Views
Colonialism and German PIL (1) – Colonial Structures in Traditional PIL
This post is the first of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. See the introduction here.
As mentioned in the introduction, this series does not intent to automatically pass judgment on a norm or method influenced by colonialism as inherently negative (I emphasise this because my experience shows that the impression quickly arises). Instead, the aim is to reveal these influences and to initiate a first engagement with and awareness of this topic and to stimulate a discussion and reflection.
The first category, to be discussed today, relates to the (sometimes unconscious) implementation and later continuation of the colonial structure in PIL – now and then.
Colonialism and German Private International Law – Introduction to a Post Series
In March 2023 I gave a talk at the conference of the German Society of International Law. The conference had the title “Colonial Continuities in International Law“ and my presentation focused on “Continuation of colonialism in contemporary international law? – Foundations, structures, methods from the perspective of PIL“. Thus, I was exploring those foundations, basic structures, and fundamental methods of mainly German Private International Law (PIL) and whether and how they have been influenced by colonialism.
French Cour de cassation rules (again) on duty of domestic courts to apply European rules of conflict on their own motion
News
The United Kingdom has ratified the HCCH 2019 Judgments Convention
This week the United Kingdom ratified the HCCH 2019 Judgments Convention. The Convention will enter into force for the United Kingdom on 1 July 2025. For more information, see the status table here.
The United Kingdom has made only one declaration so far:
27-06-2024
The United Kingdom declares, in accordance with Article 25, that the Convention shall extend to England and Wales only, and that it may at any time submit other declarations or modify this declaration in accordance with Article 30 of the Convention.
For the full notification, click here.
For the HCCH news item, click here.
Call for the 2025 Peter Nygh Hague Conference Internship
The Australian Institute of International Affairs (AIIA) and the Australian Branch of the International Law Association (ILA (AB)) are pleased to present the Peter Nygh Hague Conference Internship.
Virtual Workshop (In English) on July 2: Maggie Gardner on Beyond the Presumption Against Extraterritoriality
On Tuesday, July 2, 2024, the Hamburg Max Planck Institute will host its 46th monthly virtual workshop Current Research in Private International Law at 2:00 pm – 3:30 pm (CEST). Maggie Gardner (Cornell Law School) will speak, in English, about the topic
Beyond the Presumption Against Extraterritoriality
For the last decade, the debate over prescriptive jurisdiction in the United States has been monopolized by the Supreme Court’s rejuvenated presumption against extraterritoriality. Under this framework, U.S. courts interpreting federal statutes must ask (1) whether the statute expresses clear congressional intent to reach extraterritorial conduct, and if not, (2) whether the statute is nonetheless being applied domestically because its “focus” occurred in the United States. But even the Court’s presumption-with-teeth cannot answer all questions of prescriptive jurisdiction in a world of concurrent jurisdiction and economic interdependency. Are there limits on the applicability of U.S. statutes that do rebut the presumption at step one? At step two, does some need for balancing of sovereign interests remain–and is that balancing subsumed within the step two inquiry, or is it a distinct doctrine of international comity? This survey of lower federal court decisions shows that U.S. courts are continuing to engage in contextual balancing despite the rule-like framework of the modern presumption against extraterritoriality, but also that the “focus” test may be encouraging judges to identify a more limited and relevant set of factors to consider. What emerges is a multi-factor analysis that is statute-specific but still responsive to the circumstances of individual cases, in which the presumption serves only as an initial sorting rule. This project distills and defends this updated approach as more feasible for judges to apply, more faithful to congressional intent, and sufficiently capable of addressing international comity concerns without the need for an additional, free-standing comity doctrine.
The presentation will be followed by an open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.