2. 2
Kinds of
International Law
Lecture Outline:
 Kinds of International Law
 Distinction between the kinds
of International Law
 When Private International
Law becomes Public
International law?

3. K
I
N
D
S
PRIVATE
INTERNATIONAL LAW
PUBLIC
INTERNATIONAL 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
2-3
Kinds of International Law
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4. 2-4
4
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 Government
Adverse opinion of nations,
fear of war, etc.
Distinction Between Private
And Public International Law
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5. 2-5
5

6. 2-6
Yahoo Incorporation Case:
(LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000)
6
6
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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

7. 2-7
Yahoo Incorporation Case:
(LICRA & UEJF v. Yahoo! Inc., T.GL Paris, May, 22, 2000)
7
7
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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:
Case Study

8. 2-8
- 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)
8
8
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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)
Case Study

9. 2-9
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Analysis of the Case:
 Is it a case of Public International law or
Private International Law?
 Why?
 If it is to be incorporated in a treaty or
otherwise becomes customary that;
 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

10. 2-10
10
 A rule of Private International becomes
Public International Law when;
 Incorporated into a Treaty by Nation
States
Converts into International Custom
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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11. 2-11
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