swiss federal law on private international law act of december 18, 1987

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...

On Teaching International Law

Liabilities in Private Law

This article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that a...

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...