Views
Much-awaited US Supreme Court decision has been rendered: Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.
The decision is available here and further documentation is available here. I would also like to refer to previous posts by fellow editors here and here. The US Supreme Court held that: “A federal court determining foreign law under Federal Rule of Civil Procedure 44.1 should accord respectful consideration to a foreign government’s submission, but the court is not bound to accord conclusive effect to the foreign government’s statements.”
In a nutshell, the US Supreme Court said that the weight to be given to foreign government statements depends on the circumstances of the case. In particular, it notes that “[t]he appropriate weight [a federal court determining foreign law should give to the views presented by a foreign government] in each case, however, will depend upon the circumstances; a federal court is neither bound to adopt the foreign government’s characterization nor required to ignore other relevant materials. No single formula or rule will fit all cases, but relevant considerations include the statement’s clarity, thoroughness, and support; its context and purpose; the transparency of the foreign legal system; the role and authority of the entity or official offering the statement; and the statement’s consistency with the foreign government’s past positions.”
One thing of note is that the US Supreme Court refers to Société Nationale Industrielle Aérospatiale v. United States Dist. Court for Southern Dist. of Iowa, 482 U. S. 522, which is a very important case in the context of the Hague Evidence Convention.
The concept of ‘right of access’ under Brussels II bis encompasses grandparents
In the judgment C-335/17 of 31 May 2018, the CJEU confirms that the autonomous concept of ‘right of access’ under Brussels II bis Regulation encompasses the rights of access of grandparents to their grandchildren. Read more
The “Coman” Case (C-673/16): Some reflections from the point of view of private international law
Written by Dr. iur. Baiba Rudevska (Latvia)
On 5 June 2018, the ECJ rendered a judgment in the Coman case (C-673/16). For the first time the ECJ had the opportunity to rule, on the concept of ‘spouse’ within the meaning of the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Directive 2004/38) in the context of a same-sex marriage. Even if the Directive only covers questions related to the entry and residence in the European Union (EU), this judgment could be of interest for Private International lawyers as well. Read more
News
HCCH Monthly Update: June 2023
Conventions & Instruments
On 23 June 2023, Paraguay deposited its instrument of accession to the 1965 Service Convention and the 1970 Evidence Convention. With the accession of Paraguay, the 1965 Service Convention now has 82 Contracting Parties. It will enter into force for Paraguay on 1 January 2024 subject to the Article 28 procedure. As for the 1970 Evidence Convention, with the accession of Paraguay it now has 66 Contracting Parties. It will enter into force for Paraguay on 22 August 2023. More information is available here.
Publications & Documentation
On 6 June 2023, the Permanent Bureau of the HCCH announced the publication of the Toolkit for Preventing and Addressing Illicit Practices in Intercountry Adoption. The Toolkit is intended to assist in the proper implementation and operation of the 1993 Adoption Convention, by providing practical guidelines on what must be done to identify, prevent, and address illicit practices and their enabling factors. More information is available here.
On 21 June 2023, the Permanent Bureau of the HCCH announced the publication of the HCCH’s Strategic Plan for 2023-2028. The Strategic Plan 2023-2028 outlines the mandate and mission of the HCCH, sets out the three strategic goals pursued by the Organisation to fulfil them, and enshrines the guiding principles behind all aspects of the HCCH’s operations. More information is available here. Read more
Book launch: Brooke Marshall, ‘Asymmetric Jurisdiction Clauses’
On behalf of our former editor Brooke Marshall, we are happy to share the invitation to the UNSW Law & Justice Book Forum, which will host the launch of her book on Asymmetric Jurisdiction Clauses.
The event will feature the following speakers:
- Professor Mary Keyes, Director of the Law Futures Centre; Professor, Griffith Law School, Griffith University
- Professor Caroline Kleiner, Professor, Centre for Business Law and Management (CEDAG), Faculty of Law, Université Paris Cité, Paris, France
- Chaired by Professor Justine Nolan, Director, Australian Human Rights Institute; Professor, UNSW Faculty of Law & Justice
It will take place in a hybrid setting on Wednesday, 5 July, at 4:30pm AEST = 8:30am CEST = 7:30am BST. You may register using this link.
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2023: Abstracts
The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles:
(These abstracts can also be found at the IPRax-website under the following link: https://www.iprax.de/en/contents/)