A juxtaposition of theories and relevant concepts in public and private international law shows that the coexistence of such branches of laws has encouraged the development of comparable methodologies and results. The result is that courts and scholars (usually) reason on common yet separate grounds. Whilst the relationship between public and private international law has often been studied to explore if there are principles and rules in public international law to which rules on jurisdiction and applicable law must abide, the aim of the work is to dwell on the effects of the application of EU law on international civil procedure over relevant public international law concepts. The case of sovereign debt and the international law of State immunity is taken here as a case study to explore the relevance and effects of a reversed influence, i.e. to what extent the application and enforcement of the Brussels Ibis Regulation of the European Union shape traditional theories and concepts of public international law.

Sovereign Debt and State Immunity: Towards a Loss of Dissonance Between Public and EU Private International Law?

stefano dominelli
2022

Abstract

A juxtaposition of theories and relevant concepts in public and private international law shows that the coexistence of such branches of laws has encouraged the development of comparable methodologies and results. The result is that courts and scholars (usually) reason on common yet separate grounds. Whilst the relationship between public and private international law has often been studied to explore if there are principles and rules in public international law to which rules on jurisdiction and applicable law must abide, the aim of the work is to dwell on the effects of the application of EU law on international civil procedure over relevant public international law concepts. The case of sovereign debt and the international law of State immunity is taken here as a case study to explore the relevance and effects of a reversed influence, i.e. to what extent the application and enforcement of the Brussels Ibis Regulation of the European Union shape traditional theories and concepts of public international law.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11567/1076636
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