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Axel Flessner in memoriam
We are sad to announce that one of Germany’s preeminent scholars of private international law and European private law, Axel Flessner, passed away on 26 November 2022 at the age of 86.
Axel Flessner was a Professor of German, European and International Private Law and Comparative Law at Humboldt-University in Berlin. He contributed to the development of private international law and European private law through countless publications, including several monographs (e.g. “Interessenjurisprudenz im Internationalen Privatrecht”), as well as through his participation in various international committees. As one of the editors of the “Zeitschrift für Europäisches Privatrecht” (Journal of European Private Law) and as the spokesperson for the graduate college “European Private and Economic Law” at Humboldt-University, he left a lasting mark in European private (international) law.
Axel Flessner was held in extremely high esteem both by his colleagues and by his students. With his death, the European private (international) law community loses an outstanding scholar, a great colleague and a convinced European citizen.
Our thoughts are with his family.
List of publications on South African private international law as from 2020
LIST OF PUBLICATIONS ON SOUTH AFRICAN PRIVATE INTERNATIONAL LAW AS FROM 2020
Adams “Choice of Islamic law in the context of the wider lex mercatoria: an express choice of non-State law in contract” 2021 Journal of South African Law 59.
Adams “The UCP as a choice of non-State law in international commercial contracts” 2022 Potchefstroom Electronic Law Journal 1.
Adams and Kruger “Private international law and choice of law clauses” in Hutchison and Myburgh (eds) International Commercial Contracts: Autonomy and Regulation in a Dynamic System of Lex Mercatoria (Edward Elgar, 2020) 110.
Bouwers Tacit Choice of Law in International Commercial Contracts – A Global Comparative Study (Schulthess, 2021) 68-75.
Coleman “Assessing the efficacy of forum selection agreements in Commonwealth Africa” 2020 Journal of Comparative Law in Africa 1.
Coleman “Reflecting on the role and impact of the constitutional value of ubuntu on the concept of contractual freedom and autonomy in South Africa” 2021 Potchefstroom Electronic Law Journal 1.
Coleman “Contractual freedom and autonomy under the CISG and the UNIDROIT Principles as legislative and judicial guidance in Commonwealth Africa” 2021 South African Mercantile Law Journal 319.
Fredericks “Contractual capacity in African private international law” in Omlor (ed) Weltbürgerliches Recht. Festschrift für Michael Martinek zum 70. Geburtstag (CH Beck, 2020) 199.
Neels “The African Principles on the Law Applicable to International Commercial Contracts – a first drafting experiment” 2020 Uniform Law Review 426.
Neels “An experiment in the systematization of South African conflicts rules” in Omlor (ed) Weltbürgerliches Recht. Festschrift für Michael Martinek zum 70. Geburtstag (CH Beck, 2020) 529.
Neels “Characterisation and liberative prescription (the limitation of actions) in private international law – Canadian doctrine in the Eswatini courts (the phenomenon of dual cumulation)” 2021 Journal of Private International Law 361.
Neels “South African perspectives on the Hague Principles” in Girsberger, Kadner Graziano and Neels (gen eds) Choice of Law in International Commercial Contracts. Global Perspectives on the Hague Principles (OUP, 2021) 350.
Neels “International commercial law emerging in Africa” 2022 Potchefstroom Electronic Law Journal Special Edition Festschrift Charl Hugo http://dx.doi.org/10.17159/1727-3781/2022/v25i0a14381.
Neels and Fredericks “The African Principles of Commercial Private International Law and the Hague Principles” in Girsberger, Kadner Graziano and Neels (gen eds) Choice of Law in International Commercial Contracts. Global Perspectives on the Hague Principles (OUP, 2021) 239.
Neels and Fredericks “Recognition and enforcement of Slovenian judgments in South Africa – contractual claims and supranational or international jurisdiction” in Fourie and Škerl (eds) Universality of the Rule of Law. Slovenian and South African Perspectives (Sun Press, 2021) 193.
Neels and Fredericks “Covid-19 regulations as overriding mandatory provisions in private international law – a comparison of regional, supranational and international instruments with the proposed African Principles on the Law Applicable to International Commercial Contracts” in Watney (ed) The Impact of COVID-19 on the Future of Law and Related Disciplines (UJ Press, 2022) 1.
Obiri-Korang “Party autonomy: promoting legal certainty and predictability in international commercial contracts through choice of law (applicable rules of law)” 2022 Journal of South African Law 106.
Obiri-Korang “Primary connecting factors considered by South African courts to determine applicable law of international contracts on the sale of goods” 2022 Lex Portus 7.
Okorley “The possible impact of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial matters on private international law in Ghana” 2022 UCC Law Journal 85.
Schoeman “South Africa: time for reform” in Keyes (ed) Optional Choice of Court Agreements in Private International Law (Springer, 2020) 347.
Wethmar-Lemmer “Recognition and enforcement of foreign arbitral awards under the International Arbitration Act 17 of 2017” 2019 SA Merc LJ 378 (appeared in 2020).
Wethmar-Lemmer “The new South African international arbitration landscape – advances and remaining conflict of laws challenges” in Omlor (ed) Weltbürgerliches Recht. Festschrift für Michael Martinek zum 70 Geburtstag (CH Beck, 2020) 867.
Wethmar-Lemmer “International commercial arbitration in South Africa and the CISG” 2022 Uniform Commercial Code Law Journal 311.
Supreme Court of Canada on International Child Abduction
Written by Stephen G.A. Pitel, Faculty of Law, Western University
The Supreme Court of Canada has released its decision in F v N, 2022 SCC 51 (available here) and the decision offers some important observations about the law on international child abduction. The court held 5-4 that two young children taken by their mother from UAE to Ontario are to be returned to their father in UAE.
The father and mother were engaged in a dispute over custody rights of the children. The court noted that in the removal/return context, it was not deciding the custody issue but rather deciding which court – Ontario or UAE – would decide that issue [para 1]. Because UAE is not a party to the Convention on the Civil Aspects of International Child Abduction, the issue of whether the children should be returned to UAE arose under Ontario legislation (Children’s Law Reform Act, RSO 1990, c C.12), though the court noted similarities between the two regimes [para 52].