Recueil des cours, Collected Courses, Tome 378
Domestic Application of International Law, by Y. Iwasawa, Professor at the University of Tokyo;
This course examines theoretical and practical problems involved in the application of international law in domestic law comprehensively and critically. Special focus is given to the problem of direct applicability or self-executing character of international law. The text offers a framework which will enhance the understanding of the role of international law in domestic law and facilitate its application in domestic law. It puts forward such propositions as the following among others. Direct applicability is distinguished from domestic legal force, and domestic legal force is regarded as a prerequisite for direct applicability rather than vice versa. This recognition will make possible the adoption of a relative approach. Domestic law determines whether international law is directly applicable. Because the parties to a treaty are not concerned with the question of its direct applicability, intent of the parties should not be regarded as a decisive criterion.
The Internet – Privacy and Rights relating to Personality, by Javier Carrascosa González, Professor at the University of Murcia:
This course shows different perspectives on jurisdiction, applicable law and enforcement of foreign judgments in the field of privacy and rights relating to personality on the Internet. Globality, complexity, diversity, ubiquity, mobility and high speed life make this issue difficult to deal with but absolutely necessary. The role of private international law in these situations has paramount relevance. Litigation has become international. Defamation and violation of personality rights, such as privacy, have become international as well. Nowadays, the determination of the courts hearing the case and the Law applicable to the merits of the litigation is of the essence for lawyers, parties and courts. This text shows the power of case law and academic literature as hidden but real law makers with regard to the matter.