Nagy on intra-EU BIT’s after Achmea

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Csongor István Nagy (University of Szeged, Faculty of Law) has posted on SSRN a paper titled Intra-EU Bilateral Investment Treaties and EU Law after Achmea: ‘Know Well What Leads You Forward and What Holds You Back’, which appeared in 19(4) German Law Journal 2017, pp. 981-1016.

The abstract reads as follows.

This paper analyzes the compatibility of intra-EU bilateral investment treaties – intra-EU BITs – with EU law. The status and validity of intra-EU BITs gave rise to a heated debate in Europe, which culminated in the CJEU’s recent controversial judgment in Achmea. This Article demonstrates that although the CJEU approached intra-EU BITs from the angle of federalism – where they are both redundant and illegitimate – the reality is that EU law does not provide for the kind of protection afforded by BITs. The paper gives both a positivist and a critical assessment of the Achmea ruling. It argues that the judgment should be construed in the context of the underlying facts and, hence, notwithstanding the CJEU’s apparently anti-arbitration attitude, its holding is rather narrow. It gives an alternative theory on intra-EU BITs’ fit in the EU internal market – based on European reality – showing that the complete invalidation of intra-EU BITs is flawed because the overlap between BITs and EU law is merely partial: BITs address a subject EU law does not. This Article’s central argument is that intra-EU BITs accelerate the internal market and, hence, their suppression does not lead the European integration further, but holds it back. Finally, this Article argues that the prevailing pattern of investment protection is a global scheme that cannot be arrested through regional unilateralism as essayed by the CJEU.

Fourth Issue of 2018’s Revue Critique de Droit International Privé

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The last issue of the “Revue critique de droit international privé” will shortly be released.

This is a special edition for the celebration of the fiftieth anniversary of the Brussels Convention of 1968, composed of fourteen articles from all over Europe.

The articles are authored by Hélène Gaudemet-Tallon (“La convention de Bruxelles du 27 septembre 1968: 50 ans”); Jürgen Basedow (“L’espace judiciaire européen et ses voisins”); Paul Beaumont, (“Forum non conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”); Andrea Bonomi (“50 ans de Convention de Bruxelles: ce n’est qu’un début, continuons le combat!”); Francisco Garcimartín (“Brussels I instruments: past, present and… future”); Trevor C. Hartley (“The Brussels Convention in International Perspective”); Alex Mills (“The Brussels Convention 1968: A Code and a Concept”); Rui Manuel Moura Ramos (“La Convention de Bruxelles, un demi-siècle après”); Charalambos Pamboukis, “La Convention de Bruxelles: une convention constituante et un système de conflit de juridictions fédéral?”); Monika Pauknerová (“Reflections on the Brussels Convention from the Czech perspective”); Fausto Pocar (“La longue marche de Bruxelles I: un parcours encore inachevé?”); Peter Schlosser (“Observations autour du cinquantième anniversaire de la Convention de Bruxelles”); Symeon C. Symeonides (“The Brussels Convention Fifty Years Later: A View from Across the Atlantic”); and Maciej Szpunar (“Droit international privé de l’Union: cohérence des champs d’application et/ou des solutions?”).

A full table of contents is available here.

ELI-UNIDROIT & ERA Conference to be held in Trier (Germany) on 26-27 November 2018

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On 26-27 November, a Conference entitled From Transnational Principles to European Rules of Civil Procedure will be held in Trier (Germany). This conference is being organised by the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT), in cooperation with the Academy of European Law (ERA). Please click here for more information, including the programme of the conference.

As some of you may know, ELI and UNIDROIT are currently working on a joint project entitled “From Transnational Principles to European Rules of Civil Procedure.” It builds upon an instrument produced jointly by the ALI (American Law Institute) and UNIDROIT entitled “Principles of Transnational Civil Procedure” and aims at the regional development of those Principles.

There are currently 9 working groups on different aspects of civil procedure, in addition to an overarching working group dealing with structure. For further information about the background of this project, click here.

As indicated on the conference’s website: “[t]his public Conference aims at presenting the advanced results achieved by the project’s current and former working groups. Participants of the Conference will have a chance to get a sense of the whole project as the work is drawing to an end. Members of the project as well as other esteemed experts in the field of civil procedure will present the achievements and challenges of the work of the respective working groups and stimulate a discussion on selected pressing legal issues in the area of civil procedure.”

Job vacancies at the MPI Luxembourg

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The Max Planck Institute Luxembourg for Procedural Law is offering three full-time positions at the Research Department of European and Comparative Procedural Law, two for Research Fellows in EU Procedural Law (PhD candidate) and one for a Senior Research Fellow. The contracts are on a fixed-term basis for 24 months with the possibility of a contract extension.

Positions:

The Institute is looking for a highly motivated Senior Research Fellow who would join the Department of European and Comparative Procedural Law led by Prof. Dr. Dres. h.c. Hess and composed by a team of five senior research fellows and 15 research fellows. The Department conducts scientific research in three areas: European civil procedural law, comparative procedural law and dispute resolution in the cross-roads between private and public international law.

The Research Fellow will conduct legal research and cooperate at the Max Planck Institute Luxembourg within the Project “EUFam’s II – Facilitating cross-border family life: towards a common European understanding)” which aims (i) at assessing the effectiveness of the functioning ‘in concreto’ of the EU Regulations in family matters, as well as the most relevant Hague instruments in this field of law along with Regulation (EU) 2016/1191 on public documents; and (ii) at identifying the paths that lead to further improvement of such effectiveness. Moreover, the Project will focus on the impact of the arrival of refugees in Europe as well as of the Brexit phenomenon in the field of European Family Law.

The successful candidate will have the great opportunity to contribute to the development of the Department of European Comparative Procedural Law led by Prof. Dr. Dres. h. c. Burkhard Hess and, in parallel, work on her/his PhD project.

The Research Fellow is expected to assist in the achievement of the objectives of the Project on a part-time basis during the two years of duration of the project, namely by carrying out and developing legal research with a view to contributing to the drafting of the Project’s Final Study and by participating in the presentation of the scientific outcomes of the Project.

In addition, the successful candidate is expected to write her/his PhD thesis and perform the major part of her/his PhD research work in the premises of the institute in Luxembourg, but also in close collaboration with her/his external supervisor and with the university or institution delivering her/his PhD diploma. A supervision of a PhD-thesis by Professor Hess will also be possible.

Profiles:

Senior Research Fellow: Applicants must have earned a degree in law and hold a PhD degree by the time they join the MPI, preferably in a topic falling within the scope of European Procedural Law in civil and commercial matters. The successful candidate shall possess a strong interest and aptitude for legal research and have a high potential to develop excellence in academic research.

Her/his CV must portray a consolidated background in EU international procedural law or in comparative procedural law: prior publications in this field of the law shall be highly regarded in the selection process. An interest in Family law is an asset. Full proficiency in English (and other foreign language) is compulsory (written and oral).

Research Fellow: Applicants are required to have obtained at least a Master degree in Law with outstanding results and to have knowledge of domestic procedural and European procedural law, in particular linked to family matters. According to the academic grades already received, candidates must rank within the top 10 %.

The successful candidates should demonstrate a great interest and curiosity for fundamental research and have a high potential to develop excellence in academic research. Proficiency in English is compulsory (in written and oral); further language skills (in French notably) are of advantage.

All applications are to be made online until 30th October 2018 via the following links:

For further information see here.

Movement of persons and their personal status in a globalized world: Conference in Lyon (France) on 11-12 October 2018

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The University of Lyon III will host the conference “La circulation des personnes et de leur statut dans un monde globalisé” on 11 and 12 October 2018.

After a short introduction on the stakes and the historical aspects of the law on such movements, the first day will address the principles governing those movements (Human rights, EU rights, party autonomy and the States’ interests) and day two the diverse methods, traditional or in test, to regulate them (Conflict of laws v. Recognition ; Impacts of public order, fraud and abuse of rights; Documents, constitution, absence and effects).

The conference is also remarkable by its panels since more than 60 scholars and professionals (lawyers, notary public, international organizations) from 7 nationalities are announced lead by Profs. Hugues Fulchiron (Lyon III), Hélène Gaudemet-Tallon (Paris II), Jean Foyer (Paris II), Paul Lagarde (Paris I), Hans van Loon (Former Sec. Gen. of the Hague Conference) and Horatia Muir Watt (Science Po.).

Publication of all the interventions is also planned. More information is available here

Call for Papers: Cynical International Law?

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The Working Group of Young Scholars in Public International Law and the German Society of International Law are pleased to invite the submission of papers for a conference on

Cynical International Law?
Abuse and Circumvention in Public and Private International Law as well as European Law

6 – 7 September 2019, Freie Universität Berlin.

Contributions on public and private international law as well as European law, also from an interdisciplinary perspective, are welcome. The conference seeks to be a forum for dialogue between young and established scholars. Young scholars’ contributions will be commented on by established scholars.

The call for papers is available here.

Anonymized abstracts in German or English (max. 500 words) should be submitted by 31 January 2019 via the application form on the conference website.

Contractual Issues in Private International Law Conference

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Dear Colleague,

We are pleased to invite you to attend the Contractual Issues in Private International Law Conference to be hosted by the University of Marmara, School of Law, Department of Private International Law, Sultanahmet campus in the European side of Istanbul, Turkey on the 11th October 2018.
If you need any further information about the conference, please follow the link below:
http://etkinlik.marmara.edu.tr/contractsinpil

Yours Sincerely,
Assoc. Prof. Dr. Mustafa Erkan
Conference Co-Chair

Cross-border conversions, mergers and divisions in the European Union: a paper on the 2018 Commission’s proposal

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In April 2018  the European Commission presented a proposal for a directive amending Directive 2017/1132 relating to certain aspects of company law as regards cross-border conversions, mergers and divisions (COM(2018) 241 final).

In July 2018 a group of professors of the Universitat Autònoma de Barcelona (Autonomous University of Barcelona) drew up a document to comment on some aspects of the proposal.

The paper was presented at a public hearing organised by the European Economic and Social Committee (EESC) on 10 September 2018, in Thessaloniki (Greece), in the context of the discussion within the EESC leading to the adoption of an opinion on the said proposal.

The paper, in English, can be found here.

Space of Flows and the Law – A seminar in Nice

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On 25 October 2018, the University of Nice will host a seminar titled Space of Flows and the Law.

The event, part of a series of doctoral workshops on Multidisciplinary and Comparative Approaches to Globalization Phenomena, aims to discuss the idea of “flow space” and its possible relevance to the understanding of complex phenomena relating to globalization and transnational movement.

The main speakers are Benjamin Bowling (King’s College London), who will present his research on Global Policing, and Jean-Sylvestre Bergé (University of Nice), who will speak of his research on Full Movement Beyond Control and the Law.

Guillemine Taupiac-Nouvel (Uinversity of Pau-Bayonne) will moderate the discussion.

See here for further information.

Waiting for Brexit: Conference in Milan (Italy) on 19 October 2018

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The result of the 2016 Brexit referendum was not only a political shock, but also and foremost a symbolic turning point in the history of the EU. The United Kingdom’s foreseen withdrawal from the Union has given rise to many political, legal, economic and social debates.

The University of Milan-Bicocca will host the conference “Waiting for Brexit: open issues in the internal market and in the AFSJ” which will take place on 19 October 2018 with the aim of contributing to the analysis of the impact and possible effects of Brexit on both EU Law and Italian law in practice.

After a short overview of the main institutional aspects, national and international experts from various background (scholars, public officials, legal practitioners, industry representatives) will offer the audience with an insight into the changes that the withdrawal from the EU of a Member State will have on specific socio-economic areas.

In particular, the first part of the morning session, chaired by Prof Antonio Tizzano, will be devoted to some general overviews on the impact of Brexit on the European Union (Jacques Ziller), on the current state of the EU-UK negotiations (Carlo Curti Gialdino) and the role of the Court of Justice after the UK withdrawal (Kieran Bradley). The second part of the morning will then focus on the possible effects of Brexit on specific sectors, notably the transfer of personal data outside the EU taking into account the new GDPR (Bruno Gencarelli), as well as judicial cooperation in criminal matters in light of the recent case-law of the CJEU.

The afternoon session, chaired by Prof Fausto Pocar, will follow on and be dedicated to the likely effects of Brexit on banking and investment law (Giovanni Sabatini), competition law (Gabriella Muscolo), intellectual property law (Paul Torremans), company law (Rafael Arenas García), and the Dublin asylum system (Michael Wilderspin).

The conference is organised by Costanza Honorati (Full Professor of EU Law and Private International Law, University of Milan-Bicocca), Serena Crespi (Aggregate Professor of EU Law, University of Milan-Bicocca) and Paolo Iannuccelli (Référandaire at the Court of Justice of the European Union) within the framework of the Jean Monnet Module held at the University of Milan-Bicocca.

More information is available here.