Ch.01 private and public international law

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Ch.01 private and public international law

  1. 1. 2 Kinds of International Law Lecture Outline:  Kinds of International Law  Distinction between the kinds of International Law  When Private International Law becomes Public International law?
  2. 2. K I N D S PRIVATE INTERNATIONAL LAW PUBLIC INTERNATIONAL LAW Determines that which law is applicable in specific case containing a foreign element Regulates the relationship between Nation States and determines some rights and duties for non-state entities 2-3 Kinds of International Law Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties
  3. 3. 2-4 4 Features Private International law Public International Law Subjects Source Nature Sanction Individual of one or more countries Nation States Municipal Law – State Legislature Treaties customs and Inter. Tribunals – Nation States More Civil – Differs from State to State Both Civil & Criminal – Same for all States Concerned State Government Adverse opinion of nations, fear of war, etc. Distinction Between Private And Public International Law Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties
  4. 4. 2-5 5
  5. 5. 2-6 Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000) 6 6 Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties Facts of the Case: - Yahoo Inc. advertised an auction website accessible in France - The auction was offering different Nazi Memorabilia (flags, stamps and military souvenirs) - The display of Nazi memorabilia is illegal under French Law - Two French Public Interest Groups sued Yahoo Inc. under R.645-2 of French Criminal Code. - Court heard a team of experts - Court concluded that it was technically possible to block the access in France - The display of Nazi memorabilia is illegal under French Law Case Study
  6. 6. 2-7 Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000) 7 7 Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties Plaintiff’s Arguments: - That Yahoo Inc. Website is accessible in France and violating French Law. - Speech Argument: That website message was speech protected under the First Amendment to the U.S. Constitution. - Impossibility Argument: That it is impossible for Yahoo Inc. to block or filter the website in France. Yahoo Inc. Arguments: Case Study
  7. 7. 2-8 - The Court ordered Yahoo Inc. “To take such measures as will dissuade and render impossible any and all consultation on Yahoo.com of the auction service of Nazi objects as well as any other site or service which makes apologies of Nazism or questions the existence of Nazi crimes” Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000) 8 8 Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties Courts Findings: - Yahoo Inc. was given 3 months period to comply with the order - In case of non-compliance – imposed a daily fine of FF100,000 (US $ 13,300) Case Study
  8. 8. 2-9 9 Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties Analysis of the Case:  Is it a case of Public International law or Private International Law?  Why?  If it is to be incorporated in a treaty or otherwise becomes customary that;  It is the responsibility of the receiving State to arrange for filtering of the web information. Shall it be a rule of Private International law or Public International Law? Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000) Distinction Between Private And Public International Law
  9. 9. 2-10 10  A rule of Private International becomes Public International Law when;  Incorporated into a Treaty by Nation States Converts into International Custom Established in a decision of International Judicial Tribunals as a General Principal of Law recognized by civilized Nations When Private International Law Become Public International Law Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties
  10. 10. 2-11 Thank you

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