Legal Journals

Fourth Issue of 2010?s Journal du Droit International

By Gilles Cuniberti

The fourth issue of French Journal du droit international (Clunet) for 2010 was just released.

It includes four articles and several casenotes.

The only article dealing with a conflict issue is authored by Gerald Goldstein, who is a professor of law at the University de Montreal, and Horatia Muir Watt, who is a professor of law at Sciences Po Law School. It discusses the application of the new method of recognition in the context of the 2007 Munich Convention on the recognition of civil partnerships (La méthode de la reconnaissance à la lueur de la Convention de Munich du 5 septembre 2007 sur la reconnaissance des partenariats enregistrés) The English abstract reads:

The new “method of recognition” displaces the frontiers between choice of law and recognition of foreign judgments. It entails giving effect to situations created abroad within the sway of another legal system, without prior verification of compliance with the forum conflicts rule. Without excluding all control of the quality of the link between the situation and the forum, the new method is more concerned with the effectiveness of an existing situation than its conformity with a preconceived parameter of validity laid down by the law of the forum. For some, these characteristics predisposes the new method to govern civil partnerships, since the novelty and diversity of these institutions makes it difficult to formulate an appropriate choice of law rule.

An analysis of the 2007 Munich Convention on the recognition of civil partnerships favorises a study of the advantages such a method has over the traditional choice of law process and suggests a certain number of more general methodological reflexions on its characteristics, objectives and foundations.

Articles of the JDI are available online for subscribers of Juris Classeur Lexis Nexis.

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Full post as published by Conflict of Laws on December 10, 2010 (boomark / email).