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The Explosion of Private International Law in Asian Scholarship
The 21st century has witnessed a remarkable surge in academic scholarship on private international law in Asia. This is not to say that significant studies on the subject were absent before this period. However, in recent decades, Asian scholars have brought renewed vigour and depth to the field, establishing private international law as a critical area of legal inquiry on the continent.
A testament to this intellectual flourishing is Hart Publishing’s extensive series on private international law in Asia, featuring no fewer than 16 volumes with Professors Anselmo Reyes and Paul Beaumont as Series Editors. These works serve as a rich repository of comparative legal thought, offering valuable insights that extend far beyond Asia’s borders. Scholars and practitioners seeking inspiration from diverse jurisdictions will find these books to be an essential resource. Moreover, other publishers have also contributed to this growing body of literature, further amplifying Asia’s voice in the global discourse on private international law.
Having read and reviewed many of these works on the blog, I am continually struck by the depth of scholarship they offer. Each new book reveals fresh perspectives, reinforcing the notion that private international law is not merely a regional concern but a truly global conversation.
As someone deeply engaged with African private international law, I have found immense value in these Asian publications. The parallels between Asia and Africa—particularly in terms of legal pluralism and cultural diversity—make these studies both relevant and instructive. The cross-pollination of ideas between these regions has the potential to strengthen the development of private international law in both continents.
What is most striking about this surge in Asian scholarship is its outward-looking nature. No longer confined to internal discussions, private international law in Asia is now exporting ideas, influencing legal developments worldwide. This is a phenomenon that deserves both recognition and emulation. The rise of Asian scholarship in private international law is not just an academic trend—it is a pivotal force shaping the future of global legal thought.
The $24 Billion Judgment Against China in Missouri’s COVID Suit
This article was written by Prof. William S. Dodge (George Washington University Law School) and first published on Transnational Litigation Blog. The original version can be found at Transnational Litigation Blog. Reposted with permission.
On March 7, 2025, Judge Stephen N. Limbaugh, Jr. (Eastern District of Missouri) entered a default judgment for more than $24 billion against the People’s Republic of China and eight other Chinese defendants for hoarding personal protective equipment (PPE) during the early days of the COVID pandemic in violation of federal and state antitrust laws. The Eighth Circuit had previously held that the Foreign Sovereign Immunities Act (FSIA) barred most of Missouri’s claims but that the hoarding claim fell within the act’s commercial activity exception.
Missouri now has the judgment against China that it wanted. But Missouri may find that judgment hard to enforce. As discussed below, there appear to be significant procedural problems with the judgment that at least some defendants might raise. More broadly, the properties of foreign states and their agencies or instrumentalities are entitled to immunity from execution under the FSIA. Immunity from execution is broader than immunity from suit, and it is not clear that any of the defendants have property in the United States that can be used to satisfy the judgment. Read more
Trending Topics in German PIL 2024 (Part 1 – Illegal Gambling and “Volkswagen”)
At the end of each year I publish an article (in German) about the Conflict of Laws developments in Germany of the last twelve months, covering more or less the year 2024 and the last months of 2023. I thought it would be interesting for the readers of this blog to get an overview over those topics that seem to be most trending.
The article focuses on the following topics:
- Restitution of Money lost in Illegal Gambling
- Applicable Law in the Dieselgate litigation
- The (Non-)Valitidy of Online Marriages
- New German conflict-of-law rules regarding gender afiliation / identity
- Reforms in international name law
I will start in this post with the two first areas that are mainly dealing with questions of Rome I and Rome II while in my follow-up post I will focus on the three areas that are not harmonized by EU law (yet) and are mainly questions of family law.
News
Call for Papers: 4th APILA Conference, Doshisha University (Kyoto, Japan), 13–14 December 2025
The fourth annual APILA Conference will take place in person at Doshisha University in Kyoto (Japan) on Saturday 13 (Day 1) and Sunday 14 (Day 2) December 2025. The APILA Conference will be in the form of two days of roundtable discussions in English. Persons whose abstracts have been selected (see next paragraph) will deliver oral presentations in turn on Days 1 and 2. Each presentation will run for about 10 minutes and be followed by a discussion of about 10 to 15 minutes in which participants will have the opportunity to comment on the presentation. The objective of the APILA Conference is to assist presenters to refine prospective research papers with a view to eventual publication. Read more
Rivista di diritto internazionale privato e processuale (RDIPP) No 2/2025: Abstracts
With a slight delay – entirely due to myself – I am pleased to announce the release of the second 2025 issue of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM). This issue features:
Francesco Pesce, Associate Professor at the University of Genoa, Il riconoscimento delle decisioni straniere in materia civile tra previsioni sulla competenza funzionale del giudice interno e comunicazioni alla Commissione europea (Recognition of Foreign Decisions in Civil Matters between Provisions on the Functional Jurisdiction of National Courts and Communications to the European Commission; in Italian) Read more
Virtual Workshop (in English) on September 2, 2025: Eva Lein on “PIL and dispute resolution in times of crisis”
On Tuesday, September 2, 2025, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Professor Eva Lein (Lausanne University) will speak, in English, about the topic
“PIL and dispute resolution in times of crisis”
In times of polycrisis, the law is put to the challenge. In international commercial transactions the question is how law can safeguard commercial activity, avoid a plethora of disputes, and encourage a pragmatic legal environment conducive to global economic recovery. This contribution discusses how dispute settlement mechanisms and private international law can be used to responsibly manage disputes in this context and to appropriately respond to future crises.
The presentation will be followed by 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.