AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 49 No 1 (2003), 175–181

Zdroje a analogie soukromého práva v mezinárodním právu veřejném

[Private Law Sources and Analogies in Public International Law]

Pavel Šturma

DOI: https://doi.org/10.14712/23366478.2025.177
published online: 13. 02. 2025

abstract

Public international law seems to be, prima facie, a part of public law in a common meaning of the word. The present contribution, however, seeks to call into question this widely accepted misconception. It starts from the definition of the very concept of international law as the Law of Nations, which is different from national law, both public and private. The term “Public International Law” is meaningful only in contradiction to the notion of “Private International Law”, dealing with the conflicts of laws (I.). Surprisingly, public international law (PIL) has some common features with the systems of private law. PIL is a horizontal system based on the equality of subjects (i.e. states). From the historical perspective, PIL has been younger than national law and therefore influenced by the latter, in particular through the general principles of law recognized by civilized nations, having the origin in private law. The main sources of PIL (treaty and custom) are very different from the sources of national public law, but have some analogies in private law. Private law origins and analogies are also pertinent in the field of codification of PIL, State succession and the responsibility of States (II.). The last part deals with one of the areas of coexistence or concurrent regulation of PIL and private law, namely that of international investments and loans, where one party to a contract is a sovereign state, while the other party is a private person. The example of one arbitration case before the International Centre for Settlement of Investment Disputes shows a complex nature of such transactions and disputes. The law governing the international (State) contracts may be, according to the choice of law clauses, a combination of PIL and national private law (III.).

Creative Commons License
Zdroje a analogie soukromého práva v mezinárodním právu veřejném is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

Download