On the Interface between Public and Private International Law: The Pocket Books of The Hague Academy of International Law / Les livres de poche de l'Académie de droit international de La Haye, cartea 64
Autor Campbell McLachlanen Limba Engleză Paperback – 3 sep 2025
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Specificații
ISBN-13: 9789004735712
ISBN-10: 9004735712
Pagini: 416
Dimensiuni: 110 x 180 mm
Greutate: 0.3 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria The Pocket Books of The Hague Academy of International Law / Les livres de poche de l'Académie de droit international de La Haye
ISBN-10: 9004735712
Pagini: 416
Dimensiuni: 110 x 180 mm
Greutate: 0.3 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria The Pocket Books of The Hague Academy of International Law / Les livres de poche de l'Académie de droit international de La Haye
Notă biografică
Campbell McLachlan KC is Professor of International Dispute Resolution in the University of Cambridge, where he is also a Fellow of Trinity Hall and of the Lauterpacht Centre for International Law. A New Zealander, his research focuses on issues that span public and private international law as they arise in international litigation and arbitration. He is a member of the Institut de Droit International and of the Permanent Court of Arbitration.
Cuprins
Preface
Part One On conceptions of law outside the State
Chapter I The public/private divide in international law
A On conceptions of law outside the State
B On the public/private divide in international law
C Lost in translation: Neglected issues at the interface
Chapter II On public international law
A The public functions of public international law
B The influence of private law on public international law
C Public international law recognition of a role for private international law
D Limitations of the public international law model
Chapter III On private international law
A The private function of private international law
B The influence of public international law on private international law
C Limitations and opportunities of the private international law model
Chapter IV International arbitration: a semi-autonomous system
A Introduction
B A private realm beyond the State
C Connections with national law: A matter of perspective
D Relation with public international law
E Is arbitration a transnational legal system?
Chapter V Transnational law beyond the State?
A Introduction
B Origins of an idea
C What is transnational law?
D Implications for contemporary practice
Part Two On the public/private interface
Chapter VI Public international law: pluralism or systemic integration?
A Introduction
B Public international law, plural or general?
C Public international law as a law of conflicts
D The search for system in international law
E The principle of systemic integration in treaty interpretation
Chapter VII State responsibility for the exercise of public power
A Introduction
B Foundations of State responsibility
C Relation with private law and private parties
Chapter VIII Foreign relations law: public power – private remedies
A Introduction
B Foreign relations law at the interface
C Five conceptions of foreign relations law
D Two contrasting applications
E Conclusions
Chapter IX Jurisdiction I: External exercise of public power
A Introduction
B The use and abuse of jurisdiction and extraterritoriality
C Proscription or prescription?
D Territoriality and extraterritoriality: Exercise of power and its constraint
E Jurisdiction and the responsibility of the State and its officials
Chapter X Jurisdiction II: The control of private parties
A Introduction
B The public/private divide
C Jurisdiction over corporations
D Regulatory control: Extraterritorial jurisdiction over effects
E Comity and the jurisdictional interests of other States
Part Three Private claims against the State
Chapter XI Immunities I: Public power
A Introduction
B The public functions of State immunity
C Customary immunity and its material sources
D Scope
E Immunity of individuals as State officials from international crimes
Chapter XII Immunities II: Private claims and the corporate State
A Introduction
B Immunity as allocation of jurisdiction over foreign States
C The concept of commerciality and its function in immunity cases
D The State-owned corporation: Private or public?
Chapter XIII Investment arbitration I: Public law in private process
A Introduction
B The hybrid public/private character of investment arbitration
C Public law elements
D Process fix: From arbitration to a standing court/appellate mechanism?
Chapter XIV Investment arbitration II: Applicable law – public and private
A Introduction
B A mixed system of applicable law
C Choice of law in investment arbitration
D Role of host State law
E Role of international law
Chapter XV The once and future science of international law
A Introduction: Law amid constant change
B International law as a science
C Characteristics of the contemporary international system
D Coherence
E Conclusion
Selected bibliography
About the Author
Part One On conceptions of law outside the State
Chapter I The public/private divide in international law
A On conceptions of law outside the State
B On the public/private divide in international law
C Lost in translation: Neglected issues at the interface
Chapter II On public international law
A The public functions of public international law
B The influence of private law on public international law
C Public international law recognition of a role for private international law
D Limitations of the public international law model
Chapter III On private international law
A The private function of private international law
B The influence of public international law on private international law
C Limitations and opportunities of the private international law model
Chapter IV International arbitration: a semi-autonomous system
A Introduction
B A private realm beyond the State
C Connections with national law: A matter of perspective
D Relation with public international law
E Is arbitration a transnational legal system?
Chapter V Transnational law beyond the State?
A Introduction
B Origins of an idea
C What is transnational law?
D Implications for contemporary practice
Part Two On the public/private interface
Chapter VI Public international law: pluralism or systemic integration?
A Introduction
B Public international law, plural or general?
C Public international law as a law of conflicts
D The search for system in international law
E The principle of systemic integration in treaty interpretation
Chapter VII State responsibility for the exercise of public power
A Introduction
B Foundations of State responsibility
C Relation with private law and private parties
Chapter VIII Foreign relations law: public power – private remedies
A Introduction
B Foreign relations law at the interface
C Five conceptions of foreign relations law
D Two contrasting applications
E Conclusions
Chapter IX Jurisdiction I: External exercise of public power
A Introduction
B The use and abuse of jurisdiction and extraterritoriality
C Proscription or prescription?
D Territoriality and extraterritoriality: Exercise of power and its constraint
E Jurisdiction and the responsibility of the State and its officials
Chapter X Jurisdiction II: The control of private parties
A Introduction
B The public/private divide
C Jurisdiction over corporations
D Regulatory control: Extraterritorial jurisdiction over effects
E Comity and the jurisdictional interests of other States
Part Three Private claims against the State
Chapter XI Immunities I: Public power
A Introduction
B The public functions of State immunity
C Customary immunity and its material sources
D Scope
E Immunity of individuals as State officials from international crimes
Chapter XII Immunities II: Private claims and the corporate State
A Introduction
B Immunity as allocation of jurisdiction over foreign States
C The concept of commerciality and its function in immunity cases
D The State-owned corporation: Private or public?
Chapter XIII Investment arbitration I: Public law in private process
A Introduction
B The hybrid public/private character of investment arbitration
C Public law elements
D Process fix: From arbitration to a standing court/appellate mechanism?
Chapter XIV Investment arbitration II: Applicable law – public and private
A Introduction
B A mixed system of applicable law
C Choice of law in investment arbitration
D Role of host State law
E Role of international law
Chapter XV The once and future science of international law
A Introduction: Law amid constant change
B International law as a science
C Characteristics of the contemporary international system
D Coherence
E Conclusion
Selected bibliography
About the Author