Recueil des cours, Collected Courses, Tome/Volume 196 (1986)

Le Principe de Proximité dans le Droit international privé contemporain : General course on private international law , Paul Lagarde In the introduction to his general course on private international law, Paul Lagarde, Professor at the University of Paris I, points out that private international law can be considered as a law of connections, the most important question being that of the legal basis of the connections retained. The author points out that in this respect there is at least one point of almost general agreement: the affirmation of the necessity to arrive at a reasonable regulation of the "heterogeneous" legal relationship. From there on, the paths begin to diverge, separating notably the followers of Savigny on the one hand from the adepts of the "American revolution" on the other hand. Nevertheless, the idea that a legal relationship must be governed by the law of the country with which it maintains the closest connection, and that it must be attached as much as possible, to the nearest court of jurisdiction, has been established in western Europe. This is what the author calls the principle of proximity. The author first of all examines this principle of proximity relating to conflict of laws, before paying attention to conflicts of jurisdiction. Choice of Law and Choice of Forum in Transnational Transfer of Technology Transactions , Stanislaw Soltysinsky The objective of this course on Choice of Law and Choice of Forum in Transnational Transfer of Technology Transactions by Stanislaw Soltysinsky, professor of the University Mickiewicz in Poznan, is twofold. First of all, he analyses recent legal developments in the relevant fields on the basis of examples drawn from the systems of developed and developing countries. The second objective of this course is to identify real socio-economic rationales behind conflicting legal solutions. Professor Soltysinsky devotes the first chapter to choice of laws (and notably to its limitations), and the second chapter to the choice of forum. The Juridical Basis of a New International Order , Rafael Caldera In his lecture given in The Hague on July 8th, 1896, Rafael Caldera, former president of Venezuela, develops the topic of the juridical basis of a new international order that, while promoting social justice, will guarantee peace.