Private International Law

Introduction

Private International Law - Research Guide International Law

Private International Law or International Private Law governs the choice of law to apply when there are conflicts in the domestic law of different countries related to private transactions. This means that there is a dispute or transaction that involves one of the following:

  • what jurisdiction applies - choice of court, forum selection, renvoi (transfer of proceedings)
  • choice of applicable law
  • recognition or enforcement of a foreign judgment

In the United States, Canada, and Great Britain it is also known as conflict of laws.

National laws are the primary sources of Private International Law. Private International Law is also embodied in treaties and conventions, model laws, legal guides, and other instruments that regulate transactions. Private International Law deals with a variety of topics, such as (international) contracts, torts (lex loci delicti), family matters, recognition of judgments, child adoption and abduction, real property (lex rei sitae), intellectual property.

This Research Guide is intended as a starting point for research in the field of Private International Law in General. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library's systematic classification → Private international law and subject heading (keyword) Private International Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

Books

Leading articles

Documents

Periodicals, serial publications

Bibliographies

Systematic classification → Private international law

In General

Law of Persons, Family Law and Related Matters

Commercial Law, incl. Contracts and Corporations

Torts

Law of Procedure

New titles


1. Requirements of lawful taking of foreign property in international law
Requirements of lawful taking of foreign property in international law / Zoltán Víg, Slobodan Doklestić. - Szeged : Iurisperitus Kiadó, 2016. - 135 pages. ; 24 cm. - (Fundamenta fontium juris, ISSN 2061-1609 ; 8) On cover: Pólay Elemér Alapítvány. - Includes bibliography (pages 127-135). - 2016
Keywords: Alien property, Expropriation, Foreign direct investment, Property, Private international law,

2. Money Had and Received
Money Had and Received / Zachary Douglas and Andrew Bodnar. - Oxford, United Kingdom : Oxford University Press. - Pages 333-346 In: Banks and Financial Crime : The International Law of Tainted Money / edited by Sir William Blair, Richard Brent, Dr. Tom Grant, ISBN 9780198716587: (2017), Pages 333-346. - 2017
Keywords: Great Britain, Finances, Unjust enrichment, Private international law,

3. Knowing Receipt
Knowing Receipt / Zachary Douglas and Andrew Bodnar. - Oxford, United Kingdom : Oxford University Press. - Pages 347-357 In: Banks and Financial Crime : The International Law of Tainted Money / edited by Sir William Blair, Richard Brent, Dr. Tom Grant, ISBN 9780198716587: (2017), Pages 347-357. - 2017
Keywords: Great Britain, Trusts, Claims, Private international law,

4. Dishonest Assistance
Dishonest Assistance / Zachary Douglas and Andrew Bodnar. - Oxford, United Kingdom : Oxford University Press. - Pages 359-368 In: Banks and Financial Crime : The International Law of Tainted Money / edited by Sir William Blair, Richard Brent, Dr. Tom Grant, ISBN 9780198716587: (2017), Pages 359-368. - 2017
Keywords: Great Britain, Claims, Trusts, Private international law,

5. Deceit
Deceit / Zachary Douglas and Andrew Bodnar. - Oxford, United Kingdom : Oxford University Press. - Pages 369-374 In: Banks and Financial Crime : The International Law of Tainted Money / edited by Sir William Blair, Richard Brent, Dr. Tom Grant, ISBN 9780198716587: (2017), Pages 369-374. - 2017
Keywords: Great Britain, Deceit, Torts, Private international law,

6. Conspiracy
Conspiracy / Zachary Douglas and Andrew Bodnar. - Oxford, United Kingdom : Oxford University Press. - Pages 375-380 In: Banks and Financial Crime : The International Law of Tainted Money / edited by Sir William Blair, Richard Brent, Dr. Tom Grant, ISBN 9780198716587: (2017), Pages 375-380. - 2017
Keywords: Great Britain, Conspiracy, Torts, Private international law,

7. Investigations and Remedies under POCA 2002
Investigations and Remedies under POCA 2002 / Jonathan Peddie. - Oxford, United Kingdom : Oxford University Press. - Pages 385-419 In: Banks and Financial Crime : The International Law of Tainted Money / edited by Sir William Blair, Richard Brent, Dr. Tom Grant, ISBN 9780198716587: (2017), Pages 385-419. - 2017
Keywords: Great Britain, Conspiracy, Torts, Private international law,

8. Interlandelijke adoptie en kinderrechten: gewogen en te licht bevonden
Interlandelijke adoptie en kinderrechten: gewogen en te licht bevonden / Prof. dr. W. Vandenhole In: Tijdschrift voor familie- en jeugdrecht = ISSN 0165-0084: vol. 39, issue 4, page 88-96. - 2017
Keywords: The Netherlands, Convention on the Rights of the Child (New York, 20 November 1989), Children, Children's rights, Adoption, Private international law,

9. Close the Door on Your Way Out
Close the Door on Your Way Out : Free Movement of Judgments in Civil Matters - A 'Brexit' Case Study / Andrew Dickinson In: Zeitschrift für europäisches Privatrecht = ISSN 0943-3929: vol. 25 (2017), issue 3, page 539-568. - 2017
Keywords: Great Britain, European Union, Brexit, Civil justice, Jurisdiction, Recognition and enforcement of foreign judgments, Private international law,

10. Vive le pluralisme!
Vive le pluralisme! : Bericht über die Private Law Session 2016 der Hague Academy of International Law / Alicia Pointner, Roman Wolf In: Zeitschrift für europäisches Privatrecht = ISSN 0943-3929: vol. 25 (2017), issue 3, page 737-745. - 2017
Keywords: The Hague Academy of International Law, Private international law, Pluralism, Conferences,

11. Private International Law
Private International Law / Johan Erauw. - Alphen aan den Rijn : Wolters Kluwer. - Pages 413-448 In: Introduction to Belgian Law / edited by Marc Kruithof, Walter De Bondt, ISBN 9789041167040: (2017), Pages 413-448. - 2017
Keywords: Belgium, Private international law, Conflict of laws,

Librarian's choice

  • Cuniberti, G., Conflict of Laws: a Comparative Approach: Text and Cases, Cheltenham, UK: Edward Elgar Publishing, 2017.

    The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply.
    Contrary to other manuals or casebooks, which focus on the law of one jurisdiction, this casebook offers a comparative treatment of the field. On each issue, materials from several jurisdictions are discussed and compared. The approach centers on comprehending the common principles of the field, but also highlights the fundamental differences.
    This casebook systematically presents and compares the laws of four jurisdictions: the United States, the European Union, France and England (where left untouched by EU harmonization). It offers additional insight into rules applicable in China and Japan and also discusses remarkable solutions adopted in a wide range of jurisdictions such as Italy, Germany, the Netherlands, Canada and Tunisia. All materials from non-English speaking jurisdictions have been translated into English.

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  • Fawcett, J.J., Shúilleabháin. M.N., Shah, S., Human Rights and Private International Law, Oxford: Oxford University Press, 2016.

    A comprehensive analysis of the relationship between human rights and private international law. Contains a focussed discussion of individual rights through human rights jurisprudence and the imapct of this on aspects of private international law. The book treats  numerous English private international law cases discussing human rights concerns arising in the commercial law context, alongside high profile cases dealing with torture and same sex marriage.The right to a fair trial is central to the intersection between human rights and private international law, and is considered in depth along with the right to freedom of expression; the right to respect for private and family life; the right to marry; the right to property; and the prohibition of discrimination on the ground of religion, sex, or nationality. Focussing on, though not confined to, the human rights set out in the ECHR, the work also examines the rights laid down under the EU Charter of Fundamental Rights and other international human rights instruments.

    View this title in our link resolver Plinklet

Database

Blogs

  • Interview Professor Yves Daudet

    Professor Daudet officially retired as Secretary-General of The Hague Academy of International Law. A special farewell ceremony and reception were held in his honor during which the new Secretary- General, Professor Jean- Marc Thouvenin was formally introduced. Mr Daudet graciously agreed to be interviewed. Find out more how he looks back on his time at the Academy, his many highlights and accomplishments and how he will continue to stay involved in the future of the Academy.

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  • The Harmonization of European Family Law: Work in Progress

    With the aim of offering citizens in the European Union legal certainty in cross border family law situations the EU has increasingly come to define key aspects of jurisdiction, applicable law and recognition and enforcement of judgments on divorce, maintenance, and disputes over children, including international child abduction, and provided new frameworks for cross-national cooperation. This blog gives an overview of the main EU regulations in the field of international family law.

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  • Towards a Toolbox for Nationality Legislation

    From 13 to 14 October Prof. Dr. Gerard–René de Groot will host his farewell seminar on the ”Future of nationality law” at Maastricht University. In this seminar specialists in the field of nationality law will discuss how academia and civil society can best collaborate in the fight to eradicate statelessness. With whole populations adrift, nationality and citizenship today are critically important to gain admittance in a state. Nationality is in fact commonly regarded as an inalienable right of every human being. Thus, the UN Universal Declaration of Human Rights (1948) states that “everyone has the right to a nationality” and that “no one shall be arbitrarily deprived of his nationality.”

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  • The Hague Academy of International Law: Celebrating 90 Years of Academic Excellence

    On July 24, 1923, ten years after the opening of the Peace Palace, the Hague Academy of International Law was solemnly inaugurated in the Peace Palace ‘to teach subjects which are most important from the point of view of theory, practice, legislation and international jurisprudence, in particular from deliberations of conferences and arbitral awards’ (Art. 3 of its statute adopted in 1914).

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  • Shell and Ogoni People : (s)oil pollution in the Niger Delta

    On January 30, 2013, the court (Rechtbank) in the Hague, The Netherlands, ruled that Royal Dutch Shell can be held partially responsible for pollution in Nigeria’s Niger Delta region and ordered it to pay damages to one farmer. The Dutch court dismissed four out of five allegations of the Ogoni people against the oil company. Although Shell blames the oil pollution to sabotage, activists say the case could set a precedent for damage claims related to the foreign activities of multinational companies.

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  • Immunities in Public and Private International Law - 9th Session of the Seminar for Advanced Studies, 13-19 January 2013

    Each year the Hague Academy of International law, one of the most renowned academic institutions in Europe, holds a seminar devoted to various aspects of public and private international law. The theme of this year’s seminar will be: ”Les immunités en droit international public et privé” (Immunities in public and private international law). This Programme of Advanced Studies will take place from 13 to 19 January 2013 at the Academy building in The Hague.

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  • Inspiration and innovation in international law and politics, 100 years Nobel peace prize Tobias Asser

    The conference in honor of the late Tobias Asser, a hundred years after receiving the Nobel peace prize, featured a day long program with various speakers, presentations and panel discussions. The following is a selection of the opinions delivered by some of the most prominent speakers on the subjects of public international law and private international law. For a more detailed account of the life and legacy of Tobias Asser, please see ‘The learned guide of our nation …’.

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  • The Special Commission on the implementation of the 2007 Child Support Convention and of the Protocol on Applicable Law

    From 10 to 17 November a Special Commission of the Conference on Private International Law (hereafter HCCH) on the implementation of the 2007 Child Support Convention and of the Protocol on Applicable Law will meet at the Peace Palace in The Hague. The Special Commission of the HCCH will discuss the implementation of the 2007 Child Support Convention and of the Protocol on Applicable Law. The new Convention aims to resolve the problems of unpaid or uncollectible child support and the problems of costly, complicated, slow and under-utilized international procedures. It will provide for a simplified procedure to recover child support internationally.

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  • Cultural Diversity

    On Monday the 17th of August 2009 the Centre for Studies and Research in International Law and International Relations of the Hague Academy of International Law started. The Centre takes place annually at the Academy and Library building of the Peace Palace. The purpose of the Centre is to bring together advanced young scholars of […]

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  • Shell Settles Nigerian Claims of Human Rights Violations

    On Monday, 8 June Royal Dutch Shell, Europe’s largest oil producer, reached a 15.5 million dollar settlement in a lawsuit brought against it by the families of the nine Nigerian activists who were killed in 1995. The lawsuit, which was brought to a New York court under the US Alien Tort Claims Act (ATCA), accused Shell’s Nigerian subsidiary of complicity in the hanging and the killings or persecution of the environmental activists.

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See also

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