Views
Conflict of laws in the South African courts: a recent missed opportunity
Posted on behalf of Jason Mitchell, barrister at Maitland Chambers in London and at Group 621 in Johannesburg.
It’s rare for conflict of laws to come up in South African courts (with the notable exception of the Turkcell litigation from earlier this year; see the summary on this site at https://conflictoflaws.net/2025/south-africa-grapples-with-the-act-of-state-doctrine-and-choice-of-law-in-delict/).
Reciprocity and the Enforcement of Foreign Judgments in Egypt – A Critical Assessment of a Recent Supreme Court Decision
I. Introduction
Reciprocity is probably one of the most controversial requirements in the field of the recognition and enforcement of foreign judgments. While its legitimacy appears to be on the wane (see Béligh Elbalti, “Reciprocity and the Recognition and Enforcement of Foreign Judgments: A Lot of Bark but Not Much Bite,” 13 JPIL 1 (2017) 184), reciprocity can still strike hard – particularly when it is applied loosely and without sufficient consideration.
The case presented here, decided by the Egyptian Supreme Court (Appeal No. 11434 of 21 June 2025), provides a good illustration. Despite the Court’s well-established case law imposing certain restrictions on the use of the reciprocity requirement, this recent judgment shows that, when not applied with the necessary rigor, reciprocity can still produce significant effects that undermine the legitimate expectations of the parties.
The WTO TRIPS Agreement and Conflict-of-Laws Rules in Intellectual Property Cases
By Marketa Trimble, Samuel S. Lionel Professor of Intellectual Property Law, Co-Director of the IP Law Concentration, William S. Boyd School of Law, University of Nevada, Las Vegas
It is neither new nor surprising that international treaties affect the design and application of conflict-of-laws rules; not only international conventions on private international law but also other international treaties shape conflicts rules, with human rights treaties being the primary example. But a recent decision concerning the interpretation of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) could have profound and arguably unprecedented effects on the conflict rules that are applied in intellectual property (“IP”) cases, such as cross-border cases concerning copyright infringement, trademark ownership, and patent licenses.
News
Save the Date: 24/25 September 2026, International Filiation Law in the EU
On 24 and 25 September 2026, the international conference ‘International Filiation Law in the EU’ will take place at the University of Bonn (Germany). The conference will analyse the EU Parenthood Proposal and the several academic and political reactions to this Proposal, and embed it in a human rights and EU law frame.
Confirmed speakers are Cristina González Beilfuss (Barcelona, Spain), Susanne Lilian Gössl (Bonn, Germany), Ulrike Kjestina Janzen (German Federal Ministry for Justice and Consumer Protection), Martina Melcher (Graz, Austria), Nicolas Nord (CIEC/ICCS), Ilaria Pretelli, (Lausanne, Switzerland), Velina Todorova (Plovdiv, Bulgaria), Alina Tryfonidou (Cyprus), and Patrick Wautelet (Liége, Belgium).
Everybody who is interested in cross-border questions of filiation, child protection and EU law is invited to come and contribute to the ongoing discussion!
More information and the programme will follow soon. If you have questions, please write to sekretariat.goessl@jura.uni-bonn.de.
Virtual Presentation (in English) on March 24, 2026: Prof. TU Guangjian on Legislative Jurisdiction, Adjudicatory Jurisdiction and Enforcement Jurisdiction: How Can They Be Reconciled in Private International Law and Beyond?
The next Asian Private International Law Academy (APILA) meeting will be on Tuesday 24 March (not 17 March) when Professor Tu Guangjian will introduce his work in progress on “Legislative Jurisdiction, Adjudicatory Jurisdiction and Enforcement Jurisdiction: How Can They Be Reconciled in Private International Law and Beyond?”. Professor Tu looks forward to the insights and comments of attendees on how he might develop his ideas on the topic. Read more
Virtual Workshop (in English) on April 7, 2026: Chukwuma Okoli on “Choice of Law for Employment Contracts in Africa: Rethinking the EU Methodology in an African Context”
On Tuesday, April 7, 2026, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Chukwuma Okoli (University of Birmingham) will speak, in English, about the topic
“Choice of Law for Employment Contracts in Africa: Rethinking the EU Methodology in an African Context”
This presentation examines how African courts have approached choice of law in cross-border employment contracts, often drawing—explicitly or implicitly—on the dominant EU methodology reflected in the Rome I framework. It argues that while the EU model has influenced doctrinal development, its underlying assumptions do not always align with African values and labour realities. Drawing on primary sources from across African jurisdictions, including case law and legislation, the paper proposes a modified methodology that better reflects worker protection, and normative commitments embedded in African legal systems.
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.