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AMEDIP’s upcoming seminar: The impact of artificial intelligence on Private International Law
The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on 26 May 2022 at 3:00 pm (Mexico City time – CDT), 10:00 pm (CEST time). The topic of the webinar is The impact of artificial intelligence on Private International Law and will be presented by Professor Wendolyne Nava, Professor Yaritza Pérez and Roberto Falcón (in Spanish).
The details of the webinar are:
Link: https://us02web.zoom.us/j/84254265759?pwd=0r4SHVY24q8DByvWf236cKaQo1mPXF.1
Meeting ID: 842 5426 5759
Password: BMAAMEDIP
Participation is free of charge.
This event will also be streamed live: https://www.facebook.com/AmedipMX
Out Now: Bizer on Violations of Personality Rights on Social Media
Based on a tweet by the ‘enfant terrible of tech’, Elon Musk, Michael Douglas recently discussed ‘Conflict of Laws of Freedom of Speech on Elon Musk’s Twitter’ on this blog. In a new volume published by Mohr Siebeck, Anna Bizer adresses similar questions, from the point of view of German and European PIL. Starting from the observation that social media challenges the existing legal framework (even more so than the internet itself) by incentivizing the sharing of, and interaction with content, and thus perpetuating violations of personality rights, even where the original author of a post has already deleted it, the author focuses on three areas of law: contract law, tort law, and data protection.
As far as questions of contract law are concerned, Bizer rightly puts an emphasis on the fact that social media platforms often involve a triangle (or pyramid) of contractual relationships between the hosts and at least two users. Regarding the relationship between the host and individual users, she identifies the delineation between private and professional use (only one of which triggers the consumer rules in the Brussels Ia and Rome I Regulations) as the main problem and argues in favour of a much wider understanding of the consumer definition. Regarding the relationship between multiple users of the same service, she rightly acknowledges the potential of the platform contract to influence the applicable law via Art. 4(3) Rome I.
Concerning tort law, Bizer is generally critical of the existing legal framework under Art. 40–42 of the German EGBGB (infringements of personality rights being excluded from the Rome II Regulation). Instead of giving the claimant a choice between Handlungsort (place of acting) and Erfolgsort (place of damage), potentially leading to a mosaic of applicable laws, the applicable law should be determined by identifying the objective centre of the violation, with the intended readership of a given publication as the guiding criterion, which may be supplemented, if necessary, by the CJEU’s centre-of-interests criterion and the place of acting. Again, the author acknowledges that the contract for the social media platform might be taken into account via an escape clause (i.e. Art. 41 EGBGB).
In addition to questions of data protection, the author also addresses the role of the e-Commerce Directive’s country-of-origin rule and the ordre public in what is a well-argued, excellently researched book on a highly topical question.
Seminar on Rights In Rem – Tarragona, 10-11 Nov 2022
The Rovira i Virgili University (Tarragona), University of Barcelona and University of Lleida organise the First International Seminar on Rights In Rem in the European Union: General Aspects and International Jurisdiction.
The seminar seeks to define the concept of rights in rem in the framework of European private international law and comparative law, and to identify the problematic aspects arising from the characterisation of such a concept in terms of both the delimitation of the legal instruments applicable to this matter, and of its application in the Spanish legal system as the representative of a State in which several systems of law coexist. Moreover, in terms of jurisdiction, the Seminar will also address the problems of the delimitation of the rule of jurisdiction applicable under the Brussels I bis Regulation. The Seminar is divided into four panels dealing with three major topics:
· The approach to the concept of rights in rem in European comparative private law and European private international law
· Rights in rem in the Spanish legal system and the state’s internal conflict of laws
· Rights in rem and international jurisdiction under the Brussels I bis Regulation.
In addition to the invited speakers whose topics are indicated in the programme, the Seminar is open to those interested in presenting their short communications on the topic. Applications for submitting a communication proposal must include the following information: author’s personal information and academic position; topic selected; title of the paper and an abstract of between 300 and 500 words in length. Proposals for communications should be sent to: mireia.eizaguirre@urv.cat by 12 September 2022. More information is available in the call for communications.
You are welcome to take a look at and share the official seminar leaflet.
This Seminar is part of the activities within the project PID2020-112609GB-I0 Property Rights System over Tangible Goods in the Field of European Private International Law: Aspects of International Jurisdiction and Applicable Law, funded by the Spanish Government.