New Book Published: Recognition in International Civil Litigation – European Enforcement Law

The lectures delivered at the 2013 Conference of the International Association of Procedural Law on recognition of foreign judgments and cross-border enforcement have been collected in a book, recently published by Gieseking Verlag and edited by Prof. Burkhard Hess, under the title Die Anerkennung im Internationalen Zivilprozessrecht – Europäisches Vollstreckungsrecht.

The volume addresses the following topics:

  • Perspectives on recognition within the European Union
  • Recognition under national law in Europe
  • Recognition of foreign judgments in the U.S. and in Asia
  • International enforcement between territoriality, the creditor’s interests and debtor protection
  • The European Account Preservation Order
  • Transparency of assets between the creditor’s interests and debtor protection
  • Liability, Security and Undertakings in cross-border enforcement law.

See here the table of contents. For further information please click here.




Another Opinion Limiting the Alien Tort Statute

 

Today, Judge Scheindlin of the United States District Court for the Southern District of New York dismissed a case filed by a class of South Africans against Ford Motor Company and IBM (see here SDNY SAAL.  Those companies had been sued under the Alien Tort Statute for allegedly aiding and abetting human rights violations during the Apartheid regime.  Put simply, the plaintiffs alleged that Ford and IBM oversaw operations of a subsidiary in South Africa that led to human rights violations in South Africa.  Given that the plaintiffs were unable to plead relevant conduct in the United States that would give rise to a violation of customary international law, the case was dismissed.  According to Judge Scheindlin, “That these plaintiffs are left without relief in an American court is regrettable.  But I am bound to follow Kiobel II and Balintulo, no matter what my personal view of the law may be.”

In addition to this case, the Eleventh Circuit recently dismissed a case against Chiquita for similar reasons.

Besides these two cases, the Fourth Circuit permitted a case to go forward against CACI Premier Technology for alleged abuse and torture occurring at Abu Gharib.  See here for a roundup on the Chiquita and CACI cases.




Invitation to Tender: Study on the Law Applicable to Companies

The European Commission has published an invitation to tender relating to a study on the law applicable to companies with the aim of a possible harmonization of conflict of laws rules on the matter. Deadline for submissions is 30 September 2014. More information is available here and here.




Presentation on the Boundaries of European Private International Law on SSRN

The text of the presentation of Veerle Van Den Eeckhout  on the international conference “Boundaries of European Private International Law” at Louvain La Neuve, 5/6 June 2014, entitled “The (Boundaries of) the Instrumentalisation of Private International Law by the European Institutions”.is now available on ssrn.

The abstract reads as follows:

“Where European institutions (the European legislator or the Court of Justice) get involved in PIL, PIL might (also) be assessed in the light of European objectives. Is PIL, thus, evolving into a policy instrument? Two case-studies could be analysed from this perspective: international labour law (with focus on intra-community cross-border situations) and corporate social responsibility (with focus on environmental pollution outside Europe). What interests can or may PIL serve in these areas at the end of the day, and what should be the limits?”




14th Ernst Rabel Lecture at the Max Planck Institute in Hamburg

On 20 October 2014, Dagmar Coester-Waltjen from the University of Göttingen (Germany) will deliver the 14th Ernst Rabel Lecture at the  Max-Planck-Institute for Comparative and International Private Law in Hamburg. She will discuss “Heaven and Hell – Some Refelctions on International Jurisdiction”.  More information is available here.




ERA: Annual Conference on European Family Law 2014

logo_era_en

On 25 and 26 September 2014 the Academy of European Law (ERA) will host its Annual Conference on European Family. The conference will be dedicated to recent case law and recent developments in cross-border family matters. Particular attention will be placed on the review of the Brussels IIa Regulation as well as cross-border maintenance after the entry info force of the Hague Maintenance Convention.

Further information is available here.

 




Conference on “Artificial Reproduction and European Family Law”

From October 2 to 4, 2014 the 12th biannual Symposium on European Family Law will take place at the University of Regensburg (Germany). Hosted by Anatol Dutta, Dieter Schwab, Peter Gottwald, Dieter Henrich and Martin Löhnig the symposium will be dedicated to artificial reproduction. The topic shall be discussed from a comparative and private international law perspective.

The conference language will be German. The conference programme and registration information is available here.

 




Recent PIL Scholarship

See here for a list of abstracts on SSRN of recent PIL scholarship.  Please consider subscribing to and posting PIL scholarship with this eJournal, as it will help create a central location for PIL scholarship.




Call for Papers (Australian International Law Journal)

The Australian International Law Journal, a peer-reviewed law journal published by the International Law Association (Australian Branch), calls for papers of between 6,000 -12,000 words on topics of public or private international law. The deadline for submissions is 12 September, 2014 and accepted submissions will be published in Volume 21 of the Journal.

Casenotes (2,000-3,000 words) and Book Reviews (1,000 words) within the area of public or private international law are also welcomed.

If you are interested in submitting a piece to the Australian International Law Journal, please contact the editors (treasurer@ila.org.au). Guidelines for the authors are to be found here.




Recognition of Russian Personal Status Judgments in Greece: A Case Law Survey

Dr. Apostolos Anthimos has published an article on the Recognition of Russian personal status judgments in Greece in the III issue, Vol. II (2014)  of the law review Russian Law Journal.

Recognition of Russian personal status judgments in Greece: A case Law survey

Russia and Greece have strong historical, cultural, social and financial bonds for centuries. In the aftermath of the 2nd World War, many people of Greek origin were forced to leave Greece for political reasons; they moved to the USSR, where they started a new life. Soon after the dissolution of the Soviet Union, and following supporting Greek legislation for their return to the homeland, a significant number of people decided to resettle in Greece. In order to cope with Greek bureaucracy regarding personal status matters, certain documents and court decisions of USSR (meanwhile Russian) origin had to be recognized in Greece. The present article provides a first glance at the bilateral Convention on judicial assistance in civil and criminal matters signed in 1981 between the Hellenic Republic and the ex-USSR. This ?onvention applies since December 1995 in Greek – Russian civil and criminal matters. The article will focus on Ch. V of the Convention, dealing exclusively with the issue of recognition and enforcement of judgments and authentic instruments in civil matters. At the same time it serves as a survey of reported and unreported Greek case law on the matter.

You can download the article clicking here