Symposium on “The Extraterritorial State” hosted by the Classical Liberal Institute and Willamette University College of Law

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The Classical Liberal Institute and Willamette University College of Law invite you to a a symposium on “The Extraterritorial State.” The symposium will be held this Friday and Saturday, January 25th and 26th, in the Hearings Room of the Oregon Civic Justice Center. The symposium is free and open to faculty, students, and the public. The proceedings of the symposium will be published in a forthcoming issue of the Willamette Law Review. Please feel free to attend the entire event, or whichever panels are of most interest. Please find the complete list of presentation topics and schedule below.

Friday, January 25th

Hearings Room, Oregon Civic Justice Center (790 State Street, Salem, Oregon 97301)

9:30 – 10:00am: Registration (Continental breakfast available)

10:00 – 10:15am: Opening Remarks

10:15 – 11:45am: Session 1

Presentation 1: Bill Dodge, “Reasonableness in the Restatement (Fourth) of Foreign Relations Law”

Presentation 2: Frank Gevurtz, “Extraterritoriality and the Fourth Restatement of Foreign Relations Law: Opportunities Lost”

11:45 – 12:00pm: Break

12:00 – 1:30: Session 2

Presentation 3: Maggie Gardner, “Minding the Empagran Gap”

Presentation 4: John Coyle, “Party Autonomy and the Presumption Against Extraterritoriality”

1:30 – 2:15pm: Lunch in the Oregon Civic Justice Center

2:15 – 3:45pm: Session 3

Presentation 5: Andra Burke Robertson, “Conspiracy, and Accomplice Liability under the FCPA”

Presentation 6: Yanbai Andrea Wang, “Exporting American Discovery”

3:45 – 4:00pm: Break

4:00 – 4:45pm: Session 4

Presentation 7: Richard Epstein, “Citizenship, Alienage and Territoriality”

Saturday, January 26th

Hearings Room, Oregon Civic Justice Center (790 State Street, Salem, Oregon 97301)

9:30 – 10:00am: Registration (Continental breakfast available)

10:00 – 11:30am: Session 5

Presentation 8: Kevin Benish, “Whose Law Governs Your Data?: Worldwide Injunctions, Extraterritorial Effects, And The Struggle To Regulate The Internet”

Presentation 9: Symeon Symeonides, “Injuries to Rights or Personality Through the Use of the Internet: Jurisdiction, Applicable Law, and Recognition of Foreign Judgments”

11:30 – 11:45am: Break

11:45 – 1:15pm: Session 6

Presentation 10: Jim Nafziger, “Extraterritorial Enforcement of Judgments: Rubin v. Islamic Republic of Iran, Foreign Sovereign Immunity, and the Protection of Cultural Property”

Presentation 11: Aaron Simowitz, “Defining Daimler‘s Domain: Consent, Jurisdiction, and Regulation of Terrorism”

1:15 – 2:00pm: Lunch in the Oregon Civic Justice Center

End of conference.

New Publication: Ronald A. Brand, International Business Transactions Fundamentals

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Professor Ronald Brand has published the second edition of his book, International Business Transactions Fundamentals, with Kluwer Law International. It is designed primarily for use in a course on International Business Transactions, but is suitable as a desk reference on important basic issues raised on cross-border contractual relationships. Unlike some International Business Transactions casebooks which focus on WTO-related aspects of international trade regulation, this book draws extensively on private international law and the ways in which it can be used to structure cross-border commercial transactions. Coverage includes basic commercial law issues including price-delivery terms and letter of credit financing, dispute resolution issues and how to avoid them by proper planning at the transaction stage, the legal framework for import and export regulations planning, contracting with foreign sovereigns, compliance with anti-corruption legislation, legal relationships created by foreign investment, antitrust regulation and compliance, and a chapter on professional responsibility and the unique legal representation issues raised in cross-border transactions.

The second edition incorporates nearly four decades of work by the author to present the fundamentals of the law of international business transactions organized in a manner designed to help the reader identify risks inherent in cross-border transactions; eliminate risks where possible; reduce risks that cannot be eliminated, and reallocate risks through the use of contractual relationships. It provides an organized progression of materials from the simple export-import transaction to complex international investments, all designed to help the reader understand how to avoid risk in transnational transactions through the use of the legal framework available for providing institutional protection; the purchased protection available for transnational transactions; and the ways in which negotiated protection may be provided to build on institutional and purchased protections

Professors interested in considering the book for adoption in a course may contact Laurien Roos at Laurien.Roos@wolterskluwer.com.

Italian-Spanish Journal of Procedure Law (RIEDP)

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Text provided by Laura Carballo Piñeiro – thanks!

A new online journal was born in late 2018: <http://www.rivitsproc.eu/en/>

The Italian-Spanish Journal of Procedure Law (RIEDP) is an editorial endeavour that aims to mainly publish clearly innovative papers, i.e. with the potential of making Procedure Law evolve by providing ideas and approaches that may help reform and enhance both civil and criminal procedures.

Papers written in Spanish, Italian or English are accepted for publication.

The Journal was launched by a group of scholar from Italy and Spain. Professors Jordi Nieva Fenoll, Michele Taruffo, Llorenç Bujosa Vadell, Giulio Illuminati, Rosa Ruggiero, Marien Aguilera Morales, Gina Gioia, and Laura Carballo Piñeiro have joined forces to offer a meeting point for authors that wish to share their innovative research with a wider audience.

The essential requirement to be accepted for publication is the academic value of the paper regardless of whether it has already been published elsewhere. An anonymous peer-reviewed publication, RIEDP will publish accepted paper on an open-access basis and immediately after acceptance.

In order to learn more about RIEDP, please visit its webpage.

Job Vacancy: PhD Position/Fellow at the University of Bonn, Germany

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Professor Dr Matthias Lehmann is looking for a highly skilled and motivated PhD candidate and fellow (Wissenschaftliche/r Mitarbeiter/in) to work at the Institute for Private International and Comparative Law, University of Bonn, Germany, on a part-time basis (50%) as of 1 April 2019.

The successful candidate holds a first law degree (ideally the First German State Examination) and is interested in the international dimensions of private law, in particular private international law, European law and/or comparative law. A very good command of German and English is expected; good IT skills are required.

The fellow will be given the opportunity to conduct his/her PhD project (according to the Faculty’s regulations). The position is paid according to the German public salary scale E-13 TV-L, 50% (about 1,300 Euro net per month). The initial contract period is two to three years, with an option to be extended; the candidate is free to leave before at any point subject only to timely notification. Responsibilities include supporting the Institute’s director in his research and teaching as well as independent teaching obligations (2 hours per week during term time).

If you are interested in this position, please send your application (cover letter in German; CV; and relevant documents and certificates, notably university transcripts and a copy of law degree) to lehrstuhl.lehmann@jura.uni-bonn.de by February 4, 2019. The University of Bonn is an equal opportunity employer.

Registration for OAS XLVI Course on International Law is now open

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As announced by the Department of International Law of the Organization of American States (OAS), registration is now open for the XLVI Course of International Law to be held in Rio de Janeiro, Brazil, from 22 July to 9 August 2019. Further information is available here in Spanish and English.

The preliminary draft agenda is available here.

Conference on “The CISG at Middle Age” at the University of Pittsburgh School of Law

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On March 22-23, 2019, the Center for International Legal Education (CILE) at the University of Pittsburgh School of Law will host an international conference on the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). The conference is entitled “The CISG at Middle Age.” It will be held in the Teplitz Memorial Courtroom of the Barco Law Building.

On Friday morning, panelists will discuss topics dealing with “The Past of the CISG: Its Successes and Failures.” This session will honor the memory of Peter Schechtriem and his suggestion that the CISG could provide “an International Linqua Franca.” The Friday afternoon panels will consider “The Present of the CISG: Is Uniform Interpretation Possible?,” honoring the memory of John Honnold and his exhortation towards “Resisting the Homeward Trend.” A dinner on Friday evening will feature a keynote address by Pitt Emeritus Professor Harry Flechtner on “The Past, Present and Future of the CISG (and Other Uniform Commercial Law Initiatives).” Saturday morning’s panels will focus on “The Future of the CISG: Have we come to Praise it or Bury it?”

The conference presents the opportunity to consider whether the widespread state ratification of the CISG indicates success in international law development, or whether the common practice of opting out of the CISG in private contracts demonstrates that its impact has been limited at best.

Conference speakers include: Ronald Brand (University of Pittsburgh), Petra Butler (Victoria University Wellington), Susanna Cook (Cohen & Grigsby), John Coyle (University of North Carolina), Milena Djordjevic (University of Belgrade), Johan Erauw (University of Ghent), Harry Flechtner (University of Pittsburgh), Henry Gabriel (Elon University), Jack Graves (Touro University), Joseph Gulino (Diaz, Reus & Targ), Stefan Kröll (Bucerius University), Ulrich Magnus (University of Hamburg), Francesco Mazotta (International Contract Manual), Chiara Giavannucci (University of Bologna), Vjosa Osmani (University of Pristina), Alejandro Osuna, (Tijuana, Mexico), Francesca Ragno (University of Verona), Ingeborg Schwenzer (University of Basel), Nina Tepic (University of Zagreb), Marco Torsello (University of Verona), Mark Walter (DAI Inc)

A link to more information on the conference, including additional links to the program and registration can be found here.

Global Private International Law: Adjudication without Frontiers

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Agatha Brandão de Oliveira, Senior Research Assistant at the University of Lucerne, brought to my attention a forthcoming publication bearing the above title. The official book launch will take place on February 7 in Paris

The book was edited by: Horatia Muir Watt, Professor of Law, SciencesPo Law School, Paris, France, Lucia Bíziková, Trainee in an international law firm, London, UK, Agatha Brandão de Oliveira, Guest Lecturer, Federal University of Espirito Santo (UFES), Brazil and member of the Brazilian Bar and Diego P. Fernandez Arroyo, Professor of Law, SciencesPo Law School, Paris, France. 

Contributors include: F. Antunes Madeira da Silva, S. Archer, C. Avasilencei, G.A. Bermann, R. Bismuth, L. Bíziková, S. Bollée, J. Bomhoff, S. Brachotte, A. Brandão de Oliveira, H. Buxbaum, L. Carballo Piñeiro, C. Chalas, D. Coester-Waltjen, G. Cordero-Moss, S. Corneloup, F. Costa Morosini, G. Cuniberti, J. d’Aspremont, J. Daskal, S. Dezalay, R. Fentiman, D.P. Fernández Arroyo, T. Ferrando, S. Fulli-Lemaire, U. Grusic, H. Harata, L. Hennebel, J. Heymann, P. Kinsch, H. Kupelyants, K. Langenbucher, F. Latty, O. Le Meur, G. Lewkowicz, F. Licari, F. Marchadier, T. Marzal, R. Michaels, A. Mills, H. Muir Watt, N. Najjar, V.H. Pinto Ido, E. Pataut, D. Restrepo-Amariles, D. Rosenblum, C. Salomão Filho, M. Sanchez-Badin, P. Schiff Berman, J. Sgard, D. Sindres, E. Supiot, C. Thomale, K. Trilha, H. van Loon, J. Verhellen, M. Weidemaier, M. Wells-Greco.

Key Features of the publication are presented as follows:
• the specific global scope allows the reader to gain a contextualised understanding of legal transformation
• each case has two commentaries from different viewpoints, ensuring a nuanced perspective on the implications of the global turn in private international law and its importance for adjudication
• an astute combination of theory and practice ensures readers gain an understanding of the relevance of innovative legal theories in interpreting concrete cases in a changing world
• comparative material and ground-breaking analysis make this book eminently suitable for use with students and a useful tool for researchers and courts confronted with novel topics or issues.

For more info, check here.

 

 

Call for applications: grants for young scholars wishing to carry out their research in Turin

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The Department of Law of the University of Turin intends to award three early-career fellowship grants. The value of each grant is 9.000 Euros.

Applications are welcome from young scholars, ideally with a PhD in law, in any field of law, including private international law.

Each grant is meant to finance a three-month research stay in Turin, as a result of which the grant-holder is expected to draw up a proposal for a Marie Sklodowska Curie Standard European Fellowship, indicating the Department of Law of the University of Turin as the host institution.

Candidates must not have resided or carried out their main activities in Italy for more than 12 months in the three years ending on 11 September 2019.

The deadline for applications is 11 March 2019 at 12.00 a.m. CET.

For further information see here.

Conference ‘Families Beyond Borders. Migration with or without private international law’, Ghent University, 28 and 29 March 2019 (start 28 March at 1 pm)

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On 28 and 29 March 2019, the international conference ‘Families Beyond Borders. Migration with or without private international law’ will take place in Ghent at the Faculty of Law of Ghent University (Belgium). The conference, organised by Jinske Verhellen, will focus on the challenging interactions between private international law, migration law and human rights law.

Speakers will deal with legal problems encountered by refugees and migrants with regard to their personal status acquired in one country and taken along to another country. How do people prove their family ties? How can families be reunited? How do unaccompanied refugee and migrant children prove their minority? How do asylum and migration authorities assess foreign documents that relate to the personal status of refugees? What happens if no (authentic) documents can be presented? How to combat fraud relating to personal status documents in an efficient manner without depriving migrants of their right to family life? These are just some questions that will be discussed.

The conference will put the spotlight on the ‘people’ (subject of all kinds of legal procedures). Therefore, the programme will be centred around three groups of people: persons in need of international protection, refugee and migrant children, migrants and their families. Both academics and experts with experience from the field will take and share the floor.

Ghent University is very honoured to welcome the following keynote speakers: Prof. James C. Hathaway (University of Michigan Law School) and Judge Ksenija Turkovic (European Court of Human Rights).

Confirmed speakers and rapporteurs are: Prof. Laura Carpaneto (University of Genoa), Prof. Sabine Corneloup (Université Paris II), Judge Martina Erb Klünemann (Family Court Germany, EJN and International Hague Network of Judges), Katja Fournier (Coordinator Platform Minors in Exile), Dr. Susanne Gössl (University of Bonn), Steve Heylen (Vice-President European Association of Civil Registrars), Christelle Hilpert (Head of the French Central Authority – 1996 Hague Convention), Prof. Maarit Jänterä-Jareborg (Uppsala University), Prof. Fabienne Jault-Seseke (Université Versailles), Prof. Thalia Kruger (University of Antwerp), Dr. Andrea Struwe, (attorney), Lise Van Baelen (Restoring Family Links Officer, Belgian Red Cross), Dr. Hans van Loon (former Secretary General of the Hague Conference on Private International Law), Prof. Jinske Verhellen (Ghent University) and Prof. Patrick Wautelet (Université de Liège).

Prof. Jean-Yves Carlier (Université catholique Louvain) will draw the conference conclusions.

The full program and information on registration is available here.

New publication: Silvia Marino, I rapporti patrimoniali della famiglia nella cooperazione giudiziaria civile dell’Unione europea

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Silvia Marino has just published her new book on cross-border family patrimonial relationships. Here’s an abstract prepared by the author in English:

This study tackles the PIL-related aspects of the cross-border family’s patrimonial relationships. The main focus is on the coordination and the coherence of the different International and European sources of law, taking as cornerstones the two recent EU Regulations on the matrimonial property regimes and the patrimonial effects of registered partnerships. The other fields dealt with are international successions and maintenance, as part of the global patrimonial organization of the family. Due to the high number of International and European measures within this fields, the volume offers an accurate evaluation of the final coherence of the legislation, with particular regard within the EU.

The book starts with an historical introduction and a first analysis of the definitions (with particular regard to the current notion of family). Then, it  tackles all the classical topics of PIL, under the light of the coherence of the patrimonial organization within the family. The first chapter analyses the coordination of International, European and National sources, as a necessary step to determine the applicable normative measure. Then, the study presents an examination of the convergences and divergences of the regulations in the different sources of law. The first parameter is the role of party autonomy, both within the determination of international jurisdiction and the conflict of laws. Indeed, all the measures examined leave a margin of freedom of choice in favour of the parties, which should stem into coherent outputs. The second parameter is the determination of the international jurisdiction, followed by the connecting factors, and the impact of their application to the coherence of the property regime’s regulation. The third parameter is the (scarce) legislation on the general issues of PIL, as rules on the correct functioning and application of the conflict of law rules. Finally, the last part is devoted to the different models of transnational circulation of judicial decisions, authentic instruments and Court settlements, which might have evidentiary and even enforceable effects within EU Member States. The number of acts that can freely circulate within the EU risks creating difficulties at the enforcement stage. The conclusions offer some few further ideas on the future developments of an EU Area of Freedom, Security and Justice.