Podcast
Questions and Answers
What subject does Galahad NOT teach at the FED-Institute of Law?
What subject does Galahad NOT teach at the FED-Institute of Law?
- Consumer Law
- Conflict of Laws
- Public International Law
- Criminal Law (correct)
Which area is NOT mentioned as a topic for Galahad's MCLE lectures?
Which area is NOT mentioned as a topic for Galahad's MCLE lectures?
- Legal Ethics
- Environmental Law
- Contract Law (correct)
- International Law
What advocacy issue is Galahad involved in?
What advocacy issue is Galahad involved in?
- Corporate governance
- Environmental protection (correct)
- Tax reform
- Foreign investment
Which case specifically addresses Corporate Liability for Human Rights Violation?
Which case specifically addresses Corporate Liability for Human Rights Violation?
What legal principle governs the operations of corporations in different states?
What legal principle governs the operations of corporations in different states?
Which of these options describes a focus of International Law?
Which of these options describes a focus of International Law?
Which case primarily discusses the legal residence of corporations?
Which case primarily discusses the legal residence of corporations?
What is meant by the term 'domicile of corporations'?
What is meant by the term 'domicile of corporations'?
How is the Foreign Element related to Conflict of Laws?
How is the Foreign Element related to Conflict of Laws?
Which test is used to determine a corporation's nationality based on control?
Which test is used to determine a corporation's nationality based on control?
The term 'Forum Non Conveniens' is best described as:
The term 'Forum Non Conveniens' is best described as:
In discussions about corporate nationality, what does the Grandfather Rule refer to?
In discussions about corporate nationality, what does the Grandfather Rule refer to?
Which of these cases involves transformation to Customary International Law?
Which of these cases involves transformation to Customary International Law?
What type of shares does capitalist equity generally refer to in corporate law?
What type of shares does capitalist equity generally refer to in corporate law?
Which of the following cases addresses conflicts involving corporations?
Which of the following cases addresses conflicts involving corporations?
Which aspect of corporate law deals specifically with the jurisdictional aspects of corporations?
Which aspect of corporate law deals specifically with the jurisdictional aspects of corporations?
What is one example of public international law?
What is one example of public international law?
What term is used for the laws regulating private interactions across national frontiers?
What term is used for the laws regulating private interactions across national frontiers?
What distinguishes 'hard law' from 'soft law'?
What distinguishes 'hard law' from 'soft law'?
Which of the following is NOT considered a source of 'soft law'?
Which of the following is NOT considered a source of 'soft law'?
What is the primary objective of private international law?
What is the primary objective of private international law?
Which of the following best defines 'soft law'?
Which of the following best defines 'soft law'?
What has historically been the primary focus of international law?
What has historically been the primary focus of international law?
How have human rights laws changed the perception of international law?
How have human rights laws changed the perception of international law?
Which branch of international law governs the relationships between countries?
Which branch of international law governs the relationships between countries?
What role do international law now serve beyond maintaining peace between states?
What role do international law now serve beyond maintaining peace between states?
What is the role of customary international law?
What is the role of customary international law?
Under customary international law, how is the liability of corporations generally viewed?
Under customary international law, how is the liability of corporations generally viewed?
What is the act of state doctrine's status in Canadian law?
What is the act of state doctrine's status in Canadian law?
What is one characteristic of public international law?
What is one characteristic of public international law?
Which of the following can be considered examples of soft law?
Which of the following can be considered examples of soft law?
How has Canadian jurisprudence approached the principles underlying the act of state doctrine?
How has Canadian jurisprudence approached the principles underlying the act of state doctrine?
Which of the following are key components of human rights laws mentioned in the content?
Which of the following are key components of human rights laws mentioned in the content?
In the Nevsun Resources case, what was the nature of the claims made by the Eritrean workers?
In the Nevsun Resources case, what was the nature of the claims made by the Eritrean workers?
What have the developments in human rights law led to in terms of legal interpretation?
What have the developments in human rights law led to in terms of legal interpretation?
Who are the primary subjects of private international law?
Who are the primary subjects of private international law?
What does the act of state doctrine entail?
What does the act of state doctrine entail?
What recent trends are affecting the perception of subjects in public international law?
What recent trends are affecting the perception of subjects in public international law?
What was the outcome of Nevsun Resources' motion to strike the pleadings?
What was the outcome of Nevsun Resources' motion to strike the pleadings?
What distinguishes soft law from hard law?
What distinguishes soft law from hard law?
Study Notes
Introduction to Private International Law
- International Law consists of two branches: public international law, which governs state relations, and private international law, which regulates interactions across national borders.
- Private international law addresses conflict of laws, determining applicable municipal laws in cases involving multiple jurisdictions.
- The objective is to harmonize laws when conflicts arise between different states.
Distinctions Between Public and Private International Law
- Public International Law applies universally to states, whereas Private International Law applies to individuals and corporations.
- Public international law includes binding agreements known as "hard law," and an emergent category of "soft law," which consists of non-binding norms from international organizations.
- Human rights developments have positioned individuals and corporations as subjects of public international law, blurring traditional distinctions.
Nevsun Resources, Ltd. v. Araya
- Case: Eritrean workers filed a lawsuit in Canada against Nevsun Resources for violations of customary international law, specifically forced labor and human rights abuses.
- Key Issue 1: Standing - The court ruled the workers had standing to claim violations of customary international law.
- Key Issue 2: Act of State Doctrine - The doctrine was found not to apply in Canada, allowing the case to proceed.
Corporate Liability and International Law
- Over the past 70 years, the concept of individual rights has increasingly integrated individuals into international law frameworks, especially regarding human rights.
- Contemporary international law works to safeguard not only inter-state relations but also individual rights, including health, liberty, and education.
- Corporations are not wholly excluded from liability under customary international law for violations of clear norms.
Relevant Case Law
- Transformations to Customary International Law can be observed in various cases, shaping how domestic courts interpret international legal principles.
- Cases such as Abdullahi v. Pfizer and Kiobel v. Royal Dutch Petroleum Co. explore corporate responsibility and the application of international law in domestic jurisdictions.
Conclusion
- Private international law plays a vital role in determining legal frameworks applicable to transnational disputes, reflecting modern legal realities where individual and corporate responsibilities under international law are increasingly recognized.
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Description
Explore the fundamentals of Private International Law and its distinctions from Public International Law. Understand how conflicts of laws are resolved and the harmonization of laws between different jurisdictions. This quiz will test your knowledge on key concepts and principles pertinent to international relations.
