English-language Master Program at Humboldt University Berlin

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Humboldt University Berlin is launching an English-language LL.M. program!

While Humboldt University has been offering a variety of Master-programs in German for many years, this will be the first general LL.M. program in English. The program will provide students with an in-depth understanding of German and European law, enriched with and very much in the context of global perspectives.

The program will start in October 2025 and aims to attract graduates from all over the world with strong foundational knowledge in their respective legal system and at least one year of professional experience. Applications for the program will be possible from 1 to 31 March 2025.

More information is available on this flyer and online.

For any questions, please contact int.rewi@hu-berlin.de.

Book on PIL and Global Trends (in Croatian)

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Following the conference held previously this year (reported here), the book on Private International Law and Global Trends (Medunarodno privatno pravo i globalni trendovi) has been published by the Croatian Academy of Sciences and Arts (Hrvatska akademija znanosti i umjetnosti, HAZU) within the series Modernisation of Law edited by the academic and professor Jaksa Barbic.

The book includes the following contributions (all in Croatian, while the titles are translated for the convenience of the readers of this blog):

Jaksa Barbic
Editorial

Ines Medic, University of Split, Faculty of Law
Challenges of globalization of private international law for national judiciary

Ivana Kunda, University of Rijeka, Faculty of Law
Have frontier digital technologies surpassed the boundaries of private international law?

Mirela Zupan, Assoc. Prof. Dr. Paula Poretti, Jura Golub, University of J. J. Strossmayer in Osijek, Faculty of Law
Foreign public documents in the digital age

Danijela Vrbljanac, University of Rijeka, Faculty of Law
Breach of personal data in private international law

Tena Hosko, University of Zagreb, Faculty of Law
Protection of workers in private international law

Dora Zgrabljic Rotar, University of Zagreb, Faculty of Law
The effect of the Hague Judgments Convention of 2019 on the recognition and enforcement of foreign court decisions in the Republic of Croatia

The book is presented at the HAZU official webisite, while it can be bought for a symbolic price at stores such as here.

HCCH Monthly Update: September 2024

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Conventions & Instruments

On 1 November 2024, the 2007 Child Support Convention entered into force for Kyrgyzstan. At present, 52 States and the European Union are bound by the 2007 Child Support Convention. More information is available here.

On 21 November 2024, North Macedonia deposited its instrument of ratification of the 2005 Choice of Court Convention. With the ratification of North Macedonia, 36 States and the European Union are bound by the 2005 Choice of Court Convention. It will enter into force for North Macedonia on 1 March 2025. More information is available here.

Read more

Book on PIL on rights in rem in the EU

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The book titled Private International Law on Rights in rem in the European Union. Derecho internacional privado sobre derechos reales en la Unión Europea and edited by Maria Font-Mas of the Universitat Rovira i Virgili in Spain, has just been released with Marcial Pons.

The book is the result of the several years of collaborative work (referred to here and here) of the researchers from different countries convened by Maria Font Mas under the project PID2020-112609GB-I0 “Property Rights System over Tangible Goods in the Field of European Private International Law: Aspects of International Jurisdiction and Applicable Law”, funded by the Spanish Government.

The great achievement of the editor is in her ability not only to gather and coordinate many authors of various provenance around under-researched topic of rights in rem in PIL but also to have this book published in open access so that it is available to all under no limitations except to have the internet access. The book may be viewed and downloaded at https://marcialpons-openaccess.es/index.php/juridicas/catalog/book/5 as a single volume or chapter-by-chapter. In case you prefer the paper version, it is available for purchase here.

The contributors (in the order of appearance) are: Maria Font-Mas, Georgina Garriga Suau, Josep M. Fontanellas Morell, Héctor Simón Moreno, Christopher A. Whytock, Rocío Caro Gándara, Josep M. Fontanellas Morell, Iván Heredia Cervantes, Nerea Magallón Elósegui, Ángel Serrano de Nicolás, Albert Font i Segura, Pau Oriol Cosialls Perpinyà, Ilaria Pretelli, Carmen Parra Rodríguez, Cristina González Beilfuss, Diana Marín Consarnau, Eva-Maria Kieninger, Francisco J. Garcimartín Alférez, Afonso Patrão, Pietro Franzina, Gilles Cuniberti, Jonathan Schenk, Birgit van Houtert, Alfonso Ortega Giménez, Ivana Kunda, Janeen M. Carruthers, Sabrina Ferrazzi, Guillermo Palao Moreno, Rosa Miquel Sala, Silvana Canales Gutiérrez and Vésela Andreeva Andreeva.

Webinar on Multistate Torts Ahead of the EAPIL Winter School, 2 December 2024

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On 2 December 2024, at 6 pm CET, a free webinar will take place in preparation of the 2025 edition of the EAPIL Winter School on Multistate Torts, which will be held on-site in Como between 10 and 15 February 2025 (see here for the full program and further details).

The webinar will give a glimpse of what the Winter School will be about and will briefly present some of its hot topics, such as online defamation, climate change litigation, artificial intelligence and crypto values.

The speakers are some of those who will be lecturing at the Winter School, namely Javier Carrascosa González (University of Murcia), Anatol Dutta (Ludwig Maximilian University of Munich), Thomas Kadner Graziano (University of Geneva), Tobias Lutzi (University of Augsburg), Satu Heikkilä (Administrative Law Judge), Silvia Marino (University of Insubria), Nadia Rusinova (The Hague University, attorney at law), Geert van Calster (KU Leuven) and Anna Wysocka-Bar (Jagiellonian University).

The webinar will also offer an opportunity to provide information about the EAPIL Winter School.

Join the free seminar to discover what awaits you during the Winter School week, and…if you want to know more, enrol and come to Como in February!

Those interested in attending the webinar shall write at eapilws@gmail.com in order to receive the Teams link.

More information on the Winter School is found here. To enrol in the Winter School, please fill in this form.

SICL: Workshop on Providing Information on Foreign Law to Courts on 26 November

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As foreign law assumes an increasingly significant role in judicial practice, the Swiss Institute of Comparative Law is pleased to announce a Workshop on Providing Information on Foreign Law to Courts, which will take place in Lausanne on November 26.

Renowned experts, both individuals and institutions, will delve into practical challenges and share insights, comparing practices from various countries, including England, France, Germany, Poland, Switzerland and USA.

Presentations will be conducted in English, in German or in French.

For further information, please contact: marie-laure.lauria@isdc-dfjp.unil.ch

The program for the workshop is available below or can be accessed here.

 

INDIVIDUAL EXPERTS

9.30-11.00

Chair: Dr. Lukas Heckendorn, Deputy Director, Swiss Institute of Comparative Law

  • Experiences in Poland and Germany compared

Prof. Arkadiusz Wudarski, European University Viadrina Frankfurt

  • A Common Law Experience

Prof. Franz Werro, University of Fribourg and Georgetown University

  • French Experiences

Prof. Gustavo Cerqueira, Université Côte d’Azur

Discussion

11.00-11.30: Coffee break

 

INSTITUTIONAL EXPERTS

11.30-12.30

Chair: Dr. Ilaria Pretelli, Legal Adviser, Swiss Institute of Comparative Law

  • The German Approach: The Max Planck Guidelines

Jan Peter Schmidt, Priv.-Doz., Max Planck Institute for Comparative and International Private Law, Hamburg

  • The Swiss Approach: experience of SICL

Lukas Heckendorn Urscheler, Deputy Director, Swiss Institute of Comparative Law

Discussion

12.30-13-30 : Lunch

BARCAMP

13.30-16.00

Moderator: Prof. Nadjma Yassari, Director, Swiss Institute of Comparative Law

A Barcamp session is an open and interactive format that encourages collaboration and idea-sharing. Since all participants join every session, the process is highly collaborative, ensuring focused, inclusive, and enriching discussions for everyone involved.

  • Proposing Topics: Any participant can suggest a topic, which will be guided by a moderator.
  • Moderated Discussions: A designated moderator ensures the session stays focused and that everyone has the chance to contribute.
  • Flexible Structure: Sessions can take the form of a short presentation, group discussion, or collaborative brainstorming.
  • Open Exchange: Everyone is encouraged to actively contribute their ideas, perspectives, and questions.
  • Shared Learning: The goal is to exchange knowledge, explore new approaches, and learn from each other.

16.00: closure of event

Issue 4 of Lloyd’s Maritime and Commercial Law Quarterly for 2024

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Issue 4 of Lloyd’s Maritime and Commercial Law Quarterly for 2024 was just published. It contains the following articles, case notes, and book review:

Katherine Reece-Thomas,  “State Immunity and Sunken Treasure: Finders will not Always be Keepers”

Anthony Kennedy, “Unanswered Questions”

Michael F Sturley†, “The Centenary of the Hague Rules: Celebrating a Century of International Conventions Overmining the Carriage of Goods by Sea”

2024 marks the centenary of the Hague Rules, which still play a central role in allocating the risk of cargo loss or damage. To celebrate that milestone, it is valuable to review the history, beginning with the pre-existing risk allocation. When maritime nations applied widely accepted principles differently, efforts began in the late nineteenth century to achieve uniformity by international agreement. Those efforts failed until domestic legislation exacerbated the problem and created greater pressure for a solution. Even after agreement was reached in 1924, however, another fourteen years passed before the Convention was widely in force. Since then, international uniformity has been challenged in multiple ways, and the story continues to this day.

 

Marcus Teo, “Foreign Law as Fact”

In English law, “foreign law”, as applied under choice-of-law rules, is a question of fact. This “fact doctrine”, however, faces scepticism for three reasons: it remains unclear whether foreign law is truly treated as a question of fact, why it is so treated, and what the precise fact-in-issue is. This article addresses these concerns. It demonstrates that, today, foreign law is treated like any other question of fact. It then argues that foreign law should be classified as a question of fact, and should refer to foreign legal rulings, because this facilitates the accurate prediction of foreign decisions.

 

Adrian Briggs, “Book Review – Dicey+100. Albert Venn Dicey: A Centennial Commemoration”

 

 

Virtual Workshop (in English) on December 3: Stéphanie Francq on “Overriding Mandatory Rules in Family Matters and Personal Status, Are Belgians the Only Ones?”

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On Tuesday, December 3, 2024, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 2:45 p.m. – 4:15 p.m. (CET). Professor Stéphanie Francq (UCLouvain) will speak, in English, about the topic

“Overriding Mandatory Rules in Family Matters and Personal Status, Are Belgians the Only Ones?”

 

Are we really witnessing the occurrence of overriding mandatory rules in family matters and personal status? A new phenomenon seems indeed to surface in this area with examples of substantive rules or values, announced by the lawmaker, together with a clear intention to apply in identified international situations. Belgian law offers a series of examples. But are Belgian the only ones using this method? German law has also offered a better known and rather unfortunate illustration with the Act to prevent child marriage. These rules, their upsides and downsides, deserve close consideration. First and obviously for technical reasons: are we indeed facing overriding mandatory rules, similar to those concerning business transactions? Or is this some new form of public policy exception? Are these rules carefully designed legal objects or rather clumsy attempts to secure the application of the lex fori? Beyond the technicalities, the presentation will tend to investigate potential reasons behind this new phenomenon.

It turns out that these rules might have something to tell us about the current state of conflict of laws, its politics and its theories, and its need to look beyond its own borders.

 

The presentation will be followed by open discussion. All are welcome. More information and sign-up here.

If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.

Programme | Conference on Private International Law and Sustainable Development in Asia

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Private International Law and Sustainable Development in Asia

Date: 23 November 2024
Venue: Wuhan University School of Law, Conference Hall 120

Zoom link: Meeting ID: 846 5342 1671 Passcode: 206716

22 November 2024

06:00 PM: Conference Dinner

23 November 2024

08:30 – 09:00 AM: Registration and Welcome Coffee Read more