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Marta Requejo

It is my pleasure to announce the release of the Mélanges en l’honneur du Professeur Bertrand Ancel – Le droit à l’épreuve des siècles et des frontières.

Bertrand Ancel has devoted his academic career to private international law and civil law, enriched with comparative law and history. Professor emeritus of the University Paris II Panthéon-Assas, editor-in-chief of the Revue critique de droit international privé from 2014 to 2017, author of the Éléments d’histoire du droit international privé, he is also a co-author, with Yves Lequette, of the Grands arrêts de la jurisprudence française de droit international privé. Combining in-depth historical knowledge of conflict of laws and international litigation with accurate analysis of the most recent case law, Bertrand Ancel belongs to the scholars who preserve private international law from dogmatism.

Prof. Zamora Cabot has just made available on SSRN his contribution to the collective book Implementing the UN Principles on Business and Human Rights. Private International Law Perspectives (F. Zamora, L. Heckendorn, S. de Dycker, eds.), Shulthess Verlag, Zurich, 2017. The abstract reads as follows:

“For some time, the changing concept of extraterritoriality has been associated in a variety of ways with the international protection of Human Rights. It is, for example, linked to efforts to make the reparation mechanisms of the UN’s Guiding Principles accessible. Similarly, the notion is relevant to the States’ formal Extraterritorial Obligations (ETOS), which pressure States to fulfil the framework established in the International Covenant on Economic, Social and Cultural Rights. In both cases, the volume and quality of the technical contributions that have been produced are remarkable and worth taking into consideration.

Case C-191/18 and Us

Open your eyes, we may be next. Or maybe we are already there? Case C- 191/18, KN v Minister for Justice and Equality, is not about PIL. The questions referred to the CJ on March 16, actually relate to the European Arrest warrant (and Brexit). However, PIL decisions are mirroring the same concerns.

It has been reported, for instance, that a Polish district court has refused a Hague child return to England on the basis (inter alia) that Brexit makes the mother`s position too uncertain. A recent case before the Court of Appeal of England and Wales shows that English judges are also struggling with this (see “Brexit and Family Law”, published on October 2017 by Resolution, the Family Law Bar Association and the International Academy of Family Lawyers, supplemented by mainland IAFL Fellows, Feb 2018).

To celebrate its 30th Private International Law Day, the SICL is holding a conference devoted to the new challenges of what is sometimes described as the “collaborative” or “sharing” economy. It will take place in Lausanne on 28th June 2018.

Edited by Delphine Porcheron, Mélanie Schmitt and Juliette Lelieur

The University of Strasbourg is organizing workshop series on the protection of Human Rights in transnational situations. The research is conducted in criminal law, labour law, and private international law. After the first meeting which took place last January with the presence of Horatia Muir Watt, Dominique Ritleng and Patrick Wachsmann, the second one will be held in Strasbourg on June 5, focusing on civil and environmental liabilities and private international law.

Speakers include :

  • Bénédicte Girard, University of Strasbourg
  • Marie-Pierre Camproux, University of Strasbourg
  • Pauline Abadie, University of Paris Sud
  • Fabien Marchadier, University of Poitiers
  • Patrick Kinsch, University of Luxembourg, Attorney at law Luxembourg

The programme of the 2018 edition of the International Seminar on Private International Law organized by Prof. Fernández Rozas and Prof. De Miguel Asensio, has been released and is available here. In this occasion, the Seminar is jointly organized with Prof. Moura Vicente and is to be held at the Law Faculty of the University of Lisbonne on 13-14 September 2018. The Seminar, which is closely connected to the legal journal Anuario Español de Derecho internacional privado, will be structured in five sections: Family and Successions; International Commercial Arbitration: International Business Law; Private International Law and IT Law; and Codification of PIL with a special focus on Latin America. The Conference will bring together around fifty speakers from more than twelve countries. Additional information about the seminar is available here.

The 2017 Hague Lecture of Prof. Burkhard Hess, just published in the Recueil des Cours, addresses dispute resolution in international cases from the classical perspective of the private-public divide. This distinction is known in almost all legal systems of the world, and it operates in both domestic and in international settings. The main focus of the Lecture relates to overlapping remedies available under private international and public international law; it maps out the growing landscape of modern dispute resolution, where a multitude of courts and arbitral tribunals operating at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings. Today, a comprehensive study of these developments is still missing. This Lecture does not aim to provide the whole picture, but focusses instead on some basic structures, revealing three main areas where the distinction between private and public disputes remains applicable today:

We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120, www.transnational-dispute-management.com) Special Issue on “Cybersecurity in International Arbitration.

60° SEMINARIO DI DIRITTO COMPARATO ED EUROPEO

The 60th Seminar of Comparative and European Law in Urbino (Italy) has already been announced. It will take place from August 20, to September 1. The program includes presentations on many different topics, some of them of direct interest for private international lawyers and scholars.  The whole program is available here, together with information on  enrollment, accommodation, and how to get to Urbino.

 

The workshop Cross-Border Debt Recovery in the EU. Application of the “second generation” regulations in France and Luxembourg, taking place at the MPI Luxembourg on June 8th, is organised in the framework of the IC2BE research project “Informed Choices in Cross-Border Enforcement” (JUST-AG-2016-02). Funded by the Justice Programme (2014-2020) of the European Commission, this project aims at assessing the working in practice of the “second generation” of EU regulations on procedural law for cross-border cases – the European Enforcement Order, Order for Payment, Small Claims (as amended by Regulation (EU) 2015/2421) and the Account Preservation Order Regulations. The project is carried out by a European consortium comprising the MPI Luxembourg and the universities of Antwerp, Complutense of Madrid, Milan, Rotterdam and Wroclaw, under the coordination of Prof. Jan von Hein, from the University of Freiburg.