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Call for Papers: German Conference for Young Scholars in Private International Law 2023
The fourth German Conference for Young Scholars in Private International Law, held on site at the Sigmund Freud University in Vienna on 23 and 24 February 2023 (we have posted about the event previously here), has issued a call for papers. Proposals are invited for conference presentations (20 min.; to be published) and short presentations (5-10 min.; non-published). Furthermore, the organizers proudly announced that the keynote lecture will be delivered by Professor Horatia Muir Watt (Sciences Po).
The organizers describe the purpose of these proposals and the goals of the conference as follows (emphasis added):
“The theme of the conference will be
Deference to the foreign
– empty phrase or guiding principle of private international law?
As part of any legal system, rules of private international law are determined by the principles of the respective national jurisdiction, but they also open up the national system to foreign rules. This creates the challenge of reconciling foreign law and foreign values with the national legal system. At the conference, we will seek to explore whether and to what extent deference to the foreign is a pervasive principle in private international law. In doing so, we will look at the methods of private international law as well as interdisciplinary approaches to the justification and implementation of said principle.
The theme invites discussion of fundamental questions:
- What is the history of deference to the foreign in private international law?
- Does European Union law lead to a new understanding of the foreign and, in particular, to a stronger delineation from third countries?
- To what extent does mutual trust function as a basis of deference to the foreign in the pro- cess of internationalisation and Europeanisation?
- What is the relationship between deference to the foreign and escape clauses, overriding mandatory provisions, preliminary questions, local data theory (Datumtheorie), renvoi, and public policy clauses?
- What is the role of fundamental and human rights in the context of deference to the foreign?
- Are there tendencies in private international law, specific to or across different areas of law, towards a decline of the principle of deference to the foreign?
- Which levels of acceptance, integration, or assimilation are recognised in private interna- tional law?
- What is the importance of deference to the foreign in the European area of justice?
Contributions can also focus on the relationship between deference to the foreign and the methods of private international law:
- What is the role of methods and private international law concepts in implementing the principle of deference to the foreign (e.g. substitution or recognition)?
- Which insights does legal pluralism offer in relation to deference to the foreign?
- What are the insights of interdisciplinary approaches to the justification and methodological implementation of the principle of deference to the foreign?
- Are there parallels between the conflict of laws approach to deference to the foreign and approaches in other sciences or arts?
Various examples can serve as illustrations of whether and how private international law imple- ments the principles of deference to the foreign in specific areas, for instance:
- The influence of EU freedom of movement on the recognition of legal situations or a per- son’s status, such as same-sex marriages or parenthood
- The recognition of foreign citizenship of multinationals
- The importance of deference to the foreign in the regulation of international supply chains
- Deference to the foreign in economic law within the EU, g. by means of the European Passport in banking and capital market law
We are looking forward to contributions which take up the theme of deference to the foreign. The examples given above are mere suggestions and should not limit the scope of suitable topics. We welcome contributions from all areas of private international law and international civil procedure as well as from international arbitration and uniform law.
Formalities
Speakers are invited to give a presentation of approximately 20 minutes (in either German or English). The written contributions will later be published in a conference volume with Mohr Siebeck.
The conference programme will also include smaller discussion rounds in which short presentations of approximately 5-10 minutes can be given. These contributions will not be published. We are also looking forward to abstracts for such short presentations.
The deadline for the submission of proposals is 12 September 2022. Please send your proposal to ipr@sfu.ac.at. The proposal should contain:
- an anonymised abstract (not exceeding 800 words) in pdf format, and
- a short cover letter, preferably in the e-mail, containing the speaker’s name, address, and institutional affiliation, as well as
- the indication whether the abstract proposes a conference presentation (20 minutes)
and/or a short presentation in the smaller discussion rounds.
Please do not hesitate to contact us, if you have any further questions (ipr@sfu.ac.at).
We are very much looking forward to your proposals.
Kind regards:
Andreas Engel | Florian Heindler | Katharina Kaesling | Ben Köhler
Martina Melcher | Bettina Rentsch | Susanna Roßbach | Johannes Ungerer
More information is available at https://tinyurl.com/YoungPIL.”
IEAF Call for Papers: Insolvency Law in Times of Crisis
The INSOL Europe Academic Forum (IEAF) is inviting submission for its 18th annual conference, taking place from 5-6 October 2022 in Dubrovnik (Croatia). Expressions of interest are invited for the delivery of research papers within the overall theme of the academic conference: “Insolvency Law in Times of Crisis”
The conference is intended to focus on, inter alia, the following overall topics:
- The longer-term impact of the COVID-19 pandemic on insolvency and restructuring laws in the EU and elsewhere;
- The impact of geopolitical crises and macro-economic uncertainties on insolvency and restructuring laws in the EU and elsewhere;
- Reflections on the implementation of the Preventive Restructuring Directive 2019/1023 Directive;
- Cross-border issues relating to the new restructuring frameworks, and
- Reflections on the EU initiative for further harmonization of insolvency laws.
The IEAF board also invites submissions on other topics that fall with in the scope of the overall theme of the conference.
Conference methodology
In line with the practice established in our past academic conferences, the intention for the autumn conference is to have research papers that challenge existing approaches, stimulate debate and ask, and attempt to answer, comparative and interdisciplinary questions about the above-mentioned topics. Accordingly, proposals are invited that do more than just outline a topic of interest in respect of any given jurisdiction, but seek to understand, analyse and critique the fundamentals of insolvency and restructuring systems in ways that are relevant across jurisdictions and across fields of academic inquiry. All contributions must be in English.
Presenting at the IEAF conference
Expressions of interest in delivering papers within the conference theme should be sent by email on or before 15 June 2022 to the INSOL Europe Academic Forum’s Secretary. Authors of papers selected for presentation will benefit from a waiver of the participation fee for the academic conference, however, they will be responsible for their own travel and accommodation costs. A limited number of travel grants will be available to junior scholars invited to present.
For further information, see: www.insol-europe.org/academic-forum-events
Brexit and the Future of Private International Law in English Courts
Our esteemed co-editor Mukarrum Ahmed has recently published a book titled Brexit and the Future of Private International Law in English Courts with Oxford University Press. He has kindly provided us with the following summary:
This book is the first full length study of the private international law implications of Brexit in a single consolidated resource. It provides an analytical and authoritative commentary on the impact of Brexit upon jurisdiction, foreign judgments, and the applicable law in civil and commercial matters. By discussing the principal post-Brexit changes in England, this book faces towards the future of private international law in English courts. It utilises a once-in-a-generation opportunity to analyse, understand, and reframe some fundamental assumptions about private international law with a view to suggesting adjustments and law reform.
Ahmed argues that a conscious unlearning of the central precepts of EU private international law would be detrimental to the future of English private international law. The multilateral issues that lie ahead for the discipline rely on the legal epistemology of EU private international law, which also serves as a useful reference point when comparing aspects of English private international law. Unshackled from the EU’s external competence constraints, the UK will have the opportunity to play a more prominent role in the development of the Hague Conference’s global instruments. A methodologically pluralist approach to English private international law may be the best route to sustain its global leadership in this field, as well as simultaneously assimilating the best private international law developments from the Commonwealth, Europe, and beyond.