New Articles in Canadian Publications

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Two recent publications contain several topical articles:

In the 2010 issue (volume 60) of the University of New Brunswick Law Journal are the following five articles: Catherine Walsh: “The Uses and Abuses of Party Autonomy in International Contracts”; Joshua Karton, “Party Autonomy and Choice of Law: Is International Arbitration Leading the Way or Marching to the Beat of its own Drummer?”; Stephen Pitel, “Reformulating a Real and Substantial Connection”; John McEvoy, “‘After the Storm: The Impact of the Financial Crisis on Private International Law’: Jurisdiction”; and Elizabeth Edinger, “The Problem of Parallel Actions: The Softer Alternative”.  This journal is available to subscribers, including through Westlaw.

In Jeff Berryman & Rick Bigwood, eds., The Law of Remedies: New Directions in the Common Law (Toronto: Irwin Law Inc., 2010) are four articles that relate to the conflict of laws: David Capper, “Mareva Orders in Globalized Litigation”; Scott Fairley, “Exporting Your Remedy: A Canadian Perspective on the Recognition and Enforcement of Monetary and Other Relief”; Garry Davis, “Damages in Transnational Tort Litigation: Legislative Restrictions and the Substance/Procedure Distinction in Australian Conflict of Laws”; and Russell Weaver & David Partlett, “The Globalization of Defamation”.  This collection of articles is available for purchase here.

Call for Papers – Journal of Private International Law Conference 2011 in Milan

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The Journal of Private International Law will hold its fourth major conference at the University of  Milan on 15 and 16 April 2011.  As was the practice at the prior conferences at the University of Aberdeen in 2005, at the University of Birmingham in 2007, and at New York University in 2009, we are including a “call for papers” on any aspect of private international law to be presented at the Conference with a view to having the final papers submitted for consideration for publication in the Journal through the normal refereeing process.  Speakers will be selected on the basis of abstracts of 500 words submitted to Professor Stefania Bariatti at the University of Milan (stefania.bariatti@unimi.it) and Professor Paul Beaumont at the University of Aberdeen (p.beaumont@abdn.ac.uk) by 31 October 2010.  The abstracts will be considered by the local organisers of the conference (Professors Fausto Pocar and Stefania Bariatti) and the editors of the Journal (Professors Paul Beaumont and Jonathan Harris) and a decision made by 1 December 2010.

The morning of April 15 will be devoted to presentations of papers by legal scholars at an early stage in their academic or professional careers in parallel panel sessions (in New York we had 6 panels). We particularly encourage research students, postdoctoral fellows and recently appointed lecturers to indicate that they are willing for their abstract to be considered for these parallel sessions as we want to offer an opportunity for presentations by a large number of such scholars. Your final papers will be treated on an equal footing with all other papers when it comes to them being considered for publication in the Journal.

ABS not responsible for the Prestige disaster

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On  November 13, 2002, the tanker Prestige sank a few miles from the Galician coast, causing an unprecedented environmental disaster. From the Spanish legal standpoint, liability for damage caused in the oil pollution, including international jurisdiction, is governed by the International Convention on Civil Liability for Oil Pollution Damage (CLC) 1969, subsequently amended. As regards the demand for accountability, the CLC follows the principle of strict liability, placing it  on the owner of the ship  (or his insurer or guarantor). As for jurisdiction, according to Art. IX of the CLC “Where an incident has caused pollution damage in the territory, including the territorial sea or an area referred to in Article II, of one or more Contracting States or preventive measures have been taken to prevent or minimize pollution damage in such territory including the territorial sea or area, actions for compensation may only be brought in the Courts of any such Contracting State or States. Reasonable notice of any such action shall be given to the defendant”. Obviously, the scheme is applicable only by courts of States Parties.

The pollution caused by the sinking of the Prestige  have led to a series of legal proceedings before different courts, including those of States not affected by the accident. In particular, following the French strategy in the Amoco Cadiz case, the Spanish government  brought in New York an action worth one billion dollars  against the classification society of the Prestige, the American Bureau of Shipping, based in Houston. Spain claimed that the company had been negligent in the inspection of the vessel,  giving a positive score only six months before the disaster. The case before these courts and against this defendant has been possible because USA is not part of the CLC, and accordingly applies its own legal regime.

However, things have not gone as expected by the Spanish government. To start with, the demand had to overcome an initial hurdle, that of the declaration of incompetence of the NY court ; this happened in 2008 thanks to the decision of the New York Court of Appeals, which accepted the arguments of the State Bar against a court in the Southern District of New York. Now (on August 4, 2010) the Southern District Court Judge Laura Taylor Swain  has ruled in favour of ABS, excluding  its responsibility for the wreck. In a 20-page decision, the judge admits the desirability of  identifying those responsible for oil spills that cause “major economic and environmental damage.” Nevertheless, she says that under U.S. law classification societies  cannot be allocated these responsibilities . In her opinion, liability lies with the owner of the vessel, who “is ultimately in charge of the activities on board the ship”; her decision  is consistent with these principles .

Attorney Brian Stare, representative of Spanish interests, said he is dissatisfied with the ruling because it means giving “carte blanche” to classification societies.

So far we don’t know whether or not there would be an appeal against Judge Laura Taylor’s ruling.

19 Revista Electrónica de Estudios Internacionales (2010)

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The Spanish magazine Revista Electrónica de Estudios Internacionales, num. 19, is already available (for free) here.

Contents

Articles:
I. Blázquez Rodríguez, “La dimensión mediterránea del Espacio de libertad, seguridad y justicia. Del Proceso de Barcelona a la Unión Europea por el Mediterráneo”

Abstract: Nowadays Justice and Home Affairs are considered a basic sphere of action in the context of the Euro Mediterranean Partnership. As a part of the beginning the European Neighbourhood Policy have been appeared a real Mediterranean dimension of Space of Freedom, Security and Justice. On the one hand, due to the Action Plans agreed between the EU and each partner on subject as immigration, cross-border management and, judicial and police cooperation. And the other one, as a result of action on bilateral level, like that already existing between Kingdom of Spain and Kingdom of Morocco, as a key item towards an efficient cooperation.

M.A. Rodríguez Vázquez, “La regulación del Reglamento 4/2009 en materia de obligaciones de alimentos: competencia judicial internacional, ley aplicable y reconocimiento y ejecución de sentencias”

Abstract: This article analyzes the content of the Council Regulation (EC) nº 4/2009 of 18 December 2008, on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. It is the first instrument that provides an overall response to all the questions arises from the perspective of the Private international law, regarding maintenance obligations. Reflecting on the essential aspects allows an assessment of its complex regulation.

Ágora:
A.G. Chueca Redondo, “Aproximación a la política de inmigración de la UE en el Mediterráneo”

A. Rodríguez Benot, “La Unión Europea y el Mediterráneo: ¿Hacia un marco jurídico transnacional para las relaciones familiares?”

Notes:
F.J. Zamora Cabot, “Sobre la International Comity en el sistema de derecho internacional privado de los EE.UU”

Reports:
On International Private Law (July-December 2009). Coord. Pilar Jiménez Blanco. Contributors: M. Álvarez Torné, R. Espinosa Calabuig, G. Esteban de la Rosa, K. Fach Gómez, I. Iruretagoiena Agirrezalaga, N. Magallón Elósegui, J.S. Mulero García, G. Palao Moreno, S. Sánchez Fernández, M. Vinaixa Miquel

On International Civil Procedure Law (July-December 2009). Andrés Rodríguez Benot, Alfonso Ybarra Bores

Database of New Zealand PIL

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See here for a database of publications in the field of New Zealand private international law. The editor is South-African-born Dr Elsabe Schoeman of the Faculty of Law at the University of Auckland in New Zealand.