Second Issue of 2009’s Revue Critique de Droit International Privé
The second issue of the Revue Critique de Droit International Privé was released earlier this month.
It contains three articles, but only two deal with conflict issues.
The first is authored by Tunisian professor Sami Bostanji. It addresses the Survival of Communitarism in Judicial Application of Tunisian Private International Law (La survivance du communautarisme dans l’application judiciaire du droit international privé tunisien). Here is the English abstract:
Despite the efforts afforded by codification to modernise and rationalise private international law in Tunisia, later case-law bears witness to the survival of communitarism, through a practice inspired by the idea that each individual “belongs” to a differentiated community. This approach favors discontinuity between different legal orders to the detriment of individual rights, and disregards the important objective of coordinating legal systems. It looks much like traditional religious communitarism, for instance in the treatment of relationships between spouses or between parents and children (adoption, custody, etc…), But it also takes on the form of nationalistic communitarism, which ignores or even violates the codified rules of private international law.
The second article is authored by Carlos Alberto Arrue-Montenegro, a scholar from Panama, and discusses the economic rationale of a recent Panama statute as far as choice of court agreements in admiralty matters are concerned (Les orientations économiques du droit maritime international de Panama en matière d’accord de juridiction. A propos de la loi n°12 du 23 janvier 2009 modifiant la loi panaméenne procédure maritime). Unfortunately, no abstract is provided.
Articles of the Revue Critique cannot be downloaded.