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

Tomorrow’s AAPrIL seminar: Benjamin Haward on The UN Convention on Contracts for the International Sale of Goods: Adoption and interpretation in Australia

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Join us online tomorrow for a free seminar on the CISG in Australia, delivered by Dr Benjamin Hayward.

Abstract

Australia adopted the United Nations Convention on Contracts for the International Sale of Goods (CISG) – a treaty intended to harmonise cross-border sale of goods law – in 1989. Australia gives the treaty local effect via a range of State, Territory, and Commonwealth Acts. A problem has arisen, however, with respect to the wording of that legislation. Some Australian courts consider that the treaty only applies, on a provision-by-provision basis, where it is inconsistent with local law. According to international understandings, however, the CISG is intended to displace local law to its subject-matter extent when it applies.

With reference to Australia’s statutory interpretation rules, and the legislative histories preceding the CISG’s adoption in Australia, this seminar identifies a parliamentary intention to apply the CISG in full in Australia. It therefore identifies that Australia intended to adopt the CISG in a manner consistent with its internationally understood effect. This seminar also examines the nature of Australia’s CISG cases to-date, and identifies how future courts can better engage with the treaty in order to realise its objectives of supporting international trade. Read more

University of Geneva: Deadline to register extended to 18 November 2024 – Executive training on international child protection

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The University of Geneva is organising the second edition of the Executive Training on Civil Aspects of International Child Protection (ICPT). For more information, click here. Read more

Two Positions for Doctoral Students at the Max Planck Institute for Social Anthropology in Halle, Germany

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The Department ‘Law & Anthropology ’ of the Max Planck Institute for Social Anthropology in Halle, Germany, is offering positions in the Max Planck Research Group ‘Transformations in Private Law: Culture, Climate, and
Technology’ headed by Mareike Schmidt for two doctoral students with projects on Cultural Embeddedness of Private Law.

The full advertisement can be found here.

ZEuP – Zeitschrift für Europäisches Privatrecht 4/2024

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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.

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

New Publication online in ICLQ

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Yesterday, the ICLQ published an article by Dr Maria Hook titled, “The Purpose of the Gateways for Service out of the Jurisdiction.” It is open access and it’s abstract reads as follows:

This article argues that the purpose of the English gateways for service out of the jurisdiction is to identify a presumptive meaningful connection; that courts have used different mechanisms to rebut the presumption of a meaningful connection established by the gateways; and that there are lessons to be learnt from a clearer, more explicit understanding of this presumptive purpose of the gateways. The article uses Brownlie (I and II) and Fong v Ascentic Ltd to support and illustrate these arguments.

Call for Applications: Lindemann Fellowship for Private International Law

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Call for Applications

Lindemann Fellowship for Private International Law

The Lindemann Fellowship, generously funded by the Lindemann Foundation, is a newly established initiative aimed at supporting promising academics in the field of private international law. The Fellowship’s primary
goal is to provide early-career researchers with the opportunity to build a network with academics from all over Europe. Fellows will, in principle, be accepted for a three-year period, with new Fellows joining each year, as existing Fellows complete their tenure.

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AMEDIP’s upcoming webinar: Private international law aspects in the case Estados Unidos Mexicanos v. Smith & Wesson Brands, et al. (28 November 2024 – in Spanish)

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The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 28 November 2024 at 14:30 (Mexico City time – CST), 21:30 (CET time). The topic of the webinar is the private international law aspects in the case Estados Unidos Mexicanos (Mexico) v. Smith & Wesson Brands et al. and will be presented by Dr. Manuel Segovia González (in Spanish). We have previously reported on the case here.

Read more