Positivism, fiction, conflict of laws: the understandings of private international law in the first half of the 20th century and their intellectual background
Seminar
Assistant Professor Futa Ishikawa, ANU Law Visitors Seminar

Date & time

19 March 2026 1:00pm - 2:00pm

Venue

Phillipa Weeks Library, Level 4, Building 7, ANU Law School

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Event description

In the first half of the 20th century, one of the central axes of the opposing understandings of private international law (PIL, conflict of laws) lay in how to explain the PIL legislated in many European countries throughout the 19th century: whether PIL is merely a national law (as refined by Roberto Ago) or has certain aspects of international law (as advocated by Ernst Zitelmann). Despite the sharp contrast, these opposing understandings nevertheless shared a background of double “positivism”, which consists in both their concept of international society and their intellectual process. This background, in this sense, characterises the understandings of PIL in that period. However, there was a possibility of another concept of international society, a different intellectual process, and thus a widely different understanding of PIL, which Dionisio Anzilotti conceived in his youth. This possibility also provides a key to approaching contemporary issues in this field.

Note: Registration is not required for this event.

Speakers

Assistant Professor Futa Ishikawa

Futa Ishikawa is an Assistant Professor at the University of Tokyo. He received his Juris Doctor (Magna Cum Laude) from the University of Tokyo in 2023 and subsequently joined the University of Tokyo as an Assistant Professor. His research focuses on Private International Law, with particular emphasis on its history and contemporary issues in international family law, as well as on the relationship between jurisprudence and historiography. In February 2026, he submitted a paper entitled “Private International Law and Fiction: The Understandings of Private International Law in the First Half of the 20th Century and their Intellectual Background” to the University of Tokyo, which forms the basis of this seminar.