Conflict of Laws header image

Archive

Giesela Ruehl

Sharing Economy in EU Private International Law

Edoardo Rossi has published (in Italian) a book on the Sharing Economic in EU Private International Law (“La Sharing Economy nel diritto internazionale privato europeo”). The author has kindly provided us with an abstract:

In the current economic and social context new and controversial sharing practices, offering anyone the opportunity to search for or make available goods or services on the market regardless of the professional or amateur nature of the persons involved, have emerged. These practices, very heterogeneous and concerning the most different areas of daily life, such as mobility, housing, business activities, communications, work, culture, communication, education and finance, have been linked  to the notion of “sharing economy”, which brings them together by virtue of temporary access to goods or services, facilitated by the large-scale intervention of digital platforms, through which requests and offers are coordinated online in order to share goods or services.

Written by Elijah Granet

When a British woman gives birth in a German hospital staffed with British midwives on a contract from the British ministry of defence, what law applies and to what extent? This seemingly simple question took Mrs Justice Foster, in the English and Welsh High Court of Justice, 299 paragraphs to answer in a mammoth judgment released on 24 April: Roberts (a minor) v Soldiers, Sailors, Airmen and Families Association & Ors [2020] EWHC 994 (QB).   In the course of resolving a variety of PIL issues, Mrs Justice Foster held that the German law of limitations should be disapplied as, on the specific facts of the case, contrary to public policy.

Written by Elijah Granet

In a recent decision of the Family Division of the English and Welsh High Court—VB v TR (Re RR) [2020] EWFC  28, Mr Justice Mostyn highlighted a lacuna in the protection of children from abduction under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (‘the Convention’).  As a result of what Mr Justice Mostyn (at para 7) refers to  as a ‘colonial anachronism’, unconsented removals of children from the British overseas territory of Bermuda to the UK proper fall outside the remit of either the convention or domestic law.

Facts

Competition Law and COVID 19

Written by Sophie Hunter

With more than 200 countries affected to date, the current crisis presents far reaching implications for competition law and policy on a global scale. This crisis is affecting developed and developing countries alike, especially by putting young competition authorities under a stress test of the resilience of their competition rules.  As the pandemic of COVID19 spreads to every parts of the world, most recently the African continent, competition authorities are looking at whether relaxing their competition rules to allow for cooperation between key actors of the health sector and other essential economic sectors, like the airline industry. However, full or partial relaxation of competition rules may have adverse effects on industries, business and consumers by resulting in anti-competitive practices such as price fixing, excessive pricing and collusion between competitors.

Now available online: RabelsZ, Issue 2/2020

The second 2020 issue of RabelsZ is now available online. It features two essays as well as the contributions to a Symposium on career paths into legal academia held at the Max Institute in June 2019:

Lord Hodge, The Scope of Judicial Law-Making in the Common Law Tradition, pp. 211 et seq

Judge-made law is an independent source of law in common law systems. To jurists brought up in legal systemswhich have codified law, this is one of the striking features of the common law tradition. Instead of interpreting a code to develop the law, common law judges develop the law which their predecessors have made. While statute law nowimpinges on many areas of private law, large tracts of our private law remain predominantly the product of judicialdecisions. [In this contribution] I wish to discuss some of the areas of private law which have been and remainpredominantly judge-made and the limits in the common law tradition on judicial law-making.

A spectre is haunting Europe – the spectre of human rights lawsuits. Striking human rights cases have always enjoyed high media attention. But lately, they appear in a new dimension in Europe. The headline-grabbing “KiK” trial before the Regional Court of Dortmund and the current discussion about the adoption of a German Supply Chain Law are proof of this: It has long ceased to be a mere thought that German companies could be held liable in Germany for damage that occurred somewhere in their global supply or value chain. But are civil courts and arbitral tribunals suited at all for enforcing international human rights obligations of business enterprises, which are already highly controversial under substantive law?

Trending topics in international and EU law

Maria Caterina Baruffi (University of Verona) and Matteo Ortino (University of Verona) have edited the book «Trending topics in international and EU law: legal and economic perspectives». It collects the proceedings of the conference «#TILT Young Academic Colloquium», held in Verona on 23-24 May 2019 and organized by the Law Department of the University of Verona in collaboration with the Ph.D. School of Legal and Economic Studies and the European Documentation Centre.

The event fell within the activities of the research project «Trending International Law Topics – #TILT» supervised by Maria Caterina Baruffi and funded by the programme «Ricerca di base 2015» promoted by the University of Verona. It was specifically targeted to Ph.D. students and early career scholars, selected through a Call for Papers. The book publishes the results of their research with the aim of fostering the scientific debate on trending topics in international and EU law and their impact on domestic legal systems. 

RabelsZ, Issue 1/2020

The first 2020 issue RabelsZ has just been released. It features the following articles:

Magnus, Robert, Unternehmenspersönlichkeitsrechte im digitalen Raum und Internationales Privatrecht (Corporate Personality Rights on the Internet and the Applicable Law), pp. 1 et seq

A postdoctoral fellowship at the Faculty of Law at the Hebrew University is available for the academic year of 2020-2021. The position is part of the “Old Identities, New Times: Does the Common Legal Identity Withstand Modernity?”, a research project headed by Dr Sharon Shakargy and funded by the Israeli Science Foundation (grant 835/18).

The research project deals with items of personal status, such as age, sex, religion, marital status, parenthood, legal capacity, and the changes in the regulation and perception thereof. The project investigates these items of personal status comparatively, focusing on Western legal systems but not limited to them. More details on the project are available here.

Scholars interested in perusing independent work related to the questions mentioned above are invited to apply. 

The University of Milan announces the first edition of the Master Programme on International Trade Compliance Control (IntTradec) to be held in Milan at the Department of International, Legal and Historical-Political Studies,

The Programme aims to train professional figures called to work within the Export Control Program, with a specific focus on International Trade Law, Private International Law, Customs Law and Tax Law.  It includes teaching activities and workshops for a total of 500 hours, and a training period of 300 hours.

More information is available here (in Italian).

Director: Prof. Angela Lupone, University of Milan