Some error occured while loading the Quick View. Please close the Quick View and try reloading the page.
Domestic Application of International Law, by Y. Iwasawa, Professor at the University of Tokyo
This course examines theoretical and practical problems involved in the application of international law in domestic law comprehensively and critically. Special focus is given to the problem of direct applicability or self-executing character of international law. The text offers a framework which will enhance the understanding of the role of international law in domestic law and facilitate its application in domestic law. It puts forward such propositions as the following among others. Direct applicability is distinguished from domestic legal force, and domestic legal force is regarded as a prerequisite for direct applicability rather than vice versa. This recognition will make possible the adoption of a relative approach. Domestic law determines whether international law is directly applicable. Because the parties to a treaty are not concerned with the question of its direct applicability, intent of the parties should not be regarded as a decisive criterion.
The Internet – Privacy and Rights relating to Personality, by Javier Carrascosa González, Professor at the University of Murcia
This course shows different perspectives on jurisdiction, applicable law and enforcement of foreign judgments in the field of privacy and rights relating to personality on the Internet. Globality, complexity, diversity, ubiquity, mobility and high speed life make this issue difficult to deal with but absolutely necessary. The role of private international law in these situations has paramount relevance. Litigation has become international. Defamation and violation of personality rights, such as privacy, have become international as well. Nowadays, the determination of the courts hearing the case and the Law applicable to the merits of the litigation is of the essence for lawyers, parties and courts. This text shows the power of case law and academic literature as hidden but real law makers with regard to the matter.
This course examines theoretical and practical problems involved in the application of international law in domestic law comprehensively and critically. Special focus is given to the problem of direct applicability or self-executing character of international law. The text offers a framework which will enhance the understanding of the role of international law in domestic law and facilitate its application in domestic law. It puts forward such propositions as the following among others. Direct applicability is distinguished from domestic legal force, and domestic legal force is regarded as a prerequisite for direct applicability rather than vice versa. This recognition will make possible the adoption of a relative approach. Domestic law determines whether international law is directly applicable. Because the parties to a treaty are not concerned with the question of its direct applicability, intent of the parties should not be regarded as a decisive criterion.
The Internet – Privacy and Rights relating to Personality, by Javier Carrascosa González, Professor at the University of Murcia
This course shows different perspectives on jurisdiction, applicable law and enforcement of foreign judgments in the field of privacy and rights relating to personality on the Internet. Globality, complexity, diversity, ubiquity, mobility and high speed life make this issue difficult to deal with but absolutely necessary. The role of private international law in these situations has paramount relevance. Litigation has become international. Defamation and violation of personality rights, such as privacy, have become international as well. Nowadays, the determination of the courts hearing the case and the Law applicable to the merits of the litigation is of the essence for lawyers, parties and courts. This text shows the power of case law and academic literature as hidden but real law makers with regard to the matter.
Price: $199.00
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Collected Courses of The Hague Academy of International Law - Recueil des cours
Publication Date:
22 June 2016
ISBN: 9789004321250
Format: Hardcover
Co-publication with: The Hague Academy of International Law.
Yuji Iwasawa, born in Tokyo, Japan, June 1954. Studied at the University of Tokyo Faculty of Law (1973-1977), Harvard Law School, United States (1977-1978), and the University of Virginia School of Law, United States (1984-1986), receiving LL.B., LL.M. and S.J.D. degrees respectively. Professor of International Law, University of Tokyo Faculty of Law, Japan. Research Associate, University of Tokyo Faculty of Law (1977-1981). Associate Professor, Osaka City University Faculty of Law (1982-1996). Associate Professor (1996-1997), Professor (1997-2004), University of Tokyo Department of International Relations, Professor, University of Tokyo Faculty of Law (since 2005). Visiting Fellow, The Lauterpacht Research Centre for International Law, Cambridge, United Kingdom (1991-1993, 1997, 2000-2001). Overseas Fellow, Churchill College, Cambridge, United Kingdom (2000-2001). Visiting Professor, Columbia Law School, United States (2014). Chercheur invité, University Panthéon-Assas, France (2015-2016). Member (since 2007), Chairperson (2009-2011), Vice-Chairperson (2011-2013, 2015-2017), Human Rights Committee (ICCPR). Enlisted on the Indicative List of Panellists, World Trade Organization (since 1996). Enlisted on the Roster of Panellists for the Trade-Related Dispute Settlement, Energy Charter Treaty (since 2002). Associé, Institut de droit international (since 2015). Member (since 2004), Rapporteur (1995-2004), Committee on International Human Rights Law, International Law Association. International Advisor, Restatement (Fourth) of Foreign Relations Law of the United States (since 2015). Series Editor, International Law from Japanese Perspectives, Martinus Nijhoff (since 2001). Member, Editorial Board, Journal of International Economic Law (since 1997). Member, Science Council of Japan (since 2011). Member of the Executive Council (since 1997), Director for Research Planning (since 2014), Director for International Programs (2012-2014), Japanese Society of International Law. Member of the Executive Council (since 2006), Director of Planning (since 2006), Japan Branch of the International Law Association. Member of the Executive Council, Japanese Society of World Law (since 2011). Member of the Executive Council, International Human Rights Law Association, Japan (since 2003). Member of the Executive Council (since 2004), Director of Planning (2004-2006), Japanese Association of International Economic Law. Editor (since 2002), Editor-in-Chief (since 2014), International Law Documents (in Japanese). Co-editor (since 2013), Tokyo Review of International Law (in Japanese). Counsel for Japan, Whaling in the Antarctic case (Australia v. Japan), ICJ (2010-2014). Judge (2004-2013), Vice-President (2010-2013), Asian Development Bank Administrative Tribunal. Member, UN Permanent Forum on Indigenous Issues (2002-2004). Member, Permanent Group of Experts, WTO Agreement on Subsidies and Countervailing Measures (2003-2008). Arbitrator, Court of Arbitration for Sport, Lausanne, Switzerland (1997-2006). Eldon D. Foote Lecturer, University of Alberta, Edmonton, Canada (1997). Member, International Trade Law Committee (1996-2014) and Committee on the Future of the ILA (2000-2002), International Law Association. Organizer and Co-ordinator, Four Societies (Japan, Australia-New Zealand, Canada, United States) Conferences : Wellington (2006), Alberta (2008), Kobe (2010), Berkeley (2012), Canberra (2014). Coordinator and Editor, Trilateral (Japan, Canada, United States) Conferences : Tokyo (1994), Atlanta (1996), and Ottawa (2000).
Javier Carrascosa González, born on 12 October 1965 at Granada, Spain. Chair Professor of Private International Law at the University of Murcia, Spain. Graduated in Law at the University of Granada (1988) and earned Ph.D. at Law at the University of Bologna, Italy (1991), summa cum laude, as well as at the University of Granada, Spain (2002), cum laude. Director of Studies of the Seminars on Private International Law at the Hague Academy of International Law, English-speaking section, July 2005. Director, with Professor Dr. D. A.-L. Calvo Caravaca, of the books series “Ciencia Jurídica y Derecho Internacional”, “Derecho Transnacional”, Comares Publishing House, Granada, Spain, and “Derecho de la globalización”, Colex Publishing House, Madrid, Spain. Legal Advisor to the Ministry of Justice of Spain and to the Dirección General de los Registros y Notariado. Spain’s representative in the negotiations for the “Rome III” Regulation (law applicable to divorce). Visiting professor and lecturer at the University of Cagliari, Italy (July 2008 and July 2010). Erasmus professor and lecturer at the University of Rome III, Italy, since 2010. Member of the Commission on Private International Law of the Bar Association of Murcia. Main fields of expertise are focused on international contracts law, international tort law, international family law and international civil procedure. Different articles and contributions on private international law published in Spain, Germany, Britain, Italy, Portugal, France, United States, Argentina, Mexico, Colombia, Chile and Uruguay.
Yuji Iwasawa, born in Tokyo, Japan, June 1954. Studied at the University of Tokyo Faculty of Law (1973-1977), Harvard Law School, United States (1977-1978), and the University of Virginia School of Law, United States (1984-1986), receiving LL.B., LL.M. and S.J.D. degrees respectively. Professor of International Law, University of Tokyo Faculty of Law, Japan. Research Associate, University of Tokyo Faculty of Law (1977-1981). Associate Professor, Osaka City University Faculty of Law (1982-1996). Associate Professor (1996-1997), Professor (1997-2004), University of Tokyo Department of International Relations, Professor, University of Tokyo Faculty of Law (since 2005). Visiting Fellow, The Lauterpacht Research Centre for International Law, Cambridge, United Kingdom (1991-1993, 1997, 2000-2001). Overseas Fellow, Churchill College, Cambridge, United Kingdom (2000-2001). Visiting Professor, Columbia Law School, United States (2014). Chercheur invité, University Panthéon-Assas, France (2015-2016). Member (since 2007), Chairperson (2009-2011), Vice-Chairperson (2011-2013, 2015-2017), Human Rights Committee (ICCPR). Enlisted on the Indicative List of Panellists, World Trade Organization (since 1996). Enlisted on the Roster of Panellists for the Trade-Related Dispute Settlement, Energy Charter Treaty (since 2002). Associé, Institut de droit international (since 2015). Member (since 2004), Rapporteur (1995-2004), Committee on International Human Rights Law, International Law Association. International Advisor, Restatement (Fourth) of Foreign Relations Law of the United States (since 2015). Series Editor, International Law from Japanese Perspectives, Martinus Nijhoff (since 2001). Member, Editorial Board, Journal of International Economic Law (since 1997). Member, Science Council of Japan (since 2011). Member of the Executive Council (since 1997), Director for Research Planning (since 2014), Director for International Programs (2012-2014), Japanese Society of International Law. Member of the Executive Council (since 2006), Director of Planning (since 2006), Japan Branch of the International Law Association. Member of the Executive Council, Japanese Society of World Law (since 2011). Member of the Executive Council, International Human Rights Law Association, Japan (since 2003). Member of the Executive Council (since 2004), Director of Planning (2004-2006), Japanese Association of International Economic Law. Editor (since 2002), Editor-in-Chief (since 2014), International Law Documents (in Japanese). Co-editor (since 2013), Tokyo Review of International Law (in Japanese). Counsel for Japan, Whaling in the Antarctic case (Australia v. Japan), ICJ (2010-2014). Judge (2004-2013), Vice-President (2010-2013), Asian Development Bank Administrative Tribunal. Member, UN Permanent Forum on Indigenous Issues (2002-2004). Member, Permanent Group of Experts, WTO Agreement on Subsidies and Countervailing Measures (2003-2008). Arbitrator, Court of Arbitration for Sport, Lausanne, Switzerland (1997-2006). Eldon D. Foote Lecturer, University of Alberta, Edmonton, Canada (1997). Member, International Trade Law Committee (1996-2014) and Committee on the Future of the ILA (2000-2002), International Law Association. Organizer and Co-ordinator, Four Societies (Japan, Australia-New Zealand, Canada, United States) Conferences : Wellington (2006), Alberta (2008), Kobe (2010), Berkeley (2012), Canberra (2014). Coordinator and Editor, Trilateral (Japan, Canada, United States) Conferences : Tokyo (1994), Atlanta (1996), and Ottawa (2000).
Javier Carrascosa González, born on 12 October 1965 at Granada, Spain. Chair Professor of Private International Law at the University of Murcia, Spain. Graduated in Law at the University of Granada (1988) and earned Ph.D. at Law at the University of Bologna, Italy (1991), summa cum laude, as well as at the University of Granada, Spain (2002), cum laude. Director of Studies of the Seminars on Private International Law at the Hague Academy of International Law, English-speaking section, July 2005. Director, with Professor Dr. D. A.-L. Calvo Caravaca, of the books series “Ciencia Jurídica y Derecho Internacional”, “Derecho Transnacional”, Comares Publishing House, Granada, Spain, and “Derecho de la globalización”, Colex Publishing House, Madrid, Spain. Legal Advisor to the Ministry of Justice of Spain and to the Dirección General de los Registros y Notariado. Spain’s representative in the negotiations for the “Rome III” Regulation (law applicable to divorce). Visiting professor and lecturer at the University of Cagliari, Italy (July 2008 and July 2010). Erasmus professor and lecturer at the University of Rome III, Italy, since 2010. Member of the Commission on Private International Law of the Bar Association of Murcia. Main fields of expertise are focused on international contracts law, international tort law, international family law and international civil procedure. Different articles and contributions on private international law published in Spain, Germany, Britain, Italy, Portugal, France, United States, Argentina, Mexico, Colombia, Chile and Uruguay.