Campbell McLachlan , On the Interface Between Public and Private International Law, General Course on International Law PrefacePart One. On conceptions of law outside the StateChapter I. The public/private divide in international lawA. On conceptions of law outside the State 1. The state we are in 2. Peak law? 3. The function of law in the international community4. Different functions of law in a global communityB.

On the public/private divide in international law 1. Sovereignty and property 2. Two legal persons 3. Mixed identities: The East India companies 4. Choices of legal forms: Public or private? C. Lost in translation: Neglected issues at the interfaceChapter II. On public international lawA. The public functions of public international law 1.

Public international law as primarily a law of inter-State relations 2. Public purposesB. The influence of private law on public international law 1. Sources 2. Choice of law 3. Jurisdiction 4. International judicial cooperationC. Public international law recognition of a role for private international law 1.

The right to self-determination 2. Private law claims and statusD. Limitations of the public international law modelChapter III. On private international lawA. The private function of private international law 1. Allocative function: A system of secondary rules 2. Pluralism 3. Genealogy 4.

Private international law as a law of interpersonal relations 5. Private purposesB. The influence of public international law on private international law 1. Prescriptive jurisdiction 2. The functions of comity 3. Public international law as the applicable lawC. Limitations and opportunities of the private international law model 1. Opportunities 2.

LimitationsChapter IV. International arbitration: a semi-autonomous systemA. IntroductionB. A private realm beyond the State 1. Creation of the essential pillars of the contemporary system 2. Constituent elements 3. Character 4. Reliance on the techniques of private international lawC.

Connections with national law: A matter of perspectiveD. Relation with public international lawE. Is arbitration a transnational legal system? 1. Substantive law: A lex mercatoria ? 2. ProcedureChapter V. Transnational law beyond the State? A. IntroductionB. Origins of an ideaC.

What is transnational law? 1. A response to globalisation 2. Private elements of transnational regulation 3. The turn to legal pluralism 4. Transnational law codified 5. Transnational law as processD. Implications for contemporary practicePart Two. On the public/private interfaceChapter VI.

Public international law: pluralism or systemic integration? A. IntroductionB. Public international law, plural or general? C. Public international law as a law of conflicts 1. Regime theory and regime conflict in international relations 2. Limitations of the conflictual paradigm 3. The pluralist critiqueD. The search for system in international law 1.

Completeness 2. Legal stability 3. Unity 4. Coherence in legal reasoningE. The principle of systemic integration in treaty interpretation 1. Insights from practice 2. Introduction into the general rule of interpretation in the VCLT 3. Embrace in judicial practice 4.

Interpretation 5. The public purposes of systemic integrationChapter VII. State responsibility for the exercise of public powerA. IntroductionB. Foundations of State responsibility 1. Essential elements 2. The concept of the State 3. General approach 4.

Contribution to systemic integration of public international lawC. Relation with private law and private parties 1. Sources 2. Part one: Claims 3. Part two: Remedies 4. Private law and public international law claims distinguished 5. ConclusionChapter VIII. Foreign relations law: public power - private remediesA.

IntroductionB. Foreign relations law at the interface 1. A term of art? 2. Points of distinctionC. Five conceptions of foreign relations law 1. Exclusionary 2. Domestic reception of international law 3. Constitutional law 4.

Diplomatic 5. Allocative: Application of the techniques of private international lawD. Two contrasting applications 1. Private claim against State officials for external exercise of public power 2. Foreign State claim: Public or private? E. ConclusionsChapter IX. Jurisdiction I: External exercise of public powerA. IntroductionB.

The use and abuse of jurisdiction and extraterritoriality 1. Jurisdiction 2. ExtraterritorialityC. Proscription or prescription? 1. The function of connecting factors 2. Allocation and overlapping jurisdiction 3. Prescriptive, judicial and enforcement jurisdictionD. Territoriality and extraterritoriality: Exercise of power and its constraint 1.

The fallacy of reference to the doctrine of jurisdiction 2. A divided and tailored approach 3. Can international armed conflict be extra-jurisdictional? E. Jurisdiction and the responsibility of the State and its officials 1. State responsibility 2. Personal accountability of public officialsChapter X. Jurisdiction II: The control of private partiesA. IntroductionB.

The public/private divide 1. Public international law and the exercise of public power 2. Private international law and the resolution of transnational private disputes 3. ReassessmentC. Jurisdiction over corporations 1. Public international choice of law rules for corporations 2. Private international law rules on the recognition of corporations and branches 3. Private international law jurisdiction over parent companiesD.

Regulatory control: Extraterritorial jurisdiction over effects 1. The "effects doctrine" and extraterritoriality: A unilateral assertion 2. The response of other States 3. Development of a sufficiency of connection test 4. American retrenchmentE. Comity and the jurisdictional interests of other StatesPart Three. Private claims against the StateChapter XI. Immunities I: Public powerA.

IntroductionB. The public functions of State immunity 1. Jurisdictional immunities and the sovereign independence of States 2. Allocative function of limits on claims against foreign State 3. Connecting factorsC. Customary immunity and its material sources 1. National judicial decisions 2. National legislation 3.

State practice in the formulation of treatiesD. Scope 1. Types of immunity 2. Types of jurisdictionE. Immunity of individuals as State officials from international crimes 1. In a private civil claim 2. Individual responsibility for international crimes before national courts 3. Pinochet: Implied waiver of immunity under the suppression conventions 4.

The response of the ICJ 5. Controversy in the International Law CommissionChapter XII. Immunities II: Private claims and the corporate StateA. IntroductionB. Immunity as allocation of jurisdiction over foreign StatesC. The concept of commerciality and its function in immunity cases 1. Application of private international law to the foreign State 2. Test of commercialityD.

The State-owned corporation: Private or public? 1. The State-owned corporation in the law of immunities 2. Separate legal personality and governmental activities 3. State responsibility and the public bodyChapter XIII. Investment arbitration I: Public law in private processA. IntroductionB. The hybrid public/private character of investment arbitration 1. What is investment arbitration for? The alternative options 2.

The genesis of the ICSID Convention 3. Key private features of its designC. Public law elements 1. Internal 2. ExternalD. Process fix: From arbitration to a standing court/appellate mechanism? Chapter XIV. Investment arbitration II: Applicable law - public and privateA. IntroductionB.

A mixed system of applicable law 1. Reasons for choice of law 2. A continuing role for host State lawC. Choice of law in investment arbitration 1. The Tribunal''s powers 2. Myths and misconceptions about Article 42 ICSID Convention 3. The choice of law processD. Role of host State lawE.

Role of international law 1. Investment treaties and the principle of systemic integration 2. ApplicationsChapter XV. The once and future science of international lawA. Introduction: Law amid constant change 1. The return of the State 2. Evanescent nature of States and corporations 3. Waning of State engagement 4.

Academic criticismB. International law as a science 1. Key elements 2. Balance between stability and change 3. Fundamental enduring elementsC. Characteristics of the contemporary international system 1. Multilateralism as a system-constitutive process 2. Plural by design: Internal self-determination and private international lawD.

Coherence 1. Why systemic integration matters now 2. General principles of international lawE. Conclusion 1. Politics and law: A false opposition 2. The international communitySelected bibliography Andrew Dickinson , Natural Justice in Recognition and Enforcement of Foreign Judgments Chapter I. Foreign judgments in the conflict of lawsA. IntroductionB.

OutlineChapter II. A natural law toolboxA. Natural law and natural justiceB. Setting the sceneC. Natural libertyD. Equality and self-love in the natural orderE. Of (private) war and peaceF. Duties of humanity (mutual assistance) G.

Administering natural justiceH. The significance of the natural legal orderI. Political societies and the law of nature 1. The formation of political societies 2. The elasticity.