But it is at least problematical, whether an unjust sentence against a foreigner, where the subject of controversy was wholly relative to the lex loci
, would not, if unredressed, be an aggression upon his sovereign, as well as one which violated the stipulations of a treaty or the general law of nations.
Conflict of Laws: The Dichotomy Between Lex Loci
Protectionis and the Law of the Grantor
The principle of lex voluntatis replaced the old rule of obedience to the law of the place where the contract was concluded (lex loci
contractus), being enshrined within the jurisprudence since the beginning of last century (Melin, 2005: 175).
Then comes the lex loci
laboris' principle: companies must guarantee their posted workers "hard core" mandatory protection rules - involving work schedules, paid leave, minimum wage, health and safety - in the host country.
The void, if any, was a byproduct of the era's prevailing common law choice of law rule, lex loci
With regard to choice of law, the Defendants reject the use by the courts below of the lex loci
Matulionyte (Leibniz U., Germany) examines law related to international copyright, looking at the application of the territoriality principle and the lex loci
protectionis rule in the US and Europe.
Desmond once described the rule of lex loci
delicti as both "unjust and anomalous" in a nation that is essentially borderless, as it often leads to situations where the place of the accident is a result of merely fortuitous circumstances.
IV Recognition of Foreign Marriages not Complying with the lex loci
26 of the Rome II-Regulation states that "regarding infringement of intellectual property rights, the universally acknowledged principle of the lex loci
protectionis should be preserved".
protectionis, but this is not without objection from some