2Kinds of International Law
Lecture Outline:
i Kinds of International Law
i Distinction between the kinds of International Law
i When Private International Law becomes Public International law?
KINDS
PRIVATEINTERNATIONAL LAW
PUBLICINTERNATIONAL 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
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Kinds of International LawHome
Definitions
Gen. Sylbs
Cases
Part Intro
HEC Sylbs
Treaties
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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 GovernmentAdverse opinion of nations, fear of war, etc.
Distinction Between Private And Public International Law
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HEC Sylbs
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Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000)
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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
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Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000)
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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
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- 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)
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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
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Gen. Sylbs
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HEC Sylbs
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Analysis of the Case:
i Is it a case of Public International law or Private International Law?
i Why?
i If it is to be incorporated in a treaty or otherwise becomes customary that;i 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
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p A rule of Private International becomes Public International Law when;
i Incorporated into a Treaty by Nation States
i Converts into International Custom
i 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
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