Chapter

The International Court of Justice and Private International Law Thoughts The Lalive Lecture Series 9 July 2007

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0103
The International Court of Justice and Private International Law Thoughts The Lalive Lecture Series 9 July 2007

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What is the essence of private international law? Typically referred to as constituting ‘the essence’ are topics related to: jurisdiction to hear and determine a case; the applicable law; the recognition and enforcement of foreign judgments or awards. These topics have their own life, too, at the International Court of Justice, but they arise somewhat differently from the way they present themselves in private international law. The combination of the need for consent to jurisdiction in a world of sovereign states, and the potential for controversy as to the meaning and scope of any consent given in advance, leads to the regrettable reality that a sizeable part of the Court’s case law is directed to the determination of its own jurisdiction. The various international courts and tribunals follow each other’s jurisprudence with interest. Two specific concepts of interest to both public and private international lawyers are res judicata and forum non conveniens.

Keywords: International Court of Justice; private international law; jurisdiction; applicable law; foreign judgments; sovereign states; consent; jurisprudence; res judicata; forum non conveniens

Chapter.  6150 words. 

Subjects: Public International Law

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