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1 - International law

Published online by Cambridge University Press:  05 August 2012

Anthony Aust
Affiliation:
London School of Economics and Political Science
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Summary

The truth is that international law is neither a myth on the one hand, nor a panacea on the other, but just one institution among others which we can use for the building of a better international order.

Oppenheim. Oppenheim's International Law, 9th edn, London, 1992, p. 3–115

Shaw, International Law, 5th edn, Cambridge, 2003, pp. 1–246

Higgins, Problems and Process, Oxford, 1994, pp. 1–55

Brownlie, Principles of Public International Law, 6th edn, Oxford, 2003, pp. 3–68

Parry, The Sources and Evidences of International Law, Cambridge, 1965

First let us clear away any misunderstandings about private international law and transnational law.

Private international law/conflict of laws

Private international law is an unfortunate term for what is more properly and accurately called conflict of laws. That is the body of rules of the domestic law of a state which applies when a legal issue contains a foreign element, and it has to be decided whether a domestic court should apply foreign law or cede jurisdiction to a foreign court. Many of the rules are now found in legislation. Naturally, over time the domestic rules grow closer as states come to adopt similar solutions to the same problems, but they remain domestic law. Established in 1893, the Hague Conference on Private International Law seeks primarily to harmonise domestic rules on conflict of laws, and since 1954 has concluded some thirty-six multilateral treaties.

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Publisher: Cambridge University Press
Print publication year: 2005

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  • International law
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.004
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  • International law
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.004
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • International law
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.004
Available formats
×