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China’s Countering Improper Foreign Extraterritorial Jurisdiction Regulation Blocked EU’s Extraterritorial Data Acquisition

Written by Jeremy MEI Ziyang

LLM student at Wuhan University

Visiting student at Singapore Management University

I. Background

On 15 May this year, Ministry of Justice (MOJ) of China issued its Official Notice No 5 of 2026 (‘the MOJ Notice’), announcing that the relevant extraterritorial investigation carried out by EU on Chinese entities Nuctech constitutes improper extraterritorial jurisdiction measures under China’s Regulation on Countering Improper Foreign Extraterritorial Jurisdiction (ROCIFEJ, State Council Decree No 835).[1] This Regulation was promulgated and entered into force on 7 April 2026. As a nationwide regulation promulgated by State Council, although it cannot be called an ‘Act’ that should be passed by the National People’s Congress, its legal hierarchical force directly follows an ‘Act’, higher than the previous Blocking Rules issued by Ministry of Commerce (MOC).[2]

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Enforcement of New York Judgments in Côte d’Ivoire: Insights from a Recent Decision of the Abidjan Commercial Court

Many thanks to Boris Awa (Kigali Independent University ULK, Kigali, Rwanda) for the tip-off

I. Introduction

The recognition and enforcement of foreign judgments in Francophone African countries remains a largely underexplored subject in the literature, including in French-language scholarship. The laws of many countries have not yet been systematically analysed from a comparative perspective, and in several jurisdictions access to even the most basic information is itself a considerable challenge. This note aims to raise awareness of African private international law, in particular in Francophone Sub-Saharan African countries. The case discussed here concerns the enforcement of a New York judgment in Côte d’Ivoire. It provides an opportunity to present the Ivorian system of recognition and enforcement of foreign judgments and to examine some of the key issues addressed by the Ivorian court.

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Investment Awards vs Sovereign Immunity: Navigating the Enforcement Maze

By Cara North, Counsel, Ashurst

The intersection of foreign State immunity and the enforcement of international arbitral awards has been a hotly contested issues in recent years. First the question was whether a State has waived immunity from court processes concerning recognition and enforcement of arbitral awards by ratifying the 1965 Convention of Settlement of Investment Disputes (ICSID Convention) – to which the answer has been yes in Australia and the  England and Wales (among other jurisdictions). More recently, the question has been whether a State’s ratification of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) constitutes an implicit waiver of sovereign immunity, to which the High Court of Australia most recently held no.

In CCDM Holdings, LLC v The Republic of India [2026] HCA 9, the High Court of Australia unanimously held that ratification of the New York Convention does not, of itself, waive foreign State immunity under the Foreign States Immunities Act 1985 (Cth). The decision aligns Australia with the current position in the United States, Canada, and England and Wales, reinforcing an emerging common law consensus in that regard.

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News

ZEuP – Zeitschrift für Europäisches Privatrecht 3/2026

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. 

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Out Now: Calliess & Renner, Rome Regulations: Commentary (4th Edition)

Kluwer Law International has just released the fourth edition of Rome Regulations: Commentary, edited by Gralf-Peter Calliess and Moritz Renner, offering an article-by-article “German-style” analysis of the Rome I, II, and III Regulations. This landmark work has long been recognized as a leading authority on EU conflict-of-laws rules, and the new edition brings the commentary fully up to date.
The updated volume incorporates developments since 2020, most notably landmark CJEU rulings that have advanced a common European understanding of the Regulations’ key provisions. It also addresses the post-Brexit landscape of EU-UK relations in private international law, and, reflecting a growing practical concern, the increasing intersection of economic sanctions regimes with overriding mandatory provisions.
More information is available at the publisher’s website.

【Out Now】Silberman’s Hague Academy General Course: The Counter-Revolution in U.S. Private International Law: From Standards to Rules?

For anyone who begins studying private international law – particularly from a civil law perspective – one of the first concepts encountered, after Savigny’s ‘Copernican Revolution’, is the American ‘Choice-of-Law Revolution’. Since the late 1950s, American courts and scholars have progressively abandoned the rigid territorial methodology embodied in the First Restatement of Conflict of Laws in favour of more flexible approaches based on standards and policy-oriented analyses. The pioneering contributions of Brainerd Currie, David Cavers, Robert Leflar, and William Baxter, among others, fundamentally reshaped American conflicts law and made the United States a laboratory of modern choice-of-law theory.

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