Second Issue of Journal of Private International Law for 2022

The second issue of Journal of Private International Law  for 2022 was released today. It features the following interesting articles:

T Kruger et. al., Current-day international child abduction: does Brussels IIb live up to the challenges?

Regulation 2019/1111 tries to tackle the new challenges arising from societal changes and legal developments in international child abduction. The result is a sophisticated set of rules centred on the child and aimed at enhancing their protection. The Regulation provides for the hearing of the child and for speedy and efficient proceedings. In it the EU acknowledges its role in the protection of human and children’s rights and sets goals towards de-escalating family conflicts. The new EU child abduction regime is at the same time more flexible than its predecessor allowing consideration of the circumstances characterising each single case in the different stages of the child abduction procedure

9th Journal of Private International Law Conference: Call for Papers

Building on the very successful conferences held in Aberdeen (2005), Birmingham (2007), New York (2009), Milan (2011), Madrid (2013), Cambridge (2015), Rio (2017) and Munich (2019), we are pleased to announce that the Journal of Private International Law will be holding its 9th Conference at the Singapore Management University from 3 to 5 August 2023.

We now invite abstracts for the conference. Please submit an abstract if you would like to make a presentation at the conference and you are willing to produce a final paper that you will submit for publication in the Journal. Abstracts should be up to 500 words in length and should clearly state the name(s) and affiliation(s) of the author(s).

Today the Russian Federation ceases to be a High Contracting Party to the European Convention on Human Rights

Today (16 September 2022) the Russian Federation has ceased to be a High Contracting Party to the European Convention on Human Rights (ECHR). This means, inter alia, that applications against the Russian Federation will no longer be entertained by the European Court of Human Rights (ECtHR).

However, the Resolution of the ECtHR of 22 March 2022 clarified that “The Court remains competent to deal with applications directed against the Russian Federation in relation to acts or omissions capable of constituting a violation of the Convention provided that they occurred until 16 September 2022.” To view the full resolution, click here. The news item is available here.

The Russian Federation had ceased to be a member of the Council of Europe on 16 March 2022. See here.

Conference “Couple’s Property with Cross-Border Implications”

Under the auspices of the EU Justice project E-training on EU Family Property Regimes, shortly known as EU-FamPro, the project partners organise a conference COUPLES’ PROPERTY WITH CROSS-BORDER IMPLICATIONS: Uniting Academic Discussions and Practical Concerns, followed by the seminar on Practical Challenges in the Application of the Twin Regulations. The conference and the seminar are due to take place on 19 September 2022 at the University of Almeria, Spain.

The programme of the event is now available here.

The event will be held in hybrid format. You may join the event via Zoom by clicking on this link.

RIDOC 2022: Call for Applications

Some of our readers will be interested to know that University of Rijeka, Faculty of Law announced this year’s call for applications to the Rijeka Doctoral Conference: RIDOC 2022. Receiving applications on any legal or related topic of doctoral research, the conference traditionally hosts at least one session in private international law. Applications should be sent to ridoc@pravri.hr by 5 October. The conference is scheduled for 9 December 2022 in the hybrid format, but hopefully many of the participants will be able to attend onsite.

Repatriating Cultural Heritage: Conflict of Laws, Archaeology, and Indigenous Studies

From the intersection of conflict of laws, archaeology, and indigenous studies, this multidisciplinary webinar will explore legal and practical challenges and solutions in repatriating cultural heritage in Australia, China, the EU, and the USA.

Examples include an Australian repatriation project with the Anindilyakwa Land Council and Traditional Owners on Groote Eylandt, the world-wide Return of Cultural Heritage (RoCH) program established by the Australian Institute of Aboriginal and Torres Strait Islander Studies, legal battles in repatriating the Chinese statue of Zh?ng G?ng Z? Sh? (a budda statue with a mummy inside), sovereign immunity issues in recovery of World War II-era stolen art and other heritage, and participation of local communities in protecting and repatriating cultural heritage.

Speakers (listed in the surname alphabetic order):

Call for applications: 2023 Peter Nygh Hague Conference Internship

The Australian Institute of International Affairs (AIIA) and the Australian Branch of the ILA are pleased to present the 2022 Peter Nygh Hague Conference Internship. The award will support a postgraduate student or graduate of an Australian law school to undertake an internship with The Hague Conference on Private International Law in the Netherlands by providing funds to cover the cost of travel to the Netherlands and a contribution towards living expenses.

 

Applications for the 2023 Nygh Internship are now open, and will close on 30 September 2022. More information about the award and how to apply is available here, and below.

 

The Internship

Unilag Law Review

The University of Lagos Law Review (“Unilag Law Review”) in its 2022 issue recently published articles on Nigerian law. One of the articles is focused on conflict of laws:

P Oladimeji, “Simplifying the Doctrine of Renvoi under Conflict of Laws”

The doctrine of Renvoi is a topic in Conflict of Laws that posits a stumbling block, more often than anticipated, to students of the academic discourse trying to understand the scope of Conflict of Laws and how the framework of this topic applies in international matters. As such, this paper is an effort by the writer to simplify the tenets of the doctrine of Renvoi, its applicability, and its suppositions as reflected by scholars of English jurisprudence who dealt extensively with the doctrine at the time of its inception in the early 20th century. The paper begins with an introduction to the doctrine of Renvoi and its meaning per Private International Law; and then proceeds to distil the doctrine further by looking at the theories concocted by early scholars of its discourse as to its functionality in law. This paper also looks at the often quoted types of Renvoi and simplifies the difference(s) between these types as much as possible. Following this, the paper analyses the challenges brought to bear by the application of Renvoi in international matters – challenges that have led to rising arguments for and against the application of the doctrine as is.

Brussels IIb Practice Guide published

Thanks to Costanza Honorati and Laura Carpaneto for the tip!

The Practice Guide on the Brussels IIb Regulation (Regulation 2019/1111) has been published on the site of the European Judicial Network in Civil and Commercial Matters (EJN) – scroll to the bottom.

The Guide was written by Boriana Musseva under a contract between the European Commission and Milieu Consulting, under the supervision of the EJN. It uses the name Brussels IIb (presumably the Commission’s preferred nomenclature) even though some authors also use Brussels IIter. The Guide is still being translated in the other EU languages and will then also be published with the other information that the Commission provides on the European Judicial Atlas.

Here is the direct link to the Practice Guide for the application of the Brussels IIb Regulation.

Just released: Cross-Border Litigation in Central Europe: EU Private International Law Before National Courts (ed. Csongor István Nagy)

Cross-Border Litigation in Central Europe: EU Private International Law Before National Courts

A volume titled “Cross-Border Litigation in Central Europe: EU Private International Law Before National Courts” and edited by Csongor István Nagy (University of Szeged, Hungary & Center for Social Sciences, Budapest) has recently been published by Kluwer. It was and authored by Katazyna Bogdzevic, Pavle Flere, Lucia Gandzalova, Justyna Gumula-Kedracka, Tena Hosko, Monika Jagielska, Elena Judova, Inga Kacevska, Wojciech Klyta, Vadim Mantrov, Csongor István Nagy, Gabor Palasti, Dora Zgrabljic Rotar, Magdalena Sobas, Janos Szekely, Dace Trupovniece, Jiri Valdhans, Emod Veress, Lucie Zavadilova. The book provides a detailed understanding of the process of seeking justice in cross-border disputes in Central Europe and a comprehensive and exhaustive presentation of the case law in 10 Central European Member States (Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia). It is the first of its kind to offer a comprehensive and analytical overview of the judicial practice in the region. More information on the book, its content and contributors is available here.