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Chinese Practice in Private International Law in 2018

Qisheng He, Professor of International Law at the Peking University Law School, and Director of the Peking University International Economical Law Institute, has published a survey on the Chinese practice in Private International Law in 2018. The full title of the article is the following: The Chronology of Practice: Chinese Practice in Private International Law in 2018.

The article has been published by the Chinese Journal of International Law, a journal published by Oxford University Press.  This is the 6th survey published by Prof. He on the topic.

 

Prof. He has prepared an abstract of his article, which goes as follows:

Legal Harmonization in Africa

Africa Silhouette Clip Art

After Chukwuma Okoli’s, recent post, on this blog, on African Private International Law, Lise Theunissen, who is currently a legal intern at the Hague Conference, now has a blogpost at afronomicslaw on the harmonization of Private International Law in the African Union. Add to that Justin Monsenepwo’s recent articles on legal unification at OHADA  and on the impact of the Hague Principles of Choice of Law on OHADA, and you start gaining the impression that interest in African private international law is growing – a good thing, undoubtedly.

The annual governance meeting of the Hague Conference on Private International Law (HCCH) will take place from 3 to 6 March 2020. The list of documents that have been submitted to the HCCH governance body (i.e. the Council on General Affairs and Policy) is available here.

Recent documents that have not yet been mentioned in this blog that are worthy of note are the following:

Brexit & Lugano

Written by Jonathan Fitchen

The UK’s intention to attempt to accede to the 2007 Lugano Convention is apparently proceeding apace. Though the events leading up to Friday 31st January, when the UK left the EU,  rather overshadowed this fact, the UK Government had already announced that its intention to accede by a posting on 28th January 2020 that may be found here https://www.gov.uk/government/news/support-for-the-uks-intent-to-accede-to-the-lugano-convention-2007   As will be remembered, the 2007 Lugano Convention is open to non-EU third States if the consent of all the existing Convention parties can be first secured. The UK Gov posting records that the UK has secured statements in support of it joining the 2007 Convention from the Swiss, the Norwegians and Iceland. So now all that is required is to secure the consent of the EU to this course of action. Assuming that such consent can be secured, the UK Gov posting records that it is the intention of the UK Government to accede to the 2007 Convention at the end of the transition period (currently scheduled / assumed for 23.00 GMT on 31st December 2020).

In an unprecedented manner, the UK has dealt with its problems around Brexit and its relations with the Contracting States to two HCCH Conventions on the international plane. The Depositary (i.e. the Ministry of Foreign Affairs of the Kingdom of the Netherlands) has just announced that the UK has withdrawn its instruments of ratification of the HCCH Child Support Convention and instrument of accession to the HCCH Choice of Court Convention, together with its declarations and extension to Gibraltar, which actually never came into effect and were apparently only a backup option to a no-deal Brexit; see our previous posts (“some Brexit news” part 1, part 2 and part 3 and the more recent post “Brexit: No need to stop all the clocks” here).

The last issue of the Revue critique de droit international privé has been released. It is a special edition on the Cloud Act and the General Regulation on Data Protection.

The abstracts of the articles, authored by Marie-Elodie Ancel, Patrick Jacob, Régis Bismuth and Théodore Christakis, are available here.

A full table of contents is available here.

As of today, Brexit has become reality – one more reason to think about the EU’s Judicial Cooperation with third states:

The largest proportion of EU economic growth in the 21st century is expected to arise in trade with third countries. This is why the EU is building up trade relations with many states and other regional integration communities in all parts of the world. The latest example is the EU-MERCOSUR Association Agreement concluded on 28 June 2019. With the United Kingdom’s exit of the Union on 31 January 2020, extra-EU trade with neighboring countries will further increase in importance. Another challenge for the EU is China’s “Belt and Road Initiative”, a powerful global development strategy that includes overland as well as sea routes in more than 100 states around the globe.

Brexit: No need to stop all the clocks.

Written by Jonathan Fitchen.

‘The time has come’; a common enough phrase which may, depending on the reader’s mood and temperament, be attributed variously to Lewis Carroll’s discursive Walrus, to Richard Wagner’s villainous Klingsor, or to the conclusion of Victor Hugo’s epigrammatic comment      to the effect that nothing is as powerful as an idea whose time has come. In the present context however ‘the time has come’ refers more prosaically to another step in the process described as ‘Brexit’ by which the UK continues to disentangle itself from the EU.

The project on Gender and Private International Law (GaP) at the Hamburg Max Planck Institute, jointly organized by Ivana Isailovic and Ralf Michaels, will end the academic year with a bang! After the inaugural workshop (see Asma Alouane’s report here) and three successful reading sessions in the fall, there will be a whole day workshop with three themes and six fabulous conveyors who will enable a truly crossdisciplinary event.
A call for applications to take part is here. The deadline has been extended to February 15. Note that some travel and accommodation money is available for emergent scholars!

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