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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 […]

French courts do not have contempt power. When they issue injunctions, the only available tool that they have to ensure compliance is astreinte. Astreinte is a pecuniary penalty which typically accrues per day of non-compliance. For instance, a French commercial court may order a party to do something or to refrain from doing something under a […]

On 26 February 2009, the Paris Court of Appeal denied recognition to a couple of American judgments which had sanctioned a surrogacy. The Court held that it was contrary to French international public order. In this case, a French couple had found a surrogate mother in Minnesota who had accepted to carry their child. After Ben was […]

As the number of international tribunals increases, the issue of forum shopping is begining to arise quite frequently in public international law. How should it be handled? Are doctrines of private international law useful? If so, which one? It seems that the most common practice, and received wisdom, is to apply the doctrine of lis pendens. But why […]