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Update on the case Monasky v. Taglieri on the determination of habitual residence under the Hague Child Abduction Convention currently before the US Supreme Court
Written by Mayela Celis
For those of you who are interested in the case Monasky v. Taglieri currently before the US Supreme Court, please note that an extremely useful amicus curiae brief was filed this week by Reunite International Child Abduction Centre (as stated on its website Reunite is the “leading UK charity specialising in parental child abduction and the movement of children across international borders”). This brief will certainly help put things into perspective with regard to the weight that should be given to parental intent when determining the habitual residence of the child under the Hague Child Abduction Convention (but it only answers the second question presented). Read more
New Article on Non-Party Access to Court Documents and the Open Justice Principle
Written by Ana Koprivica Harvey
Ms Ana Koprivica Harvey (Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law) recently posted a new paper in the MPILux Research Paper Series, titled Non-Party Access to Court Documents and the Open Justice Principle: The UK Supreme Court Judgment in Cape Intermediate Holdings Ltd v Dring. Below is an overview provided by the Author.
This article analyses the eagerly awaited the UK Supreme Court judgment in Cape Intermediate Holdings Ltd v Dring, unanimously delivered on 29th July 2019. Broadly speaking, the case concerned the scope and operation of the constitutional principle of open justice. More precisely, the questions before the Supreme Court were how much of the written material placed before a court in a civil action should be accessible to persons other than the parties to the proceedings, and how such access should be facilitated. Read more
Service of Process abroad: Lost in Translation
Written by Benedikt Windau
Benedikt Windau, Judge at the Oldenburg District Court (Landgericht Oldenburg), runs a very interesting blog (in German), focusing on German Civil Procedure. In one of his recent postings, he presented a very interesting judgment of the Frankfurt CoA, related to the Service Regulation. Upon my request, he prepared an English version of his post for our blog.
A recent ruling of the Frankfurt Court of Appeals (Docket No. 13 U 210/17) will potentially shake up the (German) law of cross-border service quite a bit, as it imposes new, hence unknown obligations on the plaintiff – and its legal counsel accordingly. Read more
News
Webinar: Les relations entre le droit comparé, l’identité nationale et le colonialisme (13 December 2023)
On Wednesday, 13 December 2023, the comité de redaction of the Revue de droit international et de droit comparé will be hosting a webinar to celebrate the 100th issue of the journal. It will be dedicated to Les relations entre le droit comparé, l’identité nationale et le colonialisme and have the following programme:
Conference on Recent Trends in the Case Law of the Court of Justice of the EU (Luxembourg, 18/19 January 2024)
Each year, the European Centre for Judges and Lawyers – EIPA Luxembourg hosts a conference on ‘Recent Trends in the Case Law of the Court of Justice of the EU’. The next edition will take place on 18 and 19 January 2024. The hosts have kindly shared the following information with us, which can also be found here.
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Online seminar on International Child Abduction & Muslim (Islamic law) States: 6 December
Reminder: on 6 December from 13-14.00 GMT the University of Aberdeen,’s Centre for Private International Law is organising the second online seminar in their series . The topic of the day is Reciprocating the return of abducted children Under The 1980 Hague Child Abduction Convention with Muslim (Islamic Law) States. The speaker is Nazia Yaqub, who wrote her phd on this topic. The phd has been converted into a book in the Hart Private International Law series.
The focus of the seminar is the practical application and the challenges of the 1980 Hague Child Abduction Convention and the results of Nazia Yaqub’s empirical study, for which she interviewed young people in the abduction situations.
See more information about the seminar on the Centre of Private International Law’s website.