Cuadernos de Derecho Transnacional, Vol. 11, No 1 (2019)

The latest issue of Cuadernos de Derecho Transnacional, an open-access online journal focusing on private international law, is out.

It features some sixty papers (in Spanish, English and Italian) covering a broad range of topics, such as matrimonial property regimes, trade names, the legal framework of drones, child abduction, international data transfers, successions upon death and antitrust torts.

The current issue, like previous ones, can be accessed here.

Guide on the Law Applicable to International Commercial Contracts in the Americas has been approved by OAS

The Organization of American States (OAS) has announced that the Inter-American Juridical Committee (CJI) has approved the Guide on the Law Applicable to International Commercial Contracts in the Americas. See the summarized recommendations on p. 6, the actual Guide starts on p. 16.

The Rapporteur of the Guide is Dr José Antonio Moreno Rodríguez.

Importantly, one of the recommendations of the Guide is that “OAS Member States, regardless of whether they have or have not ratified, or do or do not intend to ratify the Mexico Convention, are encouraged to consider its solutions for their own domestic legislation, whether by material incorporation, incorporation by reference, or other mechanisms as applicable to their own domestic legal regimes, taking into consideration subsequent developments in the law applicable to international commercial contracts as expressed in the Hague Principles and as described in this Guide.”

Unfortunately, only two States are parties to the Mexico Convention: Mexico and Venezuela. See here.

While the OAS Guide takes into consideration and examines both instruments, it should be noted that the official article-by-article Commentary on the Hague Principles is available here.

The OAS news item is available here (Spanish version of the Guide is not yet available).

Book Launch: A Conceptual Analysis of European Private International Law

Dr. Felix M. Wilke (University of Bayreuth, Germany) recently published a new book titled “A Conceptual Analysis of European Private International Law”.

Read more

The 31st annual conference on private international law at the Swiss Institute of Comparative Law

This year’s Journée de droit international privé of the Swiss Institute of Comparative Law will be devoted to Interim Measures in International Commercial Litigation, and will take place on 23 May 2019, in Lausanne.

Speakers include George A. Bermann, Andrea Bonomi, Lawrence Boo, Sabine Corneloup, Gilles Cuniberti, Karim El Chazli, Sandrine Giroud, Laurent Hirsch, Alexander Layton, Ilaria Pretelli, and Gian Paolo Romano.

The detailed program, with further information on registration and fees, can be found here.

Alan Uzelac on the current challenges to investor-state arbitration in Europe

Prof. Uzelac has published recently an article on the current challenges to investor-state arbitration in Europe. The article comes almost as a birthday present, to celebrate one year after the CJEU published its famous Achmea ruling. The summary of the article reads as follows:

This paper addresses the current challenges to investor-state arbitration in Europe. Two parallel developments are outlined: the current change in the EU policy towards arbitration provisions in multilateral and bilateral investment treaties, and the consequences of the Achmea case decided by the Court of Justice of the European Union in March 2018. The author analyses the critical arguments behind the current European anti-arbitration stance and concludes that while some of them (but not all) may have some foundation, a sufficient number of reasons speak against the radical dismantling of the system of international investment arbitration. An analysis of the proposed alternatives shows that they fail to deliver viable solutions for diagnosed problems. In particular, the replacement of ad hoc tribunals by a multilateral investment court (MIC) seems to be a step in the wrong direction. The ISDS has played an important role in the global fostering of international investment by securing a basically fair system of dispute resolution in a very specific field. Its deficiencies are not beyond repair; on the other hand, the alternatives offered suffer from flaws that are the same or much more troubling. The author concludes that the consequences of the ‘change of tide’ in the approach to investor-state dispute resolution are likely to be detrimental to the very goals of those who advocate the abandoning of investment arbitration.

The article was published in the journal Access to Justice in Eastern Europe (AJEE), and is available in full text here.

The meaning of economic freedoms of movement

Following a call for papers announced on this blog a few months ago, the University of Nice will host on 23 and 24 May 2019 a conference exploring the meaning of economic freedoms of movement (Le sense des libertés économiques de circulation).

The event, part of the IFITIS Project led by Jean-Sylvestre Bergé, is the third in a series of multidisciplinary, international and comparative doctoral workshops devoted to the study of movement phenomena.

The goal is to foster discussion on the capacity of the various disciplines represented (including law, economics, management, philosophy, sociology, history and computer science) to question the meaning – reasons for being, justifications, purposes – of economic freedoms of movement (free trade, international trade and European freedoms of movement).

Further information, including as regards registration, may be found here.

Diversity in Unity: The Succession Regulation in Hungary and Beyond – International conference and workshop on the EU Succession Regulation

On Friday, 12 April 2019, the EU Justice funded project GoInEu (Governing Inheritance Statutes after the Entry into Force of EU Succession Regulation) and the Hungarian Chamber of Civil Law Notaries’ will organize a conference and a workshop on the first three (and half) years of application of the EU Succession Regulation (650/2012/EU).

The conference and workshop will be held in Budapest (Hungary). The complete programme is available here. 

Participation is free of charge. The conference language will be Hungarian, with simultaneous English translation.

Those who wish to attend are kindly requested to register by filling out the registration form available here.

For questions and inquiries please contact Ádám Fuglinszky (Eötvös Loránd University, Budapest) at fuglinszky@ajk.elte.hu.

It is possible! Another milestone for the Hague Conference: the Intercountry Adoption Convention has 101 Contracting Parties

Another HCCH Convention has recently reached the number of 100 Contracting Parties. In February and March 2019, two States joined the HCCH Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Intercountry Adoption Convention): Guyana (by accession) and Honduras (by ratification).

The Intercountry Adoption Convention will enter into force for Guyana and Honduras on 1 June 2019 and 1 July 2019, respectively. The status table is available here.

As announced, Guyana and Honduras are the first States in the Americas to become a party to all four modern HCCH Children’s Conventions. In addition to the Intercountry Adoption Convention, the other modern HCCH Children’s Conventions are:

  • the HCCH Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (Child Abduction Convention);
  • the HCCH Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (Child Protection Convention); and
  • the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (Child Support Convention).

There is also a Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations but neither of them is yet a party.

The other two Hague Conventions that have reached 100 or more Contracting Parties are the Child Abduction Convention (see my previous post here) and the HCCH Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention). The latter has 117 Contracting Parties, the latest one being the Philippines (to enter into force on 14 May 2019 see here).

The HCCH news item is available here.

Conflictoflaws.net editor Ralf Michaels appointed Director of the Max Planck Institute Hamburg

We are happy to report that one of our editors, Ralf Michaels from Duke University, has been appointed a new Director of the Max Planck Institute for Comparative and International Private Law in Hamburg. Succeeding Prof. Dr. Dr. h.c. must. Jürgen Basedow, who retired in 2016, Ralf assumed the position part-time in January 2019 and will take on his duties full-time in summer 2019.

Congratulations!

For more on Ralf’s appointment and his research agenda see here.

Conference ‘e’ meets justice

On 2 and 3 May 2019, academics, IT and legal professionals will meet in Lisbon to discuss how to improve the collaboration between these communities in cross-border civil procedures. During this two-day conference, participants will reflect on issues that currently complicate the cooperation, but are also invited to share ideas on possible solutions. The goal of the conference is to identify the issues at stake, to learn of diverging approaches on citizen-centered cross-border justice and to find means to jointly deploy these approaches to bring justice closer to citizens.

The full program will be published shortly. You can pre-register here.

The event is organised by the e-CODEX Plus project in cooperation with the ‘Building EU Civil Justice’ project run by the Erasmus School of Law of the Erasmus University in Rotterdam.