EU Study on “Cross-border restitution claims of looted works of art and cultural goods”

The European Parliamentary Research Service (EPRS) has published the results on its Study “Cross-border restitution claims of looted works of art and cultural goods”. The objective of the Study is described as follows:

“Works of art and cultural goods looted in armed conflicts or wars usually travel across several borders when they are sold. The cross-border character of looted art creates legal challenges for restitution claims as they often concern various national jurisdictions, with differing rules, as well as fragmented and insufficiently defined legal requirements in international and European legal instruments. Against this background, this European Added Value Assessment identifies weaknesses in the existing EU legal system for restitution claims of works of art and cultural goods looted in armed conflicts and wars. Moreover, it outlines potential legislative measures that could be taken at the EU level and that could generate European added value through simplification and harmonisation of the legal system in this area.”

Planning the Future of Cross-Border Families: A Path Through Coordination. Final Conference

On 1 December 2017, the University of Milan will host the final conference of the Project ‘Planning the Future of Cross-Border Families: A Path Through Coordination’ (JUST/2014/JCOO/AG/CIVI/7729, co-funded by the European Commission under the Civil Justice Programme).

The Project aims at analyzing the practice of several Member States concerning the application of EU Regulations No 2201/2003, No 1259/2010, No 4/2009, and No 650/2012, as well as the 2007 Hague Maintenance Protocol, and the 2007 Hague Recovery Convention. It has been carried out by the University of Milan together with the MPI Luxembourg, the Universities of Heidelberg, Osijek, Valencia and Verona, and in partnership with several family lawyers associations – the Italian AIAF, the Spanish AEAFA-, the Italian Scuola Superiore della Magistratura, and the Croatian Pravosudna akademija.

The event is free of charge and it will be held in English and Italian with simultaneous interpretation. Registration is nevertheless compulsory (click here, also to access the full program ).

Out now: Issue 4 of RabelsZ 81 (2017)

The new issue of “Rabels Zeitschrift für ausländisches und internationales Privatrecht  – The Rabels Journal of Comparative and International Private Law” (RabelsZ) has just been released. It contains the following articles:

Marc-Philippe Weller, Vom Staat zum Menschen: Die Methodentrias des Internationalen Privatrechts unserer Zeit (Referral, Recognition and Consideration: New Methodological Approaches in Private International Law):

This article draws attention to new methodological challenges posed by an increasingly globalized world: In modern European societies, individual interests are becoming more and more important, demanding private international law to no longer only determine the legal order closest connected to the respective case, but to consider individual interests and substantive arguments as well. To cope with these current developments, private international law must find a balance between individuals’ and states’ interests, while ensuring international consistency at the same time. This article aims at showing that these challenges can, however, be met if the existing system of referral was complemented by methods of recognition and consideration of local and moral data.

Conference on EU Private International Law at the University of Szeged (Hungary), 17 November 2017

The Department of Private International Law of the University of Szeged and the Federal Markets “Momentum” Research Group (established by the Hungarian Academy of Sciences and the University of Szeged) are convening a conference on “Global challenges, European unification and national diversity in private international law”. The conference is organized by Professor Csongor István Nagy, and supported by the Ministry of Justice of Hungary.

The focus will be on the global challenges emerging for EU private international law, including their causes and consequences. Besides the European perspective, the national perspective is a central theme of the conference due to recent re-codifications and major reforms of domestic private international law in Poland, the Czech Republic, Hungary and Romania (re-codification in Croatia is pending). The national experiences regarding the symbiosis of the EU and the national regimes will be discussed. The speakers will explore the evolving interaction between EU conflict of laws and national systems featured by various forms of cross-fertilization.

Call for applications for the selection of members of the Expert Group on Modernisation of Judicial Cooperation in Civil and Commercial Matters (Revision of Regulation (EC) 1393/2007 on service of documents and Regulation (EC) 1206/2001 on taking of evidence)

The information below has been kindly provided by the European Commission

The European Commission (Directorate General for Justice and Consumers) is establishing a new expert group which shall assist the Commission in the revision and the preparation of a possible initiative with regard to Regulation (EC) 1393/2007 on service of documents and Regulation (EC) 1206/2001 on taking of evidence. The group shall be composed of 20 members appointed in a personal capacity who are experts in the area of cross-border judicial co-operation in civil and commercial matters. The call for members is open until 27 November 2017. More information is available here and here.

St Petersburg International Legal Forum Private Law Prize 2018

Entries for the St Petersburg International Legal Forum Private Law Prize will close on 15 November 2017. The first prize, to the value of 10 million rubles, will be awarded to the author of the best research monograph or author(s) of a research article published on any topic of private law, private international law or comparative law. There is no word or page limit for monographs and articles. (Textbooks and academic commentaries are not eligible.)

Candidates’ monographs or articles must be nominated by one of the 81 universities and institutions listed on pages 8-11 of the competition guidelines, which are accessible here: https://spblegalforum.ru/cm/userfiles/file/SPBILF-2018_Award_eng.pdf.

Conference Report: 9th Transnational Commercial Law Teachers‘ Meeting at Radboud University, Nijmegen

On 2 and 3 November 2017, the Radboud University at Nijmegen hosted the 9th Transnational Commercial Law Teachers’ Meeting. In these meetings, teachers of transnational commercial law from all over the world gather to discuss fundamental issues and core instruments of unified or harmonized commercial law as laid down in the “bible” of transnational commercial law by Roy Goode, Herbert Kronke and Ewan McKendrick (see here), but also current trends and teaching methods.

This time, the meeting focused on “Transnational Commercial Law and Natural Resources”. After the opening by the President of the University Daniel Wigboldus, Herbert Kronke (Iran-US Claims Tribunal, emeritus of Heidelberg University, former Secretary-General of UNIDROIT) and Thomas Keijser (Radboud University), in a first panel chaired by Charles Mooney, University of Pennsylvania Law School, several speakers addressed the latest developments of UNIDROIT’s Cape Town Convention on International Interests in Mobile Equipment and its latest Protocol on Mining, Agriculture and Construction Equipment (MAC Protocol) as well as further potential areas of application such as e.g. renewable energy machinery but also with a view to other types of cross-border secured transactions (Howard Rosen, Rail Working Group, Benjamin von Bodungen, German Graduate School of Management and Law, Teresa Rodríguez de las Heras Ballell, Universidad Carlos III de Madrid, Ole Börger, Judge at the Oberlandesgericht at Bremen, Peter Winship, Southern Methodist University School of Law, Louise Gullifer, University of Oxford/Radboud University, Jeffrey Wool, Aviation Working Group, University of Washington School of Law, University of Oxford).

HCCH Preliminary Explanatory Report on the Draft Convention on Judgments

The Permanent Bureau of the Hague Conference on Private International Law (HCCH) has issued a Preliminary Explanatory Report on the draft Convention on Judgments (Preliminary Document No 7 of October 2017) in both English and French for the attention of the Special Commission meeting of November 2017 on the Recognition and Enforcement of Foreign Judgments.

The Preliminary Explanatory Report was prepared by Professors Francisco J. Garcimartín Alférez, Universidad Autónoma de Madrid, Spain, and Geneviève Saumier, McGill University, Canada.

More information relating to the meeting is available at https://www.hcch.net/en/projects/legislative-projects/judgments/special-commission/.  As is evident from the Information Documents currently listed (some of which are available), the meeting will deal in particular with intellectual property rights and the extent to which they should be included in the scope of the draft Convention.

By way of comparison, it should be noted that intellectual property rights were discussed at length during the meetings of the Hague Convention of 30 June 2005 on Choice of Court Agreements (see Articles 2 n) and o) and 10(3) and eventually, Article 21). This was, in my view, a good compromise.

Please note that the meeting above-mentioned is open only to delegates or experts designated by the Members of the Hague Conference, invited non-Member States and International Organisations that have been granted observer status.

Out now: Cross-Border Litigation in Europe

Hart Publishing Ltd. (UK) has just announced the release of Cross-Border Litigation in Europe, edited by Paul Beaumont, Mihail Danov, Katarina Trimmings and Burcu Yüksel (ISBN 9781782256762, £90.00). The following description is drawn from the publisher’s flyer:

Registration for the Hague Academy Summer Courses is Open

(from the Peace Palace)

Attention scholars of international law: The registration for the 2018 summer courses of The Hague Academy of International Law has opened. Over the years, thousands of students and professionals have come to the Peace Palace in The Hague to acquire a deeper understanding of Public International Law and Private International Law. Have a look at the program here: