Journal of Private International Law Conference 2011 (Milan) – Programme and Registration
The editors of J.Priv.Int.L are very pleased to announce that the 4th Journal of Private International Law Conference will take place in the University of Milan from Thursday 14th April 2011 at 2pm until Saturday 16th April at 5pm. Over 50 early career papers are expected in parallel sessions on Thursday afternoon and Friday morning and 24 papers from experienced academics on Friday afternoon and Saturday.
- The fees for the conference are:
- full price: 100 euros;
- academics: 50 euros
- students (undergraduate and postgraduate) and speakers: free
- The price for the dinner on Friday evening is 60 euros
- The price range for University accommodation per night is between 45-100 euros
- The price range for hotel accommodation per night is between 125-220 euros.
Accommodation has been reserved until the end of February 2011 and will be allocated on a first come first service basis. For registration to the conference and for further details, as well as to book any University accommodation, please contact Dr Giuseppe Serranò and Paola Carminati at email@example.com. For any other accommodation, please directly contact the hotel at issue, quoting the participation in the JPIL 2011 conference.
Thursday 14 April 2011: 14.00-15.45
Group 1 – Treatment of Foreign Law, Preliminary Questions, PIL Treaties
- C. Azcárraga Monzonís, The urgent need of harmonization of the application of foreign laws by national authorities in Europe
- A. Gardella, Foreign law in member States’ courts and its relationship with European Union law
- S. Gössl, The Preliminary Question in European Private International Law
- S. Grossi, An international convention on conflict of laws: the path to Utopia?
- T. Kyselovská, Bilateral (Multilateral) Treaties on Legal Aid as Sources of Law in the European Judicial Area
Group 2 – Jurisdiction in civil and commercial cases
- A. Arzandeh, Twenty five years of Spiliada
- U. Grusic, Jurisdiction in complex contracts under the Brussels I Regulation
- J. Kramberger Škerl, A. Jurisdiction over third party proceedings: articles 6/2 and 65 of the Brussels I Regulation and the countries in-between
- U. Maunsbach, New Technology, new problems and new solutions – Private International Law and the Internet Revisited
Group 3 – Family law – Adults
- J. Borg-Barthet, Family Law in Europe: Should Civil Rights be Divorced from Questions of Sovereignty?
- M. Harding, The public effect of marriage and the un-oustable jurisdiction of the English Matrimonial Courts over the financial consequences of marriage
- M. Melcher, An EU Regulation on the law applicable to registered relationships
- A. Sapota, What happened with Regulation Rome III? Seeking the way for unifying the rules on applicable law in divorce matters.
- S. Shakargy, Local Marriage in a Globalized World: Choice of Law in Marriage and Divorce
Group 4 – General PIL
- V. Macokina A new bill of Polish private international law – double edged sword?
- C. Staath, Human Rights Protection in Private International Law: the role of access to justice
- E. Tornese, Mandatory rules within the European legal system
- T. Kozlowski, Ever Growing Borders in the Ever Closer Union of the EU
Group 5 – Choice of Law in Contract
- A. Dyson, Interpreting Article 4(3) of the Rome I Regulation: Something Old, Something Borrowed or Something New?
- M. Erkan, Examining the Overriding Mandatory Rules under the Rome I Regulation and the Turkish Private International Law Perspective
- E. Lein, The Optional Instrument for European Contract Law and the Conflict of Laws
- W. Long, Mandatory Rules in Cross-Border Contracts: Is China Looking Towards the EU?
Group 6 – Recognition and enforcement of judgments
- P. Mariani, The free movement of judgements in the European Union and the CMR
- C. Nagy, Recognition and enforcement of US judgments involving punitive damages in Europe
- W. Zhang, A Comparative Research on the Exequatur Procedure within the EU and China
- G.B. Özçelik, Application of the Brussels I Regulation and property disputes in Cyprus: reflections on the Orams case
Friday 15 April 2011: 09.00-10.30
Group 7 – Choice of Law in Tort/Delict
- J. Papettas, Rome II, Intra-Community Cross Border Traffic Accidents and the Motor Insurance Directives
- D. Krivokapic, Potential impact on the US Speech Act: Influence of the Speech Act on Ongoing PIL Debate within EU and Third Countries
- J.J. Kuipers, Towards a European approach in cross-border infringement of personality rights
- T. Thiede, The protection of personality rights against supra-national invasions by mass-media
Group 8 – Family Law – children
- P. Jimenez Blanco, The Charter of fundamental rights of the European Union and international child abduction
- I. Kucina, K. Trimmings, P. Beaumont, Loopholes in the Brussels IIbis Child Abduction Regime
- A. Muñoz Fernández, Recognition of guardianships that were established abroad and preventive powers of attorney granted abroad
- F. S. ?ahin, S. Ünver, Affiliation in surrogate motherhood in private international law perspective
M. Wells-Greco, Cross-border surrogacy and nationality: achieving full parent status
Group 9 – Competition Law and Intellectual Property
- M. Danov, Cross-border EU competition law actions: should private international law be relied upon by the EU legislator in the European context?
- P. Dolniak, The rule in Article 6 of the Rome II Regulation as a „clarification” of general rule specified in Article 4
- S. Neumann, The infringement of intellectual property rights in European private international law – meeting the requirements of territoriality and private international law
- B. Ubertazzi, Intellectual Property Rights, Exclusive (Subject-Matter) Jurisdiction and Public International Law
- N. Zhao, China’s Choice-of-law Rules in International Copyright and Related Right Disputes
11.00 – 12.30
Group 10 – Trusts and insolvency
- N. Zitkevits, Recognition of trusts in the European Union countries
- R. Yatsunami, The Choice of Law Rules on Trust in Japan
- Z. Crespi Reghizzi, Jurisdiction, recognition of judgments and law applicable to reservation of title in insolvency proceedings
A. Leandro, EU cross-border insolvency: a free zone for the anti suit injunctions?
Group 11 – Choice of Court and Arbitration
- V. Salveta, The Enforceability of Exclusive Choice-of-Court Agreements
- L. Manigrassi, Arbitration Exception and Brussels I -Time for Change? An appraisal in light of the review of the Brussels I Regulation
- N. Zambrana Tévar, A new approach to applicable law in investment arbitration
B. Yüksel, The relevance of the Rome I regulation to international commercial arbitration in the European Union
Group 12 – Class actions, Property and Succession
- V. Ruiz Abou-Nigm, Maritime Liens in the Conflict of Laws Revisited
- M. Casado, The investigation of the debtor´s assets abroad
- K. Svobodova, Relation Between Succession Law Determined under the EU Draft Regulation on Succession and the Lex Rei Sitae
- B. Glaspell, Global Class Actions Prosecuted in Canadian Courts
12.30 – 14.00 Lunch break
Theory of PIL and party autonomy
- R. Michaels, What Private International Law Is About
- T. Kono, P. Jur?ys, Institutional Perspective to Private International Law
- M. Keyes, Party autonomy in private international law beyond international contracts
- A. Mills, Party Autonomy in Non-Contractual Private International Law Disputes
15.45-16.15 Coffee break
Connecting Factors, Law Reform and Model Laws
- E. Schoeman, The connecting factor in private international law: neglected in theory, yet key to just solutions
- I. Canor, Reform of Choice-of-Laws in Torts in the Israeli Legal System – A Normative Perception and a Comparative Perspective
- D. E. Childress III, Courts and the conflict of norms in private international law
- J.A. Moreno Rodríguez, M.M. Albornoz, The Contribution of the Mexico City Convention to the Reflection on a New Soft Law Instrument on Choice of Law in International Contracts
20.00 Conference Dinner – After Dinner Speaker is Hans Van Loon, Secretary General of the Hague Conference on Private International Law
Saturday 16 April 2011: 09.00-10.45
Characterisation, external relations in PIL, declining jurisdiction and choice of law in contract
- G. Maher, B. Rodger, The respective roles for the lex fori, the applicable law and autonomous/harmonised concepts in international private law, with particular focus on key aspects of the law of obligations
- P. Mostowik, M. Niedzwiedz, Five Years after ECJ “Lugano II Opinion” – Its Current Developments and Further Consequences
- S. Pitel, The Canadian Codification of Forum Non Conveniens
- G. Tu, Contractual Choice of Law in the People’s Republic of China: the Past, the Present and the Future
Lex mercatoria, arbitration and consumer protection
- C. Gimenez Corte, Lex mercatoria, independent guarantees and non-state enforcement
L. Radicati di Brozolo, Conflicts between arbitration and courts in the EU: free for all, harmonization or home country control?
- S.I. Strong, Resolving mass legal disputes in the international sphere: are class arbitrations an option? lessons from the United States and Canada
G. Rühl, Consumer Protection in Private International Law
Lunch break 13.00-14.00
Torts and Intellectual Property
- I. Kunda, Overriding mandatory rules in intellectual property contracts
- M. Lehmann, Where Do Pecuniary Damages Occur?
- C. O. García-Castrillón Private international law issues of non-contractual liability with special reference to environmental law claims
- E. Rodriguez Pineau, The law applicable to intra-family torts
Coffee break 15.30-15.45
Family law, succession, nationality and Europeanisation of PIL
- K. Trimmings, P. Beaumont, International Surrogacy Arrangements – An Urgent Need for a Legal Regulation at the International Level
- T. Kruger, J. Verhellen, Dual nationality = double trouble?
- J Fitchen, The Cross-Border Recognition and Enforcement of Authentic Instruments in the proposed European Succession Regulation
- L. Gillies, The Europeanisation of the Conflict of Laws and Third States: Scottish Perspectives
Mutual Transition, Spiral and Evolutionary Development of
Single Positive Law and Plural Normative Order Related to the
Theory of the World Comparative Normative Orders Study
I. Legal Monism (Public Positive Law and Private Positive Law) indicates how natural and legal persons ought to act ideally. Normative Pluralism (Public Normative Order and Private Normative Order) shows how public bodies, and natural and legal persons acts really. Legal Monism (what ought to be) and Normative Pluralism (what is) never coincide.
II. Theory about mutual transition, spiral and evolutionary development of positive law and normative order taking of any contradiction between them and making possible peacefully coexistence of positivism and sociologic directions in jurisprudence, and creating balance between public law and private law on the global, regional, national and local levels.
III. The “legal families” theory of Comparative Law ignores the phenomenon of the normative order. So it is necessary to introduce a new branch of legal science: Comparative Normative Orders Study.
IV. The Idea of Just Law suggest what sort and kind of law legislators (in Roman-Germanic i.e. “civilianist” legal space) or judges (in Anglo-American, i.e. common law legal space) should make, so that law would be just from the Universal Human Rights.
V. The Mutual-Transition of Legal Monism, Normative Pluralism and Idea of Just Law must be based on the Universal Human Rights Law as Basic Norms’ Entity, and this process must be repeated dialectically, i.e. spirally, constantly, evolutionary and endlessly.
Professor, Dr., Ph. Dr., Bizina Savaneli
Department of Law at the St. Grigol Peradze University,
4 Politkovskaia str., Tbilisi, Georgia