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Conflict of Laws

In association with the Journal of Private International Law

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Last Entry: November 04, 2020 at 08:24:01

A Legislative Solution For Cross-Border Defamation Claims

Posted on May 14, 2008
The State of New York, and?recently?the United States Congress?are presently considering enacting laws that would give American authors legal recourse when they are sued abroad for defamation over literary works that would otherwise fall within the broad protections of the First Amendment to the United States Constitution...

Book: La Unión Europea ante el Derecho de la Globalización

Posted on May 12, 2008
An interesting volume, collecting the contributions presented at the Seminario de Otoño de Derecho Internacional Privado (Fall Seminar on Private International Law), hosted in October 2007 by the University Carlos III of Madrid, has been recently published by Editorial Colex, under the editorship of Prof...

Conference: ?Le droit français et le droit brésilien d?aujourd?hui : éléments de comparaison?

Posted on May 10, 2008
Centre du droit de l`enterprise at Université Robert Schuman (URS) organizes on 17 June 2008, at Maison Interuniversitaire des Sciences de l’Homme-Alsace (MISHA) (5 allée du Général Rouvillois, Strasbourg), a comparative law day with several private international law related topics on the agenda...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (3/2008)

Posted on May 09, 2008
Recently, the May/June issue of the German legal journal “Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was released. It contains the following articles/case notes (including the reviewed decisions): M. Stürner: “Staatenimmunität und Brüssel I-Verordnung ? Die zivilprozessuale Behandlung von Entschädigungsklagen wegen Kriegsverbrechen im Europäischen Justizraum” - The English abstract reads as follows: The article examines the impact of [...

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Developments in the Recognition of Foreign Class Action Judgments

Posted on May 08, 2008
With the courts of Canadian provinces willing to take jurisdiction over a ?national? class claim, involving a plaintiff class which includes members located in other provinces, and with American courts willing to take jurisdiction over ?international? classes, involving a plaintiff class which includes members located in Canada, Canadian courts are increasingly having to confront the [...

ECJ: Judgment on Service Regulation (Weiss und Partner)

Posted on May 08, 2008
Today, the ECJ delivered its judgment in case C-14/07 (Weiss und Partner). The German Federal Supreme Court (Bundesgerichtshof) had referred the following questions to the ECJ for a preliminary ruling: Must Article 8(1) of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil [...

Recent Article Entitled ?Pleading and Proving Foreign Law in Australia?

Posted on May 07, 2008
James McComish, my Australian Conflict of Laws.net co-editor, has recently had published an article entitled “Pleading and Proving Foreign Law in Australia” in volume 31(2) of the Melbourne University Law Review. The abstract reads: Foreign law lies at the heart of private international law...

Inconsistent State Laws in Australia

Posted on May 07, 2008
Australian commentators have long speculated about whether the federal Constitution contains any rule that would resolve a direct conflict between the statute law of two States. Thus far, the High Court has defused potential conflicts without the need for such a constitutional rule...

High Court of Australia Considers Hague Convention on Child Abduction

Posted on May 07, 2008
The High Court of Australia has recently addressed the Hague Convention on the Civil Aspects of International Child Abduction: MW v Director-General, Department of Community Services [2008] HCA 12. In a 3:2 decision, the Court considered that the Director-General (as State Central Authority) had not sufficiently established that the removal of a child from New [...

Rome II: a Critical Appraisal of the Conflict Rule on Culpa In Contrahendo

Posted on May 06, 2008
Prof. Rafael Arenas Garcia (Universitat Autònoma de Barcelona and Àrea de Dret Internacional Privat blog) has written an interesting article on the controversial issue of the law applicable to culpa in contrahendo, discussing the conflict rule set out in Art...

Interesting Case at the Confluence of Choice of Law, Comity and the Hague Abduction Convention

Posted on May 02, 2008
?At the heart of this sad case, which raises questions of international and federal law under the Hague [Abduction] Convention, is a custody battle over a young girl who has not seen either of her parents in years.? That was the lead-in from Judge Jordan to the recent decision by a three-judge panel of [...

Spanish Reference for a Preliminary Ruling on the Service Regulation

Posted on April 29, 2008
The Spanish Juzgado de Primera Instancia e Instrucción (Court of First Instance and Preliminary Investigations) No 5 of San Javier has referred the following questions to the European Court of Justice for a preliminary ruling on the interpretation of Reg...

Swiss Institute of Comparative Law: Proceedings of the Colloquium on the New Lugano Convention

Posted on April 24, 2008
The contributions presented at the 19th Journée de droit international privé, held in March 2007 at the Swiss Institute of Comparative Law (ISDC) and dedicated to the new Lugano Convention, have been published by Schulthess, under the editorship of Andrea Bonomi, Eleanor Cashin Ritaine and Gian Paolo Romano: La Convention de Lugano...

Advocate General?s Opinion in Case ?Grunkin and Paul?

Posted on April 24, 2008
Today, Advocate General Sharpston has delivered her opinion in case C-353/06 (Grunkin and Paul). The background of the case is as follows: The case concerns a child who was born in Denmark having, as well as his parents, only German nationality. The child was registered in Denmark ? in accordance with Danish law ? under the [...

Conference: International Law Association Conference 2008

Posted on April 22, 2008
The 73rd. Conference of the International Law Association, hosted by its Brazilian Branch, will take place in the city of Rio de Janeiro, at the InterContinental Hotel, August 17-21 2008. The central theme of the Conference will be “Law for the Future,” focusing on Natural Resources and Sustainable Development, Rights of the Human Person, Resolution [...

Conference: ABA International 2008 Fall Meeting

Posted on April 22, 2008
The ABA Section of International Law (ABA International) organizes its 2008 Fall Meeting in Brussels, Belgium, September 23-27 with several private international law related topics on the agenda. Read the letter of the Chair (Aaron Schildhaus) of the ABA Section of International Law (ABA International) here, and see the program agenda here...

Volume 4, Issue 1, Journal of Private International Law

Posted on April 22, 2008
The April 2008 issue of the Journal of Private International Law has just been published. The contents are (click on the links to view the abstracts on the Hart Publishing website): Articles M. Keyes, “Statutes, Choice of Law, and the Role of Forum Choice” Z...

Article: Jurisdiction for Insolvency-Related Proceedings

Posted on April 20, 2008
Anatol Dutta (Hamburg) has written an article on the German reference for a preliminary ruling in Seagon v. Deko Marty Belgium NV (Case C-339/07): Jurisdiction for insolvency-related proceedings caught between European legislation, Lloyd’s Maritime and Commercial Law Quarterly (LMCLQ) 2008, p...

Research School on Successful Dispute Settlement in International Law

Posted on April 18, 2008
The University of Heidelberg Law School awards in cooperation with the Max-Planck-Institute for Comparative Public Law and International Law Doctoral Research Positions (starting June 2008, duration: up to 3 years) for studies leading to a Doctorate in Law (Dr...

Book: The External Dimension of EC Private International Law in Family and Succession Matters

Posted on April 17, 2008
The papers presented at the international conference held in March 2007 at the University Carlo Cattaneo of Castellanza (see our previous post), and a final report drafted on the basis of the discussion that arose in the colloquium, have been published by CEDAM, under the editorship of Alberto Malatesta, Stefania Bariatti and Fausto Pocar: “EU [...

BIICL event: Cross-border insolvency of financial groups

Posted on April 15, 2008
As part of the BIICL’s 2007-2008 Seminar Series on Private International Law the BIICL organizes on Thursday 17 April 2008 17:30 to 19:30 (at British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London, WC1B 5JP) a seminar titled ?Financial Groups: A Fragmented EU Insolvency Regime?...

Rome I: Statements by the Council and the Commission on Insurance Contracts and by the French Delegation on Consumer Contracts

Posted on April 11, 2008
Following our post on the release of the final text of the Rome I Regulation, an internal document by the General Secretariat of the Council to the Permanent Representatives Committee (COREPER) confirms that the new Regulation will be soon adopted by the Council (doc...

Summer Seminar in Urbino

Posted on April 11, 2008
Readers of the blog may be interested in this summer seminar where many courses on conflicts are taught. The seminar has been hosted by the university of Urbino, Italy, for 50 years. Courses of Private International Law, Comparative Law and European Law are taught either in French or in Italian (with a translation in the other [...

Dutch Supreme Court Refers Questions on Article 5(3) Brussels I Regulation

Posted on April 10, 2008
Hoge Raad, 4 April 2008, Zuid-Chemie/Philippo?s Mineralenfabriek Nr. C06/310HR (link is to decision in Dutch). On Friday 4 April, the Dutch Supreme Court (Hoge Raad) made a preliminary reference to the ECJ, with regard to the interpretation of article 5(3) of Regulation 44/2001 (jurisdiction in matters relating to tort)...

The Croatian Administrative Court Ruling: Foreigners Eligible for Compensation for, or Return of, the Property in Croatia Taken During the Communist Era

Posted on April 09, 2008
On 14 February 2008, the Administrative Court of the Republic of Croatia rendered the first decision that will enable the return of the nationalised property to a foreigner. The right to return of or the right to be compensated for the apartment building, located in the centre of the Croatian capital Zagreb and taken immediately [...

Flashairlines and Judicial Cooperation

Posted on April 08, 2008
Patrick Wautelet is a professor of law at the University of Liège (Belgium) and a specialist of private international law. The Flashairlines ruling of the Court of Appeals is a prime example of cross-border cooperation between courts and as such deserves to be commended...

Flashairlines and Transatlantic Ping Pong

Posted on April 08, 2008
Christelle Chalas is a lecturer at Paris VIII Faculty of Law and the author of a book on Discretionary Exercise of Jurisdiction in Private International Law (in French). As a moth is drawn to the light, so is a litigant to the United-States. If he can only get his case into their court, he stands to [...

Rome I - Final Text Released

Posted on April 04, 2008
As we noted in a previous post, the agreement reached by the European Parliament and the Council on the Rome I Regulation was transposed by the EP in its amendments at first reading to the initial Commission’s Proposal. Once revised by the lawyer-linguists, this modified version of the Regulation would have been adopted by the [...

Article: The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies? Contracts

Posted on April 04, 2008
Theodore Eisenberg (Cornell Law School) and Geoffrey P. Miller (New York University) have on the NELLCO Repository posted a working paper titled “The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies? Contracts” (March 31, 2008, New York University Law and Economics Working Papers...

Seminar on PIL at the University of Johannesburg

Posted on April 04, 2008
FACULTY OF LAW, UNIVERSITY OF JOHANNESBURG INSTITUTE FOR PRIVATE INTERNATIONAL LAW IN AFRICA Morning seminar on private international law Thursday 17 April 2008 An African private international law regime (?) ? conclusions and lessons from a decade of case law in thirteen African countries Mr R F Oppong (University of Leicester)foppong2000@yahoo...

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