This presentation will describe and analyse five important trends in Australian private international law, some but not all of which are not uniquely Australian. These are increasing independence from the English law on which Australian private international law is based; an astonishing increase in the volume of cross-border litigation; the rise and rise of jurisdiction; a broad attitude to the Australian courts’ jurisdiction; and the lack of systemic development of this area of the law.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Ralf Michaelshttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngRalf Michaels2023-11-15 14:09:342023-11-15 14:09:34Virtual Workshop (in English) on December 7: Mary Keyes on Trends in Australian Private International Law
Conflicts of laws in cross-border defamation cases are politically and culturally sensitive and their resolution has always been difficult. But the ubiquity of the internet has increased their frequency, complexity, and intensity. Faced with the realities of the online environment—including the virtual disappearance of national borders—several countries have acted unilaterally to preserve their values and protect their interests. Some countries enacted laws favouring consumers or other potential plaintiffs, while other countries took steps to protect potential defendants, including publishers and internet service providers. As a result, these conflicts are now more contentious than ever before. We believe there is a better way—even-handed multilateral action rather than self-serving unilateral action. In this article, we advance two proposals for multilateral action. The first is a set of soft law principles in the form of a resolution adopted by the Institut de Droit International in 2019. The second is a proposed Model Defamation Convention. After presenting and comparing these two instruments, we apply them to two scenarios derived from two leading cases (the first and one of the latest of the internet era) decided by courts of last resort. The first scenario is based on Dow Jones & Company Inc v Gutnick, which was decided by the High Court of Australia in 2002. The second is based on Gtflix Tv v. DR, which was decided by the Court of Justice of the European Union at the end of 2021. We believe that these two instruments would produce more rational solutions to these and other cross-border defamation conflicts. But if we fail to persuade readers on the specifics, we hope to demonstrate that other multilateral solutions are feasible and desirable, and that they are vastly superior to a continuing unilateral “arms race.” In any event, we hope that this article will spur the development of other proposals for multilateral action.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Chukwuma Okolihttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngChukwuma Okoli2023-11-14 08:50:002023-11-14 15:39:41Second Issue of the Journal of Private International Law for 2023
The Private International Law Department of the University of Alicante is organizing a conference entitled “Digital Justice for Cross-border Cases” (both onsite and online – in Spanish). The event will take place on 23 November 2023 at the Salón de Grados “Rector Ramón Martín Mateo” of the Faculty of Law at the University of Alicante.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Mayela Celishttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMayela Celis2023-11-13 09:17:022023-11-13 09:17:02Conference on Digital Justice for Cross-border Cases: University of Alicante, 23 November 2023 (in Spanish)
Special Issue: Private International Law and Sustainable Development in Asia
The United Nations Agenda 2030 with its 17 Sustainable Development Goals (SDGs) seems to have a blind spot for the role of private and private international law. That blind spot is beginning to be closed. A collective volume with global outlook published in 2021 addressed “the private side of transforming our world”: each of the 17 SDGs was discussed in one chapter of the book devoted to the specific relevance of private law and private international law. In 2022, the IACL-ASADIP conference in Asunción, Paraguay discussed sustainable private international law with regard to Latin America; the contributions published in 2023 in a special issue of the University of Brasilia Law Journal – Direito.UnB., V.7., N.3 (2023).
In this occasion the focus is on Asia. The Chinese Journal of Transnational Law invites submissions for its Vol. 2 Issue 2, to be published in 2025, engaging critically with the functions, methodologies and techniques of private international law in relation to sustainability from an Asian perspective, as well as in relation to the actual and potential contributions of private international law to the SDGs in Asia. Read more
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Sophia Tanghttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngSophia Tang2023-11-12 04:00:412023-11-12 04:04:12Chinese Journal of Transnational Law Special Issue: Call for Papers
Starting 30 November 2023, the French Cour de cassation is going to host a lecture series on the ongoing discussion of Brussels Ia reform under the direction of Marie-Elodie Ancel (Université Paris-Panthéon Assas) and Pascal de Vareilles-Sommières (Université Paris 1 Panthéon-Sorbonne).
The programme of the first session – and the video stream! – can be found here.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Tobias Lutzihttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngTobias Lutzi2023-11-11 10:28:472023-11-11 10:28:47Cycle de conférences: La refonte du règlement Bruxelles I Bis
This post has been written by Sanja Marjanovic (Faculty of Law, University of Niš, Serbia) and Uglješa Grušic (UCL).
The 18th Regional Private International Law Conference will take place on 17 November 2023 at the Faculty of Law, University of Niš, Serbia, with the support of the Deutche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ). The theme of the Conference is Private International Law and International Organizations – Achievements and Challenges.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Zeynep Derya Tarmanhttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngZeynep Derya Tarman2023-11-10 13:39:562023-11-11 09:11:5718th Regional PIL Conference on 17 November 2023 at the University of Niš, Serbia
Written by Akanksha Oak, Jindal Global Law School, India
Introduction
The modern commerce landscape faces a significant challenge: the widespread infringement of intellectual property (“IP”) rights due to online interactions that enable instant global access. This issue is exacerbated by cross-border activities, necessitating the application of private international law (“PIL”). However, IP protection remains territorial, guided by the principle of “lex loci protectionis.” This results in complexities when it intersects with PIL. Online IP infringement further convolutes matters due to the internet’s omnipresence and accessibility, making the establishment of jurisdiction a complicated process for legal professionals. A pivotal development in this arena occurred in 2021 when the Delhi High Court rendered a judgement in the case of HK Media Limited and Anr v. Brainlink International Inc.,[1] illuminating India’s legal framework for determining jurisdiction in cases of online IP infringement within the context of cross-border disputes.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Saloni Khanderiahttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngSaloni Khanderia2023-11-10 06:08:022025-07-21 13:45:09Navigating Global Jurisdiction: The Indian Courts’ Approach to Online IP Infringement
The Pax Moot case for 2024 is out! This year’s round is called Petar Šarcevic, and the competition will take place in Ljubljana from 24 to 26 April 2024.
Further information and the time line is available on the Paxmoot website.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Thalia Krugerhttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngThalia Kruger2023-11-08 15:45:332023-11-08 15:45:33Pax Moot 2024 – Petar Šarcevic Round: case is out!
The Mexican Academy of Private International and Comparative Law (AMEDIP) will hold its annual XLVI Seminar entitled “Private International Law and the National Code of Civil Procedure. A critical analysis” (el Derecho Internacional Privado y el Código Nacional de Procedimientos Civiles. Un análisis crítico) from 8 to 10 November 2023. See our previous post here.
“Comentarios a la Normatividad Procesal en el Código Nacional de Procedimientos Civiles y Familiares” by Nuria González Martín and Jorge Alberto Silva.
Commenting: Magistrado Oscar Gregorio Cervera and Ligia Claudia González Lozano.
There is a fee for participation both in person and online.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Mayela Celishttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngMayela Celis2023-11-08 10:01:132025-07-21 13:45:09AMEDIP’s Annual Seminar: The program is available (in Spanish)
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png00Jeanne Huanghttps://conflictoflaws.net/News/2020/08/CoL_Banner-1.pngJeanne Huang2023-11-02 03:49:372023-11-02 03:49:372023 Annual Awards on ADR- International Institute for Conflict Prevention & Resolution
