LJU4804 PRIVATE INTERNATIONAL LAW
EXAMINATION TEST 2026 COMPLETE
QUESTIONS AND VERIFIED SOLUTIONS
GRADED A+
⩥ Key instruments regulating international jurisdiction. Answer: -
Brussels I bis Regulation (1215/2012) - applies between EU Member
States
- 2005 Hague Convention - for exclusive choice-of-court agreements
- Lugano Convention (2007) - applies between EU and EFTA States
(Switzerland, Iceland, Norway)
- National rules - apply when no international convention is in place
⩥ What does jurisdiction determine?. Answer: It decides which court is
competent to hear the dispute.
⩥ Is jurisdiction neutral?. Answer: No! Jurisdiction is never neutral — it
can affect the outcome of the case.
⩥ Are the connecting factors used to assign jurisdiction neutral?.
Answer: Yes. Factors like domicile or place of contract are considered
neutral tools to assign jurisdiction.
,⩥ Jurisdictional bases in international law. Answer: - territoriality
- nationality
- passive personality
- protective principle
- universal jurisdiction
- consent
⩥ what is territoriality?. Answer: The event or person is connected to the
territory. Most accepted.
⩥ what is nationality?. Answer: Involves a national of the State.
⩥ what is passive personality?. Answer: The victim is a national.
⩥ what is protective principle?. Answer: For protecting weaker parties
(e.g., consumers).
⩥ what is universal jurisdiction?. Answer: For serious crimes (not
common in PIL).
⩥ what is consent?. Answer: Parties agree to submit to a court, either
explicitly or tacitly.
, ⩥ What is express consent in jurisdiction?. Answer: It's when the parties
explicitly agree, for example in a contract, to submit to a specific court.
⩥ What is tacit consent in jurisdiction?. Answer: It's when the defendant
appears in court and doesn't object, which means implicit agreement to
that court's jurisdiction.
⩥ Who always initiates the jurisdiction process?. Answer: The claimant
(plaintiff) always starts the process by filing the claim.
⩥ What is the dual system of jurisdiction in the EU?. Answer: EU
Member States apply two systems of jurisdiction: EU rules and national
law.
⩥ When do EU courts apply national law instead of the Brussels I bis
Regulation?. Answer: When the Regulation does not apply, like in
arbitration cases or excluded matters.
⩥ What is the main difference between the Brussels I bis Regulation and
the Lugano Convention?. Answer: - Brussels I bis applies in the 27 EU
Member States.
- Lugano Convention applies in Norway, Iceland, and Switzerland.
⩥ Are Brussels I bis and Lugano Convention similar in content?.
Answer: Yes. Lugano is based on the same content as Brussels I bis
EXAMINATION TEST 2026 COMPLETE
QUESTIONS AND VERIFIED SOLUTIONS
GRADED A+
⩥ Key instruments regulating international jurisdiction. Answer: -
Brussels I bis Regulation (1215/2012) - applies between EU Member
States
- 2005 Hague Convention - for exclusive choice-of-court agreements
- Lugano Convention (2007) - applies between EU and EFTA States
(Switzerland, Iceland, Norway)
- National rules - apply when no international convention is in place
⩥ What does jurisdiction determine?. Answer: It decides which court is
competent to hear the dispute.
⩥ Is jurisdiction neutral?. Answer: No! Jurisdiction is never neutral — it
can affect the outcome of the case.
⩥ Are the connecting factors used to assign jurisdiction neutral?.
Answer: Yes. Factors like domicile or place of contract are considered
neutral tools to assign jurisdiction.
,⩥ Jurisdictional bases in international law. Answer: - territoriality
- nationality
- passive personality
- protective principle
- universal jurisdiction
- consent
⩥ what is territoriality?. Answer: The event or person is connected to the
territory. Most accepted.
⩥ what is nationality?. Answer: Involves a national of the State.
⩥ what is passive personality?. Answer: The victim is a national.
⩥ what is protective principle?. Answer: For protecting weaker parties
(e.g., consumers).
⩥ what is universal jurisdiction?. Answer: For serious crimes (not
common in PIL).
⩥ what is consent?. Answer: Parties agree to submit to a court, either
explicitly or tacitly.
, ⩥ What is express consent in jurisdiction?. Answer: It's when the parties
explicitly agree, for example in a contract, to submit to a specific court.
⩥ What is tacit consent in jurisdiction?. Answer: It's when the defendant
appears in court and doesn't object, which means implicit agreement to
that court's jurisdiction.
⩥ Who always initiates the jurisdiction process?. Answer: The claimant
(plaintiff) always starts the process by filing the claim.
⩥ What is the dual system of jurisdiction in the EU?. Answer: EU
Member States apply two systems of jurisdiction: EU rules and national
law.
⩥ When do EU courts apply national law instead of the Brussels I bis
Regulation?. Answer: When the Regulation does not apply, like in
arbitration cases or excluded matters.
⩥ What is the main difference between the Brussels I bis Regulation and
the Lugano Convention?. Answer: - Brussels I bis applies in the 27 EU
Member States.
- Lugano Convention applies in Norway, Iceland, and Switzerland.
⩥ Are Brussels I bis and Lugano Convention similar in content?.
Answer: Yes. Lugano is based on the same content as Brussels I bis
