Judicial Decisions on Private International Law

Advance directives under state law and judicial decisions.

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 ...

Private Lawyer in Disguise? on the Absence of Private Law and Private International Law in Martti Koskenniemi’s Work

“Human rights are like love,” Koskenniemi suggests, “both necessary and impossible.” An eccentricity? Equations of law and love may seem like the stuff of poets, not legal theorists, let alone practitioners. And yet, Koskenniemi, the leading public international lawyer, finds among legal theorists an unlikely ally in his claim that law and love are interrelated. Ernest Weinrib, perhaps the lead...

Judicial Lawmaking and General Principles of Law in International Criminal Law

General principles of law are a primary mechanism for “gap-filling” in international criminal law. However, their interpretation by tribunals has been fitful, contradictory, and misguided. Given that general principles have been used to settle crucial legal issues that affect the rights of the accused, the confusion concerning their application threatens the legitimacy of international criminal...