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Chapter Summary

The most important exceptions concerns relations between the organization and its organs, including its officials and other individual members of its organs acting in that capacity. The choice of law depends, not only upon the nature of the legal relationship concerned, but also upon which organization is involved and upon the type of court before which the question arises and its particular conflict of laws. And the choice is not only between different systems of national law, or between the two types of legal systems into which traditionally all law is divided; national law and international law. The choice is between four different categories of legal systems: national law; internal law of the organization; international law; and general principles of law. Although none of the presumptions (jurisdictional and substantive) is general, they might combined appear to cover most cases that would arise, particularly since most contracts contain a jurisdictional clause.

Keywords:conflict of laws; external relations; internal relations; jurisdictional presumptions; substantive presumptions



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