The Hague Academy of International Law 2021 Online Winter Courses

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Registration for the 2021 Online Winter Courses will open on October 8th, 2020 at 0:00 hrs. The Hague Time (GMT +1).

Due to the COVID-19 pandemic, and for the first time in the Academy’s almost century-old history, a session of courses will be held exclusively online, that of winter 2021. The programme of the Winter Courses will take place as originally scheduled, from 11 to 29 January 2021. The Academy will offer registered attendees the opportunity to follow the courses in webinar format through the Zoom software application.

Programme:

Inaugural Lecture: A House of Many Rooms: The Rise, Fall and Rise Again of Territorial Sovereignty? Malcolm N. SHAW QC, Emeritus Sir Robert Jennings Professor at the University of Leicester

General Course (delivered French, simultaneously interpreted into English): International Law and Normative Polycentrism, Maurice KAMTO, Honorary Professor at the University of Yaoundé II

International Law-Making for the Environment, Alan BOYLE Emeritus Professor at the University of Edinburgh

Evidence in International Adjudication, Chester BROWN, Professor at the University of Sydney Law School

The Emergence of Food Sovereignty in International Law (delivered French, simultaneously interpreted into English), Olivier DE SCHUTTER, Professor at the Université catholique de Louvain and Former UN Special Rapporteur on the Right to Food

The Protection of Religious Cultural Property in Public and Private International Law (delivered French, simultaneously interpreted into English), José Angelo ESTRELLA FARIA, Principal Legal Officer and Head of the Legislative Branch, in the International Trade Law Division, UN Office of Legal Affairs

Civil War and the Transformation of International Law, Anne ORFORD, Professor at the University of Melbourne

The Regulation of the Internet, Inger ÖSTERDAHL, Professor at the University of Uppsala

Relationships Between International Criminal Law and Other Branches of International Law, William SCHABAS, Professor at Middlesex University London and at Leiden University

The programme can be downloaded here.

Further information on registration is here.

Highly recommended!

Extraterritorial Effect of the Hong Kong National Security Law

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Professor Sophia Tang, Wuhan University (China) and Newcastle University (UK) will give a virtual seminar in the Durham University China Law Centre. The topic is “Extraterritorial Effect of the Hong Kong National Security Law”.

Webinar: Extraterritorial Effect of the Hong Kong National Security Law 
Speaker:Prof Zheng TANG
Time:13:00 p.m. Tuesday, October 13 
 
Zoom: https://durhamuniversity.zoom.us/j/96430562639?pwd=NS9lTGlxN3U2T2dzWWIwckJodGFRQT09
Meeting ID: 964 3056 2639
Passcode:131767

Abstract:

The very controversial Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“HK National Security Law” hereafter) was promulgated in the 20thsession of the 13th National People’s Congress (NPC) of China on 30 June 2020 and entered into effect in the Hong Kong Special Administrative Region (HKSAR) at 23:00 on the same day. This law defines four categories of offences and penalties, namely secession, subversion, terrorist activities and collusion with foreign or external elements to endanger national security. Article 38 provides: “This Law shall apply to offences under this Law committed against the Hong Kong Special Administrative Region from outside the Region by a person who is not a permanent resident of the Region.” This article extends jurisdiction of the HK National Security Law to govern the action of any individuals or organisations in any country, irrespective of their nationality, residence and the law of the countries where the action has taken place. The extraterritorial effect can be summarised as: no nexus or proximity, no double criminality, and no identity requirements. The legal basis for this jurisdiction is the protective principle, which allows a state to regulate extraterritorial conduct by foreigners or non-residents that may jeopardise its vital interests.  

In this seminar, we are going to discuss what is protective jurisdiction, whether the extraterritorial effect of the HK National Security Law is justifiable in international law, what the overseas impact of the HK National Security Law would be, especially on the freedom of speech, and how this law could be enforced in practice.  

 

 

 

 

 

 

Brexit and the UK joining two HCCH Conventions – A convoluted and unorthodox process that has finally come to an end

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As announced in a previous post, the UK has (again) joined the 2005 Choice of Court Convention and the 2007 Child Support Convention. On 2 October 2020, the Depositary has officially notified of the new UK instrument of accession to the Choice of Court Convention and of the new UK instrument of ratification of the Child Support Convention, including the new UK declarations and reservations. And yes both Conventions have been extended to Gibraltar from the outset.

As you may remember, the previous UK instruments of accession to and ratification of the above-mentioned Conventions were withdrawn because the United Kingdom and the European Union signed, ratified and approved a Withdrawal Agreement. Such an agreement entered into force on 1 February 2020, and included a transition period that started on the date the Withdrawal Agreement entered into force and which will end on 31 December 2020. In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the HCCH Conventions, will continue to be applicable to and in the United Kingdom.

While from a public international law standpoint the UK has joined the HCCH Conventions above-mentioned three times (by EU approval, by accession/ratification – instruments that were later withdrawn, and by accession/ratification in September 2020), the view of the UK is that the HCCH Conventions have applied seamlessly since October 2015 regarding the HCCH Choice of Court Convention and since August 2014 regarding the HCCH Child Support Convention. In this regard, the UK declares:

With respect to the Choice of Court Convention: “Whilst acknowledging that the Instrument of Accession takes effect at 00:00 CET on 1 January 2021, the United Kingdom considers that the 2005 Hague Convention entered into force for the United Kingdom on 1 October 2015 and that the United Kingdom is a Contracting State without interruption from that date.”

With regard to the Child Support Convention: “Whilst acknowledging that the Instrument of Ratification takes effect at 00:00 CET on 1 January 2021, the United Kingdom considers that the 2007 Hague Convention entered into force for the United Kingdom on 1 August 2014 and that the United Kingdom is a Contracting State without interruption from that date.”

Before referring to the UK declarations and reservations, perhaps our readers may find it interesting to get a recap of the unorthodox process by which the UK joined the two HCCH Conventions.

  • On 1 October 2015, the UK was bound by the Choice of Court Convention by virtue of its membership of the European Union which approved the Convention on behalf of its Member States;
  • On 1 August 2014, the UK was bound by the Child Support Convention by virtue of its membership of the European Union which approved the Convention on behalf of its Member States;
  • On 28 December 2018, the UK deposited an instrument of accession to the Choice of Court Convention and an instrument of ratification of the Child Support Convention in the event the Withdrawal Agreement would not be ratified and approved by the UK and the European Union
  • On several occasions, the UK suspended the legal effect of the accession/ratification, stating that as the European Council agreed a further extension of the period for withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on European Union. During the Extension Period, the United Kingdom remains a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom. See our previous posts part I, part III;
  • The UK extended its accession/ratification to Gibraltar in the event the Withdrawal Agreement would not be ratified and approved by the UK and the European Union. See our previous post here;
  • The Withdrawal Agreement between the UK and the European Union was signed and approved and entered into force on 1 February 2020:
  • On 31 January 2020, the UK withdrew its instrument of accession to the Choice of Court Convention and its instrument of ratification of the Child Support Convention (incl. declarations and reservations and extension to Gibraltar). See our previous post here;
  • On 28 September 2020, the UK deposited a new instrument of accession to the Choice of Court Convention and a new instrument of ratification of the Child Support Convention, incl. declarations and reservations

While this process may seem to be undesirable from a legal standpoint (or just a legal nightmare!), the UK has acted in this way out of an abundance of caution and because of the lack of legal certainty surrounding Brexit.

With regard to the UK declarations, and in addition to the extension to Gibraltar, they seem to be exactly the same as those submitted previously, perhaps with some minor improvements.

The Depositary’s notifications are available here for the Child Support Convention and here for the Choice of Court Convention.

Fortunately, the process of joining the above-mentioned Conventions by the UK has finally come to an end.

Belgium ratifies the 2000 Hague Adults Convention

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On 30 September Belgium ratified the Hague Convention of 13 January 2000 on the International Protection of Adults. This means that the Convention will enter into force for Belgium on 1 January 2021. The Convention will then have 13 Contracting States. All of them are in Europe (EU or neigbouring States): Austria, Belgium, Cyprus, the Czech Republic, Estonia, France, Finland, Germany, Latvia, Monaco, Portugal, Switzerland and the United Kingdom (only Scotland). The Convention has additionally been signed by a number of other States (all EU): Greece, Ireland, Italy, Luxembourg, the Netherlands and Poland.

The European Parliament has attempted to have the Commission adopt EU legislation on this topic (see its resolutions of 2008 and of 2017). The European Law Institute has conducted a study on which we reported earlier (here). Although the Commission has not initiated legislation, they are following up the signing and ratifying of the Convention by Member States. They seem to have success.

Belgium has been preparing the implementation legislation since 2019 and initially planned to ratify the convention a year earlier, but the process was delayed due to the setting up of an electronic central register of protected persons.

(On the same day Belgium’s new federal government was sworn in after 493 days, but that is unrelated!)

HCCH Monthly Update: September 2020

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Membership

On 7 September 2020, Nicaragua and Thailand were issued with certificates confirming an affirmative vote in favour of their respective admissions as Members of the HCCH, following a six-month voting period which ended on 4 September 2020. Both Nicaragua and Thailand are now each invited to deposit an instrument of acceptance of the HCCH Statute to become a Member of the HCCH.

Conventions & Instruments

On 12 September 2020, the HCCH 1965 Service Convention entered into force for Austria. It currently has 78 Contracting Parties. More information is available here.

On 16 September 2020, Serbia signed the HCCH 2007 Child Support Convention. The next step for it to enter into force is for Serbia to deposit its instrument of ratification. More information is available here.

On 28 September 2020, the United Kingdom deposited its instrument of accession to the HCCH 2005 Choice of Court Convention and its instrument of ratification of the HCCH 2007 Child Support Convention. The United Kingdom is currently bound by both Conventions by virtue of the approval of the EU, and they will continue to be applicable until 31 December 2020. Both Conventions will then enter into force on 1 January 2021, ensuring a seamless continuity in operation. More information is available here.

On 30 September 2020, Belgium deposited its instrument of ratification of the HCCH Protection of Adults Convention, which now has 13 Contracting Parties. More information is available here.

Publications & Documentation

On 2 September 2020, the Proceedings of the Twenty-First Session were published online. The series contains all the minutes and working documents of the Twenty-First Session of the HCCH, during which the HCCH 2007 Child Support Convention was concluded. It also includes relevant documents from the preparatory Special Commissions and the preliminary studies carried out by the Permanent Bureau. It is published in bilingual form, with English and French texts appearing side by side. It is available for download here.

On 22 September 2020, the Explanatory Report on the HCCH 2019 Judgments Convention was approved following a two-month silent approval procedure during which no Member of the HCCH raised an objection. This report, prepared in both English and French, reflects the discussions and consensus-based negotiations leading to the adoption of the Convention, and, although non-binding in nature, will serve as an important and authoritative resource in the implementation, operation and interpretation of the HCCH Judgments Convention. More information is available here.

These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.

United Kingdom joins 2005 Choice of Court and 2007 Child Support Conventions

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On 28 September 2020, the United Kingdom of Great Britain and Northern Ireland deposited its instrument of accession to the HCCH Convention of 30 June 2005 on Choice of Court Agreements (2005 Choice of Court Convention) and its instrument of ratification to the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Child Support Convention). The full text of the HCCH’s announcement is here.

Out now: Festschrift 40 Jahre IPRG

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Celebrating the 40th birthday of the Austrian Private International Law Act, scholars from numerous European countries have contributed to a festschrift of more than 400 pages edited by Florian Heindler (Sigmund Freud University Vienna). The essays focus on the possible reform of the Austrian PIL Act, its value, and its role as a national PIL Codification influenced and partly derogated by EU legislation. The contributions from Andrea Bonomi (in English), Axel Flessner, Fabienne Jault-Seseke, Thomas John, Caroline Sophie Rupp, Thomas Bachner, Ena-Marlis Bajons Wolfgang Faber, Edwin Gitschthaler, Florian Heindler, Helmut Heiss, Brigitta Lurger, Martina Melcher, Andreas Schwartze, and Bea Verschraegen deal with the general part of the PIL act and specific issues such as conflict of laws in family, property, succession, and company law matters.

The table of contents can be accessed here.

Update: HCCH 2019 Judgments Convention Repository

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In preparation of the Video Roundtable by the University of Bonn and the HCCH on 29 October 2020, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please email us if you miss something in it, we will update immediately…

Update of 27 June 2020: New entries are printed bold.

Please also check the “official” Bibliograghy of the HCCH for the instrument.

1. Explanatory Reports

Garcimartín Alférez, Francisco;
Saumier, Geneviève		 „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020, Pre-Publication available here
Garcimartín Alférez, Francisco;
Saumier, Geneviève		 “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. No. 1 of December 2018 (available here)
Nygh, Peter;
Pocar, Fausto		 “Report of the Special Commission”, HCCH Prel.-Doc. No. 11 of August 2000 (available here), pp 19-128

2. Bibliography

Beaumont, Paul “Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447
Beaumont, Paul “Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137
Blom, Joost “The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304
Bonomi, Andrea “European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193
Bonomi, Andrea “Courage or Caution? – A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31
Bonomi, Andrea;
Mariottini, Cristina M.		 “(Breaking) News From The Hague: A Game Changer in International Litigation? – Roadmap to the 2019 Hague Judgments Convention”, Yearbook of Private International Law 20 (2018/2019), pp 537-567
Borges Moschen, Valesca Raizer;
Marcelino, Helder		 “Estado Constitutional Cooperativo e a conficaçao do direito internacional privado apontamentos sobre o ’Judgement Project’ da Conferência de Haia de Direito Internacional Privado”, Revista Argumentum 18 (2017), pp 291-319

(Cooperative Constitutional State and the Codification of Private International Law: Notes on the “Judgment Project” of the Hague Conference on Private International Law)
Brand, Ronald A. “The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. 2019-02, pp 1-35
Brand, Ronald A. “Jurisdictional Developments and the New Hague Judgments Project”, “in HCCH (ed.), A Commitment to Private International Law – Essays in honour of Hans van Loon”, Cambridge 2013, pp 89-99
Brand, Ronald A. “New Challenges in Recognition and Enforcement of Judgments”, in Franco Ferrari, Diego P. Fernández Arroyo (eds.), Private International Law – Contemporary Challenges and Continuing Relevance, Cheltenham/Northampton 2019, pp 360-389
Brand, Ronald A. “Jurisdiction and Judgments Recognition at the Hague Conference: Choices Made, Treaties Completed, and the Path Ahead”, Netherlands International Law Review (NILR) 67 (2020), pp 3-17
Çaliskan, Yusuf;
Çaliskan, Zeynep		 “2 Temmuz 2019 Tarihli Yabanci Mahkeme Kararlarinin Taninmasi ve Tenfizine Iliskin Lahey Anlasmasinin Degerlendirilmesi”, Public and Private International Law Bulletin 40 (2020), pp 231-245

(An Evaluation of 2 July 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters)
Clavel, Sandrine; Jault-Seseke, Fabienne “La convention de La Haye du 2 juillet 2019 sur la reconnaissance et l’exécution des jugements étrangers en matière civile ou commerciale: Que peut-on en attendre?”, Travaux du comité français de Droit international privé, Vol. 2018-2020, forthcoming (Version provisoire de la communication présentée le 4 octobre 2019 available here)
Coco, Sarah E. “The Value of a New Judgments Convention for U.S. Litigants”, New York University Law Review 94 (2019), pp 1210-1243
Cuniberti, Gilles “Signalling the Enforceability of the Forum’s Judgments Abroad”, Rivista di diritto internazionale private e processuale (RDIPP) 56 (2020), pp 33-54
de Araujo, Nadia; De Nardi, Marcelo;
Spitz, Lidia		 “A nova era dos litígios internacionais”, Valor Economico 2019
de Araujo, Nadia;
De Nardi, Marcelo;
Lopes Inez;
Polido, Fabricio		 „Private International Law Chronicles“, Brazilian Journal of International Law 16 (2019), pp 19-34

 
de Araujo, Nadia;
De Nardi, Marcelo		 „Consumer Protection Under the HCCH 2019 Judgments Convention”, Netherlands International Law Review (NILR) 67 (2020), pp 67-79
de Araujo, Nadia;
De Nardi, Marcelo		 „22ª Sessão Diplomática da Conferência da Haia e a Convenção sobre sentenças estrangeiras: Primeiras reflexões sobre as vantagens para o Brasil da sua adoção“, Revista de la Secretaría del Tribunal Permanente de Revisión 7 No. 14 (2019), páginas 198-221

(22nd Diplomatic Session of The Hague Conference and the Convention on Foreign Judgments: First Reflections on the Advantages for Brazil of their Adoption)
Dotta Salgueiro, Marcos “Article 14 of the Judgments Convention: The Essential Reaffirmation of the Non-discrimination Principle in a Globalized Twenty-First Century”, Netherlands International Law Review (NILR) 67 (2020), pp 113-120
Douglas, Michael;
Keyes, Mary;
McKibbin, Sarah;
Mortensen, Reid		 “The HCCH Judgments Convention in Australian Law”, Federal Law Review 47 (2019), pp 420-443
Franzina, Pietro; Leandro, Antonio

 

 “La Convenzione dell’Aja del 2 luglio 2019 sul riconoscimento delle sentenze straniere: una prima lettura”, Quaderni di SIDIblog 6 (2019), pp 215-231, available at http://www.sidi-isil.org/wp-content/uploads/2020/09/Quaderni-di-SIDIBlog-6-2019.pdf

(The Hague Convention of 2 July 2019 on the Recognition of Foreign Judgments: A First Appraisal)
Fuchs, Felix “Das Haager Übereinkommen vom 2. Juli 2019 über die Anerkennung und Vollstreckung ausländischer Urteile in Zivil- oder Handelssachen“, Gesellschafts- und Wirtschaftsrecht (GWR) 2019, pp 395-399
Garcimartín, Francisco “The Judgments Convention: Some Open Questions”, Netherlands International Law Review (NILR) 67 (2020), pp 19-31
Goddard, David „The Judgments Convention – The Current State of Play”, Duke Journal of Comparative & International Law 29 (2019), pp 473-490
He, Qisheng “The HCCH Judgments Convention and the Recognition and Enforcement of Judgments pertaining to a State”, Global Law Review 3 (2020), pp 147-161
He, Qisheng “Unification and Division: Immovable Property Issues under the HCCH Judgement Convention”, Journal of International Law 1 (2020), pp 33-55
Jacobs, Holger “Der Zwischenstand zum geplanten Haager Anerkennungs- und Vollstreckungsübereinkommen – Der vorläufige Konventionsentwurf 2016“, Zeitschrift für Internationales Privatrecht & Rechtsvergleichung (ZfRV) 2017, pp 24-30
Jang, Junhyok “The Public Policy Exception Under the New 2019 HCCH Judgments Convention”, Netherlands International Law Review (NILR) 67 (2020), pp 97-111
Jovanovic, Marko Thou Shall (Not) Pass – Grounds for Refusal of Recognition and

Enforcement under the 2019 Hague Judgments Convention, YbPIL 21 (2019/2020), pp. 309 – 332
Juepter, Eva “The Hague Jurisdiction Project – what options for the Hague Conference?”, Journal of Private International Law 16 (2020), pp 247-274
Kessedjian, Catherine “Comment on the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. Is the Hague Convention of 2 July 2019 a useful tool for companies who are conducting international activities?“, Nederlands Internationaal Privaatrecht (NIPR) 2020, pp 19-33
Khanderia, Saloni „The Hague judgments project: assessing its plausible benefits for the development of the Indian private international law”, Commonwealth Law Bulletin 44 (2018), pp 452-475
Khanderia, Saloni “The Hague Conference on Private International Law’s Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments: Should South Africa Endorse it?”, Journal of African Law 63 (2019), pp 413-433
Mariottini, Cristina „Establishment of Treaty Relations under The 2019 Hague Judgments

Convention“, YbPIL 21 (2019/2020), pp. 365-380
Mariottini, Cristina “The Exclusion of Defamation and Privacy from the Scope of the Hague Draft Convention on Judgments, YbPIL 19 (2017/2018), pp 475-486.
Meier, Niklaus “Notification as a Ground for Refusal”, Netherlands International Law Review (NILR) 67 (2020), pp 81-95
Nielsen, Peter Arnt “The Hague 2019 Judgments Convention – from failure to success”, Journal of Private International Law 16 (2020), pp 205-246
North, Cara “The 2019 HCCH Judgments Convention: A Common Law Perspective”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2020, pp 202-210
North, Cara “The Exclusion of Privacy Matters from the Judgments Convention”, Netherlands International Law Review (NILR) 67 (2020), pp 33-48
Oestreicher, Yoav „ ’We’re on a Road to Nowhere’ – Reasons for the Continuing Failure to Regulate Recognition and Enforcement of Foreign Judgments”, The International Lawyer 42 (2008), pp 59-86
Pertegás Sender, Marta “The 2019 Hague Judgments Convention: Its Conclusion and the road ahead”, in Asian Academy of International Law (publ.), Sinergy and Security: the Keys to Sustainable Global Investment: Proceedings of the 2019 Colloquium on International Law, 2019 Hong Kong, pp 181-190
Pertegás, Marta “Brussels I Recast and the Hague Judgments Project”, in Geert Van Calster (ed.), European Private International Law at 50: Celebrating and Contemplating the 1968 Brussels Convention and its Successors, Cambridge 2018, pp 67-82
Ribeiro-Bidaoui, João “The International Obligation of the Uniform and Autonomous Interpretation of Private Law Conventions: Consequences for Domestic Courts and International Organisations”, Netherlands International Law Review 67 (2020), pp 139 – 168
Rumenov, Ilija “Implications of the New 2019 Hague Convention on Recognition and Enforcement of Foreign Judgments on the National Legal Systems of Countries in South Eastern Europe”, EU and Comparative Law Issues and Challenges Series (ECLIC) 3 (2019), pp 385-4040
Saumier, Geneviève “Submission as a Jurisdictional Basis and the HCCH 2019 Judgments Convention”, Netherlands International Law Review (NILR) 67 (2020), pp 49-65
Schack, Haimo “Wiedergänger der Haager Konferenz für IPR: Neue Perspektiven eines weltweiten Anerkennungs- und Vollstreckungsübereinkommens?“, Zeitschrift für Europäisches Privatrecht (ZEUP) 2014, pp 824-842
Schack, Haimo „Das neue Haager Anerkennungs- und Vollstreckungsübereinkommen“, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2020, pp 1-96
Silberman, Linda “Comparative Jurisdiction in the International Context: Will the Proposed Hague Judgments Convention be Stalled?”, DePaul Law Review 52 (2002), pp 319-349
Spitz, Lidia „Refusal of Recognition and Enforcement of Foreign Judgments on Public Policy Grounds in the Hague Judgments Convention – A Comparison with The 1958 New York Convention“, YbPIL 21 (2019/2020), pp 333-364
Stein, Andreas „Das Haager Anerkennungs- und Vollstreckungsübereinkommen 2019 – Was lange währt, wird endlich gut?“, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2020, pp 197-202
Stewart, David P. „Current Developments: The Hague Conference adopts a New Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters”, American Journal of International Law (AJIL) 113 (2019), pp 772-783
Taquela, María Blanca Noodt; Abou-Nigm, Verónica Ruiz “News From The Hague: The Draft Judgments Convention and Its Relationship with Other International Instruments”, Yearbook of Private International Law 19 (2017/2018), pp 449-474
Teitz, Louise Ellen “Another Hague Judgments Convention? – Bucking the Past to Provide for the Future”, Duke Journal of Comparative & International Law 29 (2019), pp 491-511
van der Grinten, Paulien;
ten Kate, Noura		 „Editorial: The 2019 Hague Judgments Convention”, Nederlands Internationaal Privaatrecht (NIPR) 2020, pp 1-3
van Loon, Hans “Towards a global Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters”, Nederlands Internationaal Privaatrecht (NIPR) 2020, pp 4-18
van Loon, Hans “Towards a Global Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters”, Collection of Papers of the Faculty of Law, Niš 82 (2019), pp 15-35
van Loon, Hans “Le Brexit et les conventions de La Haye”, Revue Critique de Droit International Privé 2019, pp 353-366
Wagner, Rolf “Ein neuer Anlauf zu einem Haager Anerkennungs- und Vollstreckungsübereinkommen“, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2016, pp 97-102
Weidong, Zhu “The Recognition and Enforcement of Commercial Judgments Between China and South Africa: Comparison and Convergence”, China Legal Science 2019-06, pp 33-57
Weller, Matthias “The HCCH 2019 Judgments Convention: New Trends in Trust Management?”, in Christoph Benicke, Stefan Huber (eds.), Festschrift für Herbert Kronke zum 70. Geburtstag, Bielefeld 2020, pp 621-632
Weller, Matthias “The 2019 Hague Judgments Convention – The Jurisdictional Filters of the HCCH 2019 Judgments Convention”, Yearbook of Private International Law 21 (2019/2020), pp 279 – 308
Weller, Matthias “Das Haager Übereinkommen zur Anerkennung und Vollstreckung ausländischer Urteile”, in: Thomas Rauscher (ed.), Europäisches Zivilprozess- und Kollisionsrecht, Munich, 5th ed., forthcoming
Weller, Matthias Die Kontrolle der internationalen Zuständigkeit im Haager Anerkennungs- und Vollstreckungsübereinkommen 2019, in Christoph Althammer/Christoph Schärtl, Festschrift für Herbert Roth, in Vorbereitung.
Wilderspin, Michael;
Vysoka, Lenka		 “The 2019 Hague Judgments Convention through European lenses”, Nederlands Internationaal Privaatrecht (NIPR) 2020, pp 34-49
Xu, Guojian “Comment on Key Issues Concerning Hague Judgment Convention in 2019 “, Journal of Shanghai University of Political Science and Law 35 (2020), pp 1-29
Xu, Guojian “To Establish an International Legal System for Global Circulation of Court Judgments”, Wuhan University International Law Review 5 (2017), pp 100-130
Xu, Guojian “Overview of the Mechanism of Recognition and Enforcement of Judgements Established by HCCH 2019 Judgments Convention”, China Journal of Applied Jurisprudence No. 2020-02, pp 65-77
Yeo, Terence “The Hague Judgments Convention – A View from Singapore”, Singapore Academy of Law Journal (e-First) 3rd August 2020 (available here)
Zhao, Ning “Completing a long-awaited puzzle in the landscape of cross-border recognition and enforcement of judgments: An overview of the HCCH 2019 Judgments Convention”, Swiss Review of International and European Law (SRIEL) 30 (2020), pp 345-368

 

Conference Frontiers in Civil Justice 16-17 November 2020

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As announced earlier on this blog, the Conference Frontiers in Civil Justice organized by the ERC team of Erasmus School of Law in Rotterdam, will take place on 16 and 17 November 2020.

The conference addresses four key issues in civil justice, which require a deeper and renewed reflection in light of their contribution of facilitating access to justice. Those concern the shaping of the interaction between formal and informal justice, the digitalization of consumer dispute resolution, the collectivizing and monetizing of civil litigation and justice innovation.

Renowned speakers and selected speakers following a call for papers will give their views. Keynotes will be given by Professor Dame Hazel Genn (UCL) and Hrvoje Grubisic (European Commission).

View the programme and register for free online participation  here.

The conference is set up as a blended event, with speakers at the site and some presenting online. We will only be able to host a limited number of guests. If necessary, in the light of the COVID-19 situation, the conference will take place online entirely.
For more information, do not hesitate to contact us at kas@law.eur.nl (Betül).

This conference is organised by Erasmus School of Law of Rotterdam University and funded by an ERC consolidator grant from for the project ‘Building EU Civil Justice’.