974 on Marriage, specifically concerning the division of joint property in mixed marriages that involve aspects of international civil law. Supreme Court Decree Number 1400 K/Pdt/2017 offers a key reference point, showcasing how Indonesian law has been applied to govern property division in these cases. The study applies a normative juridical approach to examine legal norms and standards, including legislative analysis of the Marriage Act and the Basic Agrarian Law. It also uses case-based methods to assess international civil law's impact, such as the principle of lex situs, which mandates that immovable property like land be governed by the laws of its location. This Supreme Court ruling reveals an attempt to balance Indonesian law with foreign property rights, ensuring that foreign nationals’ rights are acknowledged in property division. Such cases underscore the importance of reforming Indonesia’s mixed marriage laws to enhance legal clarity and fairness for all parties.

Cases before Australian Courts concerning Questions of Public and Private International Law 2023

Cases before Australian Courts concerning Questions of Public and Private International Law 2023

Cases and Matters before International Courts and Tribunals concerning Questions of Public and Private International Law Involving Australia 2023

Cases and Matters before International Courts and Tribunals concerning Questions of Public and Private International Law Involving Australia 2023

The Solutions for The Conflict of Laws Relating to Copyright and Its Exploitation" A Comparative Study"

Determining the applicable law for copyright is a complex issue in the jurisprudence of private international law. This is because it is an intangible moral property, meaning that the nature of the subject to which the right is attributed differs from other material rights. In addition, most legislations have not established specific attribution rules for moral rights, making it difficult to determine the applicable law for copyright. Hence, the research problem is embodied in the absence of explicit and clear texts that address the issue of conflict of laws if it relates to the author’s topics moving between the scope of more than one law, which leads to an overlap in the scope of the applications of the law that related to those rights, raising the issue of which law should apply and which one is more accurate in achieving justice. The importance of this research is evident in raising the awareness among rights holders of the existence of a legal organization that protects the copyright, which may ease their minds due to their prior knowledge of the existence of a law that protects the product of their mind on the one hand and deters the aggressor on the other hand. Moreover, this study aimed to demonstrate the validity of the laws referred to by the traditional attribution rules to resolve conflicts of laws in matters related to copyright. It must be noted that the study adopted the analytical and descriptive comparative approach between Jordanian law and Iraqi law and the role of each in resolving problems arising from conflicts of laws.The study found that the Jordanian legislator specifically addressed unpublished works in Article 57 of the Copyright Protection Law, clarifying whether they fall under the law's provisions. However, we did not find an explicit provision in the Iraqi Copyright Protection Law regulating the issue of unpublished works. However, the researcher recommended that the Jordanian legislator conclude new bilateral or regional agreements in addition to joining international agreements due to the inadequacy or inappropriateness of traditional agreements related to judicial cooperation to rule on what arises from a conflict of legislative jurisdiction regarding copyright.

The Invisible College of International Lawyers in Private International Law Today

These pages elaborate briefly on Oscar Schachter’s celebrated reflections about an invisible college of international lawyers, with a focus on today’s private international law.

Integration of legal databases in the context of EU accession aspirations

It is determined that the process of cooperation within the framework of the European Union has increased the need for identification and exchange of legal information coming from regional and national authorities at the European level. This need is partially met by digitally accessible legal information and the widespread use of the Internet. However, the exchange of legal information is largely limited by the differences that exist in different national legal systems, as well as the differences in their technical systems used to store and display the law on their respective websites. This hinders interaction between the information systems of national and European institutions, despite the increase in the availability of documents in electronic format. At the same time, the interconnection of national and international legal information from various sources and their presentation in the form of linked data of legal knowledge will undoubtedly improve the process of searching for legal information, expanding the possibilities of inquiries that are not currently possible. Moreover, in an increasingly digital society, where the number of cross-border civil and criminal proceedings is rapidly increasing, and given the complex diversity of different legal systems in the EU Member States, the simplification and facilitation of cross-border judicial cooperation is essential to ensure effective access of citizens and businesses to justice. At the same time, the system of identification and metadata should be well known to citizens and specialists in the field of law. In addition, to increase the chances of finding case law that is supported by an identifier and metadata, these court decisions should be searchable - by identifier and a minimal set of metadata - through a common interface. The exchange of digital evidence in the EU is also an important aspect. Currently, countries cooperate using private international law in cross-border criminal cases and exchange digital evidence based on these tools. The choice of tool depends on the countries involved and the type of information required.

Changes of Paradigm in Private International Law of Contracts – A high-level comparison between 1989 and 2024, with tribute to the Unidroit Principles, the development of arbitration law and to Simplified Global Contracting

The article on German private law of contracts compares the state of private international law in Germany in 1989 with its state today, in 2024. It demonstrates a change of paradigm by looking at six selected parameters of relevance: (i) the respect of constitutional rights and European fundamental freedoms, (ii) the unitarian European character of private international law of contracts, subject to treaties, (iii) the dissemination of the CISG, (iv) the emergence of the the Unidroit Principles as a sound system of general principles and rules of international commercial contracts, (v) the development of international arbitration, and (vi) the emergence of internet and data platform based comparative legal research. Regarding the traditional private international law of contracts, as applied by European courts (of member states of the European Union), the author observes that more European uniformity has come at the cost of complexity. At the same time, the emergence and dissemination of the Unidroit Principles – described as “the biggest achievement of the international legal society since the year 534” – has enabled Simplified Global Contracting (i.e. the choice of the Unidroit Principles in combination with an arbitration clause) and thereby more freedom on a global level.

Role of Court in Formation Evidential Matter in Economic Disputes in Russia and England as an Actual Problem in International Private Law

Introduction. The article unravels the role of court in formation evidential matter in economic disputes in Russia and England. It studies the distinctive features of formation evidential matter in economic disputes in Russia and England, addresses the role of court in the court’s formation of information on facts and (or) digital footprints of facts through providing instructions for formation evidential matter based on the example of electronic documents, evidence of witnesses, and expert evidence in Russia and England.Materials and methods. In the course of writing the work, a set of general scientific, formal-logical methods (including methods of analysis, synthesis, induction, deduction, systematization) and special methods (formal-legal, historical, comparative-legal, structural-legal methods, etc.) were used.Research results. The author demonstrates that fact finding of objective truth in economic disputes can be carried out by the court when the following condition are fulfilled: evidentiary materials are formed in the course to the directions of the court. In economic disputes in Russia and England, the court formation evidential matter both for the case as a whole and to provide for expertise.Discussion and conclusion. A conclusion on the similar role of court in formation evidential matter in economic disputes in Russia and England is made. The article formulates suggestions on the improvement of the Arbitration Procedural Code of the Russian Federation.

Admissibility of ILA Principles on Intellectual Property and Private International Law in Vietnam

Abstract Private law on intellectual property (IP) has achieved significant international harmonization, but international jurisdiction is subject to national regulations. As a result, enforcement of IP rights is carried out on a country-by-country basis. This approach leads to multiple concurrent legal proceedings, increasing the risk of conflicting judgments and escalating litigation costs. These costs create a disparity between multinational corporations and small and medium-sized enterprises. As a potential model for future international agreements on intellectual property and private international law, the International Law Association (ILA) Committee on ‘Intellectual Property and Private International Law’ seeks to address cross-border IP disputes. This paper will explore whether the ILA principles can be utilized as models for legislators, judges, arbitrators and other competent authorities in Vietnam, a legal system characterized by a lack of case law on the topic.

Preface to the Special Issue: ILA-Korea’s 60th Anniversary Conference on Private International Law

Preface to the Special Issue: ILA-Korea’s 60th Anniversary Conference on Private International Law

Harmonization of Jurisdictional and/or Choice-of-Law Rules: Introduction to the Asian Principles of Private International Law (APPIL) Project

Harmonization of Jurisdictional and/or Choice-of-Law Rules: Introduction to the Asian Principles of Private International Law (APPIL) Project

Challenges of Private International Law in Asia

Challenges of Private International Law in Asia

Asian Private International Law and Hong Kong

Asian Private International Law and Hong Kong

Canadian Cases in Private International Law in 2023

Canadian Cases in Private International Law in 2023

Brief Considerations Regarding the Competence of the Central Authorities in Matters of Filiation, in the Context of the Proposal for a Council Regulation on the Creation of a European Certificate of Parenthood

The study aims to present and analyse the competence of the central authorities in the matter of filiation according to the Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood and according to the regulations in Romanian law such as: Civil Code, Law no. 119/1996 regarding civil status documents, Government Ordinance no. 84/2001 regarding the establishment and operation of community public services for the registration of persons. The authors present due clarifications regarding the dichotomy of the provisions of Romanian law (Romanian private international law, civil law and the regulations from the normative acts stipulated in the paragraph above) and the correspondence with the Council's Proposal for a regulation on filiation, noting the competence, the applicable law, respectively the recognition. Next, the paper will present the competent authorities from the perspective of the proposed Regulation and Romanian law. In conclusion, the authors will present de lege ferenda what changes would be made to the provisions of Romanian law by adopting the Proposal for a Regulation of the Council regarding jurisdiction, the applicable law, the recognition of court decisions and the acceptance of authentic documents in matters of filiation and regarding the creation of a European certificate of filiation considering that there will be rules of immediate application. Keywords: Central authorities; Child; Filiation; Parents; Private international law; Romanian law.

Создание, продвижение и распространение знаний на основе научно-исследовательской деятельности в области международно-правовой науки (на примере международного трудового права)

The article is devoted to the analysis of the reflection of the provisions of Art. 5 of the 1998 World Declaration on Higher Education for the 21st Century on the need to advance knowledge through scientific research in the fields of natural sciences, humanities and the arts and disseminate their results using the example of the science of international labour law. The views of mainly domestic authors are examined in a historical perspective from the beginning of the 20th century to the present day on the place of international labour law in law, examples of scientific positions of representatives of the science of public international law, private international law, and labour law are given.

PARTICIPATION OF THE STATE IN INTERNATIONAL COMMERCIAL TRANSACTIONS (INTERNATIONAL COMMERCIAL ACTIVITY): IMMUNITY ISSUES

The article examines current trends in the development of state immunity in international commercial relations. The author characterizes and defines the concept of a commercial transaction while identifying the peculiarities of the state's participation in these relations as a subject of private international law. International legal instruments and national legislation in this area are analyzed. The author substantiates the necessity of applying limited immunity in international private law relations and places special emphasis on court practices.

Historical aspects of the emergence of private international law: ancient and medieval periods

Historical aspects of the emergence of private international law: ancient and medieval periods

Private International Law Bibliography 2023: U.S. and Foreign Sources in English

Private International Law Bibliography 2023: U.S. and Foreign Sources in English