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Just released: Cross-Border Litigation in Central Europe: EU Private International Law Before National Courts (ed. Csongor István Nagy)
A volume titled “Cross-Border Litigation in Central Europe: EU Private International Law Before National Courts” and edited by Csongor István Nagy (University of Szeged, Hungary & Center for Social Sciences, Budapest) has recently been published by Kluwer. It was and authored by Katazyna Bogdzevic, Pavle Flere, Lucia Gandzalova, Justyna Gumula-Kedracka, Tena Hosko, Monika Jagielska, Elena Judova, Inga Kacevska, Wojciech Klyta, Vadim Mantrov, Csongor István Nagy, Gabor Palasti, Dora Zgrabljic Rotar, Magdalena Sobas, Janos Szekely, Dace Trupovniece, Jiri Valdhans, Emod Veress, Lucie Zavadilova. The book provides a detailed understanding of the process of seeking justice in cross-border disputes in Central Europe and a comprehensive and exhaustive presentation of the case law in 10 Central European Member States (Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia). It is the first of its kind to offer a comprehensive and analytical overview of the judicial practice in the region. More information on the book, its content and contributors is available here.
The book is a product of the multi-year EU-funded CEPIL project (“Cross-Border Litigation in Central-Europe: EU Private International Law before National Courts”, 800789 — CEPIL — JUST-AG-2017/JUST-JCOO-AG-2017), which was based on the cooperation of six universities (University of Szeged, Hungary, Masarykova univerzita, Czech Republic, Sveu?ilište u Zagrebu, Croatia, Universitatea Sapientia din municipiul Cluj-Napoca, Romania, Univerzita Mateja Bela v Banskej Bystrici, Slovakia, Uniwersytet ?l?ski, Poland). The CEPIL project inquired whether EU private international law functions optimally in the Central European Member States to secure a Europe of law and justice and whether EU private international law instruments are applied correctly and uniformly. It analyzed whether national courts deal appropriately with disputes having a cross-border element and whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants. More information on the project is available here.
LEX & FORUM Vol. 2/2022 – Private International Law & the Internet
The current issue of Lex & Forum explores the existing status of Private International Law & the Internet, and tries to map out solutions and proposals for the future.
The issue benefits from the privilege of hosting papers of two worldwide leading figures in the area of private international law: Professor Dan Svantesson is sharing his insightful conclusions about the current state of the interplay between Private International Law & the Internet and, also, points at the critical problems that need to be addressed in order to secure a better digital future. In doing so, he sets the tone of the entire issue. At the same time, Professor Symeon Symeonides offers a fascinating account of a much needed international coordination effort. After explaining the current status of addressing internet related personality infringemetns accross different jurisdictions, Prof. Symeonides focuses on the initiative of the Institut de Droit International (IDI), which at its 79th biennial session adopted a critical Resolution on internet related personality infringements and Private International Law. Prof. Symeonides explains vividly how this transnational initiative improves over existing regional approaches and offers great insights on its history, rationale and development.
The papers of Prof. Svantesson and Prof. Symeonides are accompanied by that of Professor Ioannis Deliskostopoulos, University of Athens, who offers an excellent account of how the CJEU has been dealing with the challenge of personality related internet disputes. Trying to address future challenges, a second family of papers focused on blockchain based issues. Dr. Ioannis Revolidis, Lecturer at the University of Malta, contributes a primer on International Jurisdiction and the Blockchain, by exploring the unique characteristics of blockchain based systems and by extending his analysis on the so-called Non Fungible Tokens. Dr. Nikolaos Zaprianos puts the challenge of smart contracts into perspective, offering an excellent account about the limits of automation in contractual relationships, while Dr. Konstantinos Voulgarakis monitors the impact of cryptoassets in capital markets and the ensuing private international law challenges. All the aforementioned papers have been presented during a webinar hosted by Lex&Forum on May 13 2022 (youtube.com/watch?v=84wCNVyWXPA&t=652s, accessed 3.9.2022).
The analysis of the relation between Private International Law & the Internet in the current issue of Lex&Forum is concluded with the Praefatio authored by another leading expert in the area, Prof. Gerald Spindler from the University of Göttingen/Germany. The title of it reads as follows: “The Internet and other emerging technologies within the EU and international legal order – aspects of conflicts of laws and international civil procedure”.
At the same time, the Judge of the Court of Appeal Mr. Ioannis Valmantonis has provided a comment on the decision of the CJEU in Gtflix v DR, while Dr. Apostolos Anthimos contributes his views on two Greek court decisions on the refusal of recognition and enforcement of arbitral awards ordering payment in bitcoin (Court of Appeal Western Central Greece 88/2021 and Court of First Instance of Agrinio, Single Chamber, 193/2018). Lastly, Dr. Evangelos Ziakas contributes a paper on the mosaic approach of the CJEU on internet related personality disputes.
Lex&Forum will return with a new issue, which will be focusing on the relationship of the EU Private International Law acquis with cases including third country elements.
Out now: Hannah Buxbaum/Thibaut Fleury Graff, Extraterritoriality / L’extraterritorialité
The Centre for Studies and Research in International Law and International Relations Series at Brill has just issued its 23rd volume, edited by Hannah Buxbaum and Thibaut Fleury Graff.
The Centre for Studies and Research in International Law and International Relations of the Hague Academy of International Law is designed to bring together highly qualified young international lawyers from all over the world, to undertake original research on a common general theme which is determined annually by the Curatorium of the Academy. The Centre is sub-divided in an English-speaking and French-speaking section. The research undertaken at the Centre is published in a collective volume containing the reports of the Directors and the best contributions from the participants. In 2019, the Directors were Hannah Buxbaum and Thibaut Fleury Graff, and their fascinating cross-over topic was „extraterritoriality“.
The blurb reads as follows: „Extraterritoriality is a challenging concept as a matter of international law and policy, raising fundamental questions about the allocation of power among States. It is also a dynamic concept, reflecting and responding to shifts in the global economy, patterns of human behavior, and understandings of state sovereignty.“
Following the Reports of the Directors of Studies, no less than 20 chapters explore the notion and implications of extraterritoriality, either in French or in English language, such as e.g. the first Chapter by Buxbaum herself on “The Practice(s) of Extraterritoriality” (for an SSRN preprint see here), “(Il)licéités et (dé)mesures de l’extraterritorialité”, several Chapters on historical aspects, “Objects and Subjects of Extraterritorialité”, “Extraterritorialité within the Framework of the EU” and other regional organisations, as well as aspects of extraterritoriality in certain areas of law such as in criminal law, cybersecurity, human rights, environmental law, outer space, data protection etc. “Throughout, the volume recognizes extraterritoriality as an expansive concept used to assess both the actions and the obligations of states within the international arena”, the blurb further explains.
Thus, the volume connects private and public international law perfectly and also includes interdisciplinary input. It thereby represents the spirit of the Hague Academy’s Centre for Studies and Research at its best. Highly recommended!
A similarly promising project is currently ongoing at the Centre: “Climate Change and the Testing of International Law” from 22 August – 9 September 2022.