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國際公法的跨領域觀點與其展望:從國際私法中的國際公法議題出發
Journal article

國際公法的跨領域觀點與其展望:從國際私法中的國際公法議題出發

居正 黃
國立臺灣大學法學論叢, Vol.40(特刊), pp.1551-1593
2011

Abstract

國際公法;國際私法;共同命題;時間上之衝突;即刻適用法;國際裁判管轄權;Public international law;Private international law;Confluence issues;Inter-temporal conflict;Les lois des police;International judicial jurisdiction

The initiation of modern private international law is at about the same time with the saturation of the Nation-State oriented public international law. Certain confluence issues of each other evidenced this historical context. With the advance of theories than judicial practice in the sphere of private international law, borrowing and re-contemplation of the thesis of public international law for the former become inevitable, which makes the thesis of public international law a necessary cogent section of private international law. However, these confluence issues are rarely discussed in local reference due to the very limited judicial practice. With the newly introduced amended Act for the Applicable Laws for the Civil Legal Relations with Foreign Elements and its innovative rules pertaining to the crosscuts such as the civil capacity, non-territorial conflict, inter-temporal conflict, les lois des police, and international jurisdiction, interpretation and application can no longer be conducted coherently without referring to the confluence thesis. Systemized and supplemental thinking close connected with public international law is therefore needed. This article is intending to deplore certain workable formulae, from the perspective of public international law, as a foundation to initiate the requsite new rules, as well as to further rationalize the process of private international law.

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