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Campbell McLachlan, On the Interface Between Public and Private International Law, General Course on International Law
Our understanding of the operation of law beyond the State has been deeply shaped by two great disciplines: public and private international law. Yet surprisingly little systematic attention has been devoted to the relationship between the two. This is the first General Course at the Academy to examine this interface comprehensively, looking at the impact of each system on the other. McLachlan argues that understanding how the interface operates is highly consequential for law’s capacity to control the State and the corporation, which are, respectively, the principal holders of public-political and private-economic power in the world.
Andrew Dickinson, Natural Justice in Recognition and Enforcement of Foreign Judgments
This special course assesses the utility of ideas of ‘natural law’ and ‘natural justice’ as tools to explain, rationalise and develop the rules governing the recognition and enforcement of foreign judgments currently applied by the world's legal orders.
After introducing the topic, the first part of the course consider how influential 17th and 18th century accounts of the law of nature sought to account for the relations existing between all human beings, as well as the creation of political societies with law-making powers, the global ordering of those societies and the role of adjudication as a means of resolving disputes within and among them. This provides the historical and intellectual background for what follows.
The principal part of the course considers how writers on the conflict of laws in this period drew upon and utilised these ideas, as the rules that we apply today to regulate foreign judgments began to take shape. This leads to a study of the further evolution of the legal landscape in the 19th century, highlighting the use of natural law reasoning by judges and commentators to explain and justify the effectiveness of individual exercises of adjudicatory authority beyond their original domains, as well as the later rejection of natural law thinking in favour of models centred on ideas of sovereignty and territoriality, which continue to dominate today.
Having completed this historical survey, the course examines the specific legacy of natural law reasoning in the common law world, involving the use of principles of ‘natural justice’ to deny recognition of unjust foreign judgments, as well as the counterparts of these principles in other legal systems and international treaties.
Drawing on the preceding material, the concluding chapter considers the case for renaturalising the law in this area, and the implications of following this path.
Our understanding of the operation of law beyond the State has been deeply shaped by two great disciplines: public and private international law. Yet surprisingly little systematic attention has been devoted to the relationship between the two. This is the first General Course at the Academy to examine this interface comprehensively, looking at the impact of each system on the other. McLachlan argues that understanding how the interface operates is highly consequential for law’s capacity to control the State and the corporation, which are, respectively, the principal holders of public-political and private-economic power in the world.
Andrew Dickinson, Natural Justice in Recognition and Enforcement of Foreign Judgments
This special course assesses the utility of ideas of ‘natural law’ and ‘natural justice’ as tools to explain, rationalise and develop the rules governing the recognition and enforcement of foreign judgments currently applied by the world's legal orders.
After introducing the topic, the first part of the course consider how influential 17th and 18th century accounts of the law of nature sought to account for the relations existing between all human beings, as well as the creation of political societies with law-making powers, the global ordering of those societies and the role of adjudication as a means of resolving disputes within and among them. This provides the historical and intellectual background for what follows.
The principal part of the course considers how writers on the conflict of laws in this period drew upon and utilised these ideas, as the rules that we apply today to regulate foreign judgments began to take shape. This leads to a study of the further evolution of the legal landscape in the 19th century, highlighting the use of natural law reasoning by judges and commentators to explain and justify the effectiveness of individual exercises of adjudicatory authority beyond their original domains, as well as the later rejection of natural law thinking in favour of models centred on ideas of sovereignty and territoriality, which continue to dominate today.
Having completed this historical survey, the course examines the specific legacy of natural law reasoning in the common law world, involving the use of principles of ‘natural justice’ to deny recognition of unjust foreign judgments, as well as the counterparts of these principles in other legal systems and international treaties.
Drawing on the preceding material, the concluding chapter considers the case for renaturalising the law in this area, and the implications of following this path.
Price: $199.00
Pages: 560
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Collected Courses of The Hague Academy of International Law - Recueil des cours
Publication Date:
10 July 2025
ISBN: 9789004741737
Format: Hardcover
Campbell McLachlan, born 15 April 1960, in Christchurch, New Zealand.
LLB (Hons) (Well), 1983; Diploma cum laude, Hague Academy of International Law 1985; Commonwealth Scholar; PhD (London) 1988.
Barrister of the High Court of New Zealand (call 1984); Queen’s (now King’s) Counsel (call 2007).
Professor of International Dispute Resolution, University of Cambridge; Fellow of Trinity Hall Cambridge (2024). Previously: Professor of Law, Victoria University of Wellington (2003-2024); Arthur Goodhart Visiting Professor of Legal Science, University of Cambridge (2022-2023); Visiting Fellow, All Souls’ College Oxford (2011); Senior Research Fellow, Kolleg-Forschungsgruppe “International rule of law: Rise or decline?”, Berlin (2019-2020); Partner, Herbert Smith (1992-2003). Institut de Droit International: Associé, 2015, Membre 2021, Rapporteur, 18th Commission “Equality of Parties before International Investment Tribunals” (2017-2021).
Australian & New Zealand Society of International Law, President (2006-2009).
International Law Association: Rapporteur, Committee on International Civil and Commercial Litigation (1992-2002); Co-Chair, Study Group on the Practice and Procedure of International Courts and Tribunals (2002-2010); Secretary, British Branch (1997-2002), New Zealand Branch (2003-2008).
American Law Institute: Member (2005-); International Advisor, Restatement Fourth Foreign Relations Law (2013-2018, 2023-).
Permanent Court of Arbitration, Member (2021-).
International Centre for Settlement of Investment Disputes, Member, Panel of Arbitrators (2007-).
Andrew Dickinson, born 1971 in Southport, United Kingdom. Educated at Dane Court Grammar School, Broadstairs.
Studied Law at St Edmund Hall, University of Oxford, BA Jurisprudence (1993); Bachelor of Civil Law (1994) (Vinerian Scholar).
Completed Legal Practice Course at the College of Law, Chester (1995). Qualified as a Solicitor, England and Wales (1997). Granted Higher Rights of Audience (2002).
Clifford Chance LLP (Solicitor, 1997-2003; Consultant Solicitor, 2003-2019). British Institute of International and Comparative Law (Visiting Fellow, 2003-2021; Honorary Senior Fellow, from 2021). University of Sydney (Visiting Professor 2010; Professor in Private International Law, 2011-2013). Max Planck Institute Luxembourg (External Scientific Fellow, 2013-2014). University of Oxford (Professor of Law, 2013-2023; Professor of the Conflict of Laws, from 2023). St Catherine’s College, University of Oxford (Tutorial Fellow in Law, from 2013; Senior Tutor, from 2025). Notre Dame Law School (Global Distinguished Visiting Professor, 2024). New York University School of Law (Scholar in Residence, 2024).
One of the Specialist Editors of Dicey, Morris & Collins – The Conflict of Laws, Lord Collins of Mapesbury and Jonathan Harris KC (gen. eds.), 15th and 16th eds. Member, UK Ministry of Justice Steering Committee on Private International Law (North, then Mance Committee), from 2006. Joint Series Editor, OUP Private International Law Series, from 2017. Founding Member of the editorial board of the Journal of Private International Law. Associate Member, International Academy of Comparative Law.
LLB (Hons) (Well), 1983; Diploma cum laude, Hague Academy of International Law 1985; Commonwealth Scholar; PhD (London) 1988.
Barrister of the High Court of New Zealand (call 1984); Queen’s (now King’s) Counsel (call 2007).
Professor of International Dispute Resolution, University of Cambridge; Fellow of Trinity Hall Cambridge (2024). Previously: Professor of Law, Victoria University of Wellington (2003-2024); Arthur Goodhart Visiting Professor of Legal Science, University of Cambridge (2022-2023); Visiting Fellow, All Souls’ College Oxford (2011); Senior Research Fellow, Kolleg-Forschungsgruppe “International rule of law: Rise or decline?”, Berlin (2019-2020); Partner, Herbert Smith (1992-2003). Institut de Droit International: Associé, 2015, Membre 2021, Rapporteur, 18th Commission “Equality of Parties before International Investment Tribunals” (2017-2021).
Australian & New Zealand Society of International Law, President (2006-2009).
International Law Association: Rapporteur, Committee on International Civil and Commercial Litigation (1992-2002); Co-Chair, Study Group on the Practice and Procedure of International Courts and Tribunals (2002-2010); Secretary, British Branch (1997-2002), New Zealand Branch (2003-2008).
American Law Institute: Member (2005-); International Advisor, Restatement Fourth Foreign Relations Law (2013-2018, 2023-).
Permanent Court of Arbitration, Member (2021-).
International Centre for Settlement of Investment Disputes, Member, Panel of Arbitrators (2007-).
Andrew Dickinson, born 1971 in Southport, United Kingdom. Educated at Dane Court Grammar School, Broadstairs.
Studied Law at St Edmund Hall, University of Oxford, BA Jurisprudence (1993); Bachelor of Civil Law (1994) (Vinerian Scholar).
Completed Legal Practice Course at the College of Law, Chester (1995). Qualified as a Solicitor, England and Wales (1997). Granted Higher Rights of Audience (2002).
Clifford Chance LLP (Solicitor, 1997-2003; Consultant Solicitor, 2003-2019). British Institute of International and Comparative Law (Visiting Fellow, 2003-2021; Honorary Senior Fellow, from 2021). University of Sydney (Visiting Professor 2010; Professor in Private International Law, 2011-2013). Max Planck Institute Luxembourg (External Scientific Fellow, 2013-2014). University of Oxford (Professor of Law, 2013-2023; Professor of the Conflict of Laws, from 2023). St Catherine’s College, University of Oxford (Tutorial Fellow in Law, from 2013; Senior Tutor, from 2025). Notre Dame Law School (Global Distinguished Visiting Professor, 2024). New York University School of Law (Scholar in Residence, 2024).
One of the Specialist Editors of Dicey, Morris & Collins – The Conflict of Laws, Lord Collins of Mapesbury and Jonathan Harris KC (gen. eds.), 15th and 16th eds. Member, UK Ministry of Justice Steering Committee on Private International Law (North, then Mance Committee), from 2006. Joint Series Editor, OUP Private International Law Series, from 2017. Founding Member of the editorial board of the Journal of Private International Law. Associate Member, International Academy of Comparative Law.