New publications on the Hague Conference (HCCH) and the Global Horizon of Private International Law

Former Secretary General of the Hague Conference on Private International Law (HCCH), Hans van Loon, has just published an article on the HCCH and a Chinese translation of his inaugural lecture on the global horizon of private international law delivered at the 2015 Session of the Hague Academy:

– Hans van Loon, “At the Cross-roads of Public and Private International Law – The Hague Conference on Private International Law and Its Work”, in Collected Courses of the Xiamen Academy of International Law, Vol. 11, pp. 1-65, (Chia-Jui Cheng, ed.), Brill/Nijhoff, 2017 (available via Brill).

Contents:

  1. Role and Mission of the Hague Conference on Private International Law
  2. Origin and Development of the Hague Conference
  3. The impact of Contemporary Globalisation

Japan adopts effects doctrine in antitrust law

For a long time, Japan refused to extend application of its antitrust laws to foreign cartels, even those with an impact on the Japanese market. Following a 1990 Study Group Report recommending adoption of the effects doctrine, the Japanese Fair Trade Commission has increasingly applied Japanese antitrust law extraterritorially, as Marek Martyniszyn reports in a helpful recent article. Now the Japanese Supreme Court has upheld a series of judgments from the Tokyo High Court, thereby effectively adopting the effects doctrine. The doctrine appears to go very far: according to the report, the cartel had reached its price-fixing agreement in Southeast Asia, and affected products had been purchased by Southeast Asian units and subcontractors rather than the Japanese companies themselves.

An earlier article, including more detailed comment on the decision by the Tokyo High Court is Tadashi Shiraishi, Customer Location and the International Reach of National Competition Laws, (2016) 59 Japanese Yearbook of International Law, 202-215 (published 2017) (SSRN). The author of the article was involved in the litigation.

Save the Date: Second German Conference for Young PIL Scholars “Private International Law between Tradition and Innovation” on 4/5 April 2019

By Stephan Walter, Research Fellow at the Research Center for Transnational Commercial Dispute Resolution (TCDR), EBS Law School, Wiesbaden, Germany.

In light of the success of the first German conference for young PIL scholars, held in April 2017 in Bonn (see the recent announcement of the conference volume as well as the conference report), we would like to continue the academic and personal exchange with a second conference. It will take place on 4 and 5 April 2019 at the University of Würzburg (Germany). The key note will be given by Professor Jürgen Basedow (emeritus director at the Max Planck Institute for Comparative and International Private Law). Read more

Politik und Internationales Privatrecht [English: Politics and Private International Law]

edited by Susanne Lilian Gössl, in Gemeinschaft m. Rafael Harnos, Leonhard Hübner, Malte Kramme, Tobias Lutzi, Michael Florian Müller, Caroline Sophie Rupp, Johannes Ungerer

More information at: https://www.mohr.de/en/book/politik-und-internationales-privatrecht-9783161556920

The first German conference for Young Scholars of Private International Law, which was held at the University of Bonn in spring 2017, provides the topical content for this volume. The articles are dedicated to the various possibilities and aspects of this interaction between private international law and politics as well as to the advantages and disadvantages of this interplay. “Traditional” policy instruments of private international and international procedural law are discussed, such as the public policy exception and international mandatory rules (loi de police). The focus is on topics such as human rights violations, immission and data protection, and international economic sanctions. Furthermore, more “modern” tendencies, such as the use of private international law by the EU and the European Court of Justice, are also discussed. Read more

Recent conflicts developments in New Zealand

With the end of the year fast approaching, here is a quick round-up of news from New Zealand:

  • The New Zealand Parliament recently passed the Private International Law (Choice of Law in Tort) Act 2017. The Act introduces new torts choice of law rules and abolishes the common law rule of double actionability. The Act is closely modelled on the Private International Law (Miscellaneous Provisions) Act 1995 (UK), with some notable exceptions. A copy of the Act is available here (and see here for its legislative history).

The 11th “Luxemburger Expertenforum” on the development of EU law

On 3 and 4 December 2017, the 11th “Luxemburger Expertenforum” on the development of EU law took place at the Court of Justice of the European Union. This forum is a workshop that is organised regularly by the German members of the Court of Justice (including the members of the European Court [formerly of First Instance] and the Advocates General); it is presided by the President of the CJEU, Koen Lenaerts, and attended by non-German members of the Court as well (although the discussions at the meeting are held in German).

2 New Books: Choice of Law for Mortgages // Divorce in Private International Law

For those able to read Portuguese, two new books have been recently released, as a result of theses defended earlier this year at the Universities of Coimbra and Lisbon. English abstracts provided by the Authors read as follows (more info, respectively, here and here):

AFONSO PATRÃO, Freedom of Choice in Mortgage and a Reinforcement of International Cooperation

Abstract: This dissertation concerns the implementation of a European mortgage market, identifying obstacles to its accomplishment and offering solutions to overcome them.

Considering statistical data that indicate national compartmentalisation of mortgage markets (as land security rights are essential for internal credit but, internationally, less than 1% of all international credit involves mortgages), we start by justifying the inclusion of international mortgages within the scope of European Treaties, demonstrating that the European Union objectives include the free movement of land security rights.

Register now: How European is European Private International Law? Berlin, 2/3 March 2018

Over the course of the last decades the European legislature has adopted a total of 18 Regulations in the area of private international law (including civil procedure). The resulting substantial degree of legislative unification has been described as the first true Europeanisation of private international law and even as a kind of “European Choice of Law Revolution”. However, until today it is largely unclear whether the far-reaching unification of the “law on the books” has turned private international law into a truly European ”law in action”: To what extent is European private international law actually based on uniform European rules common to all Member States rather than on state treaties or instruments of enhanced cooperation? Is the way academics and practitioners analyse and interpret European private international law really different from previously existing domestic approaches to private international law? Or is the actual application and interpretation of European private international law rather still influenced or even dominated by national legal traditions, leading to a re-fragmentation of a supposedly uniform body of law?

Hague Academy Now Offers Winter Courses

The Hague Academy has long offered three week summer courses in private international law. Beginning in 2019, it will also offer winter courses in January.

This is mainly because universities in the southern hemisphere are teaching during the months of July and August, when the Academy’s courses are taking place, which makes it difficult for their students to come to The Hague during that period. On the other hand, their vacation period during the southern summer will allow these students to come to the Academy in January without conflicting with their academic year. The winter courses were therefore created in the first instance with students from this part of the world in mind.

ERA Seminar “Access to Documents in the EU and Beyond: Regulation 1049/2001 in Practice”

By Ana Koprivica, Research Fellow MPI Luxembourg.

On 20th and 21st November 2017 in Brussels, the Academy of European Law (ERA) hosted the seminar: “Access to Documents in the EU and Beyond: Regulation 1049/2001 in Practice”, bringing together national and EU civil servants, lawyers, active members of the NGOs and civil society, and academics. The seminar aimed at providing participants with answers to practical questions on access to information and documents in the European Union. Read more