5297 Introduction to Transnational Law - TRAIN-
François-Xavier Train (ADJUNCT)
Course Areas: International Law
Time: INTERSESSION Location:
Course Outline: 1) Introduction
§ definition of basic notions and mechanisms of Private International Law (International Law, Transnational Law, International situation or dispute; conflict of laws ; “conflict of jurisdiction”; forum shopping, Law shopping, “international public policy”, “lois de police” or (overriding) mandatory rules, Recognition and Enforcement of Foreign Judgments or Arbitral Awards, International Commercial Arbitration vs Investment Arbitration, etc.)
§ Various Methods to rule an international situation: the Conflict of Law Rules Method; The Substantial Rules Method; The “Lois de police” Method; The Recognition Method (comp. Vested Rights Theory)
2) The European Union Regulations on Conflict of laws and Jurisdictions
§ Overview of all the instruments, i.e. Regulations Rome I, II and II (forthcoming IV) on conflict of laws and Brussels I and II on conflict of jurisdictions
§ The issue of extraterritoriality of UE regulations
3) International contracts –
I – Which Court has jurisdiction ? (choice of forum clause, Brussels I, 2005 The Hague Convention)
II- Which law applies (choice of law clause or determination by the court or arbitral tribunals – The 1980 CISG Convention – The Lex Mercatoria; lois de police)
III- Recognition and Enforcement of Foreign Judgments and Arbitral Awards : conditions under European Law / National Laws
4) Family Law : different kinds of issues, i.e. : whether muslim notions should be recognized in France (such as repudiation, polygamy); whether one can ask that a right that has been granted to him/her in a foreign country while such right could not have been granted in France, be then recognized in France (vested rights theory vs fraud or forum shopping abuse / surrogate mother).
Course Notes: This class will meet on January 5, 6, 7, 8, 9, 10 from 9 AM - 1 PM with 6 minute break each day. This class will have a TAKE HOME exam.
Prerequisites: Some knowledge of aspects of international law or international contracting is recommended.
First Day Assignments:
Final Exam Schedule:
This course will have:
Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No