Out Now: Bizer on Violations of Personality Rights on Social Media

Persönlichkeitsrechtsverletzung in sozialen MedienBased on a tweet by the ‘enfant terrible of tech’, Elon Musk, Michael Douglas recently discussed ‘Conflict of Laws of Freedom of Speech on Elon Musk’s Twitter’ on this blog. In a new volume published by Mohr Siebeck, Anna Bizer adresses similar questions, from the point of view of German and European PIL. Starting from the observation that social media challenges the existing legal framework (even more so than the internet itself) by incentivizing the sharing of, and interaction with content, and thus perpetuating violations of personality rights, even where the original author of a post has already deleted it, the author focuses on three areas of law: contract law, tort law, and data protection.

As far as questions of contract law are concerned, Bizer rightly puts an emphasis on the fact that social media platforms often involve a triangle (or pyramid) of contractual relationships between the hosts and at least two users. Regarding the relationship between the host and individual users, she identifies the delineation between private and professional use (only one of which triggers the consumer rules in the Brussels Ia and Rome I Regulations) as the main problem and argues in favour of a much wider understanding of the consumer definition. Regarding the relationship between multiple users of the same service, she rightly acknowledges the potential of the platform contract to influence the applicable law via Art. 4(3) Rome I.

Seminar on Rights In Rem – Tarragona, 10-11 Nov 2022

The Rovira i Virgili University (Tarragona), University of Barcelona and University of Lleida organise the First International Seminar on Rights In Rem in the European Union: General Aspects and International Jurisdiction.

The seminar seeks to define the concept of rights in rem in the framework of European private international law and comparative law, and to identify the problematic aspects arising from the characterisation of such a concept in terms of both the delimitation of the legal instruments applicable to this matter, and of its application in the Spanish legal system as the representative of a State in which several systems of law coexist. Moreover, in terms of jurisdiction, the Seminar will also address the problems of the delimitation of the rule of jurisdiction applicable under the Brussels I bis Regulation. The Seminar is divided into four panels dealing with three major topics:
· The approach to the concept of rights in rem in European comparative private law and European private international law
· Rights in rem in the Spanish legal system and the state’s internal conflict of laws
· Rights in rem and international jurisdiction under the Brussels I bis Regulation.

Call for Papers: German Conference for Young Scholars in Private International Law 2023

The fourth German Conference for Young Scholars in Private International Law, held on site at the Sigmund Freud University in Vienna on 23 and 24 February 2023 (we have posted about the event previously here), has issued a call for papers. Proposals are invited for conference presentations (20 min.; to be published) and short presentations (5-10 min.; non-published). Furthermore, the organizers proudly announced that the keynote lecture will be delivered by Professor Horatia Muir Watt (Sciences Po).

The organizers describe the purpose of these proposals and the goals of the conference as follows (emphasis added):

 

“The theme of the conference will be

IEAF Call for Papers: Insolvency Law in Times of Crisis

The INSOL Europe Academic Forum (IEAF) is inviting submission for its 18th annual conference, taking place from 5-6 October 2022 in Dubrovnik (Croatia). Expressions of interest are invited for the delivery of research papers within the overall theme of the academic conference: “Insolvency Law in Times of Crisis”

The conference is intended to focus on, inter alia, the following overall topics:

  • The longer-term impact of the COVID-19 pandemic on insolvency and restructuring laws in the EU and elsewhere;
  • The impact of geopolitical crises and macro-economic uncertainties on insolvency and restructuring laws in the EU and elsewhere;
  • Reflections on the implementation of the Preventive Restructuring Directive 2019/1023 Directive;
  • Cross-border issues relating to the new restructuring frameworks, and

Brexit and the Future of Private International Law in English Courts

Our esteemed co-editor Mukarrum Ahmed has recently published a book titled Brexit and the Future of Private International Law in English Courts with Oxford University Press. He has kindly provided us with the following summary:

This book is the first full length study of the private international law implications of Brexit in a single consolidated resource. It provides an analytical and authoritative commentary on the impact of Brexit upon jurisdiction, foreign judgments, and the applicable law in civil and commercial matters. By discussing the principal post-Brexit changes in England, this book faces towards the future of private international law in English courts. It utilises a once-in-a-generation opportunity to analyse, understand, and reframe some fundamental assumptions about private international law with a view to suggesting adjustments and law reform.

“Trends and Challenges in Costs and Funding of Civil Justice” – 5th seminar (25 May 2022, online) & 6th seminar (22 June 2022, hybrid)

In the context of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law (financed by the Dutch Research Council – NWO), the Project team organises a series of seminars dedicated to the Trends and Challenges in Costs and Funding of Civil Justice.

The Project’s Fifth Seminar is scheduled, in an online format, for Wednesday, 25 May 2022 (15:00-17:00 CEST) on the topic “Funding and Costs of ADR in the Civil Justice System”.

Speakers: Sue Prince (University of Exeter, UK), Nicolas Kyriakides (University of Nicosia, Cyprus), Dorcas Quek Anderson (Singapore Management University, Singapore); Moderator: Masood Ahmed (University of Leicester, UK).

For the complete program and online registration, please see here.

The Project’s Sixth Seminar, which concludes the series, will take place on Wednesday, 22 June 2022 (14:00-18:00 CEST) in a hybrid format (online and in-person attendance possible) on the topic “Future Regulation of Third-Party Litigation Funding”.

Localisation of Damages in Private International Law : 30-31 May 2022

Many thanks to Olivera Boskovic and Caroline Kleiner for this post.

Monday 30 and Tuesday 31 May 2022
Paris Cité University

The determination of jurisdiction and applicable law in the field of non-contractual obligations largely depends on the localisation of damage. However, this can prove to be very difficult, or even impossible. What is the current method used by courts? Are there divergent approaches between the EU and non-EU countries?

The conference will tackle these questions by addressing first, the localisation in different sectors (competition law, financial law, product liability, personality rights, intellectual property and environment). The idea, here, is to confront the EU approach with the approach of non EU countries. Second, a series of round tables aim at analyzing whether there are particular influences on the method of localisation depending on various elements relating either to the content of the actions, or to the nature of the legal situation, or in relation to subjective factors.

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2022: Abstracts

The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles:

(These abstracts can also be found at the IPRax-website under the following link: https://www.iprax.de/en/contents/)

 

P. Hay: On the Road to a Third American Restatement of Conflicts Law

RabelsZ: new issue alert

Issue 2/2022 of RabelsZ has just been published. It contains the following contributions:

Ralf Michaels: Peter Mankowski *11.10.1966 †10.2.2022, Volume 86 (2022) / Issue 2, pp. 323–326, DOI: 10.1628/rabelsz-2022-0028

 

Katharina Pistor: Rechtsvergleichung zwischen Rechts- und politischer Ökonomie: am Beispiel des Unternehmensrechts, Volume 86 (2022) / Issue 2, pp. 327–363, DOI: 10.1628/rabelsz-2022-0029

….and a Book Review in the Second Issue of ICLQ for 2022

Further to my last post, I omitted to include a book review by Professor Gilles Cuniberti in the second issue of ICLQ for 2022 which is focused on essays written in honour of Emeritus Professor Adrian Briggs (QC), and the latest edition of his (Prof. Briggs’) book on Civil Jurisdiction and Judgements.

Disclosure: Prof. Cuniberti was the doctoral supervisor of my thesis, while Prof. Briggs was an external examiner of my PhD thesis.