International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”): Jurisdiction

Rethinking Jurisdiction in International Law

Jurisdiction has traditionally been considered in international law as purely a question of the rights and powers of states. Conceived in this way, the rules on jurisdiction serve the important function of delimiting (while accepting some overlap of) state regulatory authority – the question of when a person or event may be subject to national regulation – a function which is shared with the co...

the decline of jurisdiction in private international law

the exercise of jurisdiction as a feature of sovereignty application of states has passed from traditional rule of territoriality and has included goods outside of state territory. the expansion of jurisdictional rule that has been justified on the basis of state interests and legitimate benefits of private persons imposed enormous costs on litigant parties and forums. the provision of public b...

evasion of law in private international law

it is generally accepted that no one is allowed to abuse his legal rights accorded by a country for evasion from some limitations provided by the same country and several laws and verdicts have considered and confirmed this requirement as a rule. nevertheless there is neither common sense about neither the conditions under which such a rule may be applied nor the reactions to be taken against s...

A Logical Model of Private International Law

We provide a logical analysis of private international law, the body of law establishing when courts of a country should decide a case (jurisdiction) and what legal system they should apply to this purpose (choice of law). A formal model of the resulting interaction among multiple legal systems is proposed based on modular argumentation. It is argued that the model provided might be useful for ...

On Teaching International Law