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Genocide by Expropriation – New Tendencies in US State Immunity Law for Art-Related Holocaust Litigations
On 10 July 2018, the United States Court of Appeals for the District of Columbia Circuit rendered its judgment in the matter of Alan Philipps et al. v. the Federal Republic of Germany and the Stiftung Preussischer Kulturbesitz.
This case involves a claim by heirs of Holocaust victims for restitution of the „Welfenschatz“ (Guelph Treasure), a collection of medieval relics and devotional art housed for generations in the Cathedral of Braunschweig (Brunswick), Germany. This treasure is now on display at the Kunstgewerbemuseum Berlin (Museum of Decorative Arts) which is run by the Stiftung Preussischer Kulturbesitz. The value of the treasure is estimated to amount to USD 250 million (according to the claim for damages raised in the proceedings). Read more
Asser’s Enduring Vision: The HCCH Celebrates its 125th Anniversary
By the Permanent Bureau of the Hague Conference on Private International Law
On 12 September 1893, Tobias Asser, Dutch Jurist, Scholar and Statesman, realised a vision: he opened the first Session of the Hague Conference on Private International Law (HCCH). Today, exactly 125 years later, the HCCH celebrates Asser’s vision and the occasion of this First Session with a solemn ceremony in the presence of his Majesty The King Willem-Alexander of the Netherlands. Read more
The race is on: German reference to the CJEU on the interpretation of Art. 14 Rome I Regulation with regard to third-party effects of assignments
By Prof. Dr. Peter Mankowski, University of Hamburg
Sometimes the unexpected simply happens. Rome I aficionados will remember that the entire Rome I project was on the brink of failure since Member States could not agree on the only seemingly technical and arcane issue of the law applicable to the third-party effects of assignments of claims. An agreement to disagree saved the project in the last minute, back then. Of course, this did not make the issue vanish – and this issues concerns billion euro-markets in the financial industry. Read more
News
DIGI-GUARD – Event on EU civil procedure: Service, Evidence and Brussels I bis Regulations (in Dutch, 3 NOvA education points): 30 November 2023
An event will take place on Thursday 30 November 2023 at Maastricht University in the Netherlands concerning the Service, Evidence and Brussels I bis Regulations. More information is available here.
This event is being organised within the framework of the DIGI-GUARD project, which is co-funded by the European Union under the JUST-2021-JCOO program and which stands for Digital communication and safeguarding the parties’ rights: challenges for European civil procedure.
Among the topics to be discussed will be the electronic service of documents under the Service Regulation, the upcoming digitalisation regulation, and many other practicalities relating to the service of documents within the European Union. It will also discuss the Evidence Regulation and the latest case law under the Brussels I bis Regulation. Finally, it will include breakout sessions where practical examples will be discussed and led by practitioners.
HCCH Monthly Update: July 2023
Conventions & Instruments
On 1 July 2023, the 2000 Protection of Adults Convention entered into force for Malta. The Convention currently has 15 Contracting Parties. More information is available here.
Meetings & Events
On 12 June 2023, the kick-off meeting of the Central Bank Digital Currencies (CBDCs) Project was held online. During the meeting experts laid the foundation for the preparatory and exploratory work relating to the CBDCs Project, which will study the private international law implications of CBDCs. More information is available here.
Podcast series in international and transnational law
Rishi Gulati, Associate Professor in International Law and Barrister, is hosting a new podcast series focusing on hot topics in international and transnational law, as well as domestic law developments with transnational impact. Significant developments impacting the legal profession are also discussed from time to time.
The podcasts are not only designed for a legal audience but also for the broader public using accessible language. They are also intended to be a teaching tool with the 50 or so minute episodes delving systematically on the issues discussed. Each episode invites a highly knowledgeable guest who can bring a unique perspective to the issue. A special attempt is made to include voices from all regions of the world.
Series 1 has now wrapped up and has seven episodes. The first three episodes concern challenges faced by the International Criminal Court, WTO and UN Human Rights Treaty Bodies respectively. The fourth episode discusses the impact of AI on the legal profession, a highly topical issue given the rise of generative AI. The fifth episode discusses the UK’s new subsidy control regime and the Levelling Up agenda. The sixth episode discusses animal rights law, with the final episode in Series 1 dealing with AI and international law from a substantive perspective. Series 2 will return after a short break!
You can subscribe to the podcast in various ways, including via SoundCloud, Spotify, and Google Podcasts