Book Launch: Philosophical Foundations of Private International Law – Oxford, March 19, 4pm-6pm

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In 2024, Oxford University Press published Philosophical Foundations of Private International Law, edited by Roxana Banu, Michael S Green, and Ralf Michaels. The book represents the first inter-disciplinary engagement with questions of private international law from a philosophical perspective, covers a wide range of philosophical questions in private international law and brings philosophers in conversation with private international law scholars to demystify the analytical tools of each discipline in relationship to the other. More information on the book, including a table of contents, is here.

Now, Oxford University is organizing a hybrid book launch on March 19, 4pm-6pm. An introduction from the Editors will be followed by a discussion on key themes by Gabriel Encinas, Verónica Ruiz Abu-Nigm,  Robert Stevens, Antonios Tzanakopoulos, and Emmanuel Voyiakis. More information on the event and on how to sign up for physical or virtual participation is here.

Workshop on Cross-border Protection of Cultural Property-Agenda

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Workshop on Cross-border Protection of Cultural Property Agenda

2025.2.28, UTC 8:00 – 12:15 (London Time)

 

 8:00 – 8:05 Opening Remarks
Zheng Tang professor of Law, editor in chief, Chinese Journal of Transnational Law; Associate Dean, Wuhan University Academy of International Law and Global Governance
8:05 – 8:45 Keynote Address
Christa Roodt Senior Lecturer of History of Art, University of Glasgow
Zhengxin Huo Professor of Law, China University of Political Science and Law
Panel 1: Legal Mechanisms of Cross-Border Cultural Property Protection
8:45 – 9:00 Elena Moustaira The contribution of Postcolonial Theory to the cross-border protection of Indigenous cultural heritage
9:00 – 9:15 Yehya Badr Restitution of stolen foreign cultural property and hurdles in choice of law
9:15 – 9:30 Maggie Fleming Cacot Forfeiture and freezing orders in transborder cultural property litigation
9:30 – 9:50 Commentary and Discussion
Panel 2: Regional Practices and Challenges in Cultural Property Restitution
9:50 – 10:05 Andrzej’s Jakubowski Moving People, Shifting State Borders and the Return of Cultural Property: The Case of Poland
10:05 – 10:20 Miroslaw Michal Sadowski From freedom to restitution (with special focus on Central and Eastern Europe and the Lusophone community)
10:20 – 10:35 Ekin Omeroglu The Issue of Applicable Law in Disputes Arising from Violations of Private Law Regulations on Cultural Properties: The Case of Turkiye
10:35 – 10:50 Ruida Chen Restitution of cultural property in China: In search of a new paradigm for cross-border cultural property claims
10:50 – 11:10 Commentary and Discussion
Panel 3: Looking to the Past and the Future
11:10 – 11:25 Dabbie De Girolamo The Relevance of ADR for transnational cultural property disputes: A Survey and Analysis of China’s experience
11:25 – 11:40 Andreas Giorgallis Restitution of cultural objects unethically acquired during the colonial era: The intersection of Public and Private International Law
11:40 – 11:55 Evelien Campfens Evolving Legal Models of Restitution
11:55 – 12:15 Commentary and Discussion

Join Zoom Meeting:

https://zoom.us/j/87424891864?pwd=8rHX72dmzi7FCDWWnm7F2n1OLIOFaC.1

Meeting ID: 874 2489 1864 Password: 574150

Giustizia consensuale No 2/2024: Abstracts

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The second issue of 2024 of Giustizia consensuale (published by Editoriale Scientifica) has just been released, and it features:

Tommaso dalla Massara (Professor at Università Roma Tre), Per un’ermeneutica della certezza nel processo civile romano: tra regula iuris e determinazione pecuniaria (For a Hermeneutics of Certainty in the Roman Civil Process: Between Regula Iuris and Pecuniary Determination; in Italian).

This contribution offers a reflection on procedural certainty, starting from the Roman classical process. In particular, crucial is the idea that, in this procedural system, certainty is to be related to the rule of ‘condemnatio pecuniaria’. Thus, certainty is translated into the determinacy of the pecuniary sentence. What emerges is a peculiar way of understanding judicial activity, which is characterised by the alternativeness between the groundedness and groundlessness of the claim (si paret/si non paret oriented to a certum), as opposed to the hypothesis in which the assessment is left entirely to the judge.

Beatrice Ficcarelli (Associate Professor at the University of Florence), L’acquisizione di informazioni e «prove» nella negoziazione assistita da avvocati: la tessera che mancava (The Acquisition of Information and ‘Evidence’ in Negotiation Assisted by Lawyers: The Missing Piece of the Puzzle; in Italian). Read more

Call for Participants: Quo Vadis Preferential Law Approach? A Survey on the Interpretation of Article 6(2) Rome I Regulation Across EU Member States

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Benedikt Schmitz (University of Groningen) has shared the following call for participants with us:

Quo Vadis Preferential Law Approach? A Survey on the Interpretation of Article 6(2) Rome I Regulation Across EU Member States

Project description:

The Rome I Regulation plays a crucial role in determining the applicable law in cross-border consumer contracts within the European Union. Article 6(2) Rome I Regulation allows parties to choose the governing law while ensuring that consumers do not lose the protection granted by mandatory provisions of the law that would apply in the absence of such a choice. Despite its significance, the interpretation of this provision varies across Member States, leading to questions about its practical coherence and effectiveness. Read more

Call for Papers: Contributions on Regulatory Initiatives on Ecodesign and Sustainable Products to the Journal of Law, Market & Innovation (JMLI)

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We are happy to share the following call for papers by the Journal of Law, Market & Innovation (JMLI):

The JLMI invites contributions on the subject of “Regulatory Initiatives on Ecodesign and Sustainable Products”, to explore the legal frameworks, challenges, and opportunities related to ecodesign, with the goal of fostering an in-depth understanding of how it can influence economic growth and how it will be integrated in the current legal framework. This Special Section invites scholarly contributions examining the role of emerging sustainability initiatives, introducing new sustainability requirements and responsibilities, particularly in the EU regulatory framework. Read more

Out Now: Mazza, ‘Il foro dell’obbligazione nata in internet’

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An impressive Italian monograph of more than 400 pages on jurisdiction in internet cases (‘Il foro dell’obbligazione nata in internet’) has just been published.

The author has kindly provided the following summary:

The book addresses the topic of civil jurisdiction over disputes arising on the Internet, observing it from different perspectives. In the first chapter the Author delves into the United States case law on the so-called “Internet torts”, reaching the conclusion that solutions based on the targeting test could be usefully employed to draft an international convention with the aim of establishing rules in the current confusing scenario. In the second and third chapters the doctrine of forum non conveniens and the phenomenon of libel tourism are explored in-depth. The fourth chapter examines the main decisions issued by the CJEU concerning jurisdiction over contractual and extracontractual liability (including cases such as eDate, Bolagsupplysningen, Pammer, etc.), while the fifth chapter is focused solely on Italian procedural rules and case law. In the last two chapters, starting from the assumed need to ensure the effectiveness of judicial remedies, the problems of the extraterritorial scope of online content removal orders as well as important EU Regulations (mostly the Digital Services Act and the GDPR) are examined, with finally a part on the “Schrems saga” and the EU-US agreements on the transfer of personal data (including the EU-US Data Privacy Framework).

 

ZEuP – Zeitschrift für Europäisches Privatrecht 1/2025

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A new issue of ZEuP – Zeitschrift für Europäisches Privatrecht is now available and includes contributions on EU private law, comparative law and legal history, legal unification, private international law, and individual European private law regimes. The full table of content can be accessed here: https://rsw.beck.de/zeitschriften/zeup.

The following contributions might be of particular interest for the readers of this blog: Read more

Call for papers: 3rd Postgraduate Law Conference of the Centre for Private International Law and Transnational Governance (Aberdeen)

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The Centre for Private International Law and Transnational Governance of the University of Aberdeen is pleased to announce that it is now accepting submissions for the 3rd Postgraduate Law Conference of the Centre for Private International Law which will take place online on 6 June 2025.  

 Conference Theme: New Dimensions in Private International Law Read more

Chinese International Lawyers Bulletin: Call for Submissions

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With the trend of globalization, legal exchange and cooperation, even competition and conflict between nations have become the norm. The demand for legal services in cross-border investment, international trade, and transnational dispute resolution is also sharply on the rise. As the world’s second-largest economy, China’s legal system is playing an increasingly significant role in cross-border legal services. However, the international legal community generally does not have much understanding of China’s foreign-related legal system and practice. There is a need for a platform that can, systematically and timely, provide information for the Chinese foreign-related legal development including updating China’s foreign-related legal policy, explaining the making and amending of relevant Chinese laws and reporting Chinese foreign-related cases etc. Read more

ILA Committee on Conflict-of-Laws Issues in International Arbitration: First Webinar on 18 February 2025

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This post was written by Lukas Petschning, University of Vienna.

Conflict of laws is one of the most complex and disputed subject areas in international arbitration. An abundance of academic works has examined the issue and proposed widely diverging solutions. Yet, these studies frequently focus on isolated issues and lack overall consistency. Equally, they are often overly theoretical, lacking practical guidance useful to the average arbitrator or judge.

Forging a path toward more legal certainty, the International Law Association has established a new Committee on Conflict-of-Laws Issues in International Arbitration. It is chaired by Dr Nikolaus Pitkowitz and Ms Wendy Lin, with Professor Matthias Lehmann and Dr Mariel Dimsey acting as co-rapporteurs.

Read more