General Flashcards
Basic fact of the existence of PIL
The different legal systems applied in different space, time and subjects
What is the solution to the issues of the different legal systems of the world?
the technique to determine which legal system should we apply
Two objects of study of PIL
- Private legal relations
2. International element
Which two questions does PIL seek to respond to?
- In which court, tribunal, arbitrator will we seek remedy
2. What law should we apply to the facts of the case
three objects of study of PIL
- Legal personality: legal status
- Nationality
- Migration law
what are the three subgroups under legal personality-legal status
- Natural person
- Legal personality
- Legal capacity
Natural person
Human beings
Legal personality
this varies between different states. it can be corporations, and not human beings. ex: companies must be registered under the legal regime
Legal capacity
is the capacity to interact with others and oblige yourself to certain things. ex: a child of 16 cannot get married as does not have legal capacity
What determines the nationality of entities with a legal personality?
where the legal headquarter is located
What determines the nationality of natural persons?
birthplace, marriage etc
What does nationality help us determine?
the connection of a specific relationship. ex: marriage between nationals of different states and children of double nationality.
It is the old way of determining the legal subject.
What do the general provisions from EU law say about nationality?
nationality is not the most important aspect, but rather domiciliate. The court to judge a case would be the court of where they are domiciled. The court to judge a case would be the court of where they are domiciled. It makes it easier to sue for geographical reasons. That way, the national law cannot be discriminatory towards foreign nationals domiciled in the state
What is the legal standing?
the right to effective judicial protection, and execution of one’s right. A spatial and territorial application
relation between public international law and state jurisidiction
public international law sets limits for state jurisdiction and legal system
Purpose/ goals of conventional treaty sources
- create uniform standards
- Uniform law to be applied to private international law
- further international cooperation
difficulties arising from conventional treaty sources
- application of the treaty in the national jurisdiction of the states
- a uniform interpretation of the rules
- transition period between its creation and application as law
example of uniform regulation
Incoterms. a set of 11 internationally recognized rules which define the responsibilities of sellers and buyers
which issues do the EU private international law regulate?
issues such as freedoms and citizenship. the rights of Eu citizens to live in any EU country, cross border with ease and allow businesses to make full use of the Eu internal market
where is the legal basis for the Eu found?
in article 81.2 of the Treaty of the Functioning of the European Union(TFEU)
what issues are talked about in article 81.2 of the Treaty of the Functioning of the European Union(TFEU)?
That the European Parliament and Council shall adopt measures aimed at ensuring cross-border litigation, mutual recognition and enforcement, and over all cooperative measures for justice between the member states.
is the Eu private international law homogeneous?
no, it is fragmented
to whom does regulation 81.2 apply?
any person domiciled in a member state, no matter nationality
what is the object of regulation under EU PIL?
- Specific Int.Private Law regulations
- Mutual recognition of court judgments
- Others: consumer law
what are the two examples of the reception of EU law?
- Van gen & Loos Principle of Direct Effect: specific obligations to a member state
- Costa & Enel Primacy: in a contradiction between national and EU law, EU law prevails
what prevails in a conflict between International Private Law and EU In. Private Law
International Private Law
