Recueil Des Cours, Collected Courses, Tome 451 - (Collected Courses of the Hague Academy of International Law) (Hardcover)

About the Book

Responses to a Legally Fragmented World: A Private Law Perspective, General Course of Private International Law by Francisco Garcimartin
Practicing before the International Court of Justice: What I Learned since the Nicaragua Case, Inaugural Lecture by Paul Reichler

Book Synopsis

Responses to a Legally Fragmented World: A Private Law Perspective, General Course of Private International Law by Francisco Garcimartin

Two distinctive features of contemporary private international law are its methodological plurality and normative versatility. The methodological plurality entails a combination of techniques to deal with cross-border cases. The normative versality entails the use of these techniques for different and even conflicting policies. This course explores these characteristics and presents a series of arguments for critically addressing them. The general premise that underpins the entire course is the heuristic value of emphasizing its private law nature. Private international law is fundamentally private law, and the conceptual framework and principles of private law are essential for understanding, organizing, and rationalizing its analysis.
Practicing before the International Court of Justice: What I Learned since the Nicaragua Case, Inaugural Lecture by Paul Reichler

In this presentation, Mr. Reichler reflects on his practice litigating cases before the International Court of Justice since his first appearance before the Court in 1984 inNicaragua v. United States, and lessons learned during the past five decades about the Court itself, the unique and indispensable role it plays in the rules-based international legal order, and the special obligations on counsel who appear before it that extend beyond those to which counsel are accustomed when they litigate in national courts.

About the Author

Francisco Garcimartín, born 13 June 1964, in Madrid. He is a Chair Professor of Law at the Universidad Autónoma de Madrid. He has represented the Spanish Government as national expert in different international organizations, such as UNIDROIT, UNCITRAL, The Hague Conference or the Council of the European Union.
Member of the EU Commission's Expert Groups on insolvency and restructuring; and assignment of claims and securities.
Member of the UNCITRAL Expert Group on Applicable Law in insolvency.
Member of the Expert Group appointed by the Spanish Justice Ministry to implement the EU Directive on restructuring frameworks and second chance in Spain, the EU Directive on representative actions or the EU Directive on strategic lawsuits against public participation.
Member of the Spanish Law Commission.
Honoraire member of the European Group of Private International Law.
Member of the International Academy of Comparative Law.
Member of the International Insolvency Institute and INSOL Europe.
Member of the editorial or scientific board of the Journal of Private International law, Rivista di diritto internazionale privato e processuale, Anuario Español de Derecho International Privado, Cuadernos de Derecho Transnacional, InDret, Revista para el Análisis del Derecho, La Ley. Unión Europea, Revista General de Insolvencias y Reestructuraciones.
Lawyer (Consultant) at Linklaters SLP.

Paul Reichler was born in New York in 1947 and resides in Washington, DC. He has practiced public international law for over forty-five years, specializing in representing States in disputes before the International Court of Justice. His most notable cases are:
Nicaragua v. United States (counsel for Nicaragua); Argentina v. Uruguay (counsel for Uruguay); Georgia v. Russia (counsel for Georgia);
Nicaragua v. Colombia (counsel for Nicaragua in three cases);
Gambia v. Myanmar (counsel for Gambia).
Advisory Proceedings on the Legality of Israel's Occupation of the Palestinian Territory (counsel for Palestine).
Advisory Proceedings on Israel's Obligations regarding the Provision of Humanitarian Assistance to the Civilian Population of Gaza (counsel to Palestine).
He also represented the Philippines against China in the South China Sea Arbitration; and Bangladesh (against Myanmar) and Ghana (against Côte d'Ivoire) before the International Tribunal for the Law of the Sea.
He is currently a Member of 11 King's Bench Walk Chambers in London.