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

Out Now: Kim, Overriding Mandatory Rules in International Commercial Disputes [Open Access]

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As part of Hart’s Studies in Private International Law – Asia, Min Kyung Kim, Judge at the Incheon District Court in Korea, just published her new book on Overriding Mandatory Rules in International Commercial Disputes: Korean and Comparative Law.

The impressive monograph, just shy of 200 pages, takes a comprehensive look at the role of overriding mandatory rules in international commercial litigation and arbitration, using Korea as a vantage point. It takes a close look at a large variety of (mainly European) sources in order to interpret and critically discuss the Korean Act on Private International Law, with a particular focus on the treatment of third-country mandatory rules. The book also identifies a range of potentially overriding mandatory provisions in Korean law.

The book is available open access at the publisher’s website.

Dutch Journal of PIL (NIPR) – issue 2024/4

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The latest issue of the Dutch Journal on Private International Law (NIPR) has been published.

EDITORIAL

M.H. ten Wolde / p. 626-628

ARTICLES

A. Mens, De kwalificatie en de rechtsgevolgen van de erkenning van een kafala op grond van het Nederlandse internationaal privaatrecht/ p. 628-649

Abstract

This article focuses on the qualification and legal consequences of recognising a kafala under Dutch private international law. A kafala is a child protection measure under Islamic law, which entails an obligation to care for, protect, raise, and support a child, but without any implications for lineage or inheritance rights. The main conclusion is that a kafala generally constitutes both a guardianship and a maintenance decision. Consequently, the recognition of a foreign kafala in the Netherlands essentially entails the recognition of both the guardian’s (kafil) authority over the child (makful) and the recognition of the guardian’s maintenance obligation towards the child.

B. van Houtert, The Anti-SLAPP Directive in the context of EU and Dutch private international law: improvements and (remaining) challenges to protect SLAPP targets / p. 651-673

Abstract
Read more