2Kinds of International Law

Lecture Outline:

i Kinds of International Law

i Distinction between the kinds of International Law

i When Private International Law becomes Public International law?

KINDS

PRIVATEINTERNATIONAL LAW

PUBLICINTERNATIONAL LAW

Determines that which law is

applicable in specific case containing a foreign element

Regulates the relationship between

Nation States and determines some

rights and duties for non-state entities

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Kinds of International LawHome

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Features Private International law Public International Law

Subjects

Source

Nature

Sanction

Individual of one or more countries

Nation States

Municipal Law – State Legislature

Treaties customs and Inter. Tribunals – Nation States

More Civil – Differs from State to State

Both Civil & Criminal – Same for all States

Concerned State GovernmentAdverse opinion of nations, fear of war, etc.

Distinction Between Private And Public International Law

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Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000)

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Facts of the Case:- Yahoo Inc. advertised an auction website accessible in France- The auction was offering different Nazi Memorabilia (flags, stamps

and military souvenirs)- The display of Nazi memorabilia is illegal under French Law

- Two French Public Interest Groups sued Yahoo Inc. under R.645-2 of French Criminal Code.

- Court heard a team of experts - Court concluded that it was technically possible to block the access in France

- The display of Nazi memorabilia is illegal under French Law

Case Study

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Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000)

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Plaintiff’s Arguments: - That Yahoo Inc. Website is accessible

in France and violating French Law.

- Speech Argument: That website message was speech protected under the First Amendment to the U.S. Constitution.

- Impossibility Argument: That it is impossible for Yahoo Inc. to block or filter the website in France.

Yahoo Inc. Arguments:

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- The Court ordered Yahoo Inc. “To take such measures as will dissuade and render impossible any and all consultation on Yahoo.com of the auction service of Nazi objects as well as any other site or service which makes apologies of Nazism or questions the existence of Nazi crimes”

Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000)

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Courts Findings:

- Yahoo Inc. was given 3 months period to comply with the order- In case of non-compliance – imposed a daily fine of FF100,000

(US $ 13,300)

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Analysis of the Case:

i Is it a case of Public International law or Private International Law?

i Why?

i If it is to be incorporated in a treaty or otherwise becomes customary that;i It is the responsibility of the receiving

State to arrange for filtering of the web information.

Shall it be a rule of Private International law or Public International Law?

Yahoo Incorporation Case: (LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000)

Distinction Between Private And Public International Law

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p A rule of Private International becomes Public International Law when;

i Incorporated into a Treaty by Nation States

i Converts into International Custom

i Established in a decision of International Judicial Tribunals as a General Principal of Law recognized by civilized Nations

When Private International Law Become Public International Law

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