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Book review: H. Muir Watt’s The Law’s Ultimate Frontier: Towards an Ecological Jurisprudence – A Global Horizon in Private International Law (Hart)
(Written by E. Farnoux and S. Fulli-Lemaire, Professors at the University of Strasbourg)
Horatia Muir Watt (Sciences Po) hardly needs an introduction to the readers of this blog. The book published last year and reviewed here constitutes the latest installment in her critical epistemological exploration of the field of private international law. More specifically, the book builds upon previously published fundamental reflections on the methods of private international law already initiated (or developed) in her previous general course (in French) at the Hague Academy of International Law (Discours sur les méthodes du droit international privé (des formes juridiques de l’inter-altérité)), as well as on the contemporary relevance of private international law (“Private International Law Beyond the Schism”). Numerous other works, naturally, also come to mind when reading this book (see among many others, ed. with L. Bíziková, A. Brandão de Oliveira, D. Fernandez Arroyo, Global Private International Law : adjudication without frontiers; Private International Law and Public law).
The publication of a book on the field that this blog deals with would be enough to justify it being flagged for the readers’ attention. We feel, however, that its relevance to our academic pursuits warrants more than a mere heads-up and, while it would be unreasonable (and risky) to try to summarize the content of this engrossing and complex book in a blog friendly format, we would like to make a few remarks intended to encourage the readers of this blog to engage with this innovative and surprising work.
Transforming legal borders: international judicial cooperation and technology in private international law – Part II
Written by Yasmín Aguada** [1]– Laura Martina Jeifetz ***[2]. Part I is available here
Abstract: Part II aims to delve deeper into the aspects addressed in the previously published Part I. International Judicial Cooperation (IJC) and advanced technologies redefine Private International Law (PIL) in a globalized world. The convergences between legal collaboration among countries and technological innovations have revolutionized how cross-border legal issues are approached and resolved. These tools streamline international legal processes, overcoming old obstacles and generating new challenges. This paper explores how this intersection reshapes the global legal landscape, analyzing its advantages, challenges, and prospects.
Keywords: private international law, international judicial cooperation, new technologies, videoconferencing, direct judicial communications, Smart contracts, and Blockchain.
NUON-Claim v. Vattenfall: Pivotal or dud for collective actions in the Netherlands?
Written by Jos Hoevenaars (Erasmus University Rotterdam) & Eduardo Silva de Freitas (Erasmus University Rotterdam), members of the Vici project Affordable Access to Justice, financed by the Dutch Research Council (NWO), www.euciviljustice.eu.
On 9 October, the District Court of Amsterdam issued its final judgment in a collective action against energy supplier Vattenfall. This judgment was eagerly awaited as it is the very first judgment in a mass damage claim under the Dutch WAMCA procedure. The new framework for collective redress, which became applicable on 1 January 2020 (see also our earlier blogpost), has received a lot of attention in international scholarship and by European legislators and policy makers due to its many innovations and making it easier for consumers and small businesses to litigate against large companies. The most notable change in the Dutch act compared to the old collective action regime is the possibility to request an award for damages, making such proceedings attractive for commercial litigation funders. A recent report commissioned by the Dutch Ministry of Justice and Security (published in an English book here) found that most collective actions seeking damages brought under the WAMCA have an international dimension, and that all of these claims for damages are brought with the help of third party litigation funding (TPLF). Read more
News
Webinar on Multistate Torts Ahead of the EAPIL Winter School, 2 December 2024
On 2 December 2024, at 6 pm CET, a free webinar will take place in preparation of the 2025 edition of the EAPIL Winter School on Multistate Torts, which will be held on-site in Como between 10 and 15 February 2025 (see here for the full program and further details).
The webinar will give a glimpse of what the Winter School will be about and will briefly present some of its hot topics, such as online defamation, climate change litigation, artificial intelligence and crypto values.
The speakers are some of those who will be lecturing at the Winter School, namely Javier Carrascosa González (University of Murcia), Anatol Dutta (Ludwig Maximilian University of Munich), Thomas Kadner Graziano (University of Geneva), Tobias Lutzi (University of Augsburg), Satu Heikkilä (Administrative Law Judge), Silvia Marino (University of Insubria), Nadia Rusinova (The Hague University, attorney at law), Geert van Calster (KU Leuven) and Anna Wysocka-Bar (Jagiellonian University).
The webinar will also offer an opportunity to provide information about the EAPIL Winter School.
Join the free seminar to discover what awaits you during the Winter School week, and…if you want to know more, enrol and come to Como in February!
Those interested in attending the webinar shall write at eapilws@gmail.com in order to receive the Teams link.
SICL: Workshop on Providing Information on Foreign Law to Courts on 26 November
As foreign law assumes an increasingly significant role in judicial practice, the Swiss Institute of Comparative Law is pleased to announce a Workshop on Providing Information on Foreign Law to Courts, which will take place in Lausanne on November 26.
Renowned experts, both individuals and institutions, will delve into practical challenges and share insights, comparing practices from various countries, including England, France, Germany, Poland, Switzerland and USA.
Presentations will be conducted in English, in German or in French.
For further information, please contact: marie-laure.lauria@isdc-dfjp.unil.ch
The program for the workshop is available below or can be accessed here.
INDIVIDUAL EXPERTS
9.30-11.00
Chair: Dr. Lukas Heckendorn, Deputy Director, Swiss Institute of Comparative Law
- Experiences in Poland and Germany compared
Prof. Arkadiusz Wudarski, European University Viadrina Frankfurt
- A Common Law Experience
Prof. Franz Werro, University of Fribourg and Georgetown University
- French Experiences
Prof. Gustavo Cerqueira, Université Côte d’Azur
Discussion
11.00-11.30: Coffee break
INSTITUTIONAL EXPERTS
11.30-12.30
Chair: Dr. Ilaria Pretelli, Legal Adviser, Swiss Institute of Comparative Law
- The German Approach: The Max Planck Guidelines
Jan Peter Schmidt, Priv.-Doz., Max Planck Institute for Comparative and International Private Law, Hamburg
- The Swiss Approach: experience of SICL
Lukas Heckendorn Urscheler, Deputy Director, Swiss Institute of Comparative Law
Discussion
12.30-13-30 : Lunch
BARCAMP
13.30-16.00
Moderator: Prof. Nadjma Yassari, Director, Swiss Institute of Comparative Law
A Barcamp session is an open and interactive format that encourages collaboration and idea-sharing. Since all participants join every session, the process is highly collaborative, ensuring focused, inclusive, and enriching discussions for everyone involved.
- Proposing Topics: Any participant can suggest a topic, which will be guided by a moderator.
- Moderated Discussions: A designated moderator ensures the session stays focused and that everyone has the chance to contribute.
- Flexible Structure: Sessions can take the form of a short presentation, group discussion, or collaborative brainstorming.
- Open Exchange: Everyone is encouraged to actively contribute their ideas, perspectives, and questions.
- Shared Learning: The goal is to exchange knowledge, explore new approaches, and learn from each other.
16.00: closure of event
Issue 4 of Lloyd’s Maritime and Commercial Law Quarterly for 2024
Issue 4 of Lloyd’s Maritime and Commercial Law Quarterly for 2024 was just published. It contains the following articles, case notes, and book review:
Katherine Reece-Thomas, “State Immunity and Sunken Treasure: Finders will not Always be Keepers”
Anthony Kennedy, “Unanswered Questions”
Michael F Sturley†, “The Centenary of the Hague Rules: Celebrating a Century of International Conventions Overmining the Carriage of Goods by Sea”
2024 marks the centenary of the Hague Rules, which still play a central role in allocating the risk of cargo loss or damage. To celebrate that milestone, it is valuable to review the history, beginning with the pre-existing risk allocation. When maritime nations applied widely accepted principles differently, efforts began in the late nineteenth century to achieve uniformity by international agreement. Those efforts failed until domestic legislation exacerbated the problem and created greater pressure for a solution. Even after agreement was reached in 1924, however, another fourteen years passed before the Convention was widely in force. Since then, international uniformity has been challenged in multiple ways, and the story continues to this day.
Marcus Teo, “Foreign Law as Fact”
In English law, “foreign law”, as applied under choice-of-law rules, is a question of fact. This “fact doctrine”, however, faces scepticism for three reasons: it remains unclear whether foreign law is truly treated as a question of fact, why it is so treated, and what the precise fact-in-issue is. This article addresses these concerns. It demonstrates that, today, foreign law is treated like any other question of fact. It then argues that foreign law should be classified as a question of fact, and should refer to foreign legal rulings, because this facilitates the accurate prediction of foreign decisions.
Adrian Briggs, “Book Review – Dicey+100. Albert Venn Dicey: A Centennial Commemoration”